20120. This article applies to public works contracts awarded by
counties subject to Title 3 (commencing with Section 23000) of the
Government Code. For purposes of this article, the population of a
county shall be the most recent estimate determined by the Population
Research Unit of the Department of Finance.
20121. Whenever the estimated cost of construction of any wharf,
chute, or other shipping facility, or of any hospital, almshouse,
courthouse, jail, historical museum, aquarium, county free library
building, branch library building, art gallery, art institute,
exposition building, stadium, coliseum, sports arena or sports
pavilion or other building for holding sports events, athletic
contests, contests of skill, exhibitions, spectacles and other public
meetings, or other public building or the cost of any painting, or
repairs thereto exceeds the sum of four thousand dollars ($4,000),
inclusive of the estimated costs of materials or supplies to be
furnished pursuant to Section 20131, the work shall be done by
contract. Any such contract not let pursuant to this article is void.
20121.1. Notwithstanding Section 20121, a county board of
supervisors need not contract for grading, drainage, pipe laying,
fencing, landscaping, instrument installation, and similar
construction and repair work necessary to maintain day-to-day
landfill operations.
20122. In counties containing a population of 500,000 or over, the
work referred to in Section 20121 need not be done by contract if the
estimated cost thereof is less than six thousand five hundred
dollars ($6,500), exclusive of the estimated cost of materials or
supplies to be furnished pursuant to Section 20133.
20123. In counties containing a population of 2,000,000 or over, as
determined by the last federal or special census or subsequent
estimate validated by the Population Research Unit of the Department
of Finance, Sections 20121 and 20122 do not apply to alteration or
repair work upon county-owned buildings, if the cost of the work is
under fifty thousand dollars ($50,000).
20123.5. In any county, it is unlawful to split or separate into
smaller work orders or projects any public work project for the
purpose of evading the provisions of this article requiring public
work to be done by contract after competitive bidding. Every person
who willfully violates the provisions of this section is guilty of a
misdemeanor.
20124. The board of supervisors shall adopt plans, specifications,
strain sheets, and working details for the work.
20125. The board shall cause an advertisement for bids for the
performance of the work to be published pursuant to Section 6062 of
the Government Code in a daily newspaper, or pursuant to Section 6066
of the Government Code in a weekly newspaper, of general circulation
published in the county. If there is no such newspaper published in
the county, the notice shall be given by posting in three public
places for at least two weeks.
20126. Any notice inviting bids which specifies locations of
possible materials, such as a borrow pit or gravel bed, for use in
the proposed construction project which would be subject to Section
1602 of the Fish and Game Code shall include any conditions or
modifications established pursuant to Section 1603 of the Fish and
Game Code.
20127. All bidders shall be afforded opportunity to examine the
plans, specifications, strain sheets, and working details.
20128. The board shall award the contract to the lowest responsible
bidder, and the person to whom the contract is awarded shall perform
the work in accordance with the plans, specifications, strain
sheets, and working details, unless the contract is modified by a
four-fifths vote of the board.
20128.5. Notwithstanding any other provisions of this article, the
board of supervisors may award individual annual contracts, none of
which shall exceed three million dollars ($3,000,000), adjusted
annually to reflect the percentage change in the California Consumer
Price Index, for repair, remodeling, or other repetitive work to be
done according to unit prices. No annual contracts may be awarded for
any new construction. The contracts shall be awarded to the lowest
responsible bidder and shall be based on plans and specifications for
typical work. No project shall be performed under the contract
except by order of the board of supervisors, or an officer acting
pursuant to Section 20145.
For purposes of this section, "unit price" means the amount paid
for a single unit of an item of work, and "typical work" means a work
description applicable universally or applicable to a large number
of individual projects, as distinguished from work specifically
described with respect to an individual project.
For purposes of this section, "repair, remodeling, or other
repetitive work to be done according to unit prices" shall not
include design or contract drawings.
20129. (a) All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(1) Cash.
(2) A cashier's check made payable to the county.
(3) A certified check made payable to the county.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the county.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the county beyond 60
days from the time the award is made.
(b) The person to whom the contract is awarded shall execute a
bond to be approved by the board for the faithful performance of the
contract.
20130. If the board of supervisors is advised by the county
surveyor or engineer that any wharf, chute, or other shipping
facility can be constructed or repaired for a sum less than the
lowest responsible bid, it may reject all bids and order the work
done by day's work under the supervision and direction of the
surveyor or engineer.
20131. Counties which employ purchasing agents may:
(a) Authorize the agent to employ state-licensed independent
contractors and purchase materials, furnishings, and supplies used in
the construction or repair of public works estimated as costing not
more than six thousand five hundred dollars ($6,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(b) In counties containing a population of 500,000 or more,
authorize the agent to purchase materials and supplies used in the
construction or repair of public works estimated as costing not more
than three thousand five hundred dollars ($3,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(c) Authorize the agent to purchase or contract for medical or
surgical equipment or supplies, or for professional services, for a
county hospital without competitive bidding, so long as an
appropriation for the costs of those purchases or contracts is
included in the county budget.
As used in this subdivision, "medical or surgical equipment or
supplies" means only equipment or supplies commonly, necessarily, and
directly used by or under the direction of a physician and surgeon
in caring for or treating a patient in a hospital.
20132. The board of supervisors of any county may delegate to the
county administrative officer or the county executive officer in an
equivalent position, the power to enter into and execute on behalf of
the county any contracts, which do not involve the expenditure of
more than five thousand dollars ($5,000), which relate to purposes
previously approved and budgeted by the board of supervisors, subject
to ratification of such approval and execution by the board of
supervisors. This section shall not apply to:
(a) Matters within the purview of Section 20131.
(b) Contracts for the construction of public improvements.
(c) Contracts which must be awarded after public notice and
competitive bidding.
20133. (a) A county, with approval of the board of supervisors,
may utilize an alternative procedure for bidding on construction
projects in the county in excess of two million five hundred thousand
dollars ($2,500,000) and may award the project using either the
lowest responsible bidder or by best value.
(b) (1) It is the intent of the Legislature to enable counties to
utilize design-build for buildings and county sanitation wastewater
treatment facilities. It is not the intent of the Legislature to
authorize this procedure for other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructures.
(2) The Legislature also finds and declares that utilizing a
design-build contract requires a clear understanding of the roles and
responsibilities of each participant in the design-build process.
(3) (A) For contracts awarded prior to either the effective date
of regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code or
the fees established by the department pursuant to subparagraph (B),
if the board of supervisors elects to proceed under this section, the
board of supervisors shall establish and enforce for design-build
projects a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code, or it shall contract
with a third party to operate a labor compliance program containing
the requirements outlined in Section 1771.5 of the Labor Code. This
requirement shall not apply to any project where the county or the
design-build entity has entered into any collective bargaining
agreement or agreements that bind all of the contractors performing
work on the projects.
(B) For contracts awarded on or after both the effective date of
regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this subparagraph,
the board of supervisors shall pay a fee to the department, in an
amount that the department shall establish, and as it may from time
to time amend, sufficient to support the department's costs in
ensuring compliance with and enforcing prevailing wage requirements
on the project, and labor compliance enforcement as set forth in
subdivision (b) of Section 1771.55. All fees collected pursuant to
this paragraph shall be deposited in the State Public Works
Enforcement Fund created by Section 1771.3 of the Labor Code, and
shall be used only for enforcement of prevailing wages requirements
on those projects.
(C) The Department of Industrial Relations may waive the fee set
forth in subparagraph (B) if the board of supervisors has previously
been granted approval by the director to initiate and operate a labor
compliance program on its projects and requests to continue to
operate that labor compliance program on its projects in lieu of
labor compliance by the department pursuant to subdivision (b) of
Section 1771.55. The fee shall not be waived for the board of
supervisors if it contracts with a third party to initiate and
enforce labor compliance programs on its projects.
(c) As used in this section:
(1) "Best value" means a value determined by objective criteria
related to price, features, functions, and life-cycle costs.
(2) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
(3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(4) "Project" means the construction of a building and
improvements directly related to the construction of a building, and
county sanitation wastewater treatment facilities, but does not
include the construction of other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructure.
(d) Design-build projects shall progress in a four-step process,
as follows:
(1) (A) The county shall prepare a set of documents setting forth
the scope of the project. The documents may include, but are not
limited to, the size, type, and desired design character of the
public improvement, performance specifications covering the quality
of materials, equipment, and workmanship, preliminary plans or
building layouts, or any other information deemed necessary to
describe adequately the county's needs. The performance
specifications and any plans shall be prepared by a design
professional who is duly licensed and registered in California.
(B) Any architect or engineer retained by the county to assist in
the development of the project specific documents shall not be
eligible to participate in the preparation of a bid with any
design-build entity for that project.
(2) (A) Based on the documents prepared in paragraph (1), the
county shall prepare a request for proposals that invites interested
parties to submit competitive sealed proposals in the manner
prescribed by the county. The request for proposals shall include,
but is not limited to, the following elements:
(i) Identification of the basic scope and needs of the project or
contract, the expected cost range, and other information deemed
necessary by the county to inform interested parties of the
contracting opportunity, to include the methodology that will be used
by the county to evaluate proposals and specifically if the contract
will be awarded to the lowest responsible bidder.
