BILL NUMBER: SB 328	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        FEBRUARY 19, 2013

   An act to add Section 20146 to the Public Contract Code, relating
to public works contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 20146 is added to the Public Contract Code, to
read:
   20146.  (a) Notwithstanding any other law, a county, with approval
of the board of supervisors, may utilize construction manager
at-risk construction contracts for a public works project in excess
of one million dollars ($1,000,000) and may award the construction
manager at-risk construction contract using either the lowest
responsible bidder or best value method.
   (b) For purposes of this section, the following definitions apply:

   (1) "Best value" means a value determined by objective criteria
related to the experience of the entity and project personnel,
project plan, financial strength of the entity, safety record of the
entity, price, and other factors, as determined by the county.
   (2) "Construction manager at-risk contract" means a competitively
procured contract by a county with an individual, partnership, joint
venture, corporation, or other recognized legal entity, that is
appropriately licensed in this state and that guarantees the cost of
a project and furnishes construction management services, including,
but not limited to, preparation and coordination of bid packages,
scheduling, cost control, value engineering, evaluation,
preconstruction services, and construction administration.