130220. The commission may make contracts and enter into
stipulations of any nature whatsoever either in connection with
eminent domain proceedings or otherwise, including, without limiting
the generality of the foregoing, contracts and stipulations to
indemnify and save harmless, to employ labor, and to do all acts
necessary and convenient for the full exercise of the powers granted
in this division.
130220.5. (a) The commission has the power of eminent domain to
take any property necessary, incidental, or convenient to the
exercise of its powers pursuant to this division.
(b) The commission may exercise the power of eminent domain to
acquire property outside its territorial limits for environmental
mitigation purposes only if otherwise authorized by law and only to
the extent so authorized, and only with the consent of the board of
supervisors of the county in which the mitigation will occur.
(c) No action to acquire property by eminent domain within any
incorporated city or within the unincorporated area of any county
shall be commenced unless written notice is given to the legislative
body of the affected city or county, as the case may be, in
accordance with Section 1245.235 of the Code of Civil Procedure, and
the affected city or county, as the case may be, shall have the same
rights to a hearing before the commission as a person to whom notice
is otherwise required to be given under that section.
130221. The commission may contract with any department or agency
of the United States of America, with any public agency (including,
but not limited to, the Department of Transportation, the multicounty
designated transportation planning agency, or any transit district,
county, or city), or with any person upon such terms and conditions
as the commission finds is in its best interest.
130231. (a) The Los Angeles County Transportation Commission is
authorized to impose a transactions and use tax within the County of
Los Angeles pursuant to the approval by the voters of the commission'
s Ordinance No. 16 in 1980 and its Ordinance No. 49 in 1990, and has
the authority and power vested in the Southern California Rapid
Transit District to plan, design, and construct an exclusive public
mass transit guideway system in the County of Los Angeles, including,
but not limited to, Article 5 (commencing with Section 30630 of
Chapter 5 of Part 3 of Division 11).
(b) The commission shall conform to this article in letting
contracts for the construction of that system.
130232. (a) Except as provided in subdivision (f), purchase of all
supplies, equipment, and materials, and the construction of all
facilities and works, when the expenditure required exceeds
twenty-five thousand dollars ($25,000), shall be by contract let to
the lowest responsible bidder. Notice requesting bids shall be
published at least once in a newspaper of general circulation. The
publication shall be made at least 10 days before the date for the
receipt of the bids. The commission, at its discretion, may reject
any and all bids and readvertise.
(b) Except as provided for in subdivision (f), whenever the
expected expenditure required exceeds one thousand dollars ($1,000),
but not twenty-five thousand dollars ($25,000), the commission shall
obtain a minimum of three quotations, either written or oral, that
permit prices and terms to be compared.
(c) Where the expenditure required by the bid price is less than
fifty thousand dollars ($50,000), the executive director may act for
the commission.
(d) All bids for construction work submitted pursuant to this
section 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 commission.
(3) A certified check made payable to the commission.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the commission.
(e) 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 commission beyond
60 days from the date that the award was made.
(f) The following provisions apply only to the Los Angeles County
Metropolitan Transportation Authority:
(1) The contract shall be let to the lowest responsible bidder or,
in the authority's discretion, to the person who submitted a
proposal that provides the best value to the commission on the basis
of the factors identified in the solicitation when the purchase price
of all supplies, equipment, and materials exceeds one hundred
thousand dollars ($100,000). "Best value" means the overall
combination of quality, price, and other elements of a proposal that,
when considered together, provide the greatest overall benefit in
response to requirements described in the solicitation documents. The
contract shall be let to the lowest responsible bidder when the
purchase price of the construction of all facilities exceeds
twenty-five thousand dollars ($25,000).
(2) The authority shall obtain a minimum of three quotations,
either written or oral, that permit prices and terms to be compared
whenever the expected expenditure required exceeds three thousand
dollars ($3,000), but not one hundred thousand dollars ($100,000).
(3) The authority may purchase supplies, equipment, and materials
from a public auction sale, including public auctions held via the
Internet, using the procedures established for all other participants
in the public auction.
(4) The authority may participate in a procurement agreement
involving other public entities that is identified by a procuring
public entity or entities as a cooperative procuring agreement from
which other public entities may make purchases or enter into
contracts, and the authority may procure, and enter into contracts
for, items purchased pursuant to that procurement agreement,
notwithstanding that the authority may not be the procuring public
entity, provided the procurement agreement is awarded or entered into
by either of the following:
(A) One or more public entities or an organization of public
entities, which may include the authority.
(B) A federal, state, or local public entity.
(5) (A) Notwithstanding any other provision of law requiring the
authority to award contracts to the lowest responsible bidder, on
contracts above one hundred thousand dollars ($100,000), the
authority may, except as to contracts for professional services
involving private architectural, landscape architectural,
engineering, environmental, land surveying, or construction
management as defined in Sections 4525 and 4529.10 of the Government
Code, do any of the following in facilitating contract awards to
small businesses:
(i) Provide for a small business preference in construction, the
construction component of a design-build team, the procurement of
goods, or the delivery of services. The preference to a small
business shall be 5 percent of the lowest responsible bidder meeting
specifications that provide for small business participation.
(ii) Establish a subcontracting participation goal for small
businesses on contracts financed with nonfederal funds and grant a
preference of 5 percent to the lowest responsible bidders who meet
the goal.
(iii) Require bidders to make a good faith effort, in accordance
with the criteria established pursuant to subparagraph (B), prior to
the time bids are opened, to comply with the goals and requirements
established by the authority relating to participation in the
contract by small businesses.
(B) The following shall apply to bidders under this paragraph:
(i) The bidder attended any presolicitation or prebid meetings
that were scheduled by the authority to inform all bidders of the
small business enterprise program requirements for the project for
which the contract will be awarded. The authority may waive this
requirement if it determines that the bidder is informed as to those
program requirements.
(ii) The bidder identified and selected specific items of the
project for which the contract will be awarded to be performed by
small business enterprises to provide an opportunity for
participation by those enterprises.
(iii) The bidder advertised, not less than 10 calendar days before
the date the bids are opened, in one or more daily or weekly
newspapers, trade association publications or trade-oriented
publications, trade journals, or other media, specified by the
authority for small business enterprises that are interested in
participating in the project. This clause applies only if the
authority gave public notice of the project not less than 15 calendar
days prior to the date the bids are opened.
(iv) The bidder provided written notice of his or her interest in
bidding on the contract to the number of small business enterprises
required to be notified by the project specifications not less than
10 calendar days prior to the opening of bids. The authority shall
make available to the bidder not less than 15 calendar days prior to
the date the bids are opened a list or a source of lists of
enterprises which are certified by the authority as small business
enterprises.
(v) The bidder followed up initial solicitations of interest by
contacting the enterprises to determine with certainty whether the
enterprises were interested in performing specific items of the
project.
(vi) The bidder provided interested small business enterprises
with information about the plans, specifications, and requirements
for the selected subcontracting or material supply work.
(vii) The bidder requested assistance from small business
community organizations; small business contractor groups; local,
state, or small business assistance offices; or other organizations
that provide assistance in the recruitment and placement of small
business enterprises, if any are available.
(viii) The bidder negotiated in good faith with the small business
enterprises, and did not unjustifiably reject as unsatisfactory bids
prepared by any small business enterprises, as determined by the
authority.
(ix) Where applicable, the bidder advised and made efforts to
assist interested small business enterprises in obtaining bonds,
lines of credit, or insurance required by the authority or
contractor.
(x) The bidder's efforts to obtain small business enterprise
participation could reasonably be expected by the authority to
produce a level of participation sufficient to meet the goals and
requirements of the authority.
(C) "Small business enterprise" as used in this paragraph, means a
business enterprise that is classified as a small business under
United States Small Business Administration rules and meets the
current small business enterprise size standards found in 13 CFR Part
121 appropriate to the type of work the enterprise seeks to perform.
The authority may establish limitations regarding the average annual
gross receipts of a small business over the previous three fiscal
years and establish limitations regarding the personal net worth of
the owner of the small business, exclusive of the value of the owner'
s personal residence.
130233. If, after rejecting bids received under Section 130232 the
commission determines and declares, by a two-thirds vote of all of
its members, that the supplies, equipment, or materials may be
purchased at a lower price in the open market, the commission may
proceed to purchase those supplies, equipment, or materials in the
open market without further observance of the provisions in this
article regarding contracts, bids, advertisement, or notice.
130234. In case of any great public calamity, such as an
extraordinary fire, flood, storm, epidemic, or other disaster, or
interruption of contracts essential to the provision of daily transit
service or catastrophic failure of revenue-producing equipment or
facilities, the commission may, by resolution passed by a two-thirds
vote of all its members, declare and determine that public interest
and necessity demand the immediate expenditure of public money to
safeguard life, health, or property, and thereupon proceed to expend
or enter into a contract involving the expenditure of any sum needed
in the emergency without observance of the provisions in this article
regarding contracts, bids, advertisement, or notice.
130235. (a) Upon determining that immediate remedial measures to
avert or alleviate damage to property, or to replace, repair, or
restore damaged or destroyed property, of the commission are
necessary in order to ensure that the facilities of the commission
are available to serve the transportation needs of the general
public, and upon determining that available remedial measures,
including procurement or construction in compliance with Sections
130232, 130233, and 130234 are inadequate, the executive director may
authorize the expenditure of money previously appropriated
specifically by the commission for the direct purchases of goods and
services, without following those sections.
(b) The executive director shall, after any such expenditure,
submit to the commission a full report explaining the necessity for
the action.
130236. Notwithstanding Section 130232, and upon a finding by
two-thirds vote of all members of the commission that the proposed
purchase in compliance with Sections 130232 and 130233 does not
constitute a method of procurement adequate for the operation of
commission facilities or equipment, the commission may direct the
procurement of prototype equipment or modifications in an amount
sufficient to conduct and evaluate operational testing without
further observance of any provisions in this article regarding
contracts, bids, advertisements, or notice.
130237. Notwithstanding Section 130232, the commission may direct
the purchase of any supply, equipment, or material without observance
of any provision in this article regarding contracts, bids,
advertisement, or notice upon a finding by two-thirds of all members
of the commission that there is only a single source of procurement
therefor and that the purchase is for the sole purpose of duplicating
or replacing supply, equipment, or material already in use.
130238. (a) The Legislature finds and declares that (1) because of
the highly specialized and unique nature of all rail transit
equipment, (2) because of products and materials which are undergoing
rapid technological changes, and (3) for the introduction of new
technological changes into the operations of the commission, it may
be in the public interest to consider, in addition to price, factors
such as vendor financing, performance reliability, standardization,
life-cycle costs, delivery timetables, support logistics, and the
broadest possible range of competing products and materials
available, fitness of purchase, manufacturer's warranty, and similar
factors in the award of contracts for these vehicles and equipment.
(b) This section applies only to the purchase by the commission of
(1) specialized rail transit equipment, including rail cars, and (2)
computers, telecommunications equipment, fare collections equipment,
microwave equipment, and other related electronic equipment and
apparatus. This section does not apply to contracts for construction
or for the procurement of any product available in substantial
quantities to the general public.
(c) The commission may, after finding by a two-thirds vote of all
of its members that a particular procurement qualifies under
subdivision (b), direct that the procurement be conducted through
competitive negotiation under this section. For purposes of this
section, competitive negotiation includes, but is not limited to, all
of the following requirements:
(1) The request for proposals shall be prepared and submitted to
an adequate number of qualified sources, as determined by the
commission, to permit reasonable competition consistent with the
nature and requirement of the procurement.
(2) Notice of the request for proposals shall be published at
least twice in a newspaper of general circulation, at least 10 days
before the date for receipt of the proposals.
