reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14083.

14083. Any agreement made pursuant to Section 14081 shall provide that the department shall be fully reimbursed by the governing body for all costs incurred by the department in performing services pursuant to the agreement. The amount of the reimbursement shall be negotiated and agreed to between the governing body and the department in advance of the department performing the services. However, whenever funds are made available to the department with an authorization to expend the funds for the department’s performance of all or part of the agreed-upon services, the services so financed shall be performed by the department without reimbursement. Any state funds so used shall be considered as part of the financing needed by the governing body from state and local revenue sources to meet its matching requirements for federal funding.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14083.5.

14083.5. Any funds received by the department from the governing body pursuant to an agreement made pursuant to Section 14081 shall be deposited in the State Treasury to the credit of the state account which the department designates. The department shall use the funds for the purposes referred to in Section 14081 in accordance with the applicable laws and regulations, and with the contracts, plans, specifications, and terms agreed upon.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14084.

14084. If at any time, in carrying out any agreement made pursuant to Section 14081, the required payment of reimbursements becomes a matter in dispute that cannot be resolved by the governing body and the director, it shall be brought before the Controller, who may conduct the necessary audits and interviews to determine the facts, hear both parties to the dispute, and make a final determination as to the reimbursement actually due.
(Amended by Stats. 2016, Ch. 31, Sec. 125. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14085.

14085. Whenever any public entity is to receive state or federal funds for the purposes of project planning, design, rights-of-way, construction, acquisition, or improvement of exclusive public mass transit guideways (and their related fixed facilities, power systems, passenger facilities, vehicles, and equipment), it shall prepare for the complete project each of the following that are applicable to the type of project, and transmit them to the department for its review and approval of policies, procedures, and performance standards, which review and approval shall be completed within a reasonable time, on behalf of the State of California, prior to the implementation of the project or the project phases affected:
(a) The overall project financing plan and the overall project development schedule.
(b) Policies, procedures, and performance standards for such matters as the project’s management control systems; public hearings; location studies, preliminary engineering investigations, and environmental impact studies; plans, specifications, and cost estimates; acquisition of rights-of-way and other related real properties; relocation assistance; contract provisions, bidding and awards, change orders, payments and audits, and contractor claims; and material and equipment testing.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14085.5.

14085.5. With respect to the review and approval of policies, procedures, and performance standards pursuant to Section 14085, the department’s authority shall be directed at such matters as the requirements, criteria, process methods, and project management control systems to be used for effectively performing and accomplishing a project’s development; and the department’s authority, as it applies to this specific purpose, shall not be directed at determining such matters as a project’s actual location and design, its actual transport capability, or its actual service features, unless otherwise provided for by statute or mutual agreement.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14086.

14086. The department shall adopt guidelines for purposes of Section 14085. The guidelines and the department’s review and approval required pursuant to Section 14085 shall be based on the best contemporary practices and any applicable state or federal laws or regulations for an effective and timely accomplishment and integrity of the project’s development.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14086.5.

14086.5. Before approving an overall project financing plan and an overall project development schedule, the department shall obtain the finding of the California Transportation Commission, and the commission shall transmit its finding to the department within a reasonable time, that the proposal is in accordance with the adopted state transportation improvement program for state funded projects and the adopted regional transportation improvement program for federally funded projects.
(Amended by Stats. 1978, Ch. 915.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14087.

14087. If the governing body of a public entity wishes to appeal an action of the department taken under Section 14085 the matter shall be appealed to the Secretary of Transportation. Within a reasonable time after receiving the appeal, the secretary shall hear all parties involved and determine the matter, or the secretary may appoint a hearing officer to hear all parties involved and make a recommendation for the consideration of the secretary in determining the matter.
(Amended by Stats. 2013, Ch. 352, Sec. 289. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14088.

14088. For emergency conditions, and for those minor improvement projects which are not interrelated to proposed projects of greater scope, the director may waive any or all of the requirements of Section 14085 when such action is in the public interest.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 1 - General › ARTICLE 6 - Exclusive Mass Transit Guideway Systems › Section 14089.

14089. Nothing in this article shall be construed to make the receipt of state or federal funds by public entities for the purpose of project planning, design, rights-of-way, construction, acquisition, or improvement of exclusive public mass transit guideways (and their related fixed facilities, power systems, passenger facilities, vehicles, and equipment) contingent upon entering into any agreement with the department pursuant to Section 14081.
(Added by Stats. 1975, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14101.

