Page 20 - scvwa_sb634

Ch. 833 — 20 —

Sec. 31. (a) As a pilot program, the agency is authorized to award
contracts for recycled water program capital facilities construction projects
over five hundred thousand dollars ($500,000) using the design-build
contracting process or using construction manager at-risk contracts if, on
or before September 30, 2018, the agency has entered into a community
workforce agreement with the Los Angeles/Orange Counties Building and
Construction Trades Council that applies to all recycled water program
capital facilities construction contracts over five hundred thousand dollars
($500,000).
(b) The pilot community workforce agreement shall include provisions
to encourage local participation in contracts from within the Santa Clarita
Valley and surrounding communities to provide work opportunities within
the local community workforce. The pilot community workforce agreement
shall include provisions that support hiring opportunities for local military
service veterans.
(c) The pilot community workforce agreement shall be for a term of five
years, and may be renewed or modified for additional five-year terms upon
approval of the board of directors. If the board approves the renewal or
modification of the pilot community workforce agreement for additional
terms, the board shall have the authority to award contracts in accordance
with this section during any additional terms.
(d) The pilot community workforce agreement shall comply with Section
2500 of the Public Contract Code.
(e) Any payment or performance bond written for the purposes of this
section shall be written using a bond form developed by the agency.
(f) 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 awarded by the agency, to either the lowest responsible
bidder or by using the best value method, to an individual, partnership, joint
venture, corporation, or other recognized legal entity that satisfies all of the
following conditions:
(A) Is appropriately licensed in this state, including, but not limited to,
having a contractor’s license issued by the Contractors’ State License Board.
(B) 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) Possesses or obtains sufficient bonding to cover the contract amount
for construction services and risk and liability insurance, as may be required
by the agency.
(3) “Design-build contracting process” means the process described in
Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the
Public Contract Code, except that subdivision (c) of Section 22164 of the
Public Contract Code shall not apply.

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