(ii) Significant objective factors that the county reasonably
expects to consider in evaluating proposals, including cost or price
and all nonprice related factors.
(iii) The relative importance of weight assigned to each of the
factors identified in the request for proposals.
(B) With respect to clause (iii) of subparagraph (A), if a
nonweighted system is used, the agency shall specifically disclose
whether all evaluation factors other than cost or price when combined
are:
(i) Significantly more important than cost or price.
(ii) Approximately equal in importance to cost or price.
(iii) Significantly less important than cost or price.
(C) If the county chooses to reserve the right to hold discussions
or negotiations with responsive bidders, it shall so specify in the
request for proposal and shall publish separately or incorporate into
the request for proposal applicable rules and procedures to be
observed by the county to ensure that any discussions or negotiations
are conducted in good faith.
(3) (A) The county shall establish a procedure to prequalify
design-build entities using a standard questionnaire developed by the
county. In preparing the questionnaire, the county shall consult
with the construction industry, including representatives of the
building trades and surety industry. This questionnaire shall require
information including, but not limited to, all of the following:
(i) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members known at the time of bid
submission who will participate in the design-build contract,
including, but not limited to, mechanical subcontractors.
(ii) Evidence that the members of the design-build entity have
completed, or demonstrated the experience, competency, capability,
and capacity to complete, projects of similar size, scope, or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project, as well as a financial statement
that assures the county that the design-build entity has the capacity
to complete the project.
(iii) The licenses, registration, and credentials required to
design and construct the project, including information on the
revocation or suspension of any license, credential, or registration.
(iv) Evidence that establishes that the design-build entity has
the capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance.
(v) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973, contained in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code, or
the federal Occupational Safety and Health Act of 1970 (P.L. 91-596),
settled against any member of the design-build entity, and
information concerning workers' compensation experience history and
worker safety program.
(vi) Information concerning any debarment, disqualification, or
removal from a federal, state, or local government public works
project. Any instance in which an entity, its owners, officers, or
managing employees submitted a bid on a public works project and were
found to be nonresponsive, or were found by an awarding body not to
be a responsible bidder.
(vii) Any instance in which the entity, or its owners, officers,
or managing employees, defaulted on a construction contract.
(viii) Any violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contributions Act (FICA; 26 U.S.C. Sec. 3101 et
seq.) withholding requirements settled against any member of the
design-build entity.
(ix) Information concerning the bankruptcy or receivership of any
member of the design-build entity, including information concerning
any work completed by a surety.
(x) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five years preceding
submission of a bid pursuant to this section, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed by a
surety during this period.
(xi) In the case of a partnership or an association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the design-build
contract.
(xii) (I) Any instance in which the entity, or any of its members,
owners, officers, or managing employees was, during the five years
preceding submission of a bid pursuant to this section, determined by
a court of competent jurisdiction to have submitted, or legally
admitted for purposes of a criminal plea to have submitted either of
the following:
(ia) Any claim to any public agency or official in violation of
the federal False Claims Act (31 U.S.C. Sec. 3729 et seq.).
(ib) Any claim to any public official in violation of the
California False Claims Act (Article 9 (commencing with Section
12650) of Chapter 6 of Part 2 of Division 3 of the Government Code).
(II) Information provided pursuant to this subdivision shall
include the name and number of any case filed, the court in which it
was filed, and the date on which it was filed. The entity may also
provide further information regarding any such instance, including
any mitigating or extenuating circumstances that the entity wishes
the county to consider.
(B) The information required pursuant to this subdivision shall be
verified under oath by the entity and its members in the manner in
which civil pleadings in civil actions are verified. Information that
is not a public record pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) shall not be open to public inspection.
(4) The county shall establish a procedure for final selection of
the design-build entity. Selection shall be based on either of the
following criteria:
(A) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Awards shall be made to the
lowest responsible bidder.
(B) A county may use a design-build competition based upon best
value and other criteria set forth in paragraph (2). The design-build
competition shall include the following elements:
(i) Competitive proposals shall be evaluated by using only the
criteria and selection procedures specifically identified in the
request for proposal. However, the following minimum factors shall
each represent at least 10 percent of the total weight of
consideration given to all criteria factors: price, technical design,
and construction expertise, life cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
(ii) Once the evaluation is complete, the top three responsive
bidders shall be ranked sequentially from the most advantageous to
the least.
(iii) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing, to be the most
advantageous.
(iv) Notwithstanding any provision of this code, upon issuance of
a contract award, the county shall publicly announce its award,
identifying the contractor to whom the award is made, along with a
written decision supporting its contract award and stating the basis
of the award. The notice of award shall also include the county's
second and third ranked design-build entities.
(v) For purposes of this paragraph, "skilled labor force
availability" shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the California
Apprenticeship Council, which has graduated apprentices in each of
the preceding five years. This graduation requirement shall not apply
to programs providing apprenticeship training for any craft that has
been deemed by the Department of Labor and the Department of
Industrial Relations to be an apprenticeable craft in the five years
prior to enactment of this act.
(vi) For purposes of this paragraph, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury/illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
(e) (1) Any design-build entity that is selected to design and
build a project pursuant to this section shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omission insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This section does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
(2) Any payment or performance bond written for the purposes of
this section shall be written using a bond form developed by the
county.
(f) All subcontractors that were not listed by the design-build
entity in accordance with clause (i) of subparagraph (A) of paragraph
(3) of subdivision (d) shall be awarded by the design-build entity
in accordance with the design-build process set forth by the county
in the design-build package. All subcontractors bidding on contracts
pursuant to this section shall be afforded the protections contained
in Chapter 4 (commencing with Section 4100) of Part 1. The
design-build entity shall do both of the following:
(1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county.
(2) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with the procedure established pursuant
to this section.
(g) Lists of subcontractors, bidders, and bid awards relating to
the project shall be submitted by the design-build entity to the
awarding body within 14 days of the award. These documents are deemed
to be public records and shall be available for public inspection
pursuant to this chapter and Article 1 (commencing with Section 6250)
of Chapter 3.5 of Division 7 of the Government Code.
(h) The minimum performance criteria and design standards
established pursuant to paragraph (1) of subdivision (d) shall be
adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the county.
(i) The county may retain the services of a design professional or
construction project manager, or both, throughout the course of the
project in order to ensure compliance with this section.
(j) Contracts awarded pursuant to this section shall be valid
until the project is completed.
(k) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available at law.
(l) (1) If the county elects to award a project pursuant to this
section, retention proceeds withheld by the county from the
design-build entity shall not exceed 5 percent if a performance and
payment bond, issued by an admitted surety insurer, is required in
the solicitation of bids.
(2) In a contract between the design-build entity and the
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the county and the design-build entity. If the design-build
entity provides written notice to any subcontractor who is not a
member of the design-build entity, prior to or at the time the bid is
requested, that a bond may be required and the subcontractor
subsequently is unable or refuses to furnish a bond to the
design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the county and the design-build entity from any
payment made by the design-build entity to the subcontractor.
(m) Each county that elects to proceed under this section and uses
the design-build method on a public works project shall submit to
the Legislative Analyst's Office before September 1, 2013, a report
containing a description of each public works project procured
through the design-build process and completed after November 1,
2009, and before August 1, 2013. 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) The estimated and actual length of time to complete the
project.
(5) The estimated and actual project costs.
(6) Whether the project was met or altered.
(7) The number and amount of project change orders.
(8) 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.
(9) An assessment of the prequalification process and criteria.
(10) An assessment of the effect of retaining 5 percent retention
on the project.
(11) A description of the Labor Force Compliance Program and an
assessment of the project impact, where required.
(12) A description of the method used to award the contract. If
best value 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.
(13) An assessment of the project impact of "skilled labor force
availability."
(14) An assessment of the design-build dollar limits on county
projects. This assessment shall include projects where the county
wanted to use design-build and was precluded by the dollar
limitation. This assessment shall also include projects where the
best value method was not used due to dollar limitations.
(15) An assessment of the most appropriate uses for the
design-build approach.
(n) Any county that elects not to use the authority granted by
this section may submit a report to the Legislative Analyst's Office
explaining why the county elected not to use the design-build method.
(o) On or before January 1, 2014, the Legislative Analyst shall
report to the Legislature on the use of the design-build method by
counties pursuant to this section, including the information listed
in subdivision (m) and (p). The report may include recommendations
for modifying or extending this section.
(p) The Legislative Analyst shall complete a fact-based analysis
of the use of the design-build method by counties pursuant to this
section, utilizing the information provided pursuant to subdivision
(m) and any independent information provided by the public or
interested parties. The Legislative Analyst shall select a
representative sample of projects under this section and review
available public records and reports, media reports, and related
information in its analysis. The Legislative Analyst shall compile
the information required to be analyzed pursuant to this subdivision
into a report, which shall be provided to the Legislature. The report
shall include conclusions describing the actual cost of projects
procured pursuant to this section, whether the project schedule was
met or altered, and whether projects needed or used project change
orders.
