BILL NUMBER: SB 328	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

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  also
 authorizes a county, with approval of the board of supervisors,
to utilize  a   an alternative  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   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  in excess of $1,000,000 and  to award the
construction manager at-risk construction contract  
  may be awarded  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 
 A  county, with approval of the board of supervisors, may
utilize construction manager at-risk construction contracts for
 a public works project   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
 in excess of one million dollars ($1,000,000) and  may
award the construction manager at-risk construction contract
  may be awarded  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,  and  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.