State Codes and Statutes

Statutes > California > Edc > 17250.10-17250.50

EDUCATION CODE
SECTION 17250.10-17250.50



17250.10.  (a) It is the intent of the Legislature to enable school
districts to utilize safe and cost-effective options for building and
modernizing school facilities. The Legislature has recognized the
merits of the design-build procurement process in the past by
authorizing its use for projects undertaken by the University of
California, specified local government projects, and state office
buildings.
   (b) The Legislature also finds and declares that school districts
utilizing a design-build contract require a clear understanding of
the roles and responsibilities of each participant in the
design-build process. The benefits of a design-build contract project
delivery system include an accelerated completion of the projects,
cost containment, reduction of construction complexity, and reduced
exposure to risk for the school district. The Legislature also finds
that the cost-effective benefits to the school districts are achieved
by shifting the liability and risk for cost containment and project
completion to the design-build entity.
   (c) It is the intent of the Legislature to provide an optional,
alternative procedure for bidding and building school construction
projects.
   (d) In addition, it is the intent of the Legislature that the full
scope of design, construction, and equipment awarded to a
design-build entity shall be authorized in a single funding phase.
The funding phase may be authorized concurrently with, or separately
from, the phase that authorizes the creation of the performance
criteria and concept drawings.
   (e) It is the intent of the Legislature that design-build
procurement as authorized by the act adding this chapter shall not be
construed to extend, limit, or change in any manner the legal
responsibility of public agencies and contractors to comply with
existing laws.


17250.15.  As used in this chapter, the following terms have the
following meanings:
   (a) "Best value" means a value determined by objective criteria
and may include, but need not be limited to, price, features,
functions, life-cycle costs, and other criteria deemed appropriate by
the school district.
   (b) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
   (c) "Design-build entity" means a corporation, limited
partnership, partnership, or other association that is able to
provide appropriately licensed contracting, architectural, and
engineering services as needed pursuant to a design-build contract.



17250.20.  Upon making a determination by a school district
governing board that it is in the best interest of the school
district, the governing board may enter into a design-build contract
for both the design and construction of a school facility if that
expenditure exceeds two million five hundred thousand dollars
($2,500,000) if, after evaluation of the traditional design, bid, and
build process of school construction and of the design-build process
in a public meeting, the governing board makes written findings that
use of the design-build process on the specific project under
consideration will accomplish one of the following objectives: reduce
comparable project costs, expedite the project's completion, or
provide features not achievable through the traditional
design-bid-build method. The governing board also shall review the
guidelines developed pursuant to Section 17250.40 and shall adopt a
resolution approving the use of a design-build contract pursuant to
this chapter prior to entering into a design-build contract.




