AB 2235: Public contracts: local agencies: wind infrastructure.

Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to various exceptions. Existing law authorizes certain local government agencies to use alternative contracting methods, including best value procurement and progressive design-build contracting for particular types of public projects, including, among others, certain construction projects and regional communications and related infrastructure projects.

Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project, and imposes various duties on the Labor Commissioner with respect to those requirements.

This bill would authorize the City of Long Beach to procure contracts relating to the terminal development project at the Port of Long Beach, known as Pier Wind, and to enter into an alternative project delivery method contract for that purpose, as provided. The bill would require the city to prepare, publicly advertise, and issue solicitation documents to procure and award any contract, subject to prescribed requirements. For purposes of these provisions, the bill would authorize the city to perform various duties regarding the procurement and administration of these contracts, including amending those contracts, as prescribed.

The bill would impose various prohibitions and requirements on a business entity, including requiring that entity to provide payment bonds for the project and using a skilled and trained workforce to perform all construction work on the project. The bill would require the contract between the city and the business entity to comply with certain requirements, such as including errors and omissions insurance. The bill would require all documents related to the project to be subject to disclosure under the California Public Records Act. The bill would define various terms for purposes of its provisions.

The bill would state that its provisions are severable and would make legislative findings and declarations as to the necessity of a special statute for the City of Long Beach.