BILL NUMBER: AB 755	CHAPTERED  08/30/99

	CHAPTER   258
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	PASSED THE ASSEMBLY   MAY 10, 1999

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 24, 1999

   An act to amend Section 20133 of the Public Contract Code,
relating to public works contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 755, Corbett.  Public works contracts:  County of Alameda.
   The Local Agency Public Construction Act establishes procedures
for bidding and awarding of contracts by counties.  Certain counties,
including the County of Alameda, may follow alternative procedures
for projects that do not exceed $50,000,000.
   This bill would provide that, notwithstanding the $50,000,000
limitation, the County of Alameda is authorized to award a contract
in excess of $50,000,000 for the design and construction of the
Alameda County Juvenile Justice Complex.


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


  SECTION 1.  Section 20133 of the Public Contract Code is amended to
read:
   20133.  (a) This section provides an alternative and optional
procedure on bidding on building construction projects applicable
only in the Counties of Alameda, Sacramento, Santa Clara, Solano, and
Tulare, upon the approval of the appropriate board of supervisors.
   (b) (1) If a board of supervisors elects to proceed under this
section, it shall, before entering into any contract requiring
advertising for bids for a project, cause to be prepared estimates,
and 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 occurs before the development of
complete plans and specifications.
   (c) The request for submittals 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) The date on which the submittals are due, and the timetable
that will be used in reviewing and evaluating the submittals.
   (d) In addition to the information required in paragraph (2) of
subdivision (c), bidders shall submit their proposals with the
construction bid price and all cost information in a separate sealed
envelope.
   (e) 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.
   (f) The contract shall be awarded to the lowest responsible bidder
meeting the standards of the request for submittal.
   (g) For the purposes of this section, selections of design
professionals shall meet the standards of Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.
   (h) Each county utilizing the procedures set forth in this section
shall file, on or before September 1, 1998, and again on or before
September 1, 2000, with the Committees on Local Government of the
Senate and the Assembly, a report containing the following
information:
   (1) A description of each project procured through the design and
build process authorized by this section, including but not limited
to, all of the following:
   (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 estimated and actual project cost.
   (F) A description of the relative merits of projects authorized
pursuant to this section and similar projects procured pursuant to
existing requirements of this code.
   (G) A description of any written protest concerning any aspect of
the solicitation, bid, proposal, or award of projects pursuant to
this section, including the resolution of the project.
   (2) Other pertinent information that each county believes is
instructive in evaluating whether the method of procurement should be
continued or expanded, or both.
   (i) This section shall be applicable only to any project for which
the costs specified in any contract awarded pursuant to this section
do not exceed fifty million dollars ($50,000,000).
   (j) Notwithstanding subdivision (i), the County of Alameda may
award a contract in excess of fifty million dollars ($50,000,000) for
the design and construction of the Alameda County Juvenile Justice
Complex.
   (k) Contracts awarded pursuant to this section shall be valid
until the project is completed, within the period specified in the
contract entered into by the county prior to January 1, 2001.
   (l) This section shall be applicable only to a project that is
under the supervision of a licensed general building contractor
within the meaning of Section 7057 of the Business and Professions
Code.
   (m) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2001, deletes or
extends that date.