Bill Text: CA AB1760 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1760	AMENDED
	BILL TEXT

	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, 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 These provisions are now repealed.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  not more than 5  transportation projects,
to be effective until January 1,  2016   2014
 . The bill would require the department to  prepare a
status report   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
 design-sequencing contracts   the projects
 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 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 
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
  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. 
    217.3.   217.4.   This article shall
remain in effect only until January 1,  2016  
2014 , and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,  2016 
 2014  , deletes or extends that date.