(q) Except as provided in this section, this act shall not be
construed to affect the application of any other law.
(r) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20135. The plans and specifications adopted by the board for the
erection, alteration, construction, or repair of any public building
or other public structure shall not be altered or changed in any
manner which increases its cost, except by a vote of two-thirds of
the members of the board of supervisors.
20136. Whenever the board enters into a contract for the erection,
construction, alteration, or repair of any public building or other
structure, the contract shall not be altered or changed in any
manner, except:
(a) As provided in Section 20142.
(b) As provided for in the contract itself, or specifications.
(c) By order adopted by a vote of two-thirds of the board, and the
consent of the contractor.
20137. If any change or alteration of the contract is ordered, it
shall be specified in writing by a duly authorized officer of the
county. The cost of such change or alteration must be agreed upon
between the board and the contractor unless the contract includes a
provision to determine a fair and equitable price for the change or
alteration. Such a provision may provide for any method of
determining the price common in commercial transactions, including,
but not limited to, arbitration or cost plus a fixed fee. If the cost
so agreed upon:
(a) Does not exceed the amounts specified in Sections 20121 and
21031, or
(b) Does not exceed 10 percent of the original contract price, the
board may authorize the contractor to proceed with the change or
alteration without the formality of obtaining bids therefor.
No change or alteration shall be authorized the amount of which is
within the limitation specified in subdivision (b) and in excess of
the limitation specified in subdivision (a) except by four-fifths
vote of the board.
20138. If the cost of the work is reduced by reason of any
modification of the contract, compensation shall be made to the
county therefor.
20139. The board shall not pay or become liable for any extra work
done on, or extra material furnished for, any building or structure
in the course of performance of a contract let pursuant to this
article except in accordance with Section 20142, unless the contract
specifically provides for such payment or the contract is changed or
modified in the manner provided for in this article.
20140. The method of payment for construction contracts shall be
determined by the board, including progress payments for completed
portions of the work and for materials delivered on the ground or
stored subject to the control of the board and unused.
20141. The provisions of this article shall not apply to the
construction of any public building used for facilities of juvenile
forestry camps or juvenile homes, ranches or camps established under
Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, if a major portion
of the construction work is to be performed by wards of the juvenile
court assigned to such camps, ranches, or homes.
20142. (a) The board of supervisors may, by ordinance, resolution,
or board order, authorize the county engineer, or other county
officer, to order changes or additions in the work being performed
under construction contracts. When so authorized, any change or
addition in the work shall be ordered in writing by the county
engineer, or other designated officer, and the extra cost to the
county for any change or addition to the work so ordered shall not
exceed five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000),
nor 10 percent of the amount of any original contract that exceeds
fifty thousand dollars ($50,000), but does not exceed two hundred
fifty thousand dollars ($250,000).
(b) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract cost in excess of two hundred fifty thousand dollars
($250,000). In no event shall any such change or alteration exceed
two hundred ten thousand dollars ($210,000).
20143. The board may cause the insertion of provisions in any
contract for the erection, construction, alteration, or repair of any
public building or structure, or in the specifications therefor, for
the performance of such extra work and the furnishing of materials
therefor by the contractor as the board, county engineer, or other
duly authorized officer requires for the proper completion or
construction of the whole work contemplated.
20144. The provisions of this article do not apply to any contract
which is entered into between Napa County and the State of California
or any agency of the executive department of the State of
California, for the alteration or repair of the structure located in
Napa County and known as the Old Bale Mill.
20145. In counties containing a population of 6,000,000 or over,
the board of supervisors may by ordinance authorize such county
officer as is deemed appropriate to take or perform any or all acts
or actions permitted or required of the board by this article,
including the authority to adopt and advertise plans and
specifications, award contracts, approve bonds, or order the change
or alteration of contracts, with respect to original contracts which
do not exceed the total amount of seventy-five thousand dollars
($75,000), or with respect to changes or alterations to original
contracts entered into by the board where the changes or alterations
do not exceed 10 percent of the amount of the original contract or
seventy-five thousand dollars ($75,000), whichever is less. The
aggregate total amount of such changes or alterations to an original
contract may not exceed 25 percent of the amount of the original
contract. Any authorization pursuant to this section shall include
detailed procedures governing the county officer in the exercise of
such authority.
20120. This article applies to public works contracts awarded by
counties subject to Title 3 (commencing with Section 23000) of the
Government Code. For purposes of this article, the population of a
county shall be the most recent estimate determined by the Population
Research Unit of the Department of Finance.
20121. Whenever the estimated cost of construction of any wharf,
chute, or other shipping facility, or of any hospital, almshouse,
courthouse, jail, historical museum, aquarium, county free library
building, branch library building, art gallery, art institute,
exposition building, stadium, coliseum, sports arena or sports
pavilion or other building for holding sports events, athletic
contests, contests of skill, exhibitions, spectacles and other public
meetings, or other public building or the cost of any painting, or
repairs thereto exceeds the sum of four thousand dollars ($4,000),
inclusive of the estimated costs of materials or supplies to be
furnished pursuant to Section 20131, the work shall be done by
contract. Any such contract not let pursuant to this article is void.
20121.1. Notwithstanding Section 20121, a county board of
supervisors need not contract for grading, drainage, pipe laying,
fencing, landscaping, instrument installation, and similar
construction and repair work necessary to maintain day-to-day
landfill operations.
20122. In counties containing a population of 500,000 or over, the
work referred to in Section 20121 need not be done by contract if the
estimated cost thereof is less than six thousand five hundred
dollars ($6,500), exclusive of the estimated cost of materials or
supplies to be furnished pursuant to Section 20133.
20123. In counties containing a population of 2,000,000 or over, as
determined by the last federal or special census or subsequent
estimate validated by the Population Research Unit of the Department
of Finance, Sections 20121 and 20122 do not apply to alteration or
repair work upon county-owned buildings, if the cost of the work is
under fifty thousand dollars ($50,000).
20123.5. In any county, it is unlawful to split or separate into
smaller work orders or projects any public work project for the
purpose of evading the provisions of this article requiring public
work to be done by contract after competitive bidding. Every person
who willfully violates the provisions of this section is guilty of a
misdemeanor.
20124. The board of supervisors shall adopt plans, specifications,
strain sheets, and working details for the work.
20125. The board shall cause an advertisement for bids for the
performance of the work to be published pursuant to Section 6062 of
the Government Code in a daily newspaper, or pursuant to Section 6066
of the Government Code in a weekly newspaper, of general circulation
published in the county. If there is no such newspaper published in
the county, the notice shall be given by posting in three public
places for at least two weeks.
20126. Any notice inviting bids which specifies locations of
possible materials, such as a borrow pit or gravel bed, for use in
the proposed construction project which would be subject to Section
1602 of the Fish and Game Code shall include any conditions or
modifications established pursuant to Section 1603 of the Fish and
Game Code.
20127. All bidders shall be afforded opportunity to examine the
plans, specifications, strain sheets, and working details.
20128. The board shall award the contract to the lowest responsible
bidder, and the person to whom the contract is awarded shall perform
the work in accordance with the plans, specifications, strain
sheets, and working details, unless the contract is modified by a
four-fifths vote of the board.
20128.5. Notwithstanding any other provisions of this article, the
board of supervisors may award individual annual contracts, none of
which shall exceed three million dollars ($3,000,000), adjusted
annually to reflect the percentage change in the California Consumer
Price Index, for repair, remodeling, or other repetitive work to be
done according to unit prices. No annual contracts may be awarded for
any new construction. The contracts shall be awarded to the lowest
responsible bidder and shall be based on plans and specifications for
typical work. No project shall be performed under the contract
except by order of the board of supervisors, or an officer acting
pursuant to Section 20145.
For purposes of this section, "unit price" means the amount paid
for a single unit of an item of work, and "typical work" means a work
description applicable universally or applicable to a large number
of individual projects, as distinguished from work specifically
described with respect to an individual project.
For purposes of this section, "repair, remodeling, or other
repetitive work to be done according to unit prices" shall not
include design or contract drawings.
20129. (a) All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(1) Cash.
(2) A cashier's check made payable to the county.
(3) A certified check made payable to the county.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the county.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the county beyond 60
days from the time the award is made.
(b) The person to whom the contract is awarded shall execute a
bond to be approved by the board for the faithful performance of the
contract.
20130. If the board of supervisors is advised by the county
surveyor or engineer that any wharf, chute, or other shipping
facility can be constructed or repaired for a sum less than the
lowest responsible bid, it may reject all bids and order the work
done by day's work under the supervision and direction of the
surveyor or engineer.
20131. Counties which employ purchasing agents may:
(a) Authorize the agent to employ state-licensed independent
contractors and purchase materials, furnishings, and supplies used in
the construction or repair of public works estimated as costing not
more than six thousand five hundred dollars ($6,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(b) In counties containing a population of 500,000 or more,
authorize the agent to purchase materials and supplies used in the
construction or repair of public works estimated as costing not more
than three thousand five hundred dollars ($3,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(c) Authorize the agent to purchase or contract for medical or
surgical equipment or supplies, or for professional services, for a
county hospital without competitive bidding, so long as an
appropriation for the costs of those purchases or contracts is
included in the county budget.
