Bill Text: CA SB1215 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 1215	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2010

INTRODUCED BY   Senator Price

                        FEBRUARY 18, 2010

   An act to add  and repeal  Chapter 10.2 (commencing with
Section 4529.25)  to   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 of Transportation   department  to
establish prequalified lists of architectural and engineering
services firms. The bill would  authorize  
require  the department, for each category of architectural and
engineering service, to establish separate lists for small, medium,
and large projects by geographical area. 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 
may   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  may 
 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  may    shall 
establish separate lists for small, medium, and large projects by
geographical area to provide opportunities for various-sized firms. A
firm can only be on one list for each category per geographic area.
   (c) The department shall evaluate the statements of qualifications
and performance data, and  a list of the most  
develop a list of  qualified firms that meet the criteria
established and published by the department  shall be
developed  . 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 contract is awarded, another contract within the same
geographic area may not be let until 90 percent of the current
contract dollars have been expended.  
   (2) During the term of the prequalified lists, as specific
services are identified as being eligible for contracting, the
department shall contact the firm on the top of the appropriate
prequalified list to determine if that firm has sufficient staff and
is available for performance of the services. If that firm is not
available, the department shall continue to contact firms on the
prequalified list, in order of rank, until a firm that is available
is identified. 
    (e)     The department
shall negotiate a contract for the project or services within the
identified firm, 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
ranked firm that is available for performance. If a   a
list is developed, another list of the same category and contract
size within the same geographic   area 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 3 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
cont  ract 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.