California 2021-2022 Regular Session

California Assembly Bill AB271 Compare Versions

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1-Assembly Bill No. 271 CHAPTER 48An act to add Section 21163 to the Public Contract Code, relating to public contracts. [ Approved by Governor July 09, 2021. Filed with Secretary of State July 09, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 271, Robert Rivas. Santa Clara Valley Water District: contracts: best value procurement.Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000. This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.(b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.(c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.(d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.(e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.(f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.(g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.(h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.SEC. 2. Section 21163 is added to the Public Contract Code, to read:21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
1+Enrolled June 25, 2021 Passed IN Senate June 24, 2021 Passed IN Assembly April 19, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 271Introduced by Assembly Member Robert Rivas(Principal coauthor: Senator Laird)(Coauthors: Assembly Members Berman, Kalra, and Stone)(Coauthor: Senator Nielsen)January 19, 2021An act to add Section 21163 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 271, Robert Rivas. Santa Clara Valley Water District: contracts: best value procurement.Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000. This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.(b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.(c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.(d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.(e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.(f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.(g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.(h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.SEC. 2. Section 21163 is added to the Public Contract Code, to read:21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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3- Assembly Bill No. 271 CHAPTER 48An act to add Section 21163 to the Public Contract Code, relating to public contracts. [ Approved by Governor July 09, 2021. Filed with Secretary of State July 09, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 271, Robert Rivas. Santa Clara Valley Water District: contracts: best value procurement.Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000. This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled June 25, 2021 Passed IN Senate June 24, 2021 Passed IN Assembly April 19, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 271Introduced by Assembly Member Robert Rivas(Principal coauthor: Senator Laird)(Coauthors: Assembly Members Berman, Kalra, and Stone)(Coauthor: Senator Nielsen)January 19, 2021An act to add Section 21163 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 271, Robert Rivas. Santa Clara Valley Water District: contracts: best value procurement.Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000. This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
5- Assembly Bill No. 271 CHAPTER 48
5+ Enrolled June 25, 2021 Passed IN Senate June 24, 2021 Passed IN Assembly April 19, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 09, 2021
66
7- Assembly Bill No. 271
7+Enrolled June 25, 2021
8+Passed IN Senate June 24, 2021
9+Passed IN Assembly April 19, 2021
10+Amended IN Assembly April 05, 2021
11+Amended IN Assembly March 09, 2021
812
9- CHAPTER 48
13+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
14+
15+ Assembly Bill
16+
17+No. 271
18+
19+Introduced by Assembly Member Robert Rivas(Principal coauthor: Senator Laird)(Coauthors: Assembly Members Berman, Kalra, and Stone)(Coauthor: Senator Nielsen)January 19, 2021
20+
21+Introduced by Assembly Member Robert Rivas(Principal coauthor: Senator Laird)(Coauthors: Assembly Members Berman, Kalra, and Stone)(Coauthor: Senator Nielsen)
22+January 19, 2021
1023
1124 An act to add Section 21163 to the Public Contract Code, relating to public contracts.
12-
13- [ Approved by Governor July 09, 2021. Filed with Secretary of State July 09, 2021. ]
1425
1526 LEGISLATIVE COUNSEL'S DIGEST
1627
1728 ## LEGISLATIVE COUNSEL'S DIGEST
1829
1930 AB 271, Robert Rivas. Santa Clara Valley Water District: contracts: best value procurement.
2031
2132 Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000. This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2233
2334 Existing law authorizes certain local entities to select a bidder for a contract on the basis of best value, as defined. Existing law governs various types of contract procedures applicable to the Santa Clara Valley Water District and prescribes competitive bidding procedures for any improvement or unit of work over $50,000.
2435
2536 This bill would authorize the district, upon approval by the board of directors of the district, to award contracts on a best value basis for any work of the Anderson Dam project, defined to include prescribed activities and works of construction with regard to the Leroy Anderson Dam and Reservoir and certain fish and aquatic habitat measures described in a federal-state settlement agreement. The bill would require the district, if the board elects to award contracts on a best value basis, to comply with specified requirements governing the documents prepared, setting forth the scope and estimated price of the project and the request for qualifications, with bids evaluated using only the criteria and selection procedures identified in the procurement process documents. The bill would prohibit an Anderson Dam project contractor from being prequalified, shortlisted, or awarded a contract unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project, in accordance with certain criteria. By requiring certain information of bidders to be certified under penalty of perjury, the bill would expand an existing crime, thereby imposing a state-mandated local program.