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.
(Amended by Stats. 1980, Ch. 212.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14102.

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.
(Added by Stats. 2001, Ch. 825, Sec. 3.5. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14103.

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.
(Added by Stats. 1945, Ch. 118.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14104.

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.
(Amended by Stats. 1955, Ch. 1409.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14104.5.

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.
(Amended by Stats. 1957, Ch. 605.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14105.6.

14105.6. (a) The department shall prepare a detailed plan that shall include steps the department will take to ensure that it is in conformance with its policies to prevent discrimination or preferences in its employing practices or its practices in bidding and awarding public contracts to provide equal access to opportunities for all qualified applicants, and shall report the plan to the Legislature and shall report updates to the plan, as necessary.
(b) All reports to the Legislature required by this section shall be submitted in conformance with Section 9795.
(Added by Stats. 2017, Ch. 95, Sec. 3. (SB 103) Effective July 21, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14106.

14106. (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.
(Added by Stats. 2014, Ch. 500, Sec. 1. (AB 2250) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14110.

14110. Consistent with federal and state laws and regulations, including, but not limited to, the department’s goal setting methodology as approved by the Federal Highway Administration, the department shall develop a plan by January 1, 2020, to increase by up to 100 percent the dollar value of contracts and procurements awarded to small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. The plan shall include the use of targeted media, including minority and women business enterprises, to outreach to these businesses and shall be provided to the Legislature pursuant to Section 9795.
(Added by Stats. 2017, Ch. 5, Sec. 4. (SB 1) Effective April 28, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14110.2.

14110.2. (a) The department shall collect voluntarily reported data on groups of interest awarded public contracts by the department, including, but not limited to, women, minority, LGBT, and disabled veteran business enterprises.
(b) The department shall report the information collected pursuant to subdivision (a) annually to the Legislature in conformance with Section 9795.
(Added by Stats. 2017, Ch. 95, Sec. 5. (SB 103) Effective July 21, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14110.3.

14110.3. The department shall achieve, at a minimum, an overall rate of 25 percent certified small business participation in state-funded contracts and procurements. For purposes of this section, “small business” has the same meaning as set forth in Section 14837.
(Added by Stats. 2017, Ch. 95, Sec. 6. (SB 103) Effective July 21, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14110.4.

14110.4. (a) Beginning with the 2018–19 fiscal year, the department shall take all lawful and reasonable steps to raise the disparity indices for contracts awarded under the federal Disadvantaged Business Enterprise Program (Part 26 of Title 49 of the Code of Federal Regulations) to 100 for contracts and procurements subject to federal participation requirements, with particular emphasis on those minorities that exhibit substantial disparities with the indices, consistent with federal laws and regulations and subdivision (e) of Section 31 of Article I of the California Constitution.
(b) The department shall implement the recommendations from every disparity study undertaken as part of the federal Disadvantaged Business Enterprise Program (Part 26 of Title 49 of the Code of Federal Regulations), consistent with federal laws and regulations and subdivision (e) of Section 31 of Article I of the California Constitution.
(Added by Stats. 2017, Ch. 95, Sec. 7. (SB 103) Effective July 21, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 1 - General › Section 14110.5.

14110.5. (a) The department shall create a web page on its internet website that contains links to existing registries and databases related to drayage trucks from all of the following sources:
(1) The State Air Resources Board’s online truck reporting systems.
(2) The Port Drayage Truck Registry that is part of the Clean Trucks Program at the Port of Los Angeles and Port of Long Beach.
(3) Data maintained by the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project regarding the recipients of subsidies for the purchase of drayage trucks for operation at ports from that project.
(4) Truck make and model reported pursuant to the South Coast Air Quality Management District Warehouse Indirect Source Rule.
(5) Compliance status of trucks under the Heavy-Duty Vehicle Inspection and Maintenance Program (Chapter 5.5 (commencing with Section 44150) of Part 5 of Division 26 of the Health and Safety Code).
(6) Data made available pursuant to subdivision (b) of this section and Sections 157 and 2810.4 of the Labor Code.
(b) (1) All maritime ports with annual cargo volumes of greater than 1,000,000 20-foot equivalent units shall anonymously survey trucking companies every two years on the number of drivers classified as independent contractors and the number of drivers classified as employee drivers.
(2) Survey data described in paragraph (1) shall be posted on the maritime ports’ internet websites.
(3) Maritime ports subject to this section shall transmit the link to the data collected pursuant to paragraph (1) to the department.
(4) Nothing in this section shall require maritime ports to collect information identifying individual companies or drivers, confidential information, or trade secrets.
(5) Maritime ports shall not condition entry into their facilities on the basis of survey responsiveness or information contained therein.
(Added by Stats. 2022, Ch. 458, Sec. 2. (AB 2057) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2 - Emergencies › Section 14120.

