BILL NUMBER: AB 294 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 23, 2012
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
INTRODUCED BY Assembly Member Portantino
FEBRUARY 9, 2011
An act to add and repeal Article 6.3 (commencing with Section 217)
of Chapter 1 of Division 1 of, the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 294, Portantino. Transportation projects: procurement:
design-sequencing.
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 These provisions are now repealed.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 enact new provisions, authorizing the department
to let contracts for construction of not more than 8 transportation
projects utilizing the design-sequencing method, to be effective
until January 1, 2017. The bill would require the department to use
department employees or consultants under contract with the
department to perform all design services related to design plans for
the transportation projects, as specified. The bill would require
the department to compile data on the transportation projects awarded
under these provisions and to make that information available on its
Internet Web site each year during which the projects are underway,
as specified.
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 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) State and federal 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 available state and
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
state and federal funds as they become available.
SEC. 2. Article 6.3 (commencing with Section 217) is added to
Chapter 1 of Division 1 of the Streets and Highways Code, to read:
Article 6.3. Design-Sequencing Program
217. The following definitions apply for the purposes of this
article:
(a) "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.
(b) A "design-sequencing contract" is a contract between the
department and a construction contractor in which the department is
the responsible agency for, and performs the design of, a project
that permits construction of the project to commence upon completion
of design for a construction phase.
217.1. (a) Notwithstanding Section 10120 of the Public Contract
Code, the department, at the director's discretion, may let contracts
for construction of not more than eight transportation projects, to
be selected based on criteria established by the director, utilizing
the design-sequencing method. For the purpose of this article, these
projects shall be deemed public works.
(b) The department shall use department employees or consultants
under contract with the department to perform all design services
related to the design of plans 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 projects
pursuant to design-sequencing contracts awarded under this article
are underway, the department shall, for each of those projects,
compile data, including the stage of completion, district, cost,
description, status, estimated time to complete the project, and, as
appropriate, actual time to complete the project, and shall make this
information available on its public Internet Web site.
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. The department may utilize design-sequencing authority
only on projects that are deemed to have a high probability of
success as determined by the "Design-Sequencing Project Selection
Criteria" contained in the "Design-Sequencing Nomination Fact Sheet"
developed by the department. For the purposes of this section, "high
probability" means there is a likelihood that a time savings will be
realized, construction costs will be reduced, or available state or
federal funds will be captured by utilizing design-sequencing.
217.4. This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.