As used in this subdivision, "medical or surgical equipment or
supplies" means only equipment or supplies commonly, necessarily, and
directly used by or under the direction of a physician and surgeon
in caring for or treating a patient in a hospital.
20132. The board of supervisors of any county may delegate to the
county administrative officer or the county executive officer in an
equivalent position, the power to enter into and execute on behalf of
the county any contracts, which do not involve the expenditure of
more than five thousand dollars ($5,000), which relate to purposes
previously approved and budgeted by the board of supervisors, subject
to ratification of such approval and execution by the board of
supervisors. This section shall not apply to:
(a) Matters within the purview of Section 20131.
(b) Contracts for the construction of public improvements.
(c) Contracts which must be awarded after public notice and
competitive bidding.
20133. (a) A county, with approval of the board of supervisors,
may utilize an alternative procedure for bidding on construction
projects in the county in excess of two million five hundred thousand
dollars ($2,500,000) and may award the project using either the
lowest responsible bidder or by best value.
(b) (1) It is the intent of the Legislature to enable counties to
utilize design-build for buildings and county sanitation wastewater
treatment facilities. It is not the intent of the Legislature to
authorize this procedure for other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructures.
(2) The Legislature also finds and declares that utilizing a
design-build contract requires a clear understanding of the roles and
responsibilities of each participant in the design-build process.
(3) (A) For contracts awarded prior to either the effective date
of regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code or
the fees established by the department pursuant to subparagraph (B),
if the board of supervisors elects to proceed under this section, the
board of supervisors shall establish and enforce for design-build
projects a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code, or it shall contract
with a third party to operate a labor compliance program containing
the requirements outlined in Section 1771.5 of the Labor Code. This
requirement shall not apply to any project where the county or the
design-build entity has entered into any collective bargaining
agreement or agreements that bind all of the contractors performing
work on the projects.
(B) For contracts awarded on or after both the effective date of
regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this subparagraph,
the board of supervisors shall pay a fee to the department, in an
amount that the department shall establish, and as it may from time
to time amend, sufficient to support the department's costs in
ensuring compliance with and enforcing prevailing wage requirements
on the project, and labor compliance enforcement as set forth in
subdivision (b) of Section 1771.55. All fees collected pursuant to
this paragraph shall be deposited in the State Public Works
Enforcement Fund created by Section 1771.3 of the Labor Code, and
shall be used only for enforcement of prevailing wages requirements
on those projects.
(C) The Department of Industrial Relations may waive the fee set
forth in subparagraph (B) if the board of supervisors has previously
been granted approval by the director to initiate and operate a labor
compliance program on its projects and requests to continue to
operate that labor compliance program on its projects in lieu of
labor compliance by the department pursuant to subdivision (b) of
Section 1771.55. The fee shall not be waived for the board of
supervisors if it contracts with a third party to initiate and
enforce labor compliance programs on its projects.
(c) As used in this section:
(1) "Best value" means a value determined by objective criteria
related to price, features, functions, and life-cycle costs.
(2) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
(3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(4) "Project" means the construction of a building and
improvements directly related to the construction of a building, and
county sanitation wastewater treatment facilities, but does not
include the construction of other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructure.
(d) Design-build projects shall progress in a four-step process,
as follows:
(1) (A) The county shall prepare a set of documents setting forth
the scope of the project. The documents may include, but are not
limited to, the size, type, and desired design character of the
public improvement, performance specifications covering the quality
of materials, equipment, and workmanship, preliminary plans or
building layouts, or any other information deemed necessary to
describe adequately the county's needs. The performance
specifications and any plans shall be prepared by a design
professional who is duly licensed and registered in California.
(B) Any architect or engineer retained by the county to assist in
the development of the project specific documents shall not be
eligible to participate in the preparation of a bid with any
design-build entity for that project.
(2) (A) Based on the documents prepared in paragraph (1), the
county shall prepare a request for proposals that invites interested
parties to submit competitive sealed proposals in the manner
prescribed by the county. The request for proposals shall include,
but is not limited to, the following elements:
(i) Identification of the basic scope and needs of the project or
contract, the expected cost range, and other information deemed
necessary by the county to inform interested parties of the
contracting opportunity, to include the methodology that will be used
by the county to evaluate proposals and specifically if the contract
will be awarded to the lowest responsible bidder.
(ii) Significant objective factors that the county reasonably
expects to consider in evaluating proposals, including cost or price
and all nonprice related factors.
(iii) The relative importance of weight assigned to each of the
factors identified in the request for proposals.
(B) With respect to clause (iii) of subparagraph (A), if a
nonweighted system is used, the agency shall specifically disclose
whether all evaluation factors other than cost or price when combined
are:
(i) Significantly more important than cost or price.
(ii) Approximately equal in importance to cost or price.
(iii) Significantly less important than cost or price.
(C) If the county chooses to reserve the right to hold discussions
or negotiations with responsive bidders, it shall so specify in the
request for proposal and shall publish separately or incorporate into
the request for proposal applicable rules and procedures to be
observed by the county to ensure that any discussions or negotiations
are conducted in good faith.
(3) (A) The county shall establish a procedure to prequalify
design-build entities using a standard questionnaire developed by the
county. In preparing the questionnaire, the county shall consult
with the construction industry, including representatives of the
building trades and surety industry. This questionnaire shall require
information including, but not limited to, all of the following:
(i) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members known at the time of bid
submission who will participate in the design-build contract,
including, but not limited to, mechanical subcontractors.
(ii) Evidence that the members of the design-build entity have
completed, or demonstrated the experience, competency, capability,
and capacity to complete, projects of similar size, scope, or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project, as well as a financial statement
that assures the county that the design-build entity has the capacity
to complete the project.
(iii) The licenses, registration, and credentials required to
design and construct the project, including information on the
revocation or suspension of any license, credential, or registration.
(iv) Evidence that establishes that the design-build entity has
the capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance.
(v) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973, contained in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code, or
the federal Occupational Safety and Health Act of 1970 (P.L. 91-596),
settled against any member of the design-build entity, and
information concerning workers' compensation experience history and
worker safety program.
(vi) Information concerning any debarment, disqualification, or
removal from a federal, state, or local government public works
project. Any instance in which an entity, its owners, officers, or
managing employees submitted a bid on a public works project and were
found to be nonresponsive, or were found by an awarding body not to
be a responsible bidder.
(vii) Any instance in which the entity, or its owners, officers,
or managing employees, defaulted on a construction contract.
(viii) Any violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contributions Act (FICA; 26 U.S.C. Sec. 3101 et
seq.) withholding requirements settled against any member of the
design-build entity.
(ix) Information concerning the bankruptcy or receivership of any
member of the design-build entity, including information concerning
any work completed by a surety.
(x) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five years preceding
submission of a bid pursuant to this section, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed by a
surety during this period.
(xi) In the case of a partnership or an association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the design-build
contract.
(xii) (I) Any instance in which the entity, or any of its members,
owners, officers, or managing employees was, during the five years
preceding submission of a bid pursuant to this section, determined by
a court of competent jurisdiction to have submitted, or legally
admitted for purposes of a criminal plea to have submitted either of
the following:
(ia) Any claim to any public agency or official in violation of
the federal False Claims Act (31 U.S.C. Sec. 3729 et seq.).
(ib) Any claim to any public official in violation of the
California False Claims Act (Article 9 (commencing with Section
12650) of Chapter 6 of Part 2 of Division 3 of the Government Code).
(II) Information provided pursuant to this subdivision shall
include the name and number of any case filed, the court in which it
was filed, and the date on which it was filed. The entity may also
provide further information regarding any such instance, including
any mitigating or extenuating circumstances that the entity wishes
the county to consider.
(B) The information required pursuant to this subdivision shall be
verified under oath by the entity and its members in the manner in
which civil pleadings in civil actions are verified. Information that
is not a public record pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) shall not be open to public inspection.
(4) The county shall establish a procedure for final selection of
the design-build entity. Selection shall be based on either of the
following criteria:
(A) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Awards shall be made to the
lowest responsible bidder.
(B) A county may use a design-build competition based upon best
value and other criteria set forth in paragraph (2). The design-build
competition shall include the following elements:
(i) Competitive proposals shall be evaluated by using only the
criteria and selection procedures specifically identified in the
request for proposal. However, the following minimum factors shall
each represent at least 10 percent of the total weight of
consideration given to all criteria factors: price, technical design,
and construction expertise, life cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
(ii) Once the evaluation is complete, the top three responsive
bidders shall be ranked sequentially from the most advantageous to
the least.
(iii) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing, to be the most
advantageous.
(iv) Notwithstanding any provision of this code, upon issuance of
a contract award, the county shall publicly announce its award,
identifying the contractor to whom the award is made, along with a
written decision supporting its contract award and stating the basis
of the award. The notice of award shall also include the county's
second and third ranked design-build entities.
