SECTIONS 14130-14136 - California Statutes

GOVERNMENT CODE

SECTION 14130-14136

14130. (a) The Legislature hereby finds and declares all of the
following:
(1) There is a compelling public interest in ensuring that all
federal, state, local, and private funds available for the state
highway program are captured and used in a timely manner.
(2) In order to maximize the use of federal, state, local, and
private funds and to maintain a competitive posture in seeking
supplemental federal funds, California must have a highway
construction plan in place.
(3) Changes in federal, state, and local revenues and the growing
private participation in state highway construction can result in
significant fluctuations in workload relating to project study
reports, project development, surveying, and construction inspection.
To maintain a more stable workforce in the department and avoid the
costly process of short-time hiring and layoff while still responding
in a timely manner to funding opportunities and uncertainties,
additional flexibility through outside contracting and cooperative
agreements with local public agencies is needed to supplement the
department's program staff.
(b) Therefore, it is the intent of the Legislature that the
department contract for the services of engineers, architects,
surveyors, planners, environmental specialists, and materials testing
specialists, in order to provide professional and technical project
development services to the department whenever the department is
inadequately staffed to satisfactorily carry out its program of
project study reports, project development, surveying, and
construction inspection in a timely and effective manner. It is the
further intent of the Legislature to permit, through cooperative
agreements with the department, local public agencies to undertake
that program of activities on state highway projects for which they
are a funding source.
(c) This section shall become operative on January 1, 1998.

14131. The department may contract for the services of engineers,
architects, surveyors, planners, environmental specialists, and
materials testing specialists to provide professional and technical
services relating to project study reports, project development,
surveying, and construction inspection whenever the director
determines that the guidelines adopted pursuant to Section 14134 are
applicable. Services contracted for shall not cause the displacement
of any permanent, temporary, or part-time employee of the department.
For purposes of this section, "displacement" means layoff,
demotion, involuntary transfer to a new class, or involuntary
transfer to a new work location requiring the employee to change his
or her place of residence in order to be able to continue in his or
her job classification.

14131.1. The department, in applying the criteria for contracting
for services established pursuant to this article, shall consider the
workload relating to project study reports, project development,
surveying, and construction inspection based on the total program
relating to those factors for each fiscal year. In determining the
appropriateness of contracting, the provisions of this article and
the guidelines adopted pursuant to this article may be applied to the
total program relating to project study reports, project
development, surveying, and construction inspection for the fiscal
year. Application of the provisions of this article and the
guidelines to each individual contract for services is not required.
Once the department applies the provisions of this article and the
guidelines to the total project development program for the fiscal
year and determines the total personnel years allocated for
contracting out for the fiscal year, there shall be no further
requirement to identify or refer to specific facts or guidelines
which justify contracting out regarding individual contracts.

14131.2. (a) Solely for the purpose of validating the selection of
consultants completed prior to July 1, 1990, the Legislature hereby
declares that the process of evaluating and selecting consultants for
that list of projects specifically identified in the selection
process undertaken during the period between June 13, 1989, and June
30, 1990, in support of the Riverside County Transportation
Improvement Plan, as specified in Measure A on the November 8, 1988,
ballot for Riverside County, is consistent with the requirements of
this article, and the resultant numerically ranked list of
consultants shall serve as the basis of negotiation and award of
contracts by the department until September 19, 1992.
(b) The method of selecting consultants authorized by subdivision
(a), and the resultant list, may be utilized until December 31, 1995,
if (1) the process for prequalifying consultants is reopened to
allow additional consultants the opportunity to qualify for inclusion
in the list and (2), the prequalifying process is conducted at least
annually.

14132. (a) In addition to the requirements set forth in this
section, in the department's contracting out for the services of
engineers, architects, surveyors, planners, environmental
specialists, and material specialists, the department shall comply
with the criteria governing the state's participation goals for
minority, women, and disabled veteran owned firms as specified in
Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code. These goals shall apply to
the overall dollar amount expended each year by the department
pursuant to this article.
(b) The department shall develop a list of qualified minority,
women, and disabled veteran business enterprises that have been
certified as a minority, women, or disabled veteran business
enterprise, and that are interested in performing engineering,
architectural, environmental, landscape architectural, or land
surveying services under contract with the department, utilizing
existing resources such as the Office of Small and Minority Business,
the Minority Business Development Agency, and the Small Business
Administration. Notice of the development of the list and request for
statements of interest shall be published in professional
publications at least 60 days prior to the deadline for submittal of
statements of interest. The qualifications required for minority
business enterprises and women business enterprises shall be the same
as those required for any other firm or individual contracting with
the department for the purposes of this article.
(c) Any minority, women, or disabled veteran business enterprise
not initially included on the list of interested firms may file
statements of interest at any time, and the department shall evaluate
the statements and notify the minority or women or disabled veteran
business enterprise of their eligibility for placement on the list
within 60 days of the request. Any minority, women, or disabled
veteran business enterprise that is eligible to be counted toward the
department's participation goals and that meets the standard
requirements shall be added to the list of interested firms
immediately.

