Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2708

Introduced by Assembly Member Daly

February 19, 2016

An act to begin delete amend Section 91.2 of the Streets and Highways Code, end delete begin insert add Section 14131.3 to the Government Code, end insert relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2708, as amended, Daly. Department of Transportation: begin delete construction inspection services. end delete begin insert Lean 6-SIGMA program. end insert

begin insert

Existing law authorizes the Department of Transportation to contract for the services of engineers, architects, surveyors, planners, environmental specialists, and materials testing specialists to provide professional and technical services relating to project study reports, project development, surveying, and construction inspection whenever the director determines that specified guidelines are applicable and that the services contracted for shall not cause the displacement of any permanent, temporary, or part-time employee of the department.

end insert begin insert

This bill would require the department to conduct a study to assess the implementation of the Lean 6-SIGMA program as provided through the Governor’s Office of Business and Economic Development and the Government Operations Agency to determine the effectiveness of streamlining the application process for private architectural and engineering firms seeking to provide professional and technical project development services to the department.

end insert begin delete

Existing law, until January 1, 2024, requires the Department of Transportation to perform construction inspection services for certain design-build projects on or interfacing with the state highway system and to retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety and convenience are jeopardized on those projects.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 14131.3 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 14131.3. end insert   

The Department of Transportation shall conduct a
study to assess the implementation of the Lean 6-SIGMA program
as provided through the Governor’s Office of Business and
Economic Development and the Government Operations Agency
to determine the effectiveness of streamlining the application
process for private architectural and engineering firms seeking to
provide professional and technical project development services
to the department.

end insert

begin delete

SECTION 1.  

Section 91.2 of the Streets and Highways Code
is amended to read:

91.2.  

(a) The department shall perform construction inspection
services for projects on or interfacing with the state highway system
authorized pursuant to Chapter 6.5 (commencing with Section
6820) of Part 1 of Division 2 of the Public Contract Code. The
department shall use department employees or consultants under
contract with the department to perform the services described in
this subdivision and subdivision (b), consistent with Article XXII
of the California Constitution. Construction inspection services
performed by the department for those projects include, but are
not limited to, material source testing, certification testing,
surveying, monitoring of environmental compliance, independent
quality control testing and inspection, and quality assurance audits.
The construction inspection duties and responsibilities of the
department shall include a direct reporting relationship between
the inspectors and senior department engineers responsible for all
inspectors and construction inspection services. The senior
department engineer responsible for construction inspection
services shall be responsible for the acceptance or rejection of the
work.

(b) Notwithstanding any other law, the department shall retain
the authority to stop the contractor’s operation wholly or in part
and take appropriate action when public safety is jeopardized on
a project on or interfacing with the state highway system authorized
pursuant to Chapter 6.5 (commencing with Section 6820) of Part
1 of Division 2 of the Public Contract Code. The department shall
ensure that public safety and convenience are maintained whenever
work is performed under an encroachment permit within the state
highway right-of-way, including, but not limited to, work
performed that includes lane closures, signing, work performed at
night, detours, dust control, temporary pavement quality, crash
cushions, temporary railings, pavement transitions, falsework,
shoring, and delineation. The department shall regularly inspect
the job sites for safety compliance and any possible deficiencies.
If a deficiency is observed, a written notice shall be sent by the
department to the regional transportation agency’s designated
resident engineer to correct the deficiency. Once the deficiency is
corrected, a written notice describing the resolution of the
deficiency shall be sent to the department and documented.

(c) The department shall use department employees or
consultants under contract with the department to perform the
services described in subdivisions (a) and (b), consistent with
Article XXII of the California Constitution. Department employee
and consultant resources necessary for the performance of those
services, including personnel requirements, shall be included in
the department’s capital outlay support program for workload
purposes in the annual Budget Act.

(d) “Construction inspection services” shall not include
surveying work performed as part of a design-build contract.

(e) This section shall remain in effect only until January 1, 2024,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2024, deletes or extends that date.

(f) If any provision or application of this section is held invalid
by a court of competent jurisdiction, the department shall post on
its Internet Web site within 10 business days of the decision of
invalidity that this section has been held invalid.

end delete