BILL NUMBER: SB 328	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Knight

                        FEBRUARY 19, 2013

   An act to add  and repeal  Section 20146  to
  of  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 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,  until January 1, 2021,
 with approval of the board of supervisors, to utilize
construction manager at-risk construction contracts for 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 may be awarded using either
the lowest responsible bidder or best value method, as defined. 
This bill would require that subcontractors that were not listed by
a construction manager at-risk entity as partners, general partners,
or association members in a partnership, limited partnership, or
association in the entity's construction manager at-risk bid
submission, be awarded certain work by the construction manager
at-risk entity in accordance with the process set forth by the
county, as provided.  
   This bill would require a county that elects to use a construction
manager at-risk contract to submit to the office of the State
Controller a copy of the construction manager at-risk contract, and
would require the office of the State Controller to make the copies
of the contract available for public inspection on its Internet Web
site. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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) A county, with approval of the board of supervisors,
may utilize construction manager at-risk construction contracts for
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 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.
   (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. 
   (c) Subcontractors that were not listed by a construction manager
at-risk entity as partners, general partners, or association members
in a partnership, limited partnership, or association in the entity's
construction manager at-risk bid submission shall be awarded by the
construction manager at-risk entity in accordance with the process
set forth by the county. All subcontractors bidding on contracts
pursuant to this section shall be afforded the protections contained
in Chapter 4 (commencing with Section 4100) of Part 1. The
construction manager at-risk entity shall do both of the following:
 
   (1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county. 

   (2) Provide a fixed date and time on which the subcontracted work
will be awarded in accordance with the procedure established pursuant
to this section.  
   (d) A county that elects to proceed under this section and uses a
construction manager at-risk contract for a building project shall
submit to the office of the State Controller, in electronic format, a
copy of the construction manager at-risk contract. The office of the
State Controller shall make the copies of contracts it receives
pursuant to this subdivision available for public inspection on its
Internet Web site.  
   (e) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.