17250.25.  Design-build projects shall progress as follows:
   (a) (1) The school district governing board shall prepare a
request for proposal setting forth the scope of the project that may
include, but is not limited to, the size, type and desired design
character of the buildings and site, performance specifications
covering the quality of materials, equipment, and workmanship,
preliminary plans or building layouts, or any other information
deemed necessary to describe adequately the school district's needs.
The performance specifications and any plans shall be prepared by a
design professional duly licensed or registered in this state.
   (2) Each request for proposal shall do all of the following:
   (A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary by
the school district to inform interested parties of the contracting
opportunity.
   (B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the school district.
   (C) Include a section identifying and describing the following:
   (i) All significant factors and subfactors that the school
district reasonably expects to consider in evaluating proposals,
including cost or price and all nonprice related factors and
subfactors.
   (ii) The methodology and rating or weighting scheme that will be
used by the school district governing board in evaluating competitive
proposals and specifically whether proposals will be rated according
to numeric or qualitative values.
   (iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.
   (iv) As an alternative to clause (iii), the governing board of a
school district shall specifically disclose whether all evaluation
factors other than cost or price, when combined, are any of the
following:
   (I) Significantly more important than cost or price.
   (II) Approximately equal in importance to cost or price.
   (III) Significantly less important than cost or price.
   (v) If the school district governing board wishes to reserve the
right to hold discussions or negotiations with responsive bidders, it
shall so specify in the request for proposal and shall publish
separately or incorporate into the request for proposal applicable
rules and procedures to be observed by the school district to ensure
that any discussions or negotiations are conducted in a fair and
impartial manner.
   (3) Notwithstanding Section 4-315 of Title 24 of the California
Code of Regulations, an architect or structural engineer who is party
to a design-build entity may perform the services set forth in
Section 17302.
   (b) (1) The school district shall establish a procedure to
prequalify design-build entities using a standard questionnaire
developed by the Director of the Department of Industrial Relations.
In preparing the questionnaire, the director shall consult with the
construction industry, including representatives of the building
trades, surety industry, school districts, and other affected
parties. This questionnaire shall require information including, but
not limited to, all of the following:
   (A) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members who will participate as
subcontractors in the design-build contract, including, but not
limited to, electrical and mechanical subcontractors.
   (B) Evidence that the members of the design-build entity have
completed, or demonstrated, the experience, competency, capability,
and capacity to complete projects of similar size, scope or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project.
   (C) The licenses, registration, and credentials required to design
and construct the project, including information on the revocation
or suspension of any license, credential, or registration.
   (D) Evidence that establishes that the design-build entity has the
capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance, as well as a
financial statement that assures the school district that the
design-build entity has the capacity to complete the project.
   (E) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code) or the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596), settled
against any member of the design-build entity, and information
concerning a contractor member's workers' compensation experience
history and worker safety program.
   (F) Information concerning any debarment, disqualification, or
removal from a federal, state or local government public works
project.
   (G) Any instance where an entity, its owners, officers, or
managing employees, submitted a bid on a public works project and
were found by an awarding body not to be a responsible bidder.
   (H) Any instance where the entity, its owner, officers, or
managing employees defaulted on a construction contract.
   (I) Any prior violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contribution Act (FICA) withholding
requirements, settled against any member of the design-build entity.
   (J) Information concerning the bankruptcy or receivership of any
member of the entity, including information concerning any work
completed by a surety.
   (K) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five-year period
preceding submission of the bid pursuant to this section, in which
the claim, settlement, or judgment exceeds fifty thousand dollars
($50,000). Information shall also be provided concerning any work
completed by a surety during this period.
   (L) In the case of a partnership or other association that is not
a legal entity, a copy of the agreement creating the partnership or
association.
   (2) The information required pursuant to this subdivision shall be
verified under oath by the design-build entity and its members in
the manner in which civil pleadings in civil actions are verified.
Information that is not a public record pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I of the Government Code) shall not be open to
public inspection.
   (c) The school district shall establish a procedure for final
selection of the design-build entity. Selection shall be based on
either of the following criteria:
   (1) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Award shall be made on the
basis of the lowest responsible bid.
   (2) Notwithstanding any other provision of this code or of Section
20110 of the Public Contract Code, a school district may use a
design-build competition based upon performance and other criteria
set forth by the governing board in the solicitation of proposals.
Criteria used in this evaluation of proposals may include, but need
not be limited to, the proposed design approach, life cycle costs,
project features, and project functions. However, competitive
proposals shall be evaluated by using the criteria and source
selection procedures specifically identified in the request for
proposal. Once the evaluation is complete, all responsive bidders
shall be ranked from the most advantageous to least advantageous to
the school district.
   (A) Any architectural or engineering firm or individual retained
by the governing body of the school district to assist in the
development criteria or preparation of the request for proposal shall
not be eligible to participate in the competition with the
design-build entity.
   (B) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing by the school
district, to be the best value to the school district.
   (C) Proposals shall be evaluated and scored solely on the basis of
the factors and source selection procedures identified in the
request for proposal. However, the following minimum factors shall
collectively represent at least 50 percent of the total weight or
consideration given to all criteria factors: price, technical
expertise, life cycle costs over 15 years or more, skilled labor
force availability, and acceptable safety record.
   (D) The school district governing board shall issue a written
decision supporting its contract award and stating in detail the
basis of the award. The decision and the contract file must be
sufficient to satisfy an external audit.
   (E) Notwithstanding any provision of the Public Contract Code,
upon issuance of a contract award, the school district governing
board shall publicly announce its awards identifying the contractor
to whom the award is made, the winning contractor's price proposal
and its overall combined rating on the request for proposal
evaluation factors. The notice of award shall also include the agency'
s ranking in relation to all other responsive bidders and their
respective price proposals and a summary of the school district's
rationale for the contract award.
   (F) For the purposes of this chapter, "skilled labor force
availability" means that an agreement exists with a registered
apprenticeship program, approved by the California Apprenticeship
Council, which has graduated apprentices in the preceding five years.
This graduation requirement shall not apply to programs providing
apprenticeship training for any craft that has not been deemed by the
Department of Labor and the Department of Industrial Relations to be
an apprenticable craft in the two years prior to enactment of this
act.
   (G) For the purposes of this chapter, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury or illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category, or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.



