BILL NUMBER: AB 1760	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 8, 2010

   An act to add and repeal Article 6.5 (commencing with Section 217)
of Chapter 1 of Division 1 of the Streets and Highways Code,
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1760, as introduced, Blumenfield. Design-sequencing contracts.
   Until January 1, 2010, the Department of Transportation was
authorized to conduct a pilot project to let design-sequencing
contracts, as defined, for design and construction of not more than
12 transportation projects. These provisions are now repealed.
   This bill would reenact similar provisions, applicable to up to 10
transportation projects, to be effective until January 1, 2014. The
bill would require a report to the Legislature describing and
evaluating the outcome of the contracts undertaken pursuant to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6.5 (commencing with Section 217) is added to
Chapter 1 of Division 1 of the Streets and Highways Code, to read:

      Article 6.5.  Design-Sequencing Demonstration and Evaluation
Program


   217.  The following definitions apply for the purposes of this
article:
   (a) "Design" is a plan completed to a level of 30 percent.
   (b) "Design-sequencing" is a method of contracting that enables
the sequencing of design activities to permit each construction phase
to commence when design for that phase is complete, instead of
requiring design for the entire project to be completed before
commencing construction.
   (c) A "design-sequencing contract" is a contract between the
department and a contractor that requires the department to prepare a
design and permits construction of a project to commence upon
completion of design for a construction phase.
   217.1.  (a) Notwithstanding Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code, except
Section 10128 of that code, and Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code, the department
may let design-sequencing contracts for the design and construction
of not more than 10 transportation projects, to be selected based on
criteria established by the director. For the purpose of this
article, these projects shall be deemed public works.
   (b) In selecting projects for the program authorized under
subdivision (a), the director shall attempt to balance geographical
areas among projects as well as pursue diversity in the types of
projects undertaken. In this process, the director shall consider
selecting projects that improve interregional and intercounty routes.

   (c) To the extent available, the department shall seek to
incorporate existing knowledge and experience on design-sequencing
contracts in carrying out its responsibilities under subdivision (a).

   217.2.  Not later than July 1, 2011, and July 1 of each subsequent
year during which a contract under the program, as described in
Section 217.1, is in effect, the department shall prepare a status
report on its contracting methods, procedures, costs, and delivery
schedules. Notwithstanding Section 217.4, upon completion of all
design-sequencing contracts, but in no event later than December 31,
2013, the department shall establish a peer review committee or
continue in existence the peer review committee created pursuant to
former Section 217.4, which was added by Chapter 378 of the Statutes
of 1999, and direct that committee to prepare a report for submittal
to the Legislature that describes and evaluates the outcome of the
contracts provided for in Section 217.1, stating the positive and
negative aspects of using design-sequencing as a contracting method.
   217.3.  Design-sequencing contracts under the program, as
described in Section 217.1, shall be awarded in accordance with both
of the following:
   (a) The department shall advertise design-sequencing projects by
special public notice to contractors.
   (b) Contractors shall be required to provide prequalification
information establishing appropriate licensure and successful past
experience with the proposed work.
   217.4.  This article shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.