130242
. (a) In addition to the other powers it possesses, the Los
Angeles County Metropolitan Transportation Authority may enter into
contracts with private entities, the scope of which may combine
within a single contract all or some of the planning, design,
permitting, development, joint development, construction,
construction management, acquisition, leasing, installation, and
warranty of all or components of (1) transit systems, including,
without limitation, passenger loading or intermodal station
facilities, and (2) facilities on real property owned or to be owned
by the authority.
(b) The authority may award contracts pursuant to subdivision (a)
after a finding, by a two-thirds vote of the members of the
authority, that awarding the contract under this section will achieve
for the authority, among other things, certain private sector
efficiencies in the integration of design, project work, and
components.
(c) A contract awarded pursuant to this section may include
operation and maintenance elements, if the inclusion of those
elements (1) is necessary, in the reasonable judgment of the
authority, to assess vendor representations and warranties,
performance guarantees, or life-cycle efficiencies, and (2) does not
conflict with collective bargaining agreements to which the authority
is a party.
(d) Any construction, alteration, demolition, repairs, or other
works of improvement performed under a contract awarded pursuant to
this section shall be considered a public works project subject to
Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of
the Labor Code, and shall be enforced by the Department of Industrial
Relations in the same way it carries out this responsibility under
the Labor Code.
(e) A contract under this section shall be let to the lowest
responsible bidder whose bid is responsive to the criteria set forth
in the invitation for bids, or, at the authority's discretion, to a
contractor chosen by a competitive bidding process that employs
objective selection criteria that may include, but are not limited
to, the proposed design approach, features, functions, life-cycle
costs, and other criteria deemed appropriate by the authority, in
addition to price. Notice requesting bids or proposals shall be
published at least once in a newspaper of general circulation. For
contracts estimated to exceed ten million dollars ($10,000,000),
publication shall be made at least 60 days before the receipt of the
bids or price proposals. For contracts estimated not to exceed ten
million dollars ($10,000,000), publication shall be made at least 30
days before the receipt of the bids or price proposals. The
authority, at its discretion, may reject any and all bids and
proposals, and may readvertise. All bids and price proposals
submitted pursuant to this section shall be presented under sealed
cover and shall be accompanied by one of the following forms of
bidder security: (1) cash, (2) a cashier's check made payable to the
authority, (3) a certified check made payable to the authority, or
(4) a bidder's bond executed by an admitted surety insurer, made
payable to the authority. Upon an award, the security of each
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the authority beyond
60 days from the time the award is made.
(f) When the design of portions of the project permits the
selection of subcontractors, the contractor shall competitively bid
those portions. The contractor shall provide to the authority a list
of subcontractors whose work is in excess of one-half of 1 percent of
the total project cost as soon as the subcontractors are identified.
Once listed, the subcontractors shall have the rights provided in
the Subletting and Subcontracting Fair Practices Act (Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code).