(3) The commission shall make every effort to generate the maximum
feasible number of proposals from qualified sources and shall make a
finding to that effect before proceeding to negotiate if only a
single response to the request for proposals is received.
(4) The request for proposals shall identify all significant
evaluation factors, including price, and their relative importance.
(5) The commission shall provide reasonable procedures for
technical evaluation of the proposals received, identification of
qualified sources, and selection for contract award.
(6) Award shall be made to the qualified proposer whose proposal
will be most advantageous to the commission with price and all other
factors considered.
(7) If award is not made to the bidder whose proposal contains the
lowest price, the commission shall make a finding setting forth the
basis for the award.
(d) The commission, at its discretion, may reject any and all
proposals and request new proposals.
(e) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
follows:
(1) Protests based on the content of the request for proposals
shall be filed with the commission within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (c). The commission shall issue a written decision on the
protest prior to opening of proposals. A protest may be renewed by
refiling the protest with the commission within 15 calendar days
after the mailing of the notice of the recommended award.
(2) Any bidder may protest the recommended award on any ground not
based upon the content of the request for proposals by filing a
protest with the commission within 15 calendar days after the mailing
of the notice of the recommended award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity to
appear and be heard before the commission prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, or prior to final award in the case of protests based
on other grounds or the renewal of protests based on the content of
the request for proposals.
(f) Provisions in any contract concerning women and minority
business enterprises, which provisions are in accordance with the
request for proposals, shall not be subject to negotiation with the
successful bidder.
130239. In order to facilitate the participation of minority-owned
and women-owned businesses and disadvantaged individuals in
activities and contracts of the commission, to the extent that the
provisions of Executive Order 11246 of September 24, 1965, as
amended, and Chapter 60 (commencing with Section 60.1) of Title 41
and Part 23 (commencing with Section 23.1) of Title 49 of the Code of
Federal Regulations are not applicable, the commission has the
authority to develop a program to implement similar provisions
applicable to its activities and contracts.
130240. (a) "Transit" means as defined in Section 40005.
(b) (1) The Orange County Transportation Authority may acquire,
construct, develop, lease, jointly develop, own, operate, maintain,
control, use, jointly use, or dispose of rights-of-way, rail lines,
monorails, guideways, buslines, stations, platforms, switches, yards,
terminals, parking lots, air rights, land rights, development
rights, entrances and exits, and any and all other facilities for,
incidental to, necessary for, or convenient for transit service,
including, but not limited to, facilities and structures physically
or functionally related to transit service, within or partly without
the county, underground, upon, or above the ground and under, upon or
over public streets, highways, bridges, or other public ways or
waterways, together with all physical structures necessary for,
incidental to, or convenient for the access of persons and vehicles
thereto, and may acquire, lease, sell, or otherwise contract with
respect to any interest in or rights to the use or joint use of any
or all of the foregoing. However, installations on state freeways are
subject to the approval of the Department of Transportation and
installations in other state highways are subject to Article 2
(commencing with Section 670) of Chapter 3 of Division 1 of the
Streets and Highways Code.
(2) With respect to the segment of State Highway Route 91 between
State Highway Route 15 and State Highway Route 55 only, the Orange
County Transportation Authority may exercise all of the powers
contained in paragraph (1) that apply to streets, highways, bridges,
and connector roads.
(3) The exercise of the powers provided to the Orange County
Transportation Authority in paragraph (2) is subject to approval by
the Board of Supervisors of Riverside County and the Riverside County
Transportation Commission and in consultation with the advisory
committee described in Section 130245 as it relates to the use of
those powers in Riverside County under the terms of the franchise
agreement described in subdivision (c).
(c) If the Orange County Transportation Authority requests, the
department shall approve the assignment to the Orange County
Transportation Authority of the Amended and Restated Development
Franchise Agreement, as amended, between the department and the
California Private Transportation Company, L.P. (CPTC) for the State
Highway Route 91 median improvements as authorized by Section 143 of
the Streets and Highways Code, subject to the requirement that
subdivisions (a) to (f), inclusive, of Section 2 of Article 3 of the
restated franchise agreement be deleted in their entirety in the
event that CPTC and the authority agree to the assignment of all of
CPTC's interests in the franchise agreement to the authority.
(d) The Orange County Transportation Authority shall have the
authority to impose tolls for use of the State Highway Route 91
facilities as authorized by the franchise agreement.
(e) (1) Toll revenues from the use of State Highway Route 91
facilities between State Highway Route 55 and the Orange and
Riverside County line shall only be used by the Orange County
Transportation Authority for the following expenditures relative to
the State Highway Route 91 express lanes and for the purposes of
paragraph (2):
(A) Capital, operations, and maintenance, including, but not
limited to, toll collection and enforcement.
(B) Repair and rehabilitation.
(C) Payment of purchase costs, debt service, and satisfaction of
other covenants and obligations related to indebtedness.
(D) Reserves.
(E) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between State
Highway Route 57 to the west and the Orange and Riverside county line
to the east.
(3) The Orange County Transportation Authority, in consultation
with the department and the Riverside County Transportation
Commission, shall issue a plan and a proposed completion schedule for
transportation improvements in the State Highway Route 91 corridor.
The Orange County Transportation Authority shall update the plan on
an annual basis.
(f) The Orange County Transportation Authority may incur
indebtedness and obligations, and may issue bonds, refund bonds, and
assume existing bonds for purposes authorized by this section.
Indebtedness and bonds issued under this section do not constitute a
debt or liability of the state or any other public agency, other than
the authority, or a pledge of the faith and credit of the state or
any other public agency, other than the authority. Bonds issued under
this section shall not be deemed to constitute a debt or liability
of the state or any political subdivision thereof, other than the
bank and the authority, or a pledge of the faith and credit of the
state or of any political subdivision, but shall be payable solely
from the revenues and assets pledged to the repayment of the bonds.
All bonds issued under this section shall contain on the face of the
bond a statement to the same effect.
(g) Notwithstanding Section 143 of the Streets and Highways Code,
the State Highway Route 91 facility constructed and operated under
the authority of a franchise agreement approved pursuant to that
section shall revert to the state at the expiration of the lease or
termination of the franchise agreement at no cost to the state. Upon
reversion, the facility shall be delivered to the department in a
condition that meets the performance and maintenance standards
established by the department.
(h) The Orange County Transportation Authority shall not impose
tolls for the use of nor construct and operate State Highway Route 91
facilities in the County of Riverside without prior approval by the
Board of Supervisors of the County of Riverside, the Riverside County
Transportation Commission, and the advisory committee.
(i) The Orange County Transportation Authority shall not sell or
assign its interest in the franchise agreement without approval by
the Legislature by enactment of a statute provided that approval
shall not be required in connection with granting rights and remedies
to lenders under Article 16 of the restated franchise agreement.
(j) If the Orange County Transportation Authority decides to sell
or assign its interest in the franchise agreement, the Orange County
Transportation Authority shall provide written notice at least 90
days in advance of the date they submit their request for approval by
the department pursuant to this subdivision. The written notice
shall be provided to the advisory committee created pursuant to
Section 130245 and to the Riverside County Transportation Commission.
(k) The Orange County Transportation Authority shall be authorized
to eliminate its rights, interests, and obligations relative to
State Highway Route 91 in Riverside County, either by partial
assignment to the Riverside County Transportation Commission, or by
amendment to the restated franchise agreement, as amended. In the
event of a partial assignment or amendment, the department shall
consent and the term of the restated franchise agreement, as amended
by the partial assignment or amendment, shall be extended to a date
determined by the authority, which date shall be no later than
December 31, 2065.
(l) If the Riverside County Transportation Commission constructs
and operates toll facilities on State Highway Route 91 between the
Orange County border and State Highway Route 15, then it is the
intent of the Legislature that the Riverside County Transportation
Commission and the Orange County Transportation Authority enter into
an agreement providing for the coordination of the respective toll
facilities operated by each entity on State Highway Route 91.
130240.1. (a) The Orange County Transportation Authority may enter
into agreements for the joint use or joint development of any
property or rights by the authority and any city, public agency, or
public utility operating transit facilities or nontransit facilities,
or both, or any other person, firm, corporation, association,
organization, or other entity, public or private, either, in whole or
in part, within or outside the county, for the joint use or
development of any property of the authority or of the city, public
agency, public utility, person, firm, corporation, association,
organization, or other entity, public or private, for the
establishment of through routes, joint fares, station cost-sharing,
connector fees, or land, air, or development rights, sales or
leasing, transfer of passengers, pooling arrangements, or for any
other purpose necessary for, incidental to, or convenient for the
full exercise of the powers granted in this chapter. As to any
service which the authority is authorized to perform pursuant to this
chapter, the authority may contract for the performance of the
service by any city, county, or public utility the territory of which
is, in whole or in part, within the county.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, construction, or operation of
authority facilities or development projects adjacent, or physically
or functionally related, to authority facilities.
(c) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a transit system.
130240.5. Notwithstanding any other provision of law, the Orange
County Transportation Authority may acquire rights-of-way from
willing sellers for the following projects:
(a) Addition of auxiliary westbound lane to State Route 91, from
Interstate 5 to State Route 57, in Orange County.
(b) State Route 57 northbound widening, from Katella Avenue to
Lincoln Avenue, in Orange County.
130241. All the provisions of the Orange County Transit District
Act of 1965 (Part 4 (commencing with Section 40000) of Division 10),
regarding the powers and functions of the Orange County Transit
District shall be equally applicable to the Orange County
Transportation Authority as if set forth herein, and shall be in
addition to the powers and functions set forth in this division. The
authority shall determine which provisions are applicable to the
authority.
130242. (a) In addition to the other powers it possesses, the
authority may enter into contracts with private entities, the scope
of which may combine within a single contract all or some of the
planning, design, permitting, development, joint development,
construction, construction management, acquisition, leasing,
installation, and warranty of all or components of (1) transit
systems, including, without limitation, passenger loading or
intermodal station facilities, and (2) facilities on real property
owned or to be owned by the authority.
(b) The authority may award contracts pursuant to subdivision (a)
after a finding, by a two-thirds vote of the members of the
authority, that awarding the contract under this section will achieve
for the authority, among other things, certain private sector
efficiencies in the integration of design, project work, and
components.
(c) A contract awarded pursuant to this section may include
operation and maintenance elements, if the inclusion of those
elements (1) is necessary, in the reasonable judgment of the
authority, to assess vendor representations and warranties,
performance guarantees, or life cycle efficiencies, and (2) does not
conflict with collective bargaining agreements to which the authority
is a party.
(d) Any construction, alteration, demolition, repairs or other
works of improvement performed under a contract awarded pursuant to
this section shall be considered a public works project subject to
Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of
the Labor Code, and shall be enforced by the Department of Industrial
Relations in the same way it carries out this responsibility under
the Labor Code.
(e) A contract under this section shall be let to the lowest
responsible bidder whose bid is responsive to the criteria set forth
in the invitation for bids. Notice requesting bids shall be published
at least once in a newspaper of general circulation. The publication
shall be made at least 60 days before the receipt of the bids. The
authority, at its discretion, may reject any and all bids, and may
readvertise. All bids submitted pursuant to this section shall be
presented under sealed cover and shall be accompanied by one of the
following forms of bidder security: (1) cash, (2) a cashier's check
made payable to the authority, (3) a certified check made payable to
the authority, or (4) a bidder's bond executed by an admitted surety
insurer, made payable to the authority. Upon an award to the lowest
responsible bidder, the security of each unsuccessful bidder shall be
returned in a reasonable period of time, but in no event shall that
security be held by the authority beyond 60 days from the time the
award is made.
