Today's Law As Amended


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AB-729 Public contracts: transit design-build contracts.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 20209.12 of the Public Contract Code is amended to read:

20209.12.
 Each transit operator that elects to proceed under this article and use the design-build method on a public works project shall prepare and deliver to the Legislative Analyst’s Office within 120 days of the design-build project being put into operation or by December 1, 2015, whichever occurs first, a report containing a description of each public works project financed with public funds, procured through the design-build process, and completed on or before November 1, 2015. However, if a project has been commenced, but not completed on or before November 1, 2015, the transit operator shall complete a report no later than 120 days after completion of the project. The report shall include, but not be limited to, all of the following information:
(a) The type of facility.
(b) The gross square footage of the facility.
(c) The company or contractor who was awarded the project.
(d) The estimated and actual length of time to complete the project.
(e) The findings established pursuant to Section 20133.
(f) Any Labor Code violations discovered during the course of construction or following completion of the project, as well as any fines or penalties assessed.
(g) The estimated and actual project cost.
(h) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the design-build project, including the resolution of the protest.
(i) An assessment of the prequalification process and criteria.
(j) An assessment of the impact of retaining 5 percent retention on the project.
(k) A description of the labor force compliance program and an assessment of the project impact, where required.
(l) A description of the method used to award the contract. If best value was the method, the factors used to evaluate the bid shall be described, including the weighting of each factor and an assessment of the effectiveness of the methodology.
(m) An assessment of the project impact of “skilled labor force availability.”
(n) An assessment of the design-build dollar limits on transit projects. This shall include projects where the transit operator wanted to use design-build and was precluded by the dollar limitation. It shall also include projects where the best value method of awarding contracts was not used, due to dollar limitations.
(o) An assessment of the most appropriate uses for the design-build approach.
(p) Any transit operator that elects not to use the authority granted may also submit a report to the entities named in accordance with the schedule in this section. This report may include an analysis of why the authority granted was not used by the operator.

SEC. 2.

 Section 20209.14 of the Public Contract Code is amended to read:

20209.14.
 This article shall remain in effect only until January 1, 2015, and as of that date is repealed.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.