BILL NUMBER: SB 328	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	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 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  only 
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   The  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   a copy  of the contract
available for public inspection on its Internet Web site  and to
notify the appropriate policy committees of the Legislature with
instructions on finding and accessing the stored contract  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  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) 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
 only  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   make a copy of
the contract  available for public inspection on its Internet
Web site  and notify the appropriate policy committees of the
  Legislature with instructions on finding and accessing the
stored contract  .
   (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.