Bill Text: CA AB1760 | 2009-2010 | Regular Session | Enrolled
Bill Title: Design-sequencing contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1760 Detail]
Download: California-2009-AB1760-Enrolled.html
BILL NUMBER: AB 1760 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN SENATE JULY 15, 2010
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, 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 These provisions are now repealed.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 not more than 5 transportation projects, to be
effective until January 1, 2014. The bill would require the
department to compile data on the transportation projects pursuant to
the design-sequencing contracts awarded under these provisions and
to include that data in an attachment to specified reports to the
Legislature 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) 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 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 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 not
more than five 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) 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 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, to be included as
an attachment to any annual status reporting performed by the
department, pursuant to Section 3 of Chapter 795 of the Statutes of
2004, on design-sequencing projects awarded prior to January 1, 2011.
The reports and attachments described in this subdivision 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. 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,
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.