2637
2738 This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District.
2839
2940 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
3041
3142 This bill would provide that no reimbursement is required by this act for a specified reason.
3243
3344 ## Digest Key
3445
3546 ## Bill Text
3647
3748 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.(b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.(c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.(d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.(e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.(f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.(g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.(h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.SEC. 2. Section 21163 is added to the Public Contract Code, to read:21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
3849
3950 The people of the State of California do enact as follows:
4051
4152 ## The people of the State of California do enact as follows:
4253
4354 SECTION 1. The Legislature finds and declares all of the following:(a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.(b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.(c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.(d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.(e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.(f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.(g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.(h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.
4455
4556 SECTION 1. The Legislature finds and declares all of the following:(a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.(b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.(c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.(d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.(e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.(f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.(g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.(h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.
4657
4758 SECTION 1. The Legislature finds and declares all of the following:
4859
4960 ### SECTION 1.
5061
5162 (a) The Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, is the largest reservoir in the county with a capacity of 89,278 acre-feet, is a critical part of the regions water supply system, and provides incidental flood protection, as well as environmental and recreational benefits.
5263
5364 (b) A breach of the Leroy Anderson Dam at full capacity could have catastrophic consequences, including inundation of a land area extending more than 30 miles northwest to San Francisco Bay, including the Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, and more than 40 miles southeast to Monterey Bay, including the Cities of Gilroy, Morgan Hill, and Watsonville. This area includes a significant part of the region known as Silicon Valley and is home to thousands of job-creating businesses that drive the regional, state, and national economies.
5465
5566 (c) The dam has been determined by the Santa Clara Valley Water District, the Department of Water Resources Division of Safety of Dams, and the Federal Energy Regulatory Commission to be at risk of an uncontrolled release of water due to a seismic event. On February 20, 2020, the Federal Energy Regulatory Commission directed the Santa Clara Valley Water District to maintain the reservoir at a level that is equivalent to 35 percent of the reservoirs capacity, begin draining the reservoir to deadpool by October 1, 2020, and expedite reconstruction and improvement of the dam outlet structure to begin as soon as feasible to allow the deadpool to be maintained. The Santa Clara Valley Water District is in the process of complying with the federal order and began the draining of the reservoir on October 1, 2020, and is moving expeditiously to construct a new dam outlet structure.
5667
5768 (d) Built in 1950 to the seismic and dam safety standards of the day, the dam would not withstand the largest likely earthquake, known as the maximum credible earthquake, on the nearby Calaveras and Coyote Creek faults. A 2008 seismic stability evaluation identified potential embankment instability as a result of seismic shaking and liquefaction. In 2012, and again in 2020, voters in the County of Santa Clara approved parcel taxes to pay for the initiation of the Anderson Dam Seismic Retrofit Project and pay for a portion of the overall project costs. By 2016, findings from the geotechnical and geologic investigations performed during the projects design phase led to the conclusion that a more extensive dam retrofit than had originally been envisioned would have to be performed, causing a necessary delay and redesign of the project.
5869
5970 (e) In February 2017, an atmospheric river event, which conveyed a series of wet storms to the region, resulted in flows over the dams spillway that, together with heavy flows from surrounding waterways, eventually exceeded the capacity of Coyote Creek. The creek flooded homes and businesses in economically diverse neighborhoods in San Jose, including disadvantaged communities and communities of color, requiring the evacuation of 14,000 people. The dams outlet, used to draw down the reservoir in an emergency, is too small by modern standards, and in advance of the 2017 storms, the outlet had been releasing as much water as possible for more than a month.
6071
6172 (f) The Santa Clara Valley Water Districts Anderson Dam Seismic Retrofit Project will remove and replace the dam. It will be constructed to modern seismic and dam safety standards, including increased capacities for the dams spillway and outlet to allow a rapid, controlled drawdown in an emergency and to enhance incidental flood protection.
6273
6374 (g) The Anderson Dam Seismic Retrofit Project is complex and must be evaluated under both state and federal environmental laws. The independent Board of Consultants, convened pursuant to the Federal Energy Regulatory Commission process, has recommended the best value method for awarding the construction contracts for the Anderson Dam Seismic Retrofit Project due to its complex design, delivery, and installation.
