20360-20369
PUBLIC CONTRACT CODE
SECTION 20360-20369
20360. This article applies to contracts by the Los Angeles County Transportation Commission for rail transit facilities. 20361. As used in this article, the following terms have the definitions provided: (a) "Commission" means the Los Angeles County Transportation Commission. (b) "Department" means the Department of Transportation. (c) "Protection from competition" means any contractual provision that is necessary to protect the project revenues required to repay the costs to study, plan, design, build, acquire, install, operate, and maintain rail transit systems and related facilities, and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities. 20362. (a) Notwithstanding any other provision of law, the commission may solicit proposals from, and negotiate and enter into agreements with, private entities for the study, planning, design, development, acquisition, installation, construction, leasing, and warranty of rail transit systems that implement advanced rail transit technology and related works of improvements, including passenger loading or intermodal facilities. (b) A procurement pursuant to this article, or a procurement for the purposes specified in this article commenced prior to January 1, 1992, is valid if all of the following requirements are met: (1) The commission shall make a finding by a two-thirds vote of all of its members that a specific procurement is in the best interests of the public. (2) A request for proposals shall identify all significant evaluation factors. (3) The commission shall establish reasonable procedures for technical evaluation of the proposals received and selection of proposals for the purposes of negotiations and entering into an agreement. (4) The commission may negotiate and enter into agreements with proposers whose projects the commission determines meet the objectives of the requests for proposals. The decisions of the commission shall be discretionary, shall be based on a finding that the decisions made are in the best interest of the public, and shall be final. (5) The commission shall conduct noticed public hearings, as follows: (A) Prior to selecting a proposal or proposals for negotiation, hear public comments on and objections to the proposals received. Following consideration of those public comments and objections, the commission and shall accept, reject, or accept with conditions a proposal or proposals for negotiation of a proposed agreement; and (B) Subsequent to selecting a proposal or proposals and prior to entering into an agreement, hear public comments on and objections to the terms and conditions of the proposed agreement. Following consideration of those public comments and objections, the commission shall approve, disapprove, or approve with conditions the proposed agreement or agreements. (c) The commission shall make every effort to encourage the production in the Los Angeles area of rail transit equipment and materials procured pursuant to this article, unless federal funds are used for development of the rail transit system, in which case the commission shall encourage that local production to the extent allowed by federal law. 20363. For purposes of facilitating these projects, the agreements may include provisions for the lease of facilities, rights-of-way, and airspace, exercise of the power of eminent domain to facilitate the purposes of the agreements, the granting of development rights and opportunities, the granting of necessary easements and rights of access, the issuance of permits and other authorizations, protection from competition, the sharing of costs and liabilities, remedies in the event of default of either of the parties, granting of other contractual and real property rights, and other provisions determined necessary to ensure the financing, development, and operation of feasible facilities. 20364. (a) The commission may exercise any power it possesses to facilitate the implementation of rail transit systems and related facilities pursuant to this article. (b) Any agreement for the operation of rail transit systems constructed pursuant to this article shall be consistent with applicable law. 20365. (a) The commission and the department may enter into agreements with each other that define the responsibilities of each party in implementing the program pursuant to this article. The department may exercise any power it possesses to facilitate the implementation of, and use of rights-of-way for, rail transit systems and related facilities pursuant to this article. (b) At the request of the commission, the department shall lease to the commission for up to 99 years, pursuant to subdivision (c), and the commission may sublease to third parties in accordance with this article, the use of areas above or below that portion of existing state highways and any portion other than the traveled portion of the right-of-way of state highways, to be directly used for rail transit systems, intermodal facilities, and related commercial development, so long as the improvements are feasible from an engineering standpoint, in conformity with established safety design standards, not in conflict with improvements to the affected state highway the department reasonably contemplated at the time of the lease, consistent with good ecological and environmental planning, and not in conflict with the zoning regulations of the local government concerned. (c) The commission shall pay to the department one dollar ($1) per year for 35 years in consideration for the lease. Thereafter, the commission shall pay to the department an amount equal to 50 percent of the fair market value of the remainder of the lease. (d) The revenues the commission receives from any sublease shall reflect a fair market return over the term of the sublease, giving consideration to the improvements, dedications, fees, and other contributions the sublessee agrees to make for the rail transit system, intermodal facilities and other public facilities, and shall be deposited in a special fund, kept separate and apart from other funds, and used solely to pay or reimburse the commission for all costs it has incurred or will incur in connection with the development, operation, and maintenance of the rail transit system to which the sublease is related. However, if revenues exceed those costs and an adequate reserve for anticipated future costs, the department shall be entitled to the excess revenues. 20366. Projects authorized by this article shall do all of the following: (a) Provide an opportunity to utilize advanced rail transit technology. (b) Retain for the commission the authority to establish fare rates. (c) Require no funding from the transactions and use tax revenues of the commission or from state funds directly for construction of rail transit systems and related facilities during the construction period of the rail transit system. However, nothing in this subdivision precludes the use or commitment of funds in connection with any guaranty, insurance policy, letter of credit agreement, or other credit enhancement or liquidity arrangement issued by the commission for the payment of interest, principal, and premiums on any loan, lease, bond, certificate of participation or other obligation, or evidence of indebtedness incurred in connection with the construction of the rail transit system and related facilities. (d) In the County of Los Angeles, include a system linking the Los Angeles International Airport with the Palmdale Regional Airport. (e) Provide new service to commuters and an economic benefit to the public. 20367. All contracts entered into pursuant to this article shall include a requirement that the contractor exercise good faith efforts to achieve the disadvantaged business enterprise participation goals to be established for each contract by the commission in accordance with that agency's disadvantaged business enterprise program. The overall participation goal for the total dollar value of contracts awarded pursuant to this article shall be not less than 20 percent for disadvantaged business enterprises. 20368. A project constructed pursuant to this article is a public works project for purposes of Section 1720 of the Labor Code. 20369. Construction or operation of a project may require the relocation, replacement, or alteration of facilities of another public agency or private owner. The costs of that relocation, replacement, or alteration shall be borne by the commission and the facility owner in the same manner and proportion as they would be borne by the department and a facility owner with respect to state highways pursuant to Sections 680 and 700 to 711, inclusive, of the Streets and Highways Code.