17250.30.  (a) Any design-build entity that is selected to design
and build a project pursuant to this chapter shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omissions insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This chapter does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
   (b) Any payment or performance bond written for the purposes of
this chapter shall use a bond form developed by the Department of
General Services pursuant to subdivision (g) of Section 14661 of the
Government Code. The purpose of this subdivision is to promote
uniformity of bond forms to be used on school district design-build
projects throughout the state.
   (c) (1) All subcontracts that were not listed by the design-build
entity in accordance with Section 17250.25 shall be awarded by the
design-build entity.
   (2) The design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded.
   (3) Subcontractors bidding on contracts pursuant to this
subdivision shall be afforded the protections contained in Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code.
   (4) (A) If the school district elects to award a project pursuant
to this section, retention proceeds withheld by the school district
from the design-build entity shall not exceed 5 percent if a
performance and payment bond, issued by an admitted surety insurer,
is required in the solicitation of bids.
   (B) In a contract between the design-build entity and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld shall not exceed the percentage specified in the contract
between the school district and the design-build entity. If the
design-build entity provides written notice to any subcontractor who
is not a member of the design-build entity, prior to or at the time
the bid is requested, that a bond may be required and the
subcontractor subsequently is unable or refuses to furnish a bond to
the design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the school district and the design-build entity from
any payment made by the design-build entity to the subcontractor.
   (5) In accordance with the provisions of applicable state law, the
design-build entity may be permitted to substitute securities in
lieu of the withholding from progress payments. Substitutions shall
be made in accordance with Section 22300 of the Public Contract Code.
   (d) (1) For contracts awarded prior to the effective date of
either the regulations adopted by the Department of Industrial
Relations pursuant to subdivision (b) of Section 1771.55 of the Labor
Code or the fees established by the department pursuant paragraph
(2), the school district shall establish and enforce a labor
compliance program containing the requirements outlined in Section
1771.5 of the Labor Code or shall contract with a third party to
operate a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code. This requirement shall
not apply to projects where the school district or the design-build
entity has entered into a collective bargaining agreement that binds
all of the contractors performing work on the project.
   (2) For contracts awarded on or after the effective date of both
the regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this paragraph,
the school district shall pay a fee to the department, in an amount
that the department shall establish, and as it may from time to time
amend, sufficient to support the department's costs in ensuring
compliance with and enforcing prevailing wage requirements on the
project, and labor compliance enforcement as set forth in subdivision
(b) of Section 1771.55. All fees collected pursuant to this
subdivision shall be deposited in the State Public Works Enforcement
Fund created by Section 1771.3 of the Labor Code, and shall be used
only for enforcement of prevailing wage requirements on those
projects.
   (3) The Department of Industrial Relations may waive the fee set
forth in paragraph (2) for a school district that has previously been
granted approval by the director to initiate and operate a labor
compliance program on the district's projects, and that requests to
continue to operate that labor compliance program on its projects in
lieu of labor compliance by the department pursuant to subdivision
(b) of Section 1771.55. The fee shall not be waived for a district
that contracts with a third party to initiate and enforce labor
compliance programs on the district's projects.




