Amended in Senate April 1, 2013

Senate Bill No. 328

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 amended, 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 begin insert also end insert authorizes a county, with approval of the board of supervisors, to utilize begin delete a end delete begin insert an alternative end insert 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 begin delete public works projects end delete begin insert the erection, construction, alteration, repair, or improvement of any building owned or leased by the county. The bill would provide that a construction manager at-risk contract may only be used for projects in the county end insert in excess of $1,000,000 and begin delete to award the construction manager at-risk construction contract end delete begin insert end insert begin insert may be awarded end insert 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)  begin delete Notwithstanding any other law, a end delete begin insert A end insert county, with
approval of the board of supervisors, may utilize construction
manager at-risk construction contracts for begin delete a public works project end delete
begin insert the erection, construction, alteration, repair, or improvement of
any building owned or leased by the county. A construction
manager at-risk construction contract may only be used for
projects in the county end insert in excess of one million dollars ($1,000,000)
and begin delete may award the construction manager at-risk construction
contract end delete begin insert may be awarded end insert 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,
begin insert and end insert price begin delete , and other factors, as determined by the county end delete .

(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.