6475
6576 (h) Authorizing the Anderson Dam Seismic Retrofit Project for the best value method of contract award, similar to other major surface storage projects, is in keeping with construction industry practices and is prudent for a project of this scale and importance.
6677
6778 SEC. 2. Section 21163 is added to the Public Contract Code, to read:21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
6879
6980 SEC. 2. Section 21163 is added to the Public Contract Code, to read:
7081
7182 ### SEC. 2.
7283
7384 21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
7485
7586 21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
7687
7788 21163. (a) As used in this section:(1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.(B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.(3) Best value contract means a competitively bid contract entered into pursuant to this section.(4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.(5) District means the Santa Clara Valley Water District.(6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.(7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.(b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.(c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:(1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.(2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:(A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.(B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.(C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:(i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.(ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.(iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(v) Information concerning workers compensation experience history and a worker safety program.(vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.(vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.(3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.(d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2) Paragraph (1) shall not apply if either of the following requirements are met:(A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.(B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
7889
7990
8091
8192 21163. (a) As used in this section:
8293
8394 (1) (A) Anderson Dam project or project means any activity or work of construction to retrofit, repair, replace, or improve the safety of the Leroy Anderson Dam and Reservoir, owned by the Santa Clara Valley Water District and located in the County of Santa Clara, including any upstream or downstream construction, improvements, changes in operational activities, and flood protection measures that may be required to implement that activity or work.
8495
8596 (B) The Anderson Dam project or project includes any avoidance, minimization, or mitigation measures, including the Coyote Creek-related Phase 1 measures of the Fish and Aquatic Habitat Collaborative Effort, as described in the settlement agreement, determined to be appropriate by the district, in consultation with state and federal agencies identified as responsible agencies or trustee agencies pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
8697
8798 (2) Best value means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
8899
89100 (3) Best value contract means a competitively bid contract entered into pursuant to this section.
90101
91102 (4) Best value contractor means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract.
92103
93104 (5) District means the Santa Clara Valley Water District.
94105
95106 (6) Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.
96107
97108 (7) Settlement agreement means the agreement entitled Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District on Coyote, Guadalupe, and Stevens Creeks initialed on May 27, 2003, by the district, the United States Department of the Interior, United States Fish and Wildlife Service, the United States Department of Commerce, National Marine Fisheries Service, the California Department of Fish and Game, the Guadalupe-Coyote Resource Conservation District, Trout Unlimited, the Pacific Coast Federation of Fishermens Associations, and California Trout, Incorporated.
98109
99110 (b) Upon the approval of the board, the district may award contracts on a best value basis for any work for the Anderson Dam project.
100111
101112 (c) If the board elects to award a contract on a best value basis pursuant to the authorization in subdivision (b), the district shall comply with all of the following:
102113
103114 (1) The district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or layouts, or any other information deemed necessary to adequately describe the districts needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.
104115
105116 (2) The district shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, all of the following elements:
106117
107118 (A) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the district to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity.
108119
109120 (B) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other non-price-related factors.
110121
111122 (C) A standard template request for statements of qualifications prepared by the district. In preparing the standard template, the district may consult with the construction industry, the building trades and surety industry, and other local agencies with experience awarding a contract on a best value basis. The template shall require all of the following information:
112123
113124 (i) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, composed of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project.
114125
115126 (ii) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project.
116127
117128 (iii) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.
118129
119130 (iv) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.
120131
121132 (v) Information concerning workers compensation experience history and a worker safety program.
122133
123134 (vi) An acceptable safety record. Safety record means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidders safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period.
124135
125136 (vii) The information required under this subparagraph shall be certified under penalty of perjury by the bidder and its general partners or joint venture members.
126137
127138 (3) Bids shall be evaluated by using only the criteria and selection procedures specifically identified in the procurement process documents, including the request for qualifications, as specified in paragraphs (1) and (2), and the price.
128139
129140 (d) (1) An Anderson Dam project contractor shall not be prequalified, shortlisted, or awarded a contract, regardless of whether the best value process is used, unless the contractor provides an enforceable commitment to the district that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.
130141
131142 (2) Paragraph (1) shall not apply if either of the following requirements are met:
132143
133144 (A) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement.
134145
135146 (B) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
136147
137148 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act.
138149
139150 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act.
140151
141152 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings set forth in Section 1 of this act.
142153
143154 ### SEC. 3.
144155
145156 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
146157
147158 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
148159
149160 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
150161
151162 ### SEC. 4.