Bill Text: CA SB1215 | 2009-2010 | Regular Session | Amended
Bill Title: Public contracts: architectural and engineering services
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-06-28 - Set, first hearing. Failed passage in committee. [SB1215 Detail]
Download: California-2009-SB1215-Amended.html
BILL NUMBER: SB 1215 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 8, 2010
INTRODUCED BY Senator Price
( Coauthor: Senator Pavley
)
FEBRUARY 18, 2010
An act to add and repeal Chapter 10.2 (commencing with Section
4529.25) of Division 5 of the Government Code, relating to public
contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1215, as amended, Price. Public contracts: architectural and
engineering services firms: prequalification lists.
The California Constitution provides that state and other
governmental entities have the choice and authority to contract with
qualified private entities for architectural and engineering
services, as defined. Existing law also requires that the choice and
authority to contract extend to all phases of project development,
including permitting, environmental studies, rights-of-way services,
design phase services, and construction phase services.
This bill would, at the election of the Department of
Transportation, until January 1, 2014, authorize the department to
establish prequalified lists of architectural and engineering
services firms. The bill would require the department, for each
category of architectural and engineering service, to establish
separate lists for small, medium, and large projects by
geographical area for each of the department's 12
districts . The bill would require the department to comply
with certain requirements relating to the advertisement and award of
contracts in the event the department utilizes the prequalification
list, and would require, on or before January 1, 2014, the department
to submit a report to the Legislature containing a description of
any contract that is awarded.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.2 (commencing with Section 4529.25) is added
to Division 5 of the Government Code, to read:
CHAPTER 10.2. PREQUALIFICATION LISTS
4529.25. At the election of the Department of Transportation,
contracts for engineering, architectural, environmental planning,
landscape architectural, or land surveying services shall be
advertised and awarded in accordance with this chapter.
4529.26. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Architectural and engineering services" shall have the same
meaning as in Section 4529.10.
(b) "Prequalified list" means a list of architectural and
engineering services firms that possess the qualifications
established by the Department of Transportation to perform specific
types of architectural and engineering services with each firm ranked
in order of qualifications.
(c) "Price schedule" means an agreement between the Department of
Transportation and a firm pursuant to which the firm agrees to accept
orders from the department for a service at a set price for a
specified period of time, but which does not oblige the department to
purchase the service from the firm.
(d) "Small projects" means contracts that have an estimated value
of greater than five thousand dollars ($5,000), but less than five
hundred thousand dollars ($500,000).
(e) "Medium projects" means contracts that have an estimated value
of five hundred thousand dollars ($500,000) or more, but less than
five million dollars ($5,000,000).
(f) "Large projects" means contracts that have an estimated value
of five million dollars ($5,000,000) or more.
4529.27. The Department of Transportation shall establish
prequalified lists of architectural and engineering services firms in
accordance with the following process:
(a) (1) For each type of architectural and engineering service for
which the department elects to use this process for advertising and
awarding contracts, the department shall request statements of
qualifications from interested firms and also may request price
schedules. The request for statements of qualifications and price
schedules shall be announced statewide throughout the California
State Contracts Register.
(2) Each announcement shall describe the general scope of services
to be provided within each generic project category, be defined such
that each specific project to be awarded within that generic project
category shall be substantially similar to all other projects within
that generic project category, shall be the same size, range, and
geographical area, and shall require substantially similar skills and
magnitude of professional effort as every other project within that
generic project category.
(b) For each category for architectural and engineering services,
the department shall establish separate lists for small, medium, and
large projects by geographical area for each
of the department's 12 districts to provide opportunities for
various-sized firms. A firm can only be on one list for each category
per geographic area for each of the
department's 12 districts .
(c) The department shall evaluate the statements of qualifications
and performance data, and develop a list of qualified firms that
meet the criteria established and published by the department.
Discussions shall be held regarding each firm's qualifications with
all listed firms. The firms shall then be ranked according to each
firm's qualifications and the evaluation criteria established and
published by the department.
(d) (1) The department shall maintain prequalified lists for not
more than two years. Each prequalified list shall include no less
than three firms. The number of firms placed on a list shall be based
on the anticipated workload during the life of the list. Once a list
is developed, another list of the same category and contract size
within the same geographic area district
may not be developed until 90 percent of the anticipated
workload has been contracted or two years has expired.
(2) During the term of the prequalified lists, as specific
services are identified as being eligible for contracting, the
department shall contact the top three firms on the appropriate
prequalified list to determine if those firms have teams and are
available for performance of the services. If none of the firms is
available, the department shall continue to contact firms on the
prequalified list, in order of rank, until a firm is identified that
has a team available.
(e) The department shall negotiate a contract for the project or
services with the firm that has the top ranked team at an amount that
it determines is fair and reasonable. If the department is unable to
negotiate a satisfactory contract with the identified firm,
negotiations with that firm shall be terminated and negotiations
shall be undertaken with the next firm that has the top ranked team.
If a satisfactory contract cannot be negotiated with the second
identified firm, negotiations shall be terminated and the negotiation
process shall be continued with the remaining firms, in order of
their team qualifications, until a satisfactory contract is
negotiated.
(f) Once a satisfactory contract is negotiated and awarded to a
firm from the prequalified list, that firm shall be moved to the
bottom of the prequalified list. If the department is unable to
negotiate a satisfactory contract with a firm on two separate
occasions, that firm shall be removed from the prequalified list.
(g) Notwithstanding any other provision of this chapter, the
Department of Transportation may award contracts that have an
estimated value of greater than five thousand dollars ($5,000), but
less than two hundred fifty thousand dollars ($250,000), to certified
small businesses, including microbusinesses, or to disabled veteran
business enterprises, in accordance with Section 14838.5.
4529.28. (a) On or before January 1, 2014, the Department of
Transportation shall submit a report to the Legislature containing a
description of any contract that is awarded in accordance with this
chapter. The report shall include, but shall not be limited to, all
of the following information:
(1) The type of services for which the department elected to use
the process described in Section 4529.27.
(2) The number of small, medium, and large projects.
(3) The firm that was awarded the project.
(4) An assessment of the prequalification process and criteria.
(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2014, pursuant to
Section 10231.5.
(2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795.
(c) This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