14120. In times of extraordinary stress and of disaster, resulting from storms and floods, the director may declare the existence of an emergency and designate the location, nature, cause, area, and extent of the emergency if in his opinion:
(a) The emergency is a matter of general public and State concern; and
(b) Work and remedial measures are required to immediately avert, alleviate, repair, or restore damage or destruction to property having a general public and State interest and to protect the health, safety, convenience, and welfare of the general public of the State.
(Added by Stats. 1945, Ch. 118.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2 - Emergencies › Section 14121.

14121. The department may perform any work required or take any remedial measures necessary to avert, alleviate, repair, or restore damage or destruction to property as provided in this article.
(Added by Stats. 1945, Ch. 118.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2 - Emergencies › Section 14122.

14122. The director shall transmit any declaration made under this article to the Department of Finance with a recommendation and request that money be allocated from any available money appropriated for that purpose or to meet State emergencies within the meaning of that term as employed in this article, in order to carry out the work and remedial measures required to meet the emergency.
(Added by Stats. 1945, Ch. 118.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2 - Emergencies › Section 14123.

14123. The Director of Finance shall forthwith determine if a state emergency exists, and if money is available in any appropriation or emergency fund for the work and remedial measures. Upon an affirmative finding upon these matters, he shall allocate to the Department of Transportation such amount as, in his opinion, will be required to meet the emergency.
(Amended by Stats. 1980, Ch. 212.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14130.

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.
(Repealed (in Sec. 2) and added by Stats. 1993, Ch. 433, Sec. 3. Effective September 24, 1993. Section operative January 1, 1998, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14131.

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.
(Amended by Stats. 1991, Ch. 313, Sec. 2. Effective August 2, 1991.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14131.1.

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.
(Added by Stats. 1991, Ch. 313, Sec. 3. Effective August 2, 1991.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14131.2.

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.
(Amended by Stats. 1993, Ch. 136, Sec. 1. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14132.

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.
(Amended by Stats. 1993, Ch. 433, Sec. 7. Effective September 24, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14133.

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.
(Amended by Stats. 1992, Ch. 1086, Sec. 3. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14134.

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.
(Amended by Stats. 1991, Ch. 313, Sec. 4. Effective August 2, 1991.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14135.

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.
(Amended by Stats. 1991, Ch. 314, Sec. 6.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 2.5 - Contracts for Professional and Technical Services › Section 14136.

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.
(Added by Stats. 1993, Ch. 433, Sec. 8. Effective September 24, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14150.

14150. When requested in writing by the Federal Highway Administration, the Maritime Commission, the Army, the Air Force, or the Navy, the department and each division thereof may perform any engineering, architectural, construction, maintenance, or mechanical work for, or on behalf of, the United States if such work is to be completely financed by federal funds, except for general administrative expense. The department may enter into agreements with the authorized officials of the United States for the performance of any such work.
Any agreement providing for such work to be done by the Department of General Services, the Department of Water Resources, or the Department of Boating and Waterways shall be subject to the approval of the Department of Finance.
(Amended by Stats. 1980, Ch. 212.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14151.

14151. Any architectural or construction work on buildings shall be limited to projects on property owned or controlled by the State.
(Added by Stats. 1955, Ch. 84.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14152.

14152. In the performance of any such federally financed work the department may adopt any procedure as to the letting of contracts for, the conduct of, or the payment for, the work, that is requested by the authorized agents of the federal agencies designated in Section 14150, or required by federal laws, rules, or regulations. In the absence of any such requirement or request, such work shall be performed pursuant to the laws of this State.
(Added by Stats. 1955, Ch. 84.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14153.

14153. As to such work to be performed by the department, the department and the California Transportation Commission may do any and all things in connection therewith as may be done in connection with state highways and may acquire therefor, pursuant to state law, any necessary real or personal property, or interest therein.
(Amended by Stats. 1980, Ch. 212.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14154.

