SECTIONS 14101-14105 - California Statutes

GOVERNMENT CODE

SECTION 14101-14105

14101. The department shall contract with qualified architects and
engineers for the performance of work when it is determined by the
Director of Transportation, with the approval of the Director of
Finance, that the obtainable staff is unable to perform the
particular work within the time the public interest requires such
work to be done.

14102. The State Energy Resources Conservation and Development
Commission, in consultation with the department, shall study the
potential cost-effectiveness and energy efficiency of utilizing
retroreflective sheeting materials on highway signs. In completing
the study, that commission shall review any existing studies to the
extent feasible and report its findings to the Legislature on or
before May 1, 2002.

14103. The department may prepare, publish, and issue such printed
pamphlets and bulletins as the director deems necessary for the
dissemination of information to the public concerning the activities
of the several divisions of the department. Funds available for the
support of the several divisions may, with the approval of the
Department of Finance, be used to pay the cost of preparation,
publication, and distribution.

14104. The department may employ such assistance as may be
necessary for the proper discharge of its duties, and may purchase or
rent any necessary supplies, instruments, tools, equipment, and
conveniences.

14104.5. Where work to be performed, excluding regular maintenance
work, which would otherwise be subject to the State Contract Act,
does not lend itself to the preparation of plans and specifications
to enable bids to be taken on a lump sum or unit basis, and the
director so finds, the department may perform such work by the use of
rented tools or equipment, either with operators furnished or
unoperated. Contracts for such work may include provision for
equipment rental and in addition the furnishing of labor and
materials necessary to accomplish the work. Such contracts shall not
be subject to the State Contract Act, but shall be subject to all of
the provisions of Section 136.5 of the Streets and Highways Code, and
of Article 2, Chapter 1, Part 7, Division 2 (commencing at Section
1770) of the Labor Code.

14105. (a) The department may verify that all construction projects
performed under its jurisdiction meet or exceed all standards and
specifications included in the projects.
(b) Unless a contract provides that a contractor or service
provider will perform quality control under the contract, the
department may assign qualified state employees or other persons,
subject to existing law, to perform all inspection and testing
required under existing law, regulation, or policy on any project
performed under its jurisdiction that requires the inspection of
construction activity or material, including, but not limited to,
commercial and fabricated material.
(c) If no other law or regulation requires inspection and testing,
the department may adopt and enforce a strict policy requiring
inspection of construction activity or material, including, but not
limited to, commercial and fabricated material.
(d) Any contractor or service provider who performs quality
control inspections and tests as part of a contract with the
department shall be certified on a prescribed random basis by
qualified state employees or an organization certified by the
department pursuant to applicable law, regulation, or policy.
(e) Quality assurance testing and inspection shall be performed
over the entire period of a contract.
(f) Nothing in this section is intended to expand or restrict the
authority of the department to contract for the provision of
construction, inspection, management, and testing services from
qualified private sector firms.
(g) No person shall willfully conceal, alter, misrepresent, or
distort, or attempt to conceal, alter, misrepresent, or distort the
findings of any laboratory or subcontractor that provides quality
control inspection and testing services to a contractor under this
section.
(1) If the prime contractor is not found to have concealed,
altered, misrepresented, or distorted, or attempted to conceal,
alter, misrepresent, or distort the findings of any laboratory or
subcontractor by reason of having a subcontractor perform inspection
and testing services, then the prime contractor is not considered to
be in violation of this section.
(2) Whenever any person, firm, corporation, partnership, or
association performing quality control inspection and testing
services on a public work contract, pursuant to Section 1101 of the
Public Contract Code, and is under the jurisdiction of the
department, is found by the department to have violated this section,
the department shall order for a period of not less than one year
and not more than three years that the person or entity refrain from
doing any of the following within the department's jurisdiction:
(A) Bid on a public work contract.
(B) Work on a public work contract.
(C) Be awarded a public work contract.
(3) Any determination by the department pursuant to paragraph (2)
shall be made after a full investigation by the department and a fair
and impartial hearing with reasonable notice. The periods of
disqualification specified in this section shall commence on the date
the determination of the violation is made by the department.
(4) A violation of this section occurs when the person, firm,
corporation, partnership, association, or officers commit any one or
more of the acts described in subdivision (g).
(5) The department may promulgate rules and regulations for the
administration and enforcement of this section and provide for the
definition of terms.