130243. The Los Angeles County Metropolitan Transportation
Authority shall adopt a change order procedure for contracts awarded
by the authority that includes each of the following requirements:
(a) When a change order is proposed, the contract administrator of
the authority shall be notified and shall determine whether a change
order is required. After consulting with the general counsel of the
authority and appropriate technical advisers, the contract
administrator shall either approve or disapprove the proposed
contract change order.
(b) The general counsel of the authority shall be consulted on the
proposed change order at the earliest possible time to consider and
render advice on the legal implications of the proposed change. The
contract administrator shall not approve a proposed change order
unless the general counsel recommends changing the terms of the
contract.
(c) The contract administrator shall require the contractor to
submit certified cost and pricing data for the proposed change, and
shall require an internal fiscal audit of any proposed change order
when cost and pricing data would be required under federal
acquisition regulations contained in Subpart 15.4 of Part 15 of
Subchapter C of Chapter 1 of Title 48 of the Code of Federal
Regulations.
(d) The opinions of informed individuals working on the contract
who oppose the adoption of a proposed change order shall be
documented and be taken into consideration by the authority's change
control board when determining whether a contract change is
warranted.
130244. (a) For the purposes of this section, the following terms
shall have the following meanings:
(1) "Authority" means the Orange County Transportation Authority.
(2) "Bonds" means bonds, notes, or other evidences of indebtedness
authorized to be issued pursuant to paragraph (4) of subdivision
(c).
(3) "Commission" means the Riverside County Transportation
Commission.
(4) "Department" means the Department of Transportation.
(5) "Franchise agreement" means the franchise agreement assigned
to the authority pursuant to subdivision (c) of Section 130240.
(6) "Transportation facilities" means one or more of the following
on State Highway Route 91 between the Orange and Riverside County
line to the west and State Highway Route 15 to the east: (A) general
purpose toll lanes; (B) lanes or facilities where the tolls may be
levied and may vary according to levels of congestion anticipated or
experienced or according to the occupancy of the vehicle; and (C)
facilities or lanes utilizing combinations of or variations on (A) or
(B), or other strategies the commission may determine appropriate on
a facility-by-facility basis.
(7) "Transportation project" means the planning, design,
development, financing, construction, reconstruction, rehabilitation,
improvement, acquisition, lease, operation, or maintenance, or any
combination of these, with respect to tolled and nontolled
facilities, structures, onramps, connector roads, bridges, and
roadways that are on, necessary for, or related to the construction
or operation of State Highway Route 91 between the Orange and
Riverside County line to the west and State Highway Route 15 to the
east.
(b) Pursuant to subdivision (l) of Section 130240, the authority
may amend, assign, or terminate the Riverside County portion of the
franchise agreement in the interest of advancing the transportation
project described in paragraph (7) of subdivision (a). The
department, upon request of the authority, shall approve an amendment
to the franchise agreement to eliminate any portion of State Highway
Route 91 within Riverside County from the franchise agreement.
(c) (1) The commission shall have the authority to set, levy, and
collect tolls, user fees, or other similar charges payable for use of
the transportation facilities, and any other incidental or related
fees or charges, in amounts as required for the following
expenditures relative to the transportation facilities as defined in
paragraph (6) of subdivision (a) and for purposes of paragraph (2):
(A) Capital outlay, including the costs of design, construction,
right-of-way acquisition, and utility adjustment.
(B) Operations and maintenance, including, but not limited to,
toll collection and enforcement.
(C) Repair and rehabilitation.
(D) Indebtedness incurred, including related financing costs.
(E) Reserves.
(F) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between the
Orange and Riverside county line to the west and State Highway Route
15 to the east.
(3) The commission, in consultation with the authority and the
department, shall issue a plan of transportation improvements for the
State Highway Route 91 corridor, which shall include projected
costs, the use of toll revenues, and a proposed completion schedule.
This plan shall be updated annually. The plan and each annual update
shall be made available for public review and comment no less than 30
days prior to adoption by the commission.
(4) The commission is authorized to issue bonds to finance the
costs of the transportation project, including the costs of issuing
the bonds and paying credit enhancement and other fees related to the
bonds, which bonds are payable from the tolls authorized pursuant to
paragraph (1), sales tax revenues, development impact fees, federal
grant funds, or any other source of revenues available to the
commission that may be used for these purposes. The bonds may be sold
pursuant to the terms and conditions set forth in a resolution
adopted by the governing board of the commission. Bonds shall be
issued pursuant to a resolution adopted by a two-thirds vote of the
commission. Any bond issued pursuant to this paragraph shall contain
on its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal or
interest of this bond."
(5) The department is authorized to enter into any lease,
easement, permit, or other agreement with the commission necessary to
accomplish the purposes of this section.
(6) The commission shall have the authority to impose tolls for
use of the transportation facilities for 50 years following the
opening of the transportation facilities for public use, after which
time the commission shall have no further authority to impose or to
collect a toll for use of transportation facilities on State Highway
Route 91, unless reauthorized by the Legislature. The transportation
facilities shall revert to the department after the bonds issued
pursuant to this section are paid off in their entirety, unless tolls
have been reauthorized by the Legislature. Upon reversion, the
facilities shall be delivered to the department in a condition that
meets the performance and maintenance standards established by the
department.
(7) The commission shall make available for public review and
comment the toll schedule and any subsequent proposed changes to the
schedule no less than 30 days prior to the adoption by the commission
of a toll schedule.
(d) This section shall be supplemental and in addition to any
other authority of the commission to undertake the transportation
project.
(e) This section shall not prevent the department or any local
agency from constructing facilities within the State Highway Route 91
corridor that compete with the transportation project, and in no
event shall the commission be entitled to compensation for the
adverse effects on toll revenues due to those facilities.
(f) If any provision of this section or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of this section that can be given effect without the
invalid provision or application, and to this extent the provisions
of this section are severable.
(g) This section shall not apply to State Highway Route 91 between
the Orange and Riverside County line and State Highway Route 15
unless the authority amends or partially assigns the restated
franchise agreement, as amended, between the department and the
authority to exclude that portion of State Highway Route 91 from the
restated franchise agreement, as amended.
130245. (a) An advisory committee shall be created to review issues
and make recommendations to the Orange County Transportation
Authority and the Riverside County Transportation Commission
regarding the facilities authorized pursuant to Sections 130240 and
130244, including tolls imposed, operations, maintenance,
interoperability, and use of toll revenues, and improvements in the
State Highway Route 91 corridor, including the identification and
siting of alternative highways. The committee shall consist of 10
voting members and three nonvoting members, as follows:
(1) Five members of the Board of Directors of the Orange County
Transportation Authority appointed by that board.
(2) Five members of the Riverside County Transportation Commission
appointed by that commission.
(3) One member of the San Bernardino Associated Governments
appointed by that body, and the district directors of Districts 8 and
12 of the Department of Transportation, all of whom shall be
nonvoting members.
(b) The advisory committee shall establish rules for the conduct
of committee meetings, which rules shall be approved by both the
Orange County Transportation Authority and the Riverside County
Transportation Commission. The authority and the commission may
appoint alternates to the committee.
(c) When reviewing the initial toll structure proposed by the
Orange County Transportation Authority and the Riverside County
Transportation Commission or any changes to the toll structure, the
advisory committee shall place an information item on a regularly
scheduled agenda for public comment and consideration of the advisory
committee.
(d) The Orange County Transportation Authority shall conduct an
audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130240. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(e) The Riverside County Transportation Commission shall conduct
an audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130244. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(f) The Orange County Transportation Authority and the Riverside
County Transportation Commission shall equally share all costs
associated with this section. None of these costs shall be paid from
state funds.
130220. The commission may make contracts and enter into
stipulations of any nature whatsoever either in connection with
eminent domain proceedings or otherwise, including, without limiting
the generality of the foregoing, contracts and stipulations to
indemnify and save harmless, to employ labor, and to do all acts
necessary and convenient for the full exercise of the powers granted
in this division.
130220.5. (a) The commission has the power of eminent domain to
take any property necessary, incidental, or convenient to the
exercise of its powers pursuant to this division.
(b) The commission may exercise the power of eminent domain to
acquire property outside its territorial limits for environmental
mitigation purposes only if otherwise authorized by law and only to
the extent so authorized, and only with the consent of the board of
supervisors of the county in which the mitigation will occur.
(c) No action to acquire property by eminent domain within any
incorporated city or within the unincorporated area of any county
shall be commenced unless written notice is given to the legislative
body of the affected city or county, as the case may be, in
accordance with Section 1245.235 of the Code of Civil Procedure, and
the affected city or county, as the case may be, shall have the same
rights to a hearing before the commission as a person to whom notice
is otherwise required to be given under that section.
130221. The commission may contract with any department or agency
of the United States of America, with any public agency (including,
but not limited to, the Department of Transportation, the multicounty
designated transportation planning agency, or any transit district,
county, or city), or with any person upon such terms and conditions
as the commission finds is in its best interest.
130231. (a) The Los Angeles County Transportation Commission is
authorized to impose a transactions and use tax within the County of
Los Angeles pursuant to the approval by the voters of the commission'
s Ordinance No. 16 in 1980 and its Ordinance No. 49 in 1990, and has
the authority and power vested in the Southern California Rapid
Transit District to plan, design, and construct an exclusive public
mass transit guideway system in the County of Los Angeles, including,
but not limited to, Article 5 (commencing with Section 30630 of
Chapter 5 of Part 3 of Division 11).
(b) The commission shall conform to this article in letting
contracts for the construction of that system.
130232. (a) Except as provided in subdivision (f), purchase of all
supplies, equipment, and materials, and the construction of all
facilities and works, when the expenditure required exceeds
twenty-five thousand dollars ($25,000), shall be by contract let to
the lowest responsible bidder. Notice requesting bids shall be
published at least once in a newspaper of general circulation. The
publication shall be made at least 10 days before the date for the
receipt of the bids. The commission, at its discretion, may reject
any and all bids and readvertise.
(b) Except as provided for in subdivision (f), whenever the
expected expenditure required exceeds one thousand dollars ($1,000),
but not twenty-five thousand dollars ($25,000), the commission shall
obtain a minimum of three quotations, either written or oral, that
permit prices and terms to be compared.
(c) Where the expenditure required by the bid price is less than
fifty thousand dollars ($50,000), the executive director may act for
the commission.
(d) All bids for construction work submitted pursuant to this
section 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 commission.
(3) A certified check made payable to the commission.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the commission.
(e) 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 commission beyond
60 days from the date that the award was made.
(f) The following provisions apply only to the Los Angeles County
Metropolitan Transportation Authority:
(1) The contract shall be let to the lowest responsible bidder or,
in the authority's discretion, to the person who submitted a
proposal that provides the best value to the commission on the basis
of the factors identified in the solicitation when the purchase price
of all supplies, equipment, and materials exceeds one hundred
thousand dollars ($100,000). "Best value" means the overall
combination of quality, price, and other elements of a proposal that,
when considered together, provide the greatest overall benefit in
response to requirements described in the solicitation documents. The
contract shall be let to the lowest responsible bidder when the
purchase price of the construction of all facilities exceeds
twenty-five thousand dollars ($25,000).
(2) The authority shall obtain a minimum of three quotations,
either written or oral, that permit prices and terms to be compared
whenever the expected expenditure required exceeds three thousand
dollars ($3,000), but not one hundred thousand dollars ($100,000).
(3) The authority may purchase supplies, equipment, and materials
from a public auction sale, including public auctions held via the
Internet, using the procedures established for all other participants
in the public auction.
