BILL NUMBER: AB 1760 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2010
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 amended, 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 These provisions are now repealed.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 authorizing the department to let
design-sequencing contracts for the design and construction of
transportation projects, to be effective until January 1,
2014 2016 . 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. The Legislature finds and declares all
of the following:
(a) The design-sequencing pilot program was established by
previous state legislation and administered by the Department of
Transportation. The first and second phase of the program authorized
a total of 24 design-sequencing projects and had a sunset date of
January 1, 2010. A report will be submitted to the Legislature that
will describe and evaluate the outcome of the completed projects.
Current design-sequencing indicators have provided generally good
assessments of the program.
(b) Federal stimulus funds for transportation often require
projects to be awarded under time constraints.
(c) It is the intent of the Legislature, therefore, to provide the
Department of Transportation with a project delivery tool that has
the potential to increase efficiency, reduce costs incurred by the
state, and help California take advantage of federal funds.
(d) It is the intent of the Legislature that the Department of
Transportation be provided with interim authority to establish
design-sequencing contracts. Because current evaluations of the pilot
program show positive outcomes in time savings, the interim
authority will allow design-sequencing to be used as a valuable tool
on appropriately selected projects. This will help the state utilize
federal funds as they become available pending conclusions of the
pilot program's final report scheduled for completion in 2015.
SECTION 1. SEC. 2. 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. 217.2. 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. 217.3. This article shall
remain in effect only until January 1, 2014
2016 , and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014
2016 , deletes or extends that date.