BILL NUMBER: SB 43 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 14, 2009
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE MAY 19, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Alquist
(Principal coauthor: Assembly Member Torrico)
( Coauthors: Assembly Members
Beall and Coto )
JANUARY 6, 2009
An act to add Section 6532 to the Government Code, relating to
joint powers agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 43, as amended, Alquist. Joint powers agencies: City of Santa
Clara.
Under existing law, 2 or more public agencies may enter into an
agreement to jointly exercise any power common to the contracting
parties, as specified.
This bill would authorize a joint powers agency , that
includes the City of Santa Clara and the Redevelopment Agency of the
City of Santa Clara formed to construct, operate, or maintain a
stadium for use by a professional football team , to let a
design-build contract without utilizing the competitive bid process
for the stadium construction project, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6532 is added to the Government Code, to read:
6532. (a) The Legislature finds and declares that it is in the
best interest of the communities located within the City of Santa
Clara that a joint powers agency that includes the City of Santa
Clara and the Redevelopment Agency of the City of Santa Clara formed
to construct, operate, or maintain a stadium for use by a
professional football team be authorized to let a sole source
contract for the stadium construction project to a qualified
design-build contractor. This authorization may enable that joint
powers agency to prevent cost overruns, improve efficiency, and
benefit from specialized expertise.
(b) Notwithstanding any other provision of law, and subject to
subdivision (c), a joint powers agency including the City of Santa
Clara and the Redevelopment Agency of the City of Santa Clara formed
to construct, operate, or maintain a stadium for use by a
professional football team may award a design-build contract related
to that stadium to a qualified design-build contractor without
utilizing an otherwise applicable competitive bid process, provided
that the governing body of the joint powers agency determines that
the cost of the contract is reasonable and that award of the contract
without utilizing the competitive bid process is in the best
interest of the joint powers agency.
(c) A joint powers agency that includes the City of Santa Clara
and the Redevelopment Agency of the City of Santa Clara shall not
award a design-build contract pursuant to subdivision (b) unless all
of the following conditions are met:
(1) The design-build contract does not require expenditure of
money from the general fund of the City of Santa Clara.
(2) The obligation of the Redevelopment Agency of the City of
Santa Clara to contribute funding toward amounts due under the
design-build contract is limited to a specified maximum amount,
provided that the specified maximum amount need not apply to debt
service and other financing costs.
(3) A private party will be responsible for any construction cost
overruns.
(d) A joint powers agency awarding a design-build contract
pursuant to this section shall require that subcontract work be
awarded through a competitive process established by the joint powers
agency.
(e) Notwithstanding Section 3248 of the Civil Code, for
design-build contracts awarded pursuant to this section, the joint
powers agency may specify that the payment bond shall be in a sum not
less than one-half of the contract price or three hundred million
dollars ($300,000,000), whichever is less.
(f) Each joint powers agency that elects to proceed under this
section and uses the design-build method to construct, operate, or
maintain a stadium for use by a professional football team shall
submit to the Legislative Analyst's Office, before December 1, 2014,
a report containing a description of each project procured through
the design-build process after January 1, 2010, and before November
1, 2014. The report shall include, but shall not be limited to, all
of the following information:
(1) The type of project.
(2) The gross square footage of the project.
(3) The design-build entity that was awarded the project.
(4) Where appropriate, the estimated and actual length of time to
complete the project.
(5) The estimated and actual project costs.
(6) 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 protests.
(7) An assessment of the prequalification process and criteria.
(8) An assessment of the effect of retaining 5-percent retention
on the project.
(9) A description of the labor force compliance program, as
defined in Section 20133 of the Public Contract Code, and an
assessment of the project impact, where required.
(10) A description of the method used to award the contract. If
best value, as defined in Section 20133 of the Public Contract Code,
was the method, the report shall describe the factors used to
evaluate the bid, including the weighting of each factor and an
assessment of the effectiveness of the methodology.
(11) An assessment of the project impact of skilled labor force
availability, as defined in Section 20133 of the Public Contract
Code.
(12) An assessment of the design-build dollar limits on the joint
powers agency's projects. This assessment shall include projects
where the agency wanted to use the design-build method but was
precluded by the dollar limitation. This assessment shall also
include projects where the best value method was not used due to
dollar limitations.
(13) An assessment of the most appropriate uses for the
design-build method.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which that adds Section 6532 to
the Government Code, is a special law which is necessary because a
general law cannot be made applicable within the meaning of Section
16 of Article IV of the California Constitution because of the unique
circumstances of the City of Santa Clara. In that respect, the City
of Santa Clara needs to address the unemployment rate in and around
the City of Santa Clara and the San Francisco Bay Area
area .