14154. In addition to the purposes for which money is appropriated to the department or any division thereof, all of such money or so much thereof as may be necessary, is hereby appropriated and may be expended by the department for the performance of such work. Such expenditures shall be limited to those items for which the Government of the United States has agreed to reimburse the State in full, except for general administrative expenses which shall be chargeable to the funds appropriated for the support or administration of the division doing the work. Such expenditures, to the extent to which the United States is obligated to reimburse the State, shall be considered as temporary advancements for the performance of such work and shall not be considered as expenditures of state funds. Such expenditures shall be excluded in making the computations required by Article 2, Chapter 3, Part 1, Division 3 of this title. Money received from the Government of the United States as reimbursements for such expenditures shall be deposited in the State Treasury to the credit of the fund from which the advancements were made.
(Added by Stats. 1955, Ch. 84.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 3 - Contracts for Services With the United States › Section 14155.

14155. “Department,” as used in this article, means the Department of Transportation as to work within its jurisdiction, the Department of Water Resources as to work within its jurisdiction, the Department of Boating and Waterways as to any project under the jurisdiction of that department pursuant to Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code, and the Department of Corrections with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code, and the Department of General Services with respect to the construction, alteration, repair, and improvement of state buildings.
(Amended by Stats. 1981, Ch. 540, Sec. 1. Effective September 17, 1981.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14170.

14170. This article and Chapter 8.5 (commencing with Section 14925) of Part 5. 5 shall be known and may be cited as the Guaranteed Return Trip Demonstration Project.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14171.

14171. The department shall establish and administer the Guaranteed Return Trip Demonstration Project in accordance with this article. The department shall develop standards and guidelines for the demonstration project, including a definition of return trip eligibility, and, upon approval of those standards and guidelines by the director, shall implement the project.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14172.

14172. The department shall publicize the project and solicit proposals for programs designed to provide mass transit and high-occupancy vehicle commuters with transportation to their homes, their personal vehicles, or another agreed upon location in the event of an emergency or specific unforeseen occurrence.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14173.

14173. The department shall prescribe forms to be utilized to apply for a grant to fund a proposed program, and shall adopt regulations prescribing qualifications for eligibility for the award of a grant, and establishing standards for auditing the expenditure of grant funds.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14174.

14174. The Guaranteed Return Trip Fund is hereby created in the State Treasury. An amount not exceeding one hundred fifty thousand dollars ($150,000) for each of the calendar years of 1991 and 1992, is hereby appropriated from the fund for the purpose of making grants pursuant to this article, and for the purposes of Chapter 8.5 (commencing with Section 14925) of Part 5.5, including the costs of the Department of General Services and the Department of Transportation, in administering this article and that Chapter 8.5.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14175.

14175. Grants of not more than five thousand dollars ($5,000) for projects covering a single employer or not more than fifteen thousand dollars ($15,000) for projects covering multiple employers may be made to public and private entities, including, but not limited to, all of the following:
(a) Local governmental entities, including, but not limited to, transit districts.
(b) Transportation management organizations and other associations formed to promote the use of high-occupancy vehicle commuting.
(c) Employers and groups of employers with established transportation management plans.
(d) Nonprofit organizations which provide transportation management services.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 5 - DEPARTMENT OF TRANSPORTATION › CHAPTER 2 - Powers and Duties › ARTICLE 4 - Guaranteed Return Trip Demonstration Project › Section 14176.

14176. (a) A public or private entity may submit to the department a program proposal and an application for a grant to fund the development and initial operation of a proposed program.
(b) To be eligible for funding, a proposed program shall meet all of the following criteria:
(1) Serve regular users of mass transit or high-occupancy vehicle commute modes.
(2) Provide transportation at no cost or at a nominal cost not to exceed the amount normally spent for home-to-work transportation by such means as a taxi, rental car, fleet car, or escort service, to the user’s home or other agreed upon location.
(3) Agree to report to the department, not later than one year after receipt of a grant, regarding the effectiveness of the program, as indicated by:
(A) The number of participants using the guaranteed return trip program.
(B) Whether the program has increased the number of commuters using alternatives to single-occupancy vehicle commuting.
(4) Develop written policies specifying eligibility and procedures for use of the guaranteed return trip option.
(Added by Stats. 1990, Ch. 1653, Sec. 2.)