(v) For purposes of this paragraph, "skilled labor force
availability" shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the California
Apprenticeship Council, which has graduated apprentices in each of
the preceding five years. This graduation requirement shall not apply
to programs providing apprenticeship training for any craft that has
been deemed by the Department of Labor and the Department of
Industrial Relations to be an apprenticeable craft in the five years
prior to enactment of this act.
(vi) For purposes of this paragraph, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury/illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
(e) (1) Any design-build entity that is selected to design and
build a project pursuant to this section shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omission insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This section does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
(2) Any payment or performance bond written for the purposes of
this section shall be written using a bond form developed by the
county.
(f) All subcontractors that were not listed by the design-build
entity in accordance with clause (i) of subparagraph (A) of paragraph
(3) of subdivision (d) shall be awarded by the design-build entity
in accordance with the design-build process set forth by the county
in the design-build package. All subcontractors bidding on contracts
pursuant to this section shall be afforded the protections contained
in Chapter 4 (commencing with Section 4100) of Part 1. The
design-build entity shall do both of the following:
(1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county.
(2) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with the procedure established pursuant
to this section.
(g) Lists of subcontractors, bidders, and bid awards relating to
the project shall be submitted by the design-build entity to the
awarding body within 14 days of the award. These documents are deemed
to be public records and shall be available for public inspection
pursuant to this chapter and Article 1 (commencing with Section 6250)
of Chapter 3.5 of Division 7 of the Government Code.
(h) The minimum performance criteria and design standards
established pursuant to paragraph (1) of subdivision (d) shall be
adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the county.
(i) The county may retain the services of a design professional or
construction project manager, or both, throughout the course of the
project in order to ensure compliance with this section.
(j) Contracts awarded pursuant to this section shall be valid
until the project is completed.
(k) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available at law.
(l) (1) If the county elects to award a project pursuant to this
section, retention proceeds withheld by the county from the
design-build entity shall not exceed 5 percent if a performance and
payment bond, issued by an admitted surety insurer, is required in
the solicitation of bids.
(2) In a contract between the design-build entity and the
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the county and the design-build entity. If the design-build
entity provides written notice to any subcontractor who is not a
member of the design-build entity, prior to or at the time the bid is
requested, that a bond may be required and the subcontractor
subsequently is unable or refuses to furnish a bond to the
design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the county and the design-build entity from any
payment made by the design-build entity to the subcontractor.
(m) Each county that elects to proceed under this section and uses
the design-build method on a public works project shall submit to
the Legislative Analyst's Office before September 1, 2013, a report
containing a description of each public works project procured
through the design-build process and completed after November 1,
2009, and before August 1, 2013. 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) The estimated and actual length of time to complete the
project.
(5) The estimated and actual project costs.
(6) Whether the project was met or altered.
(7) The number and amount of project change orders.
(8) 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.
(9) An assessment of the prequalification process and criteria.
(10) An assessment of the effect of retaining 5 percent retention
on the project.
(11) A description of the Labor Force Compliance Program and an
assessment of the project impact, where required.
(12) A description of the method used to award the contract. If
best value 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.
(13) An assessment of the project impact of "skilled labor force
availability."
(14) An assessment of the design-build dollar limits on county
projects. This assessment shall include projects where the county
wanted to use design-build and was precluded by the dollar
limitation. This assessment shall also include projects where the
best value method was not used due to dollar limitations.
(15) An assessment of the most appropriate uses for the
design-build approach.
(n) Any county that elects not to use the authority granted by
this section may submit a report to the Legislative Analyst's Office
explaining why the county elected not to use the design-build method.
(o) On or before January 1, 2014, the Legislative Analyst shall
report to the Legislature on the use of the design-build method by
counties pursuant to this section, including the information listed
in subdivision (m) and (p). The report may include recommendations
for modifying or extending this section.
(p) The Legislative Analyst shall complete a fact-based analysis
of the use of the design-build method by counties pursuant to this
section, utilizing the information provided pursuant to subdivision
(m) and any independent information provided by the public or
interested parties. The Legislative Analyst shall select a
representative sample of projects under this section and review
available public records and reports, media reports, and related
information in its analysis. The Legislative Analyst shall compile
the information required to be analyzed pursuant to this subdivision
into a report, which shall be provided to the Legislature. The report
shall include conclusions describing the actual cost of projects
procured pursuant to this section, whether the project schedule was
met or altered, and whether projects needed or used project change
orders.
(q) Except as provided in this section, this act shall not be
construed to affect the application of any other law.
(r) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20135. The plans and specifications adopted by the board for the
erection, alteration, construction, or repair of any public building
or other public structure shall not be altered or changed in any
manner which increases its cost, except by a vote of two-thirds of
the members of the board of supervisors.
20136. Whenever the board enters into a contract for the erection,
construction, alteration, or repair of any public building or other
structure, the contract shall not be altered or changed in any
manner, except:
(a) As provided in Section 20142.
(b) As provided for in the contract itself, or specifications.
(c) By order adopted by a vote of two-thirds of the board, and the
consent of the contractor.
20137. If any change or alteration of the contract is ordered, it
shall be specified in writing by a duly authorized officer of the
county. The cost of such change or alteration must be agreed upon
between the board and the contractor unless the contract includes a
provision to determine a fair and equitable price for the change or
alteration. Such a provision may provide for any method of
determining the price common in commercial transactions, including,
but not limited to, arbitration or cost plus a fixed fee. If the cost
so agreed upon:
(a) Does not exceed the amounts specified in Sections 20121 and
21031, or
(b) Does not exceed 10 percent of the original contract price, the
board may authorize the contractor to proceed with the change or
alteration without the formality of obtaining bids therefor.
No change or alteration shall be authorized the amount of which is
within the limitation specified in subdivision (b) and in excess of
the limitation specified in subdivision (a) except by four-fifths
vote of the board.
20138. If the cost of the work is reduced by reason of any
modification of the contract, compensation shall be made to the
county therefor.
20139. The board shall not pay or become liable for any extra work
done on, or extra material furnished for, any building or structure
in the course of performance of a contract let pursuant to this
article except in accordance with Section 20142, unless the contract
specifically provides for such payment or the contract is changed or
modified in the manner provided for in this article.
20140. The method of payment for construction contracts shall be
determined by the board, including progress payments for completed
portions of the work and for materials delivered on the ground or
stored subject to the control of the board and unused.
20141. The provisions of this article shall not apply to the
construction of any public building used for facilities of juvenile
forestry camps or juvenile homes, ranches or camps established under
Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, if a major portion
of the construction work is to be performed by wards of the juvenile
court assigned to such camps, ranches, or homes.
20142. (a) The board of supervisors may, by ordinance, resolution,
or board order, authorize the county engineer, or other county
officer, to order changes or additions in the work being performed
under construction contracts. When so authorized, any change or
addition in the work shall be ordered in writing by the county
engineer, or other designated officer, and the extra cost to the
county for any change or addition to the work so ordered shall not
exceed five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000),
nor 10 percent of the amount of any original contract that exceeds
fifty thousand dollars ($50,000), but does not exceed two hundred
fifty thousand dollars ($250,000).
(b) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract cost in excess of two hundred fifty thousand dollars
($250,000). In no event shall any such change or alteration exceed
two hundred ten thousand dollars ($210,000).
20143. The board may cause the insertion of provisions in any
contract for the erection, construction, alteration, or repair of any
public building or structure, or in the specifications therefor, for
the performance of such extra work and the furnishing of materials
therefor by the contractor as the board, county engineer, or other
duly authorized officer requires for the proper completion or
construction of the whole work contemplated.
20144. The provisions of this article do not apply to any contract
which is entered into between Napa County and the State of California
or any agency of the executive department of the State of
California, for the alteration or repair of the structure located in
Napa County and known as the Old Bale Mill.
20145. In counties containing a population of 6,000,000 or over,
the board of supervisors may by ordinance authorize such county
officer as is deemed appropriate to take or perform any or all acts
or actions permitted or required of the board by this article,
including the authority to adopt and advertise plans and
specifications, award contracts, approve bonds, or order the change
or alteration of contracts, with respect to original contracts which
do not exceed the total amount of seventy-five thousand dollars
($75,000), or with respect to changes or alterations to original
contracts entered into by the board where the changes or alterations
do not exceed 10 percent of the amount of the original contract or
seventy-five thousand dollars ($75,000), whichever is less. The
aggregate total amount of such changes or alterations to an original
contract may not exceed 25 percent of the amount of the original
contract. Any authorization pursuant to this section shall include
detailed procedures governing the county officer in the exercise of
such authority.
20120. This article applies to public works contracts awarded by
counties subject to Title 3 (commencing with Section 23000) of the
Government Code. For purposes of this article, the population of a
county shall be the most recent estimate determined by the Population
Research Unit of the Department of Finance.
20121. Whenever the estimated cost of construction of any wharf,
chute, or other shipping facility, or of any hospital, almshouse,
courthouse, jail, historical museum, aquarium, county free library
building, branch library building, art gallery, art institute,
exposition building, stadium, coliseum, sports arena or sports
pavilion or other building for holding sports events, athletic
contests, contests of skill, exhibitions, spectacles and other public
meetings, or other public building or the cost of any painting, or
repairs thereto exceeds the sum of four thousand dollars ($4,000),
inclusive of the estimated costs of materials or supplies to be
furnished pursuant to Section 20131, the work shall be done by
contract. Any such contract not let pursuant to this article is void.