(4) The authority may participate in a procurement agreement
involving other public entities that is identified by a procuring
public entity or entities as a cooperative procuring agreement from
which other public entities may make purchases or enter into
contracts, and the authority may procure, and enter into contracts
for, items purchased pursuant to that procurement agreement,
notwithstanding that the authority may not be the procuring public
entity, provided the procurement agreement is awarded or entered into
by either of the following:
(A) One or more public entities or an organization of public
entities, which may include the authority.
(B) A federal, state, or local public entity.
(5) (A) Notwithstanding any other provision of law requiring the
authority to award contracts to the lowest responsible bidder, on
contracts above one hundred thousand dollars ($100,000), the
authority may, except as to contracts for professional services
involving private architectural, landscape architectural,
engineering, environmental, land surveying, or construction
management as defined in Sections 4525 and 4529.10 of the Government
Code, do any of the following in facilitating contract awards to
small businesses:
(i) Provide for a small business preference in construction, the
construction component of a design-build team, the procurement of
goods, or the delivery of services. The preference to a small
business shall be 5 percent of the lowest responsible bidder meeting
specifications that provide for small business participation.
(ii) Establish a subcontracting participation goal for small
businesses on contracts financed with nonfederal funds and grant a
preference of 5 percent to the lowest responsible bidders who meet
the goal.
(iii) Require bidders to make a good faith effort, in accordance
with the criteria established pursuant to subparagraph (B), prior to
the time bids are opened, to comply with the goals and requirements
established by the authority relating to participation in the
contract by small businesses.
(B) The following shall apply to bidders under this paragraph:
(i) The bidder attended any presolicitation or prebid meetings
that were scheduled by the authority to inform all bidders of the
small business enterprise program requirements for the project for
which the contract will be awarded. The authority may waive this
requirement if it determines that the bidder is informed as to those
program requirements.
(ii) The bidder identified and selected specific items of the
project for which the contract will be awarded to be performed by
small business enterprises to provide an opportunity for
participation by those enterprises.
(iii) The bidder advertised, not less than 10 calendar days before
the date the bids are opened, in one or more daily or weekly
newspapers, trade association publications or trade-oriented
publications, trade journals, or other media, specified by the
authority for small business enterprises that are interested in
participating in the project. This clause applies only if the
authority gave public notice of the project not less than 15 calendar
days prior to the date the bids are opened.
(iv) The bidder provided written notice of his or her interest in
bidding on the contract to the number of small business enterprises
required to be notified by the project specifications not less than
10 calendar days prior to the opening of bids. The authority shall
make available to the bidder not less than 15 calendar days prior to
the date the bids are opened a list or a source of lists of
enterprises which are certified by the authority as small business
enterprises.
(v) The bidder followed up initial solicitations of interest by
contacting the enterprises to determine with certainty whether the
enterprises were interested in performing specific items of the
project.
(vi) The bidder provided interested small business enterprises
with information about the plans, specifications, and requirements
for the selected subcontracting or material supply work.
(vii) The bidder requested assistance from small business
community organizations; small business contractor groups; local,
state, or small business assistance offices; or other organizations
that provide assistance in the recruitment and placement of small
business enterprises, if any are available.
(viii) The bidder negotiated in good faith with the small business
enterprises, and did not unjustifiably reject as unsatisfactory bids
prepared by any small business enterprises, as determined by the
authority.
(ix) Where applicable, the bidder advised and made efforts to
assist interested small business enterprises in obtaining bonds,
lines of credit, or insurance required by the authority or
contractor.
(x) The bidder's efforts to obtain small business enterprise
participation could reasonably be expected by the authority to
produce a level of participation sufficient to meet the goals and
requirements of the authority.
(C) "Small business enterprise" as used in this paragraph, means a
business enterprise that is classified as a small business under
United States Small Business Administration rules and meets the
current small business enterprise size standards found in 13 CFR Part
121 appropriate to the type of work the enterprise seeks to perform.
The authority may establish limitations regarding the average annual
gross receipts of a small business over the previous three fiscal
years and establish limitations regarding the personal net worth of
the owner of the small business, exclusive of the value of the owner'
s personal residence.
130233. If, after rejecting bids received under Section 130232 the
commission determines and declares, by a two-thirds vote of all of
its members, that the supplies, equipment, or materials may be
purchased at a lower price in the open market, the commission may
proceed to purchase those supplies, equipment, or materials in the
open market without further observance of the provisions in this
article regarding contracts, bids, advertisement, or notice.
130234. In case of any great public calamity, such as an
extraordinary fire, flood, storm, epidemic, or other disaster, or
interruption of contracts essential to the provision of daily transit
service or catastrophic failure of revenue-producing equipment or
facilities, the commission may, by resolution passed by a two-thirds
vote of all its members, declare and determine that public interest
and necessity demand the immediate expenditure of public money to
safeguard life, health, or property, and thereupon proceed to expend
or enter into a contract involving the expenditure of any sum needed
in the emergency without observance of the provisions in this article
regarding contracts, bids, advertisement, or notice.
130235. (a) Upon determining that immediate remedial measures to
avert or alleviate damage to property, or to replace, repair, or
restore damaged or destroyed property, of the commission are
necessary in order to ensure that the facilities of the commission
are available to serve the transportation needs of the general
public, and upon determining that available remedial measures,
including procurement or construction in compliance with Sections
130232, 130233, and 130234 are inadequate, the executive director may
authorize the expenditure of money previously appropriated
specifically by the commission for the direct purchases of goods and
services, without following those sections.
(b) The executive director shall, after any such expenditure,
submit to the commission a full report explaining the necessity for
the action.
130236. Notwithstanding Section 130232, and upon a finding by
two-thirds vote of all members of the commission that the proposed
purchase in compliance with Sections 130232 and 130233 does not
constitute a method of procurement adequate for the operation of
commission facilities or equipment, the commission may direct the
procurement of prototype equipment or modifications in an amount
sufficient to conduct and evaluate operational testing without
further observance of any provisions in this article regarding
contracts, bids, advertisements, or notice.
130237. Notwithstanding Section 130232, the commission may direct
the purchase of any supply, equipment, or material without observance
of any provision in this article regarding contracts, bids,
advertisement, or notice upon a finding by two-thirds of all members
of the commission that there is only a single source of procurement
therefor and that the purchase is for the sole purpose of duplicating
or replacing supply, equipment, or material already in use.
130238. (a) The Legislature finds and declares that (1) because of
the highly specialized and unique nature of all rail transit
equipment, (2) because of products and materials which are undergoing
rapid technological changes, and (3) for the introduction of new
technological changes into the operations of the commission, it may
be in the public interest to consider, in addition to price, factors
such as vendor financing, performance reliability, standardization,
life-cycle costs, delivery timetables, support logistics, and the
broadest possible range of competing products and materials
available, fitness of purchase, manufacturer's warranty, and similar
factors in the award of contracts for these vehicles and equipment.
(b) This section applies only to the purchase by the commission of
(1) specialized rail transit equipment, including rail cars, and (2)
computers, telecommunications equipment, fare collections equipment,
microwave equipment, and other related electronic equipment and
apparatus. This section does not apply to contracts for construction
or for the procurement of any product available in substantial
quantities to the general public.
(c) The commission may, after finding by a two-thirds vote of all
of its members that a particular procurement qualifies under
subdivision (b), direct that the procurement be conducted through
competitive negotiation under this section. For purposes of this
section, competitive negotiation includes, but is not limited to, all
of the following requirements:
(1) The request for proposals shall be prepared and submitted to
an adequate number of qualified sources, as determined by the
commission, to permit reasonable competition consistent with the
nature and requirement of the procurement.
(2) Notice of the request for proposals shall be published at
least twice in a newspaper of general circulation, at least 10 days
before the date for receipt of the proposals.
(3) The commission shall make every effort to generate the maximum
feasible number of proposals from qualified sources and shall make a
finding to that effect before proceeding to negotiate if only a
single response to the request for proposals is received.
(4) The request for proposals shall identify all significant
evaluation factors, including price, and their relative importance.
(5) The commission shall provide reasonable procedures for
technical evaluation of the proposals received, identification of
qualified sources, and selection for contract award.
(6) Award shall be made to the qualified proposer whose proposal
will be most advantageous to the commission with price and all other
factors considered.
(7) If award is not made to the bidder whose proposal contains the
lowest price, the commission shall make a finding setting forth the
basis for the award.
(d) The commission, at its discretion, may reject any and all
proposals and request new proposals.
(e) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
follows:
(1) Protests based on the content of the request for proposals
shall be filed with the commission within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (c). The commission shall issue a written decision on the
protest prior to opening of proposals. A protest may be renewed by
refiling the protest with the commission within 15 calendar days
after the mailing of the notice of the recommended award.
(2) Any bidder may protest the recommended award on any ground not
based upon the content of the request for proposals by filing a
protest with the commission within 15 calendar days after the mailing
of the notice of the recommended award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity to
appear and be heard before the commission prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, or prior to final award in the case of protests based
on other grounds or the renewal of protests based on the content of
the request for proposals.
(f) Provisions in any contract concerning women and minority
business enterprises, which provisions are in accordance with the
request for proposals, shall not be subject to negotiation with the
successful bidder.
130239. In order to facilitate the participation of minority-owned
and women-owned businesses and disadvantaged individuals in
activities and contracts of the commission, to the extent that the
provisions of Executive Order 11246 of September 24, 1965, as
amended, and Chapter 60 (commencing with Section 60.1) of Title 41
and Part 23 (commencing with Section 23.1) of Title 49 of the Code of
Federal Regulations are not applicable, the commission has the
authority to develop a program to implement similar provisions
applicable to its activities and contracts.
130240. (a) "Transit" means as defined in Section 40005.
(b) (1) The Orange County Transportation Authority may acquire,
construct, develop, lease, jointly develop, own, operate, maintain,
control, use, jointly use, or dispose of rights-of-way, rail lines,
monorails, guideways, buslines, stations, platforms, switches, yards,
terminals, parking lots, air rights, land rights, development
rights, entrances and exits, and any and all other facilities for,
incidental to, necessary for, or convenient for transit service,
including, but not limited to, facilities and structures physically
or functionally related to transit service, within or partly without
the county, underground, upon, or above the ground and under, upon or
over public streets, highways, bridges, or other public ways or
waterways, together with all physical structures necessary for,
incidental to, or convenient for the access of persons and vehicles
thereto, and may acquire, lease, sell, or otherwise contract with
respect to any interest in or rights to the use or joint use of any
or all of the foregoing. However, installations on state freeways are
subject to the approval of the Department of Transportation and
installations in other state highways are subject to Article 2
(commencing with Section 670) of Chapter 3 of Division 1 of the
Streets and Highways Code.
(2) With respect to the segment of State Highway Route 91 between
State Highway Route 15 and State Highway Route 55 only, the Orange
County Transportation Authority may exercise all of the powers
contained in paragraph (1) that apply to streets, highways, bridges,
and connector roads.
(3) The exercise of the powers provided to the Orange County
Transportation Authority in paragraph (2) is subject to approval by
the Board of Supervisors of Riverside County and the Riverside County
Transportation Commission and in consultation with the advisory
committee described in Section 130245 as it relates to the use of
those powers in Riverside County under the terms of the franchise
agreement described in subdivision (c).
(c) If the Orange County Transportation Authority requests, the
department shall approve the assignment to the Orange County
Transportation Authority of the Amended and Restated Development
Franchise Agreement, as amended, between the department and the
California Private Transportation Company, L.P. (CPTC) for the State
Highway Route 91 median improvements as authorized by Section 143 of
the Streets and Highways Code, subject to the requirement that
subdivisions (a) to (f), inclusive, of Section 2 of Article 3 of the
restated franchise agreement be deleted in their entirety in the
event that CPTC and the authority agree to the assignment of all of
CPTC's interests in the franchise agreement to the authority.