14133. (a) Contracts made pursuant to this article are not subject
to Article 4 (commencing with Section 19130) of Chapter 6 of Part 2
of Division 5.
(b) Contracts for engineering, architectural, landscape
architectural, environmental, or land surveying services that the
department elects to advertise and award in accordance with Section
14132.1 are not subject to Chapter 10 (commencing with Section 4525)
of Division 5 of Title 1. All other contracts for engineering,
architectural, environmental, landscape architectural, or land
surveying services made pursuant to this article are subject to
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1.
Notwithstanding Section 10295 of the Public Contract Code, the
determination as to whether the guidelines for contracting adopted
pursuant to Section 14134 have been met shall be the sole
responsibility of the Director of Transportation. The Department of
General Services shall have 30 working days upon receipt of a
contract under this article in which to act on the contract, except
in cases where further clarification is required by the department to
execute the contract.

14134. (a) The department, after consultation with the commission
and local transportation agencies, shall adopt guidelines for
determining the appropriateness of contracting with private firms or
on projects developed cooperatively with local jurisdictions. The
guidelines shall include, but not be limited to, consideration of the
following:
(1) Ensuring that all available federal, state, and local funds,
including supplemental federal funds, are captured and used in a
timely manner.
(2) Reducing short-term fluctuations in the department's workload
relating to project study reports, project development, surveying,
and construction inspection while still enabling the department to be
plan-ready.
(3) Facilitating the expeditious use of locally raised funds for
state highway projects, recognizing that, in this instance, local
governments are partners in state highway construction and that
locally financed projects should not be unnecessarily delayed.
(4) Ensuring that the cost effectiveness of contracting is
considered equally with other factors when a determination of the
appropriateness of contracting is made.
(5) Ensuring that contract selection is performed in accordance
with applicable state laws regarding the selection of professional
architectural, engineering, environmental, or land surveying
services, and to ensure the selection process avoids or prohibits
unlawful or unfair procedures or activities.
(b) These guidelines shall serve as general criteria for the
determination of the appropriateness of contracting for services
relating to project study reports, project development, surveying,
and construction inspection and shall not be deemed to require the
department to contract for specific projects solely because they may
meet these criteria.
(c) The department may contract with local jurisdictions, rather
than with private firms, for professional and technical services
relating to project study reports, project development, surveying,
and construction inspection. In such a case, the services shall be
only for a project located within the area of the local jurisdiction.

14135. Each contract for engineering, architectural, or landscape
architectural services entered into pursuant to this article and any
construction contract resulting therefrom is subject to all of the
following conditions:
(a) The engineering, architectural, or landscape architectural
firm providing design services for a project is not eligible to bid
on or to be awarded the construction contract for that project.
(b) The department shall provide a regular civil service employee
as the resident engineer on any construction contract that results
from project design services performed by engineers, architects, or
landscape architects selected pursuant to this article.
(c) All contract plans and changes to plans prepared by an
engineer, architect, or landscape architect selected pursuant to this
article shall be subject to review and approval by a licensed
engineer, architect, or landscape architect of the department.

14136. (a) The department shall encourage mentor-protege agreements
between prime contractors and subcontractors whereby protege firms
may receive appropriate developmental assistance from the mentor firm
to enhance protege firms' capabilities to perform as subcontractors
and suppliers.
(b) In encouraging establishment of mentor-protege relationships,
the department may consider offering incentives to prime contractors
including, but not limited to, a credit against participation goals
required by Article 1.5 (commencing with Section 10115) of Chapter 1
of Part 2 of Division 2 of the Public Contract Code.
(c) This section shall be known and may be cited as the Polanco
Mentor-Protege Program of 1993.