20121.1. Notwithstanding Section 20121, a county board of
supervisors need not contract for grading, drainage, pipe laying,
fencing, landscaping, instrument installation, and similar
construction and repair work necessary to maintain day-to-day
landfill operations.
20122. In counties containing a population of 500,000 or over, the
work referred to in Section 20121 need not be done by contract if the
estimated cost thereof is less than six thousand five hundred
dollars ($6,500), exclusive of the estimated cost of materials or
supplies to be furnished pursuant to Section 20133.
20123. In counties containing a population of 2,000,000 or over, as
determined by the last federal or special census or subsequent
estimate validated by the Population Research Unit of the Department
of Finance, Sections 20121 and 20122 do not apply to alteration or
repair work upon county-owned buildings, if the cost of the work is
under fifty thousand dollars ($50,000).
20123.5. In any county, it is unlawful to split or separate into
smaller work orders or projects any public work project for the
purpose of evading the provisions of this article requiring public
work to be done by contract after competitive bidding. Every person
who willfully violates the provisions of this section is guilty of a
misdemeanor.
20124. The board of supervisors shall adopt plans, specifications,
strain sheets, and working details for the work.
20125. The board shall cause an advertisement for bids for the
performance of the work to be published pursuant to Section 6062 of
the Government Code in a daily newspaper, or pursuant to Section 6066
of the Government Code in a weekly newspaper, of general circulation
published in the county. If there is no such newspaper published in
the county, the notice shall be given by posting in three public
places for at least two weeks.
20126. Any notice inviting bids which specifies locations of
possible materials, such as a borrow pit or gravel bed, for use in
the proposed construction project which would be subject to Section
1602 of the Fish and Game Code shall include any conditions or
modifications established pursuant to Section 1603 of the Fish and
Game Code.
20127. All bidders shall be afforded opportunity to examine the
plans, specifications, strain sheets, and working details.
20128. The board shall award the contract to the lowest responsible
bidder, and the person to whom the contract is awarded shall perform
the work in accordance with the plans, specifications, strain
sheets, and working details, unless the contract is modified by a
four-fifths vote of the board.
20128.5. Notwithstanding any other provisions of this article, the
board of supervisors may award individual annual contracts, none of
which shall exceed three million dollars ($3,000,000), adjusted
annually to reflect the percentage change in the California Consumer
Price Index, for repair, remodeling, or other repetitive work to be
done according to unit prices. No annual contracts may be awarded for
any new construction. The contracts shall be awarded to the lowest
responsible bidder and shall be based on plans and specifications for
typical work. No project shall be performed under the contract
except by order of the board of supervisors, or an officer acting
pursuant to Section 20145.
For purposes of this section, "unit price" means the amount paid
for a single unit of an item of work, and "typical work" means a work
description applicable universally or applicable to a large number
of individual projects, as distinguished from work specifically
described with respect to an individual project.
For purposes of this section, "repair, remodeling, or other
repetitive work to be done according to unit prices" shall not
include design or contract drawings.
20129. (a) All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(1) Cash.
(2) A cashier's check made payable to the county.
(3) A certified check made payable to the county.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the county.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the county beyond 60
days from the time the award is made.
(b) The person to whom the contract is awarded shall execute a
bond to be approved by the board for the faithful performance of the
contract.
20130. If the board of supervisors is advised by the county
surveyor or engineer that any wharf, chute, or other shipping
facility can be constructed or repaired for a sum less than the
lowest responsible bid, it may reject all bids and order the work
done by day's work under the supervision and direction of the
surveyor or engineer.
20131. Counties which employ purchasing agents may:
(a) Authorize the agent to employ state-licensed independent
contractors and purchase materials, furnishings, and supplies used in
the construction or repair of public works estimated as costing not
more than six thousand five hundred dollars ($6,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(b) In counties containing a population of 500,000 or more,
authorize the agent to purchase materials and supplies used in the
construction or repair of public works estimated as costing not more
than three thousand five hundred dollars ($3,500) without the
formality of obtaining bids, letting contracts, preparing
specifications, and the other things required by this article.
(c) Authorize the agent to purchase or contract for medical or
surgical equipment or supplies, or for professional services, for a
county hospital without competitive bidding, so long as an
appropriation for the costs of those purchases or contracts is
included in the county budget.
As used in this subdivision, "medical or surgical equipment or
supplies" means only equipment or supplies commonly, necessarily, and
directly used by or under the direction of a physician and surgeon
in caring for or treating a patient in a hospital.
20132. The board of supervisors of any county may delegate to the
county administrative officer or the county executive officer in an
equivalent position, the power to enter into and execute on behalf of
the county any contracts, which do not involve the expenditure of
more than five thousand dollars ($5,000), which relate to purposes
previously approved and budgeted by the board of supervisors, subject
to ratification of such approval and execution by the board of
supervisors. This section shall not apply to:
(a) Matters within the purview of Section 20131.
(b) Contracts for the construction of public improvements.
(c) Contracts which must be awarded after public notice and
competitive bidding.
20133. (a) A county, with approval of the board of supervisors,
may utilize an alternative procedure for bidding on construction
projects in the county in excess of two million five hundred thousand
dollars ($2,500,000) and may award the project using either the
lowest responsible bidder or by best value.
(b) (1) It is the intent of the Legislature to enable counties to
utilize design-build for buildings and county sanitation wastewater
treatment facilities. It is not the intent of the Legislature to
authorize this procedure for other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructures.
(2) The Legislature also finds and declares that utilizing a
design-build contract requires a clear understanding of the roles and
responsibilities of each participant in the design-build process.
(3) (A) For contracts awarded prior to either the effective date
of regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code or
the fees established by the department pursuant to subparagraph (B),
if the board of supervisors elects to proceed under this section, the
board of supervisors shall establish and enforce for design-build
projects a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code, or it shall contract
with a third party to operate a labor compliance program containing
the requirements outlined in Section 1771.5 of the Labor Code. This
requirement shall not apply to any project where the county or the
design-build entity has entered into any collective bargaining
agreement or agreements that bind all of the contractors performing
work on the projects.
(B) For contracts awarded on or after both the effective date of
regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this subparagraph,
the board of supervisors shall pay a fee to the department, in an
amount that the department shall establish, and as it may from time
to time amend, sufficient to support the department's costs in
ensuring compliance with and enforcing prevailing wage requirements
on the project, and labor compliance enforcement as set forth in
subdivision (b) of Section 1771.55. All fees collected pursuant to
this paragraph shall be deposited in the State Public Works
Enforcement Fund created by Section 1771.3 of the Labor Code, and
shall be used only for enforcement of prevailing wages requirements
on those projects.
(C) The Department of Industrial Relations may waive the fee set
forth in subparagraph (B) if the board of supervisors has previously
been granted approval by the director to initiate and operate a labor
compliance program on its projects and requests to continue to
operate that labor compliance program on its projects in lieu of
labor compliance by the department pursuant to subdivision (b) of
Section 1771.55. The fee shall not be waived for the board of
supervisors if it contracts with a third party to initiate and
enforce labor compliance programs on its projects.
(c) As used in this section:
(1) "Best value" means a value determined by objective criteria
related to price, features, functions, and life-cycle costs.
(2) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
(3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(4) "Project" means the construction of a building and
improvements directly related to the construction of a building, and
county sanitation wastewater treatment facilities, but does not
include the construction of other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructure.
(d) Design-build projects shall progress in a four-step process,
as follows:
(1) (A) The county shall prepare a set of documents setting forth
the scope of the project. The documents may include, but are not
limited to, the size, type, and desired design character of the
public improvement, performance specifications covering the quality
of materials, equipment, and workmanship, preliminary plans or
building layouts, or any other information deemed necessary to
describe adequately the county's needs. The performance
specifications and any plans shall be prepared by a design
professional who is duly licensed and registered in California.
(B) Any architect or engineer retained by the county to assist in
the development of the project specific documents shall not be
eligible to participate in the preparation of a bid with any
design-build entity for that project.
(2) (A) Based on the documents prepared in paragraph (1), the
county shall prepare a request for proposals that invites interested
parties to submit competitive sealed proposals in the manner
prescribed by the county. The request for proposals shall include,
but is not limited to, the following elements:
(i) Identification of the basic scope and needs of the project or
contract, the expected cost range, and other information deemed
necessary by the county to inform interested parties of the
contracting opportunity, to include the methodology that will be used
by the county to evaluate proposals and specifically if the contract
will be awarded to the lowest responsible bidder.
(ii) Significant objective factors that the county reasonably
expects to consider in evaluating proposals, including cost or price
and all nonprice related factors.
(iii) The relative importance of weight assigned to each of the
factors identified in the request for proposals.
(B) With respect to clause (iii) of subparagraph (A), if a
nonweighted system is used, the agency shall specifically disclose
whether all evaluation factors other than cost or price when combined
are:
(i) Significantly more important than cost or price.
