Department of Water Resources: Procurement Methods.

Existing law authorizes the Department of Transportation, regional transportation agencies, and the San Diego Association of Governments to engage in a Construction Manager/General Contractor project delivery method (CM/GC method) for specified public work projects. This bill would, until January 1, 2033, authorize the Department of Water Resources to utilize the CM/GC method, as specified, for no more than 7 projects for elements of State Water Facilities, as defined. The bill would require the Department of Water Resources, on all projects delivered by the department, to use department employees or consultants under contract with the department to perform all project design and engineering services related to design, and construction inspection services, required for the CM/GC method consistent with specified existing law. The bill would specify that the CM/GC method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. This bill would prohibit the use of the CM/GC method of procurement for the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta. The bill would require specified information provided to the Department of Water Resources to be verified under oath, thus imposing a state-mandated local program by expanding the scope of an existing crime. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each CM/GC project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and specified local agencies to use the design-build procurement process for specified public works. Existing law authorizes the Department of Water Resources to use the design-build procurement process only for those projects at the Salton Sea. This bill would revise and recast the provisions applicable to the Department of Water Resources and would remove the limitation on the Department of Water Resources' authority to use the design-build method to only those projects at the Salton Sea, and would instead allow the Department of Water Resources, until January 1, 2033, to utilize the design-build method for no more than 7 projects, as specified. The bill would require specified information provided to the Department of Water Resources to be certified under penalty of perjury, thus imposing a state-mandated local program by expanding the scope of an existing crime. Existing law requires agencies authorized to use the design-build method of project delivery to notify the State Public Works Board before advertising the design-build project, except that for projects at the Salton Sea, the Director of Water Resources is required to notify the California Water Commission. This bill would revise and recast the provisions applicable to the Department of Water Resources and would exclude construction projects undertaken by the Department of Water Resources pursuant to its authority under the federal Central Valley Project from the requirement that the Director of Water Resources provide notification to another entity. The bill would specify that the design-build method authorized by these provisions does not include the authority to perform construction inspection services for water resources projects, except as provided. The bill would require the Department of Water Resources to prepare and submit to the Legislature an interim report that describes each design-build project approved under these provisions no later than July 1, 2025, as provided, and would require the Department of Water Resources to submit a final report providing specified data by July 1, 2028. This bill would require the Department of Water Resources, through the calendar year 2033, to provide to the Legislature by August 1 of each year, and to post on the department's internet website, a detailed accounting of the public works project undertaken by the department, as prescribed. Among other things, the accounting would be required to specify the total number of state-employed staff, including engineers and related positions, utilized by the department to design, inspect, and manage the project, the total number of consultant personnel utilized to design, construct, and manage the project, and a list of department contracts issued for a project, as described. This bill would, until January 1, 2033, require the Department of Water Resources to perform construction inspection services, as specified, for all water resources projects authorized pursuant to specified provisions. The bill would require the department to use employees or consultants under contract with the department and would require the construction inspection duties and responsibilities of the department to include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The bill would require the department to retain the authority to stop the contractor's operation wholly or in part and take appropriate action when public safety is jeopardized on specified water resources-related projects. The bill would require the department to ensure that public safety and convenience is maintained, to regularly inspect the job site, and to document and issue written notice if any deficiency is observed. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.