(d) The Orange County Transportation Authority shall have the
authority to impose tolls for use of the State Highway Route 91
facilities as authorized by the franchise agreement.
(e) (1) Toll revenues from the use of State Highway Route 91
facilities between State Highway Route 55 and the Orange and
Riverside County line shall only be used by the Orange County
Transportation Authority for the following expenditures relative to
the State Highway Route 91 express lanes and for the purposes of
paragraph (2):
(A) Capital, operations, and maintenance, including, but not
limited to, toll collection and enforcement.
(B) Repair and rehabilitation.
(C) Payment of purchase costs, debt service, and satisfaction of
other covenants and obligations related to indebtedness.
(D) Reserves.
(E) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between State
Highway Route 57 to the west and the Orange and Riverside county line
to the east.
(3) The Orange County Transportation Authority, in consultation
with the department and the Riverside County Transportation
Commission, shall issue a plan and a proposed completion schedule for
transportation improvements in the State Highway Route 91 corridor.
The Orange County Transportation Authority shall update the plan on
an annual basis.
(f) The Orange County Transportation Authority may incur
indebtedness and obligations, and may issue bonds, refund bonds, and
assume existing bonds for purposes authorized by this section.
Indebtedness and bonds issued under this section do not constitute a
debt or liability of the state or any other public agency, other than
the authority, or a pledge of the faith and credit of the state or
any other public agency, other than the authority. Bonds issued under
this section shall not be deemed to constitute a debt or liability
of the state or any political subdivision thereof, other than the
bank and the authority, or a pledge of the faith and credit of the
state or of any political subdivision, but shall be payable solely
from the revenues and assets pledged to the repayment of the bonds.
All bonds issued under this section shall contain on the face of the
bond a statement to the same effect.
(g) Notwithstanding Section 143 of the Streets and Highways Code,
the State Highway Route 91 facility constructed and operated under
the authority of a franchise agreement approved pursuant to that
section shall revert to the state at the expiration of the lease or
termination of the franchise agreement at no cost to the state. Upon
reversion, the facility shall be delivered to the department in a
condition that meets the performance and maintenance standards
established by the department.
(h) The Orange County Transportation Authority shall not impose
tolls for the use of nor construct and operate State Highway Route 91
facilities in the County of Riverside without prior approval by the
Board of Supervisors of the County of Riverside, the Riverside County
Transportation Commission, and the advisory committee.
(i) The Orange County Transportation Authority shall not sell or
assign its interest in the franchise agreement without approval by
the Legislature by enactment of a statute provided that approval
shall not be required in connection with granting rights and remedies
to lenders under Article 16 of the restated franchise agreement.
(j) If the Orange County Transportation Authority decides to sell
or assign its interest in the franchise agreement, the Orange County
Transportation Authority shall provide written notice at least 90
days in advance of the date they submit their request for approval by
the department pursuant to this subdivision. The written notice
shall be provided to the advisory committee created pursuant to
Section 130245 and to the Riverside County Transportation Commission.
(k) The Orange County Transportation Authority shall be authorized
to eliminate its rights, interests, and obligations relative to
State Highway Route 91 in Riverside County, either by partial
assignment to the Riverside County Transportation Commission, or by
amendment to the restated franchise agreement, as amended. In the
event of a partial assignment or amendment, the department shall
consent and the term of the restated franchise agreement, as amended
by the partial assignment or amendment, shall be extended to a date
determined by the authority, which date shall be no later than
December 31, 2065.
(l) If the Riverside County Transportation Commission constructs
and operates toll facilities on State Highway Route 91 between the
Orange County border and State Highway Route 15, then it is the
intent of the Legislature that the Riverside County Transportation
Commission and the Orange County Transportation Authority enter into
an agreement providing for the coordination of the respective toll
facilities operated by each entity on State Highway Route 91.
130240.1. (a) The Orange County Transportation Authority may enter
into agreements for the joint use or joint development of any
property or rights by the authority and any city, public agency, or
public utility operating transit facilities or nontransit facilities,
or both, or any other person, firm, corporation, association,
organization, or other entity, public or private, either, in whole or
in part, within or outside the county, for the joint use or
development of any property of the authority or of the city, public
agency, public utility, person, firm, corporation, association,
organization, or other entity, public or private, for the
establishment of through routes, joint fares, station cost-sharing,
connector fees, or land, air, or development rights, sales or
leasing, transfer of passengers, pooling arrangements, or for any
other purpose necessary for, incidental to, or convenient for the
full exercise of the powers granted in this chapter. As to any
service which the authority is authorized to perform pursuant to this
chapter, the authority may contract for the performance of the
service by any city, county, or public utility the territory of which
is, in whole or in part, within the county.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, construction, or operation of
authority facilities or development projects adjacent, or physically
or functionally related, to authority facilities.
(c) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a transit system.
130240.5. Notwithstanding any other provision of law, the Orange
County Transportation Authority may acquire rights-of-way from
willing sellers for the following projects:
(a) Addition of auxiliary westbound lane to State Route 91, from
Interstate 5 to State Route 57, in Orange County.
(b) State Route 57 northbound widening, from Katella Avenue to
Lincoln Avenue, in Orange County.
130241. All the provisions of the Orange County Transit District
Act of 1965 (Part 4 (commencing with Section 40000) of Division 10),
regarding the powers and functions of the Orange County Transit
District shall be equally applicable to the Orange County
Transportation Authority as if set forth herein, and shall be in
addition to the powers and functions set forth in this division. The
authority shall determine which provisions are applicable to the
authority.
130242. (a) In addition to the other powers it possesses, the
authority may enter into contracts with private entities, the scope
of which may combine within a single contract all or some of the
planning, design, permitting, development, joint development,
construction, construction management, acquisition, leasing,
installation, and warranty of all or components of (1) transit
systems, including, without limitation, passenger loading or
intermodal station facilities, and (2) facilities on real property
owned or to be owned by the authority.
(b) The authority may award contracts pursuant to subdivision (a)
after a finding, by a two-thirds vote of the members of the
authority, that awarding the contract under this section will achieve
for the authority, among other things, certain private sector
efficiencies in the integration of design, project work, and
components.
(c) A contract awarded pursuant to this section may include
operation and maintenance elements, if the inclusion of those
elements (1) is necessary, in the reasonable judgment of the
authority, to assess vendor representations and warranties,
performance guarantees, or life cycle efficiencies, and (2) does not
conflict with collective bargaining agreements to which the authority
is a party.
(d) Any construction, alteration, demolition, repairs or other
works of improvement performed under a contract awarded pursuant to
this section shall be considered a public works project subject to
Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of
the Labor Code, and shall be enforced by the Department of Industrial
Relations in the same way it carries out this responsibility under
the Labor Code.
(e) A contract under this section shall be let to the lowest
responsible bidder whose bid is responsive to the criteria set forth
in the invitation for bids. Notice requesting bids shall be published
at least once in a newspaper of general circulation. The publication
shall be made at least 60 days before the receipt of the bids. The
authority, at its discretion, may reject any and all bids, and may
readvertise. All bids submitted pursuant to this section shall be
presented under sealed cover and shall be accompanied by one of the
following forms of bidder security: (1) cash, (2) a cashier's check
made payable to the authority, (3) a certified check made payable to
the authority, or (4) a bidder's bond executed by an admitted surety
insurer, made payable to the authority. Upon an award to the lowest
responsible bidder, the security of each unsuccessful bidder shall be
returned in a reasonable period of time, but in no event shall that
security be held by the authority beyond 60 days from the time the
award is made.
130243. The Los Angeles County Metropolitan Transportation
Authority shall adopt a change order procedure for contracts awarded
by the authority that includes each of the following requirements:
(a) When a change order is proposed, the contract administrator of
the authority shall be notified and shall determine whether a change
order is required. After consulting with the general counsel of the
authority and appropriate technical advisers, the contract
administrator shall either approve or disapprove the proposed
contract change order.
(b) The general counsel of the authority shall be consulted on the
proposed change order at the earliest possible time to consider and
render advice on the legal implications of the proposed change. The
contract administrator shall not approve a proposed change order
unless the general counsel recommends changing the terms of the
contract.
(c) The contract administrator shall require the contractor to
submit certified cost and pricing data for the proposed change, and
shall require an internal fiscal audit of any proposed change order
when cost and pricing data would be required under federal
acquisition regulations contained in Subpart 15.4 of Part 15 of
Subchapter C of Chapter 1 of Title 48 of the Code of Federal
Regulations.
(d) The opinions of informed individuals working on the contract
who oppose the adoption of a proposed change order shall be
documented and be taken into consideration by the authority's change
control board when determining whether a contract change is
warranted.
130244. (a) For the purposes of this section, the following terms
shall have the following meanings:
(1) "Authority" means the Orange County Transportation Authority.
(2) "Bonds" means bonds, notes, or other evidences of indebtedness
authorized to be issued pursuant to paragraph (4) of subdivision
(c).
(3) "Commission" means the Riverside County Transportation
Commission.
(4) "Department" means the Department of Transportation.
(5) "Franchise agreement" means the franchise agreement assigned
to the authority pursuant to subdivision (c) of Section 130240.
(6) "Transportation facilities" means one or more of the following
on State Highway Route 91 between the Orange and Riverside County
line to the west and State Highway Route 15 to the east: (A) general
purpose toll lanes; (B) lanes or facilities where the tolls may be
levied and may vary according to levels of congestion anticipated or
experienced or according to the occupancy of the vehicle; and (C)
facilities or lanes utilizing combinations of or variations on (A) or
(B), or other strategies the commission may determine appropriate on
a facility-by-facility basis.
(7) "Transportation project" means the planning, design,
development, financing, construction, reconstruction, rehabilitation,
improvement, acquisition, lease, operation, or maintenance, or any
combination of these, with respect to tolled and nontolled
facilities, structures, onramps, connector roads, bridges, and
roadways that are on, necessary for, or related to the construction
or operation of State Highway Route 91 between the Orange and
Riverside County line to the west and State Highway Route 15 to the
east.
(b) Pursuant to subdivision (l) of Section 130240, the authority
may amend, assign, or terminate the Riverside County portion of the
franchise agreement in the interest of advancing the transportation
project described in paragraph (7) of subdivision (a). The
department, upon request of the authority, shall approve an amendment
to the franchise agreement to eliminate any portion of State Highway
Route 91 within Riverside County from the franchise agreement.
(c) (1) The commission shall have the authority to set, levy, and
collect tolls, user fees, or other similar charges payable for use of
the transportation facilities, and any other incidental or related
fees or charges, in amounts as required for the following
expenditures relative to the transportation facilities as defined in
paragraph (6) of subdivision (a) and for purposes of paragraph (2):
(A) Capital outlay, including the costs of design, construction,
right-of-way acquisition, and utility adjustment.
(B) Operations and maintenance, including, but not limited to,
toll collection and enforcement.
(C) Repair and rehabilitation.
(D) Indebtedness incurred, including related financing costs.
(E) Reserves.
(F) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between the
Orange and Riverside county line to the west and State Highway Route
15 to the east.
(3) The commission, in consultation with the authority and the
department, shall issue a plan of transportation improvements for the
State Highway Route 91 corridor, which shall include projected
costs, the use of toll revenues, and a proposed completion schedule.
This plan shall be updated annually. The plan and each annual update
shall be made available for public review and comment no less than 30
days prior to adoption by the commission.
