BILL NUMBER: AB 904	CHAPTERED  07/13/99

	CHAPTER   109
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   MAY 17, 1999
	AMENDED IN ASSEMBLY   APRIL 29, 1999

INTRODUCED BY   Assembly Member Alquist

                        FEBRUARY 25, 1999

   An act to add Section 20301.5 to the Public Contract Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 904, Alquist.  Transportation:  Santa Clara County Transit
District:  contracting.
   Existing law requires the contracts of the Santa Clara County
Transit District for the purchase of supplies, equipment, and
materials for amounts greater than $25,000 to be let to the lowest
responsible bidder, except for purchase contracts for certain
electronic equipment and specialized rail transit equipment, which
may be awarded by a specified competitive negotiation process.
   This bill would authorize the district to let a design-and-build
contract, as defined, for any project for a transit center or
station, transit park-and-ride lot, bus and light rail maintenance
facility, or administrative office building, or any combination of
those, upon approval by the board of directors of the district, and
as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  20301.5 is added to the Public Contract Code, to read:

   20301.5.  (a) Notwithstanding Section 20301, the district may let
a design-and-build contract for any project for a transit center or
station, transit park-and-ride lot, bus and light rail maintenance
facility, or administrative office building, or any combination of
those, upon approval by the board of directors.
   (b) (1) If the board of directors elects to proceed under
subdivision (a), before entering into any contract that requires
advertising for bids for a project, the board shall cause to be
prepared estimates, and shall prepare documents, for the solicitation
of bids on a design-and-build basis.
   (2) For the purposes of this section, "design and build" means a
method of procuring design and construction from a single source.
The selection of the single source shall occur before the development
of complete plans and specifications.
   (c) The request for submission of bids shall include all of the
following:
   (1) A clear, precise description of the services to be provided
and work to be performed.
   (2) A description of the format that submittals shall follow and
the elements they shall contain, including the qualifications and
relevant experience of the design professional and the contractor,
and the criteria that shall be used in evaluating the submittal,
including the bid price.
   (3) A requirement that bidders submit their proposals with the
construction bid price and all cost information in a separate sealed
envelope.
   (4) The date on which the submittals are due, and the timetable
that will be used in reviewing and evaluating the submittals.
   (d) All submittals received prior to the closing time stated in
the request for submittal shall be reviewed to determine those that
meet the format requirements and the standards specified in the
request for submittal.
   (e) The contract shall be awarded to the lowest responsible bidder
meeting the standards of the request for submittal.
   (f) For the purposes of this section, selections of design
professionals shall meet the standards set forth in Chapter 10
(commencing with Section 4525) of Division 5 of Title 1 of the
Government Code.
   (g) This section shall apply only to a project that is under the
supervision of a licensed general building contractor, as defined in
Section 7057 of the Business and Professions Code.