17250.35.  (a) The minimum performance criteria and design standards
established pursuant to this chapter by a school district for
quality, durability, longevity, and life-cycle costs, and other
criteria deemed appropriate by the school district shall be adhered
to by the design-build entity. Any deviations from those standards
may only be allowed by written consent of the school district. The
governing board may, and is strongly encouraged to, retain the
services of an architect or structural engineer throughout the course
of the project in order to ensure compliance with this chapter. Any
architect or structural engineer retained pursuant to this
subdivision shall be duly licensed and registered in California.
   (b) The school district governing board shall be the employer of
the project inspector. The project inspector shall be fully
independent from any member of the design-build entity and shall not
have an affiliation with any member of the design-build entity or any
of the project subcontractors. The project inspector shall act under
the direction of either the Director of General Services or a
competent, qualified agent of the school district.
   (c) The total price of the project shall be determined either upon
receipt of the lump-sum bids as set forth in paragraph (1) of
subdivision (c) of Section 17250.25, or by completion of the process
pursuant to paragraph (2) of subdivision (c) of Section 17250.25.
   (d) (1) Each contract with a design-build entity shall provide
that no construction or alteration of any school building pursuant to
this section shall commence prior to the receipt of the written
approval of the plans, as to the safety of design and construction,
from the Department of General Services.
   (2) For purposes of this subdivision, "plans" includes, but is not
limited to, plans for foundations or other building systems based on
design criteria provided by the architect or structural engineer of
the design-build entity to the Department of General Services prior
to the receipt of completed building plans. For purposes of this
paragraph, "other building systems" are building systems determined
by the Division of the State Architect.
   (3) Compliance with paragraph (1) shall be deemed to be in
compliance with Sections 17267 and 17297.
   (e) The design-build entity shall be liable for building the
facility to specifications set forth in the design-build contract in
the absence of contractual language to the contrary.




17250.40.  The Superintendent of Public Instruction shall, in
consultation with the Secretary for Education, the Department of
General Services, the Energy Resources, Conservation and Development
Commission, Seismic Safety Commission, school district
representatives, and industry representatives, develop guidelines for
design-build projects. The guidelines shall be developed within six
months of the operative date of this chapter.



17250.45.  Each school district governing board that adopts the
design-build process for a school construction project shall submit
to the Legislative Analyst a report on the project at the completion
of the project. Completion shall have the same meaning as defined in
subdivision (c) of Section 7107 of the Public Contract Code. This
report shall be submitted within 60 days after completion of the
project. The Legislative Analyst shall submit an interim report to
the Legislature by January 1, 2004, and a final report to the
Legislature by January 1, 2006. The reports shall include, but not be
limited to, all of the following information as to each project:
   (a) The type of facility.
   (b) The gross square footage of the facility.
   (c) The company or contractor who was awarded the project.
   (d) The estimated and actual length of time to complete the
project.
   (e) The estimated and actual project cost.
   (f) A description of the relative merits of a project procured
pursuant to this chapter and similar projects procured pursuant to
other provisions of this code.
   (g) A description of any written protest concerning any aspect of
the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protest.
   (h) Other pertinent information that may be instructive in
evaluating whether the design-build method of procurement should be
continued, expanded, or prohibited.
   (i) The findings established pursuant to Section 17250.20 and a
post-completion evaluation as to whether the findings were achieved.
   (j) Any Labor Code violations discovered during the course of
construction or following completion of the project, as well as any
fines or penalties assessed.



17250.50.  A school district shall not commence any additional
design-build projects if 60 days has elapsed after completion of a
design-build project without having filed the report to the
Legislative Analyst's Office required pursuant to Section 17250.45.



State Codes and Statutes

Statutes > California > Edc > 17250.10-17250.50

EDUCATION CODE
SECTION 17250.10-17250.50



17250.10.  (a) It is the intent of the Legislature to enable school
districts to utilize safe and cost-effective options for building and
modernizing school facilities. The Legislature has recognized the
merits of the design-build procurement process in the past by
authorizing its use for projects undertaken by the University of
California, specified local government projects, and state office
buildings.
