BILL NUMBER: AB 729 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Evans
FEBRUARY 26, 2009
An act to amend Section 20209.14 Sections
20209.12 and 20209.14 of the Public Contract Code, relating to
public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 729, as amended, Evans. Public contracts: transit design-build
contracts.
Existing law authorizes transit operators to enter into a
design-build contract, as defined, according to specified procedures.
Existing law requires a transit operator that uses the
design-build process to report to the Legislative Analyst on each
public works project procured through the design-build process within
120 days of the design-build project being put into operation or by
December 1, 2005, whichever occurs first. Existing law requires
certain information submitted under these the
design-build provisions to be submitted under penalty of
perjury. Existing law repeals these provisions on January 1, 2011.
This bill would instead repeal these provisions on January 1,
2015. The bill would require a transit operator that uses the
design-build process to report to the Legislative Analyst on each
public works project procured through the design-build process within
120 days of the design-build project being put into operation or by
December 1, 2015, whichever occurs first. Because the bill
would expand the crime of perjury, it would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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, 2005 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, 2005
2015 . However, if a project has been commenced,
but not completed on or before November 1, 2005
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.
() 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.
SECTION 1. 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. 2. 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.