(4) The commission is authorized to issue bonds to finance the
costs of the transportation project, including the costs of issuing
the bonds and paying credit enhancement and other fees related to the
bonds, which bonds are payable from the tolls authorized pursuant to
paragraph (1), sales tax revenues, development impact fees, federal
grant funds, or any other source of revenues available to the
commission that may be used for these purposes. The bonds may be sold
pursuant to the terms and conditions set forth in a resolution
adopted by the governing board of the commission. Bonds shall be
issued pursuant to a resolution adopted by a two-thirds vote of the
commission. Any bond issued pursuant to this paragraph shall contain
on its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal or
interest of this bond."
(5) The department is authorized to enter into any lease,
easement, permit, or other agreement with the commission necessary to
accomplish the purposes of this section.
(6) The commission shall have the authority to impose tolls for
use of the transportation facilities for 50 years following the
opening of the transportation facilities for public use, after which
time the commission shall have no further authority to impose or to
collect a toll for use of transportation facilities on State Highway
Route 91, unless reauthorized by the Legislature. The transportation
facilities shall revert to the department after the bonds issued
pursuant to this section are paid off in their entirety, unless tolls
have been reauthorized by the Legislature. Upon reversion, the
facilities shall be delivered to the department in a condition that
meets the performance and maintenance standards established by the
department.
(7) The commission shall make available for public review and
comment the toll schedule and any subsequent proposed changes to the
schedule no less than 30 days prior to the adoption by the commission
of a toll schedule.
(d) This section shall be supplemental and in addition to any
other authority of the commission to undertake the transportation
project.
(e) This section shall not prevent the department or any local
agency from constructing facilities within the State Highway Route 91
corridor that compete with the transportation project, and in no
event shall the commission be entitled to compensation for the
adverse effects on toll revenues due to those facilities.
(f) If any provision of this section or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of this section that can be given effect without the
invalid provision or application, and to this extent the provisions
of this section are severable.
(g) This section shall not apply to State Highway Route 91 between
the Orange and Riverside County line and State Highway Route 15
unless the authority amends or partially assigns the restated
franchise agreement, as amended, between the department and the
authority to exclude that portion of State Highway Route 91 from the
restated franchise agreement, as amended.
130245. (a) An advisory committee shall be created to review issues
and make recommendations to the Orange County Transportation
Authority and the Riverside County Transportation Commission
regarding the facilities authorized pursuant to Sections 130240 and
130244, including tolls imposed, operations, maintenance,
interoperability, and use of toll revenues, and improvements in the
State Highway Route 91 corridor, including the identification and
siting of alternative highways. The committee shall consist of 10
voting members and three nonvoting members, as follows:
(1) Five members of the Board of Directors of the Orange County
Transportation Authority appointed by that board.
(2) Five members of the Riverside County Transportation Commission
appointed by that commission.
(3) One member of the San Bernardino Associated Governments
appointed by that body, and the district directors of Districts 8 and
12 of the Department of Transportation, all of whom shall be
nonvoting members.
(b) The advisory committee shall establish rules for the conduct
of committee meetings, which rules shall be approved by both the
Orange County Transportation Authority and the Riverside County
Transportation Commission. The authority and the commission may
appoint alternates to the committee.
(c) When reviewing the initial toll structure proposed by the
Orange County Transportation Authority and the Riverside County
Transportation Commission or any changes to the toll structure, the
advisory committee shall place an information item on a regularly
scheduled agenda for public comment and consideration of the advisory
committee.
(d) The Orange County Transportation Authority shall conduct an
audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130240. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(e) The Riverside County Transportation Commission shall conduct
an audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130244. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(f) The Orange County Transportation Authority and the Riverside
County Transportation Commission shall equally share all costs
associated with this section. None of these costs shall be paid from
state funds.
130220. The commission may make contracts and enter into
stipulations of any nature whatsoever either in connection with
eminent domain proceedings or otherwise, including, without limiting
the generality of the foregoing, contracts and stipulations to
indemnify and save harmless, to employ labor, and to do all acts
necessary and convenient for the full exercise of the powers granted
in this division.
130220.5. (a) The commission has the power of eminent domain to
take any property necessary, incidental, or convenient to the
exercise of its powers pursuant to this division.
(b) The commission may exercise the power of eminent domain to
acquire property outside its territorial limits for environmental
mitigation purposes only if otherwise authorized by law and only to
the extent so authorized, and only with the consent of the board of
supervisors of the county in which the mitigation will occur.
(c) No action to acquire property by eminent domain within any
incorporated city or within the unincorporated area of any county
shall be commenced unless written notice is given to the legislative
body of the affected city or county, as the case may be, in
accordance with Section 1245.235 of the Code of Civil Procedure, and
the affected city or county, as the case may be, shall have the same
rights to a hearing before the commission as a person to whom notice
is otherwise required to be given under that section.
130221. The commission may contract with any department or agency
of the United States of America, with any public agency (including,
but not limited to, the Department of Transportation, the multicounty
designated transportation planning agency, or any transit district,
county, or city), or with any person upon such terms and conditions
as the commission finds is in its best interest.
130231. (a) The Los Angeles County Transportation Commission is
authorized to impose a transactions and use tax within the County of
Los Angeles pursuant to the approval by the voters of the commission'
s Ordinance No. 16 in 1980 and its Ordinance No. 49 in 1990, and has
the authority and power vested in the Southern California Rapid
Transit District to plan, design, and construct an exclusive public
mass transit guideway system in the County of Los Angeles, including,
but not limited to, Article 5 (commencing with Section 30630 of
Chapter 5 of Part 3 of Division 11).
(b) The commission shall conform to this article in letting
contracts for the construction of that system.
130232. (a) Except as provided in subdivision (f), purchase of all
supplies, equipment, and materials, and the construction of all
facilities and works, when the expenditure required exceeds
twenty-five thousand dollars ($25,000), shall be by contract let to
the lowest responsible bidder. Notice requesting bids shall be
published at least once in a newspaper of general circulation. The
publication shall be made at least 10 days before the date for the
receipt of the bids. The commission, at its discretion, may reject
any and all bids and readvertise.
(b) Except as provided for in subdivision (f), whenever the
expected expenditure required exceeds one thousand dollars ($1,000),
but not twenty-five thousand dollars ($25,000), the commission shall
obtain a minimum of three quotations, either written or oral, that
permit prices and terms to be compared.
(c) Where the expenditure required by the bid price is less than
fifty thousand dollars ($50,000), the executive director may act for
the commission.
(d) All bids for construction work submitted pursuant to this
section 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 commission.
(3) A certified check made payable to the commission.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the commission.
(e) 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 commission beyond
60 days from the date that the award was made.
(f) The following provisions apply only to the Los Angeles County
Metropolitan Transportation Authority:
(1) The contract shall be let to the lowest responsible bidder or,
in the authority's discretion, to the person who submitted a
proposal that provides the best value to the commission on the basis
of the factors identified in the solicitation when the purchase price
of all supplies, equipment, and materials exceeds one hundred
thousand dollars ($100,000). "Best value" means the overall
combination of quality, price, and other elements of a proposal that,
when considered together, provide the greatest overall benefit in
response to requirements described in the solicitation documents. The
contract shall be let to the lowest responsible bidder when the
purchase price of the construction of all facilities exceeds
twenty-five thousand dollars ($25,000).
(2) The authority shall obtain a minimum of three quotations,
either written or oral, that permit prices and terms to be compared
whenever the expected expenditure required exceeds three thousand
dollars ($3,000), but not one hundred thousand dollars ($100,000).
(3) The authority may purchase supplies, equipment, and materials
from a public auction sale, including public auctions held via the
Internet, using the procedures established for all other participants
in the public auction.
(4) The authority may participate in a procurement agreement
involving other public entities that is identified by a procuring
public entity or entities as a cooperative procuring agreement from
which other public entities may make purchases or enter into
contracts, and the authority may procure, and enter into contracts
for, items purchased pursuant to that procurement agreement,
notwithstanding that the authority may not be the procuring public
entity, provided the procurement agreement is awarded or entered into
by either of the following:
(A) One or more public entities or an organization of public
entities, which may include the authority.
(B) A federal, state, or local public entity.
(5) (A) Notwithstanding any other provision of law requiring the
authority to award contracts to the lowest responsible bidder, on
contracts above one hundred thousand dollars ($100,000), the
authority may, except as to contracts for professional services
involving private architectural, landscape architectural,
engineering, environmental, land surveying, or construction
management as defined in Sections 4525 and 4529.10 of the Government
Code, do any of the following in facilitating contract awards to
small businesses:
(i) Provide for a small business preference in construction, the
construction component of a design-build team, the procurement of
goods, or the delivery of services. The preference to a small
business shall be 5 percent of the lowest responsible bidder meeting
specifications that provide for small business participation.
(ii) Establish a subcontracting participation goal for small
businesses on contracts financed with nonfederal funds and grant a
preference of 5 percent to the lowest responsible bidders who meet
the goal.
(iii) Require bidders to make a good faith effort, in accordance
with the criteria established pursuant to subparagraph (B), prior to
the time bids are opened, to comply with the goals and requirements
established by the authority relating to participation in the
contract by small businesses.
(B) The following shall apply to bidders under this paragraph:
(i) The bidder attended any presolicitation or prebid meetings
that were scheduled by the authority to inform all bidders of the
small business enterprise program requirements for the project for
which the contract will be awarded. The authority may waive this
requirement if it determines that the bidder is informed as to those
program requirements.
(ii) The bidder identified and selected specific items of the
project for which the contract will be awarded to be performed by
small business enterprises to provide an opportunity for
participation by those enterprises.
(iii) The bidder advertised, not less than 10 calendar days before
the date the bids are opened, in one or more daily or weekly
newspapers, trade association publications or trade-oriented
publications, trade journals, or other media, specified by the
authority for small business enterprises that are interested in
participating in the project. This clause applies only if the
authority gave public notice of the project not less than 15 calendar
days prior to the date the bids are opened.
(iv) The bidder provided written notice of his or her interest in
bidding on the contract to the number of small business enterprises
required to be notified by the project specifications not less than
10 calendar days prior to the opening of bids. The authority shall
make available to the bidder not less than 15 calendar days prior to
the date the bids are opened a list or a source of lists of
enterprises which are certified by the authority as small business
enterprises.
(v) The bidder followed up initial solicitations of interest by
contacting the enterprises to determine with certainty whether the
enterprises were interested in performing specific items of the
project.
(vi) The bidder provided interested small business enterprises
with information about the plans, specifications, and requirements
for the selected subcontracting or material supply work.
(vii) The bidder requested assistance from small business
community organizations; small business contractor groups; local,
state, or small business assistance offices; or other organizations
that provide assistance in the recruitment and placement of small
business enterprises, if any are available.
(viii) The bidder negotiated in good faith with the small business
enterprises, and did not unjustifiably reject as unsatisfactory bids
prepared by any small business enterprises, as determined by the
authority.
(ix) Where applicable, the bidder advised and made efforts to
assist interested small business enterprises in obtaining bonds,
lines of credit, or insurance required by the authority or
contractor.
(x) The bidder's efforts to obtain small business enterprise
participation could reasonably be expected by the authority to
produce a level of participation sufficient to meet the goals and
requirements of the authority.
(C) "Small business enterprise" as used in this paragraph, means a
business enterprise that is classified as a small business under
United States Small Business Administration rules and meets the
current small business enterprise size standards found in 13 CFR Part
121 appropriate to the type of work the enterprise seeks to perform.