(ii) Approximately equal in importance to cost or price.
(iii) Significantly less important than cost or price.
(C) If the county chooses to reserve the right to hold discussions
or negotiations with responsive bidders, it shall so specify in the
request for proposal and shall publish separately or incorporate into
the request for proposal applicable rules and procedures to be
observed by the county to ensure that any discussions or negotiations
are conducted in good faith.
(3) (A) The county shall establish a procedure to prequalify
design-build entities using a standard questionnaire developed by the
county. In preparing the questionnaire, the county shall consult
with the construction industry, including representatives of the
building trades and surety industry. This questionnaire shall require
information including, but not limited to, all of the following:
(i) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members known at the time of bid
submission who will participate in the design-build contract,
including, but not limited to, mechanical subcontractors.
(ii) Evidence that the members of the design-build entity have
completed, or demonstrated the experience, competency, capability,
and capacity to complete, projects of similar size, scope, or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project, as well as a financial statement
that assures the county that the design-build entity has the capacity
to complete the project.
(iii) The licenses, registration, and credentials required to
design and construct the project, including information on the
revocation or suspension of any license, credential, or registration.
(iv) Evidence that establishes that the design-build entity has
the capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance.
(v) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973, contained in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code, or
the federal Occupational Safety and Health Act of 1970 (P.L. 91-596),
settled against any member of the design-build entity, and
information concerning workers' compensation experience history and
worker safety program.
(vi) Information concerning any debarment, disqualification, or
removal from a federal, state, or local government public works
project. Any instance in which an entity, its owners, officers, or
managing employees submitted a bid on a public works project and were
found to be nonresponsive, or were found by an awarding body not to
be a responsible bidder.
(vii) Any instance in which the entity, or its owners, officers,
or managing employees, defaulted on a construction contract.
(viii) Any violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contributions Act (FICA; 26 U.S.C. Sec. 3101 et
seq.) withholding requirements settled against any member of the
design-build entity.
(ix) Information concerning the bankruptcy or receivership of any
member of the design-build entity, including information concerning
any work completed by a surety.
(x) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five years preceding
submission of a bid pursuant to this section, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed by a
surety during this period.
(xi) In the case of a partnership or an association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the design-build
contract.
(xii) (I) Any instance in which the entity, or any of its members,
owners, officers, or managing employees was, during the five years
preceding submission of a bid pursuant to this section, determined by
a court of competent jurisdiction to have submitted, or legally
admitted for purposes of a criminal plea to have submitted either of
the following:
(ia) Any claim to any public agency or official in violation of
the federal False Claims Act (31 U.S.C. Sec. 3729 et seq.).
(ib) Any claim to any public official in violation of the
California False Claims Act (Article 9 (commencing with Section
12650) of Chapter 6 of Part 2 of Division 3 of the Government Code).
(II) Information provided pursuant to this subdivision shall
include the name and number of any case filed, the court in which it
was filed, and the date on which it was filed. The entity may also
provide further information regarding any such instance, including
any mitigating or extenuating circumstances that the entity wishes
the county to consider.
(B) The information required pursuant to this subdivision shall be
verified under oath by the entity and its members in the manner in
which civil pleadings in civil actions are verified. Information that
is not a public record pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) shall not be open to public inspection.
(4) The county shall establish a procedure for final selection of
the design-build entity. Selection shall be based on either of the
following criteria:
(A) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Awards shall be made to the
lowest responsible bidder.
(B) A county may use a design-build competition based upon best
value and other criteria set forth in paragraph (2). The design-build
competition shall include the following elements:
(i) Competitive proposals shall be evaluated by using only the
criteria and selection procedures specifically identified in the
request for proposal. However, the following minimum factors shall
each represent at least 10 percent of the total weight of
consideration given to all criteria factors: price, technical design,
and construction expertise, life cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
(ii) Once the evaluation is complete, the top three responsive
bidders shall be ranked sequentially from the most advantageous to
the least.
(iii) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing, to be the most
advantageous.
(iv) Notwithstanding any provision of this code, upon issuance of
a contract award, the county shall publicly announce its award,
identifying the contractor to whom the award is made, along with a
written decision supporting its contract award and stating the basis
of the award. The notice of award shall also include the county's
second and third ranked design-build entities.
(v) For purposes of this paragraph, "skilled labor force
availability" shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the California
Apprenticeship Council, which has graduated apprentices in each of
the preceding five years. This graduation requirement shall not apply
to programs providing apprenticeship training for any craft that has
been deemed by the Department of Labor and the Department of
Industrial Relations to be an apprenticeable craft in the five years
prior to enactment of this act.
(vi) For purposes of this paragraph, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury/illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
(e) (1) Any design-build entity that is selected to design and
build a project pursuant to this section shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omission insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This section does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
(2) Any payment or performance bond written for the purposes of
this section shall be written using a bond form developed by the
county.
(f) All subcontractors that were not listed by the design-build
entity in accordance with clause (i) of subparagraph (A) of paragraph
(3) of subdivision (d) shall be awarded by the design-build entity
in accordance with the design-build process set forth by the county
in the design-build package. All subcontractors bidding on contracts
pursuant to this section shall be afforded the protections contained
in Chapter 4 (commencing with Section 4100) of Part 1. The
design-build entity shall do both of the following:
(1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county.
(2) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with the procedure established pursuant
to this section.
(g) Lists of subcontractors, bidders, and bid awards relating to
the project shall be submitted by the design-build entity to the
awarding body within 14 days of the award. These documents are deemed
to be public records and shall be available for public inspection
pursuant to this chapter and Article 1 (commencing with Section 6250)
of Chapter 3.5 of Division 7 of the Government Code.
(h) The minimum performance criteria and design standards
established pursuant to paragraph (1) of subdivision (d) shall be
adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the county.
(i) The county may retain the services of a design professional or
construction project manager, or both, throughout the course of the
project in order to ensure compliance with this section.
(j) Contracts awarded pursuant to this section shall be valid
until the project is completed.
(k) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available at law.
(l) (1) If the county elects to award a project pursuant to this
section, retention proceeds withheld by the county from the
design-build entity shall not exceed 5 percent if a performance and
payment bond, issued by an admitted surety insurer, is required in
the solicitation of bids.
(2) In a contract between the design-build entity and the
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the county and the design-build entity. If the design-build
entity provides written notice to any subcontractor who is not a
member of the design-build entity, prior to or at the time the bid is
requested, that a bond may be required and the subcontractor
subsequently is unable or refuses to furnish a bond to the
design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the county and the design-build entity from any
payment made by the design-build entity to the subcontractor.
(m) Each county that elects to proceed under this section and uses
the design-build method on a public works project shall submit to
the Legislative Analyst's Office before September 1, 2013, a report
containing a description of each public works project procured
through the design-build process and completed after November 1,
2009, and before August 1, 2013. 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) The estimated and actual length of time to complete the
project.
(5) The estimated and actual project costs.
(6) Whether the project was met or altered.
(7) The number and amount of project change orders.
(8) 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.
(9) An assessment of the prequalification process and criteria.
(10) An assessment of the effect of retaining 5 percent retention
on the project.
(11) A description of the Labor Force Compliance Program and an
assessment of the project impact, where required.
(12) A description of the method used to award the contract. If
best value 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.
(13) An assessment of the project impact of "skilled labor force
availability."
(14) An assessment of the design-build dollar limits on county
projects. This assessment shall include projects where the county
wanted to use design-build and was precluded by the dollar
limitation. This assessment shall also include projects where the
best value method was not used due to dollar limitations.
(15) An assessment of the most appropriate uses for the
design-build approach.
(n) Any county that elects not to use the authority granted by
this section may submit a report to the Legislative Analyst's Office
explaining why the county elected not to use the design-build method.
(o) On or before January 1, 2014, the Legislative Analyst shall
report to the Legislature on the use of the design-build method by
counties pursuant to this section, including the information listed
in subdivision (m) and (p). The report may include recommendations
for modifying or extending this section.
(p) The Legislative Analyst shall complete a fact-based analysis
of the use of the design-build method by counties pursuant to this
section, utilizing the information provided pursuant to subdivision
(m) and any independent information provided by the public or
interested parties. The Legislative Analyst shall select a
representative sample of projects under this section and review
available public records and reports, media reports, and related
information in its analysis. The Legislative Analyst shall compile
the information required to be analyzed pursuant to this subdivision
into a report, which shall be provided to the Legislature. The report
shall include conclusions describing the actual cost of projects
procured pursuant to this section, whether the project schedule was
met or altered, and whether projects needed or used project change
orders.
(q) Except as provided in this section, this act shall not be
construed to affect the application of any other law.
(r) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20134. (a) In cases of emergency, when repair or replacements are
necessary to permit the continued conduct of county operations or
services, the board of supervisors, by majority consent, may proceed
at once to replace or repair any and all structures without adopting
the plans, specifications, strain sheets, or working details or,
subject to Chapter 2.5 (commencing with Section 22050), giving notice
for bids to let contracts. If notice for bids to let contracts will
not be given, the board shall comply with Chapter 2.5 (commencing
with Section 22050). The work may be done by day labor under the
direction of the board, by contract, or by a combination of the two.
