SB 328, as introduced, Knight. Counties: public works contracts.
Existing law provides that if the estimated cost of construction of any county building or the cost of any painting, or repairs thereto exceeds a specified sum, the work shall be done by contract and that any such contract not let pursuant to specified provisions is void. Existing law requires a board of supervisors to award the contract to the lowest responsible bidder. Existing law authorizes a county, with approval of the board of supervisors, to utilize a procedure for bidding on construction projects in the county in excess of $2,500,000 and to award the project using either the lowest responsible bidder or by best value, as specified.
This bill would authorize a county, with approval of the board of supervisors, to utilize construction manager at-risk construction contracts for public works projects in excess of $1,000,000 and to award the construction manager at-risk construction contract using either the lowest responsible bidder or best value method, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 20146 is added to the Public Contract
2Code, to read:
(a) Notwithstanding any other law, a county, with
2approval of the board of supervisors, may utilize construction
3manager at-risk construction contracts for a public works project
4in excess of one million dollars ($1,000,000) and may award the
5construction manager at-risk construction contract using either the
6lowest responsible bidder or best value method.
7(b) For purposes of this section, the following definitions apply:
8(1) “Best value” means a value determined by objective criteria
9related to the experience of the entity and project personnel, project
10plan, financial strength of the entity, safety record of the entity,
11price, and other factors, as determined by the county.
12(2) “Construction manager at-risk contract” means a
13competitively procured contract by a county with an individual,
14partnership, joint venture, corporation, or other recognized legal
15entity, that is appropriately licensed in this state and that guarantees
16the cost of a project and furnishes construction management
17services, including, but not limited to, preparation and coordination
18of bid packages, scheduling, cost control, value engineering,
19evaluation, preconstruction services, and construction
20administration.
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