BILL NUMBER: AB 1760 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2010
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 These provisions are now repealed.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, authorizing the
department to let design-sequencing contracts for the design and
construction of transportation projects, to be effective until
January 1, 2016. The bill would require the department to
prepare a status report to the Legislature each
year during which design-sequencing contracts are underway, as
specified.
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
phases 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.
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 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 in which the department is the
responsible agency for the performance of design and that
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 Section 10120 of the Public Contract Code,
the department, at the director's discretion, may let
design-sequencing contracts for the design and construction of
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.
(b) The department may use employees or consultants for contracts
authorized in this article, consistent with Article XXII of the
California Constitution. Department resources, including personnel
requirements, necessary for the performance of those services shall
be included in the department's capital outlay support program for
workload purposes in the annual Budget Act.
(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).
(d) Not later than July 1 of each year during which
design-sequencing contracts are underway, the department shall
prepare a status report on its contracting methods, procedures,
costs, and delivery schedules. The status report shall be submitted
to the Legislature pursuant to Section 9795 of the Government Code.
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.
217.3. This article shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.