Code Section Group

Public Utilities Code - PUC

DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716]

  ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. )

CHAPTER 4. Powers and Functions [125200 - 125488]

  ( Chapter 4 added by Stats. 1975, Ch. 1188. )

ARTICLE 2. Contracts [125220 - 125227]
  ( Article 2 added by Stats. 1975, Ch. 1188. )

125220.
  

The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, to contract with a private patrol operator licensed pursuant to Article 4 (commencing with Section 7583) of Chapter 11.5 of Division 3 of the Business and Professions Code, the county sheriff and municipal police departments within the areas described in Section 125052, and other transit development boards for security, police, and related services, and to do all acts necessary and convenient for the full exercise of the powers granted in this division.

(Amended by Stats. 2016, Ch. 325, Sec. 2. (AB 1757) Effective January 1, 2017.)

125221.
  

The district may contract with any department or agency of the federal government, any other public agency, or any person upon such terms and conditions as the district finds is in its best interest.

(Added by renumbering Section 125222 by Stats. 2018, Ch. 554, Sec. 3. (AB 3177) Effective January 1, 2019.)

125222.
  

(a) The Legislature finds and declares that a compelling interest exists in ensuring all federal, state, local, and private moneys available to the district are captured and used in a timely manner.

(b) In order to maximize the use of federal, state, local, and private funds, and to maintain a competitive posture in seeking supplemental federal funds, the board may establish and use a flexible contracting process, consistent with this division, to maximize its efficient use of public funds.

(c) For the acquisition or lease of materials, supplies, or equipment, except in cases where an item of a specified brand or trade name is the only item that will properly meet the needs of the district or in an emergency declared by the vote of two-thirds of all the members of the board, all contracts shall be awarded as follows:

(1) A contract with an expected cost that exceeds one hundred thousand dollars ($100,000), as authorized by the board, shall be made or entered into with the lowest responsible bidder that meets the specifications. For purposes of determining the lowest bid, the amount of sales tax shall be excluded from the total amount of the bid.

(2)  A contract with an expected cost that does not exceed one hundred thousand dollars ($100,000) shall be made or entered into using a district-approved competitive procurement process. When the expected cost of a contract exceeds five thousand dollars ($5,000) and does not exceed one hundred thousand dollars ($100,000), the district shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms.

(d) For the acquisition of services that are not within a category of services described in Section 4525 of the Government Code, except in cases of an emergency declared by a vote of two-thirds of the membership of the board, all contracts shall be awarded as follows:

(1) A contract with an expected cost that exceeds one hundred thousand dollars ($100,000) shall be made and entered into by soliciting bids in writing and awarding the contract using a district-approved competitive procurement process, including, but not limited to, a negotiated procurement that may or may not evaluate price as a consideration.

(2) A contract with an expected cost that does not exceed one hundred thousand dollars ($100,000), shall be made or entered into using a district-approved competitive procurement process. When the expected cost of a service contract exceeds five thousand dollars ($5,000) and does not exceed one hundred thousand dollars ($100,000), the district shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms.

(e) The board shall award contracts for architectural, landscape architectural, engineering, environmental, and land surveying services, and construction project management services, as those services are described in Section 4525 of the Government Code, in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.

(f) Notwithstanding any provision of this chapter, the board may use any approved competitive procurement process authorized for state or local agencies under state or federal law, including, but not limited to, a competitive negotiation process in accordance with Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. The board shall maintain acquisition and contracting guidelines and comply with those guidelines in the procurement of all goods and services.

(g) Provisions that are in a federally funded contract concerning disadvantaged business enterprises and that are in accordance with the request for proposals shall not be subject to negotiation with the successful bidder.

(Added by Stats. 2018, Ch. 554, Sec. 4. (AB 3177) Effective January 1, 2019.)

125222.5.
  

The district shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(a) This subdivision shall not apply if any of the following requirements are met:

(1) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the district has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.

(2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the district before January 1, 2017.

(3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce.

(b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(Added by Stats. 2017, Ch. 658, Sec. 9. (AB 805) Effective January 1, 2018.)

125223.
  

(a) If, after rejecting bids received under Section 125222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the supplies, equipment, or materials may be purchased at a lower price in the open market, the board may proceed to purchase these supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements.

(b) If, after solicitation of bids under Section 125222, the board determines and declares by a majority vote that it has not received a responsive bid, the board may proceed to purchase the supplies, equipment, or materials in the open market without further complying with any contracting, bidding, or advertising requirements.

(Added by renumbering Section 125224 by Stats. 2018, Ch. 554, Sec. 6. (AB 3177) Effective January 1, 2019.)

125224.
  

(a) Upon determining that an immediate remedial measure to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the district is necessary to ensure that the district’s facilities are available to serve the transportation needs of the general public, or to comply with any state or federal regulations with respect to the operation of public transportation services, and upon determining that available remedial measures, including procurement in compliance with Sections 125222 and 125223, are inadequate, the executive director may authorize the expenditure of moneys previously appropriated by the board specifically for the direct purchase of goods and services, without complying with Section 125222 or 125223.

(b) The executive director, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action.

(Added by Stats. 2018, Ch. 554, Sec. 7. (AB 3177) Effective January 1, 2019.)

125225.
  

Notwithstanding any other provision of this article, and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 125222 and 125223 does not constitute a method of procurement adequate for the operation of the district’s facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further compliance with any contracting, bidding, or advertising requirements.

(Added by Stats. 2018, Ch. 554, Sec. 8. (AB 3177) Effective January 1, 2019.)

125225.1.
  

Notwithstanding Section 125222, the board may direct the purchase of any supplies, equipment, or materials without complying with any contracting, bidding, or advertising requirements upon a finding by two-thirds of all members of the board that there is only a single source of procurement and that the purchase is for the sole purpose of duplicating, repairing, or replacing supplies, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property.

(Added by Stats. 2018, Ch. 554, Sec. 9. (AB 3177) Effective January 1, 2019.)

125225.2.
  

(a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted pursuant to Sections 125222 and 125223 as follows:

(1) Protests based on the content of the procurement solicitation shall be filed with the district within 10 calendar days after the procurement solicitation is first advertised.  The executive director, or the designee of the executive director, shall issue a written decision on the protest prior to the opening of the procurement solicitation.  A protest may be renewed by refiling the protest with the board within 15 calendar days after the posting of the notice of the intent to award.

(2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the district within 15 calendar days after the posting of the notice of the intent to award. The executive director, or the designee of the executive director, shall issue a written decision on the protest.

(3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of the procurement solicitation in the case of protests based on the content of the procurement solicitation or renewed protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds.

(b) The decision on the protest by the board shall be in writing and shall constitute a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure.

(Added by Stats. 2018, Ch. 554, Sec. 10. (AB 3177) Effective January 1, 2019.)

125226.
  

The district may insure against any accident or destruction of the system or any part thereof. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.

(Amended by Stats. 2005, Ch. 150, Sec. 14. Effective January 1, 2006.)

125227.
  

The district may contract for the services of independent contractors.

(Amended by Stats. 2005, Ch. 150, Sec. 15. Effective January 1, 2006.)

PUCPublic Utilities Code - PUC2