If the work is done wholly or in part by contract, the contractor
shall be paid the actual cost of the use of machinery and tools and
of material, and labor and of workers' compensation insurance
expended by him or her in doing the work, plus not more than 15
percent to cover all profits and administration. No more than the
lowest current market prices shall be paid for materials whenever
possible.
(b) In a county of the first, second, third, or fourth class,
which is under court order to relieve jail overcrowding or in which
the sheriff certifies that the inmate capacity of the county jail
system is exceeded by more than 20 percent and that the
overpopulation is likely to continue and poses a threat to public
safety, health, and welfare, the board of supervisors may contract
for the construction or expansion of jail facilities without the
formality of obtaining bids, adopting plans and specifications, or
complying with other requirements of this article, except as required
by this subdivision. The person to whom the contract is awarded
shall execute a bond for faithful performance in accordance with
Section 20129. Any plans and specifications adopted by the board may
only be altered or changed in accordance with Section 20135 and all
contracts awarded pursuant to this subdivision may only be altered or
changed in accordance with Sections 20136, 20137, and 20138. The
award of the contract shall be made after a public hearing on the
basis of a request for proposals advertised in accordance with
Section 6062 or 6062a of the Government Code. The contract may be
awarded only to a contractor who has responded to the request for
proposals and who is licensed to do the work in accordance with
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code. The contract shall be upon terms which
the board determines are necessary for the expeditious completion of
the work. A contract shall not be entered into unless at least three
proposals to do the work have been evaluated by a competitive
process established by the board. If the board does not select the
lowest bid, it shall make a finding stating the reasons that the
lowest bid was not selected.
(c) In any county that has agreed to permit the transfer of
prisoners or parole violators under Section 2910 or 2910.5 of the
Penal Code or of wards under Section 1753.3 of the Welfare and
Institutions Code, the board of supervisors may contract for the
construction or expansion of the facilities to be used for that
purpose without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected.
(d) Proposed construction or expansion of jail or
return-to-custody facilities as authorized under subdivision (b) or
(c) shall not commence in a county of the third class without the
affirmative vote of a majority of the city council of the
incorporated city within which the construction or expansion is
proposed.
(e) The board of supervisors may waive the requirements of Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code for work performed pursuant to subdivision (b) or (c).
(f) If any county that is under court order to relieve
overcrowding in a county juvenile facility, as defined by subdivision
(c) of Section 4481 of the Penal Code or in which the chief
probation officer certifies that the juvenile detention capacity of
the county juvenile facilities is exceeded by more than 20 percent
and that the overpopulation is likely to continue and poses a threat
to public safety, health, and welfare, the board of supervisors may
contract for the construction or expansion of county juvenile
facilities without the formality of obtaining bids, adopting plans
and specifications, or complying with other requirements of this
article, except as required by this subdivision. The person to whom
the contract is awarded shall execute a bond for faithful performance
in accordance with Section 20129. Any plans and specifications
adopted by the board may only be altered or changed in accordance
with Section 20135 and all contracts awarded pursuant to this
subdivision may only be altered or changed in accordance with
Sections 20136, 20137, and 20138. The award of the contract shall be
made after a public hearing on the basis of a request for proposals
advertised in accordance with Section 6062 or 6062a of the Government
Code. The contract may be awarded only to a contractor who has
responded to the request for proposals and who is licensed to do the
work in accordance with Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code. The contract shall
be upon terms which the board determines are necessary for the
expeditious completion of the work. A contract shall not be entered
into unless at least three proposals to do the work have been
evaluated by a competitive process established by the board. If the
board does not select the lowest bidder, it shall make a finding
stating the reasons that the lowest bidder was not selected.
(g) In a county of the third class in which there are no available
courtrooms to accommodate all authorized judicial positions or in
which the board of supervisors certifies that there is a significant
need to expeditiously construct new court and court support
facilities, the board of supervisors may contract for the
construction or expansion of court and court support facilities
without the formality of obtaining bids, adopting plans and
specifications, or complying with other requirements of this article,
except as required by this subdivision. The person to whom the
contract is awarded shall execute a bond for faithful performance in
accordance with Section 20129. Any plans and specifications adopted
by the board may only be altered or changed in accordance with
Section 20135 and all contracts awarded pursuant to this subdivision
may only be altered or changed in accordance with Sections 20136,
20137, and 20138. The award of the contract shall be made after a
public hearing on the basis of a request for proposals advertised in
accordance with Section 6062 or 6062a of the Government Code. The
contract may be awarded only to a contractor who has responded to the
request for proposals and who is licensed to do the work in
accordance with Chapter 9 (commencing with Section 7000) of Division
3 of the Business and Professions Code. The contract shall be upon
terms which the board determines are necessary for the expeditious
completion of the work. A contract shall not be entered into unless
at least three proposals to do the work have been evaluated by a
competitive process established by the board and the lowest bid is
selected. This subdivision shall remain in effect until December 31,
1994.
20135. The plans and specifications adopted by the board for the
erection, alteration, construction, or repair of any public building
or other public structure shall not be altered or changed in any
manner which increases its cost, except by a vote of two-thirds of
the members of the board of supervisors.
20136. Whenever the board enters into a contract for the erection,
construction, alteration, or repair of any public building or other
structure, the contract shall not be altered or changed in any
manner, except:
(a) As provided in Section 20142.
(b) As provided for in the contract itself, or specifications.
(c) By order adopted by a vote of two-thirds of the board, and the
consent of the contractor.
20137. If any change or alteration of the contract is ordered, it
shall be specified in writing by a duly authorized officer of the
county. The cost of such change or alteration must be agreed upon
between the board and the contractor unless the contract includes a
provision to determine a fair and equitable price for the change or
alteration. Such a provision may provide for any method of
determining the price common in commercial transactions, including,
but not limited to, arbitration or cost plus a fixed fee. If the cost
so agreed upon:
(a) Does not exceed the amounts specified in Sections 20121 and
21031, or
(b) Does not exceed 10 percent of the original contract price, the
board may authorize the contractor to proceed with the change or
alteration without the formality of obtaining bids therefor.
No change or alteration shall be authorized the amount of which is
within the limitation specified in subdivision (b) and in excess of
the limitation specified in subdivision (a) except by four-fifths
vote of the board.
20138. If the cost of the work is reduced by reason of any
modification of the contract, compensation shall be made to the
county therefor.
20139. The board shall not pay or become liable for any extra work
done on, or extra material furnished for, any building or structure
in the course of performance of a contract let pursuant to this
article except in accordance with Section 20142, unless the contract
specifically provides for such payment or the contract is changed or
modified in the manner provided for in this article.
20140. The method of payment for construction contracts shall be
determined by the board, including progress payments for completed
portions of the work and for materials delivered on the ground or
stored subject to the control of the board and unused.
20141. The provisions of this article shall not apply to the
construction of any public building used for facilities of juvenile
forestry camps or juvenile homes, ranches or camps established under
Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, if a major portion
of the construction work is to be performed by wards of the juvenile
court assigned to such camps, ranches, or homes.
20142. (a) The board of supervisors may, by ordinance, resolution,
or board order, authorize the county engineer, or other county
officer, to order changes or additions in the work being performed
under construction contracts. When so authorized, any change or
addition in the work shall be ordered in writing by the county
engineer, or other designated officer, and the extra cost to the
county for any change or addition to the work so ordered shall not
exceed five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000),
nor 10 percent of the amount of any original contract that exceeds
fifty thousand dollars ($50,000), but does not exceed two hundred
fifty thousand dollars ($250,000).
(b) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract cost in excess of two hundred fifty thousand dollars
($250,000). In no event shall any such change or alteration exceed
two hundred ten thousand dollars ($210,000).
20143. The board may cause the insertion of provisions in any
contract for the erection, construction, alteration, or repair of any
public building or structure, or in the specifications therefor, for
the performance of such extra work and the furnishing of materials
therefor by the contractor as the board, county engineer, or other
duly authorized officer requires for the proper completion or
construction of the whole work contemplated.
20144. The provisions of this article do not apply to any contract
which is entered into between Napa County and the State of California
or any agency of the executive department of the State of
California, for the alteration or repair of the structure located in
Napa County and known as the Old Bale Mill.
20145. In counties containing a population of 6,000,000 or over,
the board of supervisors may by ordinance authorize such county
officer as is deemed appropriate to take or perform any or all acts
or actions permitted or required of the board by this article,
including the authority to adopt and advertise plans and
specifications, award contracts, approve bonds, or order the change
or alteration of contracts, with respect to original contracts which
do not exceed the total amount of seventy-five thousand dollars
($75,000), or with respect to changes or alterations to original
contracts entered into by the board where the changes or alterations
do not exceed 10 percent of the amount of the original contract or
seventy-five thousand dollars ($75,000), whichever is less. The
aggregate total amount of such changes or alterations to an original
contract may not exceed 25 percent of the amount of the original
contract. Any authorization pursuant to this section shall include
detailed procedures governing the county officer in the exercise of
such authority.
