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Article 1. General of California Government Code >> Division 3. >> Title 2. >> Part 5. >> Chapter 2. >> Article 1.
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.
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.
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.
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.
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.
(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.
(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.
(a) Any toll revenues generated from a managed lane on the
state highway system that is administered by a local agency shall be
expended only within the respective corridor in which the managed
lane is located.
(b) "Managed lane" means either of the following:
(1) A high-occupancy toll lane, which is a dedicated lane that is free for vehicles carrying a minimum number of occupants, but which allows vehicles containing less than the minimum number of occupants to use the lane upon payment of a toll.
(2) An express toll lane, which is a dedicated lane that requires all vehicles to pay a toll in order to use the lane, but may provide for vehicles carrying a minimum number of occupants to pay a discounted toll.
(b) "Managed lane" means either of the following:
(1) A high-occupancy toll lane, which is a dedicated lane that is free for vehicles carrying a minimum number of occupants, but which allows vehicles containing less than the minimum number of occupants to use the lane upon payment of a toll.
(2) An express toll lane, which is a dedicated lane that requires all vehicles to pay a toll in order to use the lane, but may provide for vehicles carrying a minimum number of occupants to pay a discounted toll.
(a) The department, in coordination with the Department of
the California Highway Patrol, may conduct testing of technologies
that enable drivers to safely operate motor vehicles with less than
100 feet between each vehicle or combination of vehicles.
(b) Notwithstanding Section 21705 of the Vehicle Code or any other provision of law, motor vehicles participating in testing of those technologies pursuant to subdivision (a) may be operated with less than 100 feet between each vehicle or combination of those vehicles.
(c) The department may only use motor vehicles and streets and highways in testing conducted pursuant to subdivision (a) that the Department of the California Highway Patrol authorizes for those uses.
(d) The department shall report its findings from the testing conducted pursuant to subdivision (a) to the Legislature on or before July 1, 2017. The report required by this subdivision shall be submitted in compliance with Section 9795.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(b) Notwithstanding Section 21705 of the Vehicle Code or any other provision of law, motor vehicles participating in testing of those technologies pursuant to subdivision (a) may be operated with less than 100 feet between each vehicle or combination of those vehicles.
(c) The department may only use motor vehicles and streets and highways in testing conducted pursuant to subdivision (a) that the Department of the California Highway Patrol authorizes for those uses.
(d) The department shall report its findings from the testing conducted pursuant to subdivision (a) to the Legislature on or before July 1, 2017. The report required by this subdivision shall be submitted in compliance with Section 9795.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