The authority may establish limitations regarding the average annual
gross receipts of a small business over the previous three fiscal
years and establish limitations regarding the personal net worth of
the owner of the small business, exclusive of the value of the owner'
s personal residence.
130233. If, after rejecting bids received under Section 130232 the
commission determines and declares, by a two-thirds vote of all of
its members, that the supplies, equipment, or materials may be
purchased at a lower price in the open market, the commission may
proceed to purchase those supplies, equipment, or materials in the
open market without further observance of the provisions in this
article regarding contracts, bids, advertisement, or notice.
130234. In case of any great public calamity, such as an
extraordinary fire, flood, storm, epidemic, or other disaster, or
interruption of contracts essential to the provision of daily transit
service or catastrophic failure of revenue-producing equipment or
facilities, the commission may, by resolution passed by a two-thirds
vote of all its members, declare and determine that public interest
and necessity demand the immediate expenditure of public money to
safeguard life, health, or property, and thereupon proceed to expend
or enter into a contract involving the expenditure of any sum needed
in the emergency without observance of the provisions in this article
regarding contracts, bids, advertisement, or notice.
130235. (a) Upon determining that immediate remedial measures to
avert or alleviate damage to property, or to replace, repair, or
restore damaged or destroyed property, of the commission are
necessary in order to ensure that the facilities of the commission
are available to serve the transportation needs of the general
public, and upon determining that available remedial measures,
including procurement or construction in compliance with Sections
130232, 130233, and 130234 are inadequate, the executive director may
authorize the expenditure of money previously appropriated
specifically by the commission for the direct purchases of goods and
services, without following those sections.
(b) The executive director shall, after any such expenditure,
submit to the commission a full report explaining the necessity for
the action.
130236. Notwithstanding Section 130232, and upon a finding by
two-thirds vote of all members of the commission that the proposed
purchase in compliance with Sections 130232 and 130233 does not
constitute a method of procurement adequate for the operation of
commission facilities or equipment, the commission may direct the
procurement of prototype equipment or modifications in an amount
sufficient to conduct and evaluate operational testing without
further observance of any provisions in this article regarding
contracts, bids, advertisements, or notice.
130237. Notwithstanding Section 130232, the commission may direct
the purchase of any supply, equipment, or material without observance
of any provision in this article regarding contracts, bids,
advertisement, or notice upon a finding by two-thirds of all members
of the commission that there is only a single source of procurement
therefor and that the purchase is for the sole purpose of duplicating
or replacing supply, equipment, or material already in use.
130238. (a) The Legislature finds and declares that (1) because of
the highly specialized and unique nature of all rail transit
equipment, (2) because of products and materials which are undergoing
rapid technological changes, and (3) for the introduction of new
technological changes into the operations of the commission, it may
be in the public interest to consider, in addition to price, factors
such as vendor financing, performance reliability, standardization,
life-cycle costs, delivery timetables, support logistics, and the
broadest possible range of competing products and materials
available, fitness of purchase, manufacturer's warranty, and similar
factors in the award of contracts for these vehicles and equipment.
(b) This section applies only to the purchase by the commission of
(1) specialized rail transit equipment, including rail cars, and (2)
computers, telecommunications equipment, fare collections equipment,
microwave equipment, and other related electronic equipment and
apparatus. This section does not apply to contracts for construction
or for the procurement of any product available in substantial
quantities to the general public.
(c) The commission may, after finding by a two-thirds vote of all
of its members that a particular procurement qualifies under
subdivision (b), direct that the procurement be conducted through
competitive negotiation under this section. For purposes of this
section, competitive negotiation includes, but is not limited to, all
of the following requirements:
(1) The request for proposals shall be prepared and submitted to
an adequate number of qualified sources, as determined by the
commission, to permit reasonable competition consistent with the
nature and requirement of the procurement.
(2) Notice of the request for proposals shall be published at
least twice in a newspaper of general circulation, at least 10 days
before the date for receipt of the proposals.
(3) The commission shall make every effort to generate the maximum
feasible number of proposals from qualified sources and shall make a
finding to that effect before proceeding to negotiate if only a
single response to the request for proposals is received.
(4) The request for proposals shall identify all significant
evaluation factors, including price, and their relative importance.
(5) The commission shall provide reasonable procedures for
technical evaluation of the proposals received, identification of
qualified sources, and selection for contract award.
(6) Award shall be made to the qualified proposer whose proposal
will be most advantageous to the commission with price and all other
factors considered.
(7) If award is not made to the bidder whose proposal contains the
lowest price, the commission shall make a finding setting forth the
basis for the award.
(d) The commission, at its discretion, may reject any and all
proposals and request new proposals.
(e) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
follows:
(1) Protests based on the content of the request for proposals
shall be filed with the commission within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (c). The commission shall issue a written decision on the
protest prior to opening of proposals. A protest may be renewed by
refiling the protest with the commission within 15 calendar days
after the mailing of the notice of the recommended award.
(2) Any bidder may protest the recommended award on any ground not
based upon the content of the request for proposals by filing a
protest with the commission within 15 calendar days after the mailing
of the notice of the recommended award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity to
appear and be heard before the commission prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, or prior to final award in the case of protests based
on other grounds or the renewal of protests based on the content of
the request for proposals.
(f) Provisions in any contract concerning women and minority
business enterprises, which provisions are in accordance with the
request for proposals, shall not be subject to negotiation with the
successful bidder.
130239. In order to facilitate the participation of minority-owned
and women-owned businesses and disadvantaged individuals in
activities and contracts of the commission, to the extent that the
provisions of Executive Order 11246 of September 24, 1965, as
amended, and Chapter 60 (commencing with Section 60.1) of Title 41
and Part 23 (commencing with Section 23.1) of Title 49 of the Code of
Federal Regulations are not applicable, the commission has the
authority to develop a program to implement similar provisions
applicable to its activities and contracts.
130240. (a) "Transit" means as defined in Section 40005.
(b) (1) The Orange County Transportation Authority may acquire,
construct, develop, lease, jointly develop, own, operate, maintain,
control, use, jointly use, or dispose of rights-of-way, rail lines,
monorails, guideways, buslines, stations, platforms, switches, yards,
terminals, parking lots, air rights, land rights, development
rights, entrances and exits, and any and all other facilities for,
incidental to, necessary for, or convenient for transit service,
including, but not limited to, facilities and structures physically
or functionally related to transit service, within or partly without
the county, underground, upon, or above the ground and under, upon or
over public streets, highways, bridges, or other public ways or
waterways, together with all physical structures necessary for,
incidental to, or convenient for the access of persons and vehicles
thereto, and may acquire, lease, sell, or otherwise contract with
respect to any interest in or rights to the use or joint use of any
or all of the foregoing. However, installations on state freeways are
subject to the approval of the Department of Transportation and
installations in other state highways are subject to Article 2
(commencing with Section 670) of Chapter 3 of Division 1 of the
Streets and Highways Code.
(2) With respect to the segment of State Highway Route 91 between
State Highway Route 15 and State Highway Route 55 only, the Orange
County Transportation Authority may exercise all of the powers
contained in paragraph (1) that apply to streets, highways, bridges,
and connector roads.
(3) The exercise of the powers provided to the Orange County
Transportation Authority in paragraph (2) is subject to approval by
the Board of Supervisors of Riverside County and the Riverside County
Transportation Commission and in consultation with the advisory
committee described in Section 130245 as it relates to the use of
those powers in Riverside County under the terms of the franchise
agreement described in subdivision (c).
(c) If the Orange County Transportation Authority requests, the
department shall approve the assignment to the Orange County
Transportation Authority of the Amended and Restated Development
Franchise Agreement, as amended, between the department and the
California Private Transportation Company, L.P. (CPTC) for the State
Highway Route 91 median improvements as authorized by Section 143 of
the Streets and Highways Code, subject to the requirement that
subdivisions (a) to (f), inclusive, of Section 2 of Article 3 of the
restated franchise agreement be deleted in their entirety in the
event that CPTC and the authority agree to the assignment of all of
CPTC's interests in the franchise agreement to the authority.
(d) The Orange County Transportation Authority shall have the
authority to impose tolls for use of the State Highway Route 91
facilities as authorized by the franchise agreement.
(e) (1) Toll revenues from the use of State Highway Route 91
facilities between State Highway Route 55 and the Orange and
Riverside County line shall only be used by the Orange County
Transportation Authority for the following expenditures relative to
the State Highway Route 91 express lanes and for the purposes of
paragraph (2):
(A) Capital, operations, and maintenance, including, but not
limited to, toll collection and enforcement.
(B) Repair and rehabilitation.
(C) Payment of purchase costs, debt service, and satisfaction of
other covenants and obligations related to indebtedness.
(D) Reserves.
(E) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between State
Highway Route 57 to the west and the Orange and Riverside county line
to the east.
(3) The Orange County Transportation Authority, in consultation
with the department and the Riverside County Transportation
Commission, shall issue a plan and a proposed completion schedule for
transportation improvements in the State Highway Route 91 corridor.
The Orange County Transportation Authority shall update the plan on
an annual basis.
(f) The Orange County Transportation Authority may incur
indebtedness and obligations, and may issue bonds, refund bonds, and
assume existing bonds for purposes authorized by this section.
Indebtedness and bonds issued under this section do not constitute a
debt or liability of the state or any other public agency, other than
the authority, or a pledge of the faith and credit of the state or
any other public agency, other than the authority. Bonds issued under
this section shall not be deemed to constitute a debt or liability
of the state or any political subdivision thereof, other than the
bank and the authority, or a pledge of the faith and credit of the
state or of any political subdivision, but shall be payable solely
from the revenues and assets pledged to the repayment of the bonds.
All bonds issued under this section shall contain on the face of the
bond a statement to the same effect.
(g) Notwithstanding Section 143 of the Streets and Highways Code,
the State Highway Route 91 facility constructed and operated under
the authority of a franchise agreement approved pursuant to that
section shall revert to the state at the expiration of the lease or
termination of the franchise agreement at no cost to the state. Upon
reversion, the facility shall be delivered to the department in a
condition that meets the performance and maintenance standards
established by the department.
(h) The Orange County Transportation Authority shall not impose
tolls for the use of nor construct and operate State Highway Route 91
facilities in the County of Riverside without prior approval by the
Board of Supervisors of the County of Riverside, the Riverside County
Transportation Commission, and the advisory committee.
(i) The Orange County Transportation Authority shall not sell or
assign its interest in the franchise agreement without approval by
the Legislature by enactment of a statute provided that approval
shall not be required in connection with granting rights and remedies
to lenders under Article 16 of the restated franchise agreement.
(j) If the Orange County Transportation Authority decides to sell
or assign its interest in the franchise agreement, the Orange County
Transportation Authority shall provide written notice at least 90
days in advance of the date they submit their request for approval by
the department pursuant to this subdivision. The written notice
shall be provided to the advisory committee created pursuant to
Section 130245 and to the Riverside County Transportation Commission.
(k) The Orange County Transportation Authority shall be authorized
to eliminate its rights, interests, and obligations relative to
State Highway Route 91 in Riverside County, either by partial
assignment to the Riverside County Transportation Commission, or by
amendment to the restated franchise agreement, as amended. In the
event of a partial assignment or amendment, the department shall
consent and the term of the restated franchise agreement, as amended
by the partial assignment or amendment, shall be extended to a date
determined by the authority, which date shall be no later than
December 31, 2065.
(l) If the Riverside County Transportation Commission constructs
and operates toll facilities on State Highway Route 91 between the
Orange County border and State Highway Route 15, then it is the
intent of the Legislature that the Riverside County Transportation
Commission and the Orange County Transportation Authority enter into
an agreement providing for the coordination of the respective toll
facilities operated by each entity on State Highway Route 91.
