BILL NUMBER: AB 2098 CHAPTERED
BILL TEXT
CHAPTER 250
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY APRIL 21, 2010
AMENDED IN ASSEMBLY MARCH 23, 2010
INTRODUCED BY Assembly Members Miller, Jeffries, and Bonnie
Lowenthal
(Principal coauthors: Assembly Members Garrick and John A. Perez)
(Principal coauthors: Senators Correa, Dutton, Emmerson,
Hollingsworth, and Huff)
(Coauthors: Assembly Members Adams, Anderson, Arambula, Bass, Bill
Berryhill, Tom Berryhill, Bradford, Buchanan, Charles Calderon,
Carter, Conway, Cook, Coto, Davis, Fletcher, Fong, Fuller, Gaines,
Galgiani, Gilmore, Hagman, Hall, Hill, Knight, Logue, Ma, Mendoza,
Nestande, Niello, Nielsen, Norby, V. Manuel Perez, Portantino, Silva,
Smyth, Solorio, Audra Strickland, Torlakson, Torres, Tran, and
Villines)
(Coauthor: Senator Ducheny)
FEBRUARY 18, 2010
An act to amend Section 6802 of the Public Contract Code, relating
to public contracts, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2098, Miller. Riverside County Transportation Commission:
transportation projects: contracts.
Existing law, until January 1, 2014, allows certain state and
local transportation entities, if authorized by the California
Transportation Commission, to use a design-build process for
contracting on transportation projects, as specified.
This bill would authorize the Riverside County Transportation
Commission, if authorized by the commission, to utilize this
design-build procurement process for the State Route 91 Corridor
Improvements Project on the state highway system. The bill would make
the Department of Transportation responsible for the performance of
construction inspection services for the project, as specified, and
would require the commission to report on the progress of the project
and related matters to specified legislative committees.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6802 of the Public Contract Code is amended to
read:
6802. (a) Subject to the limitations of this chapter, a local
transportation entity, if authorized by the commission, may utilize
the design-build method of procurement for up to five projects that
may be for local street or road, bridge, tunnel, or public transit
projects within the jurisdiction of the entity.
(b) Subject to the limitations of this chapter, the department, if
authorized by the commission, may utilize the design-build method of
procurement for up to 10 state highway, bridge, or tunnel projects.
(c) (1) In addition to the projects authorized pursuant to
subdivisions (a) and (b), and subject to the limitations of this
chapter, the Riverside County Transportation Commission, if
authorized by the commission, may utilize design-build procurement
for the State Route 91 Corridor Improvements Project on the state
highway system.
(2) Notwithstanding any other provision of this chapter, the
department shall be the agency responsible for the performance of
construction inspection services for the project authorized pursuant
to this subdivision. Construction inspection services for the project
authorized pursuant to this subdivision include, but are not limited
to, surveying, testing the materials, verification testing,
monitoring of environmental compliance, quality control inspection,
and quality assurance audits. The construction inspection duties and
responsibilities 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.
(3) Notwithstanding any other provision of law, for the project
authorized pursuant to this subdivision 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. The
department shall ensure that public safety and convenience is
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 any
deficiency is observed, a written notice shall be sent to the
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.
(4) The department may use department employees or consultants to
perform the services described in this subdivision, consistent with
Article XXII of the California Constitution. Department 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.
(5) Not later than the first day of July that occurs two years
after a design-build contract is awarded, and each July 1 thereafter
until the project is completed, the Riverside County Transportation
Commission shall submit a report on the progress of the project and
compliance with this section to the legislative policy committees
having jurisdiction over transportation matters.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide improved motorist safety, reduced traffic
congestion, and increased traffic mobility on the state's highways at
the earliest possible time, and the associated economic benefits, it
is necessary for this act to take effect immediately.