130240.1. (a) The Orange County Transportation Authority may enter
into agreements for the joint use or joint development of any
property or rights by the authority and any city, public agency, or
public utility operating transit facilities or nontransit facilities,
or both, or any other person, firm, corporation, association,
organization, or other entity, public or private, either, in whole or
in part, within or outside the county, for the joint use or
development of any property of the authority or of the city, public
agency, public utility, person, firm, corporation, association,
organization, or other entity, public or private, for the
establishment of through routes, joint fares, station cost-sharing,
connector fees, or land, air, or development rights, sales or
leasing, transfer of passengers, pooling arrangements, or for any
other purpose necessary for, incidental to, or convenient for the
full exercise of the powers granted in this chapter. As to any
service which the authority is authorized to perform pursuant to this
chapter, the authority may contract for the performance of the
service by any city, county, or public utility the territory of which
is, in whole or in part, within the county.
(b) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, construction, or operation of
authority facilities or development projects adjacent, or physically
or functionally related, to authority facilities.
(c) "Nontransit facilities," as used in this section, includes any
land, buildings, or equipment, or interest therein, which is used
primarily for the production of transit revenue not arising from the
operation of a transit system.
130240.5. Notwithstanding any other provision of law, the Orange
County Transportation Authority may acquire rights-of-way from
willing sellers for the following projects:
(a) Addition of auxiliary westbound lane to State Route 91, from
Interstate 5 to State Route 57, in Orange County.
(b) State Route 57 northbound widening, from Katella Avenue to
Lincoln Avenue, in Orange County.
130241. All the provisions of the Orange County Transit District
Act of 1965 (Part 4 (commencing with Section 40000) of Division 10),
regarding the powers and functions of the Orange County Transit
District shall be equally applicable to the Orange County
Transportation Authority as if set forth herein, and shall be in
addition to the powers and functions set forth in this division. The
authority shall determine which provisions are applicable to the
authority.
130242. (a) In addition to the other powers it possesses, the
authority may enter into contracts with private entities, the scope
of which may combine within a single contract all or some of the
planning, design, permitting, development, joint development,
construction, construction management, acquisition, leasing,
installation, and warranty of all or components of (1) transit
systems, including, without limitation, passenger loading or
intermodal station facilities, and (2) facilities on real property
owned or to be owned by the authority.
(b) The authority may award contracts pursuant to subdivision (a)
after a finding, by a two-thirds vote of the members of the
authority, that awarding the contract under this section will achieve
for the authority, among other things, certain private sector
efficiencies in the integration of design, project work, and
components.
(c) A contract awarded pursuant to this section may include
operation and maintenance elements, if the inclusion of those
elements (1) is necessary, in the reasonable judgment of the
authority, to assess vendor representations and warranties,
performance guarantees, or life cycle efficiencies, and (2) does not
conflict with collective bargaining agreements to which the authority
is a party.
(d) Any construction, alteration, demolition, repairs or other
works of improvement performed under a contract awarded pursuant to
this section shall be considered a public works project subject to
Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of
the Labor Code, and shall be enforced by the Department of Industrial
Relations in the same way it carries out this responsibility under
the Labor Code.
(e) A contract under this section shall be let to the lowest
responsible bidder whose bid is responsive to the criteria set forth
in the invitation for bids. Notice requesting bids shall be published
at least once in a newspaper of general circulation. The publication
shall be made at least 60 days before the receipt of the bids. The
authority, at its discretion, may reject any and all bids, and may
readvertise. All bids submitted pursuant to this section shall be
presented under sealed cover and shall be accompanied by one of the
following forms of bidder security: (1) cash, (2) a cashier's check
made payable to the authority, (3) a certified check made payable to
the authority, or (4) a bidder's bond executed by an admitted surety
insurer, made payable to the authority. Upon an award to the lowest
responsible bidder, the security of each unsuccessful bidder shall be
returned in a reasonable period of time, but in no event shall that
security be held by the authority beyond 60 days from the time the
award is made.
130243. The Los Angeles County Metropolitan Transportation
Authority shall adopt a change order procedure for contracts awarded
by the authority that includes each of the following requirements:
(a) When a change order is proposed, the contract administrator of
the authority shall be notified and shall determine whether a change
order is required. After consulting with the general counsel of the
authority and appropriate technical advisers, the contract
administrator shall either approve or disapprove the proposed
contract change order.
(b) The general counsel of the authority shall be consulted on the
proposed change order at the earliest possible time to consider and
render advice on the legal implications of the proposed change. The
contract administrator shall not approve a proposed change order
unless the general counsel recommends changing the terms of the
contract.
(c) The contract administrator shall require the contractor to
submit certified cost and pricing data for the proposed change, and
shall require an internal fiscal audit of any proposed change order
when cost and pricing data would be required under federal
acquisition regulations contained in Subpart 15.4 of Part 15 of
Subchapter C of Chapter 1 of Title 48 of the Code of Federal
Regulations.
(d) The opinions of informed individuals working on the contract
who oppose the adoption of a proposed change order shall be
documented and be taken into consideration by the authority's change
control board when determining whether a contract change is
warranted.
130244. (a) For the purposes of this section, the following terms
shall have the following meanings:
(1) "Authority" means the Orange County Transportation Authority.
(2) "Bonds" means bonds, notes, or other evidences of indebtedness
authorized to be issued pursuant to paragraph (4) of subdivision
(c).
(3) "Commission" means the Riverside County Transportation
Commission.
(4) "Department" means the Department of Transportation.
(5) "Franchise agreement" means the franchise agreement assigned
to the authority pursuant to subdivision (c) of Section 130240.
(6) "Transportation facilities" means one or more of the following
on State Highway Route 91 between the Orange and Riverside County
line to the west and State Highway Route 15 to the east: (A) general
purpose toll lanes; (B) lanes or facilities where the tolls may be
levied and may vary according to levels of congestion anticipated or
experienced or according to the occupancy of the vehicle; and (C)
facilities or lanes utilizing combinations of or variations on (A) or
(B), or other strategies the commission may determine appropriate on
a facility-by-facility basis.
(7) "Transportation project" means the planning, design,
development, financing, construction, reconstruction, rehabilitation,
improvement, acquisition, lease, operation, or maintenance, or any
combination of these, with respect to tolled and nontolled
facilities, structures, onramps, connector roads, bridges, and
roadways that are on, necessary for, or related to the construction
or operation of State Highway Route 91 between the Orange and
Riverside County line to the west and State Highway Route 15 to the
east.
(b) Pursuant to subdivision (l) of Section 130240, the authority
may amend, assign, or terminate the Riverside County portion of the
franchise agreement in the interest of advancing the transportation
project described in paragraph (7) of subdivision (a). The
department, upon request of the authority, shall approve an amendment
to the franchise agreement to eliminate any portion of State Highway
Route 91 within Riverside County from the franchise agreement.
(c) (1) The commission shall have the authority to set, levy, and
collect tolls, user fees, or other similar charges payable for use of
the transportation facilities, and any other incidental or related
fees or charges, in amounts as required for the following
expenditures relative to the transportation facilities as defined in
paragraph (6) of subdivision (a) and for purposes of paragraph (2):
(A) Capital outlay, including the costs of design, construction,
right-of-way acquisition, and utility adjustment.
(B) Operations and maintenance, including, but not limited to,
toll collection and enforcement.
(C) Repair and rehabilitation.
(D) Indebtedness incurred, including related financing costs.
(E) Reserves.
(F) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues.
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to onramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between the
Orange and Riverside county line to the west and State Highway Route
15 to the east.
(3) The commission, in consultation with the authority and the
department, shall issue a plan of transportation improvements for the
State Highway Route 91 corridor, which shall include projected
costs, the use of toll revenues, and a proposed completion schedule.
This plan shall be updated annually. The plan and each annual update
shall be made available for public review and comment no less than 30
days prior to adoption by the commission.
(4) The commission is authorized to issue bonds to finance the
costs of the transportation project, including the costs of issuing
the bonds and paying credit enhancement and other fees related to the
bonds, which bonds are payable from the tolls authorized pursuant to
paragraph (1), sales tax revenues, development impact fees, federal
grant funds, or any other source of revenues available to the
commission that may be used for these purposes. The bonds may be sold
pursuant to the terms and conditions set forth in a resolution
adopted by the governing board of the commission. Bonds shall be
issued pursuant to a resolution adopted by a two-thirds vote of the
commission. Any bond issued pursuant to this paragraph shall contain
on its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal or
interest of this bond."
(5) The department is authorized to enter into any lease,
easement, permit, or other agreement with the commission necessary to
accomplish the purposes of this section.
(6) The commission shall have the authority to impose tolls for
use of the transportation facilities for 50 years following the
opening of the transportation facilities for public use, after which
time the commission shall have no further authority to impose or to
collect a toll for use of transportation facilities on State Highway
Route 91, unless reauthorized by the Legislature. The transportation
facilities shall revert to the department after the bonds issued
pursuant to this section are paid off in their entirety, unless tolls
have been reauthorized by the Legislature. Upon reversion, the
facilities shall be delivered to the department in a condition that
meets the performance and maintenance standards established by the
department.
(7) The commission shall make available for public review and
comment the toll schedule and any subsequent proposed changes to the
schedule no less than 30 days prior to the adoption by the commission
of a toll schedule.
(d) This section shall be supplemental and in addition to any
other authority of the commission to undertake the transportation
project.
(e) This section shall not prevent the department or any local
agency from constructing facilities within the State Highway Route 91
corridor that compete with the transportation project, and in no
event shall the commission be entitled to compensation for the
adverse effects on toll revenues due to those facilities.
(f) If any provision of this section or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of this section that can be given effect without the
invalid provision or application, and to this extent the provisions
of this section are severable.
(g) This section shall not apply to State Highway Route 91 between
the Orange and Riverside County line and State Highway Route 15
unless the authority amends or partially assigns the restated
franchise agreement, as amended, between the department and the
authority to exclude that portion of State Highway Route 91 from the
restated franchise agreement, as amended.
130245. (a) An advisory committee shall be created to review issues
and make recommendations to the Orange County Transportation
Authority and the Riverside County Transportation Commission
regarding the facilities authorized pursuant to Sections 130240 and
130244, including tolls imposed, operations, maintenance,
interoperability, and use of toll revenues, and improvements in the
State Highway Route 91 corridor, including the identification and
siting of alternative highways. The committee shall consist of 10
voting members and three nonvoting members, as follows:
(1) Five members of the Board of Directors of the Orange County
Transportation Authority appointed by that board.
(2) Five members of the Riverside County Transportation Commission
appointed by that commission.
(3) One member of the San Bernardino Associated Governments
appointed by that body, and the district directors of Districts 8 and
12 of the Department of Transportation, all of whom shall be
nonvoting members.
(b) The advisory committee shall establish rules for the conduct
of committee meetings, which rules shall be approved by both the
Orange County Transportation Authority and the Riverside County
Transportation Commission. The authority and the commission may
appoint alternates to the committee.
(c) When reviewing the initial toll structure proposed by the
Orange County Transportation Authority and the Riverside County
Transportation Commission or any changes to the toll structure, the
advisory committee shall place an information item on a regularly
scheduled agenda for public comment and consideration of the advisory
committee.
(d) The Orange County Transportation Authority shall conduct an
audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130240. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(e) The Riverside County Transportation Commission shall conduct
an audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130244. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(f) The Orange County Transportation Authority and the Riverside
County Transportation Commission shall equally share all costs
associated with this section. None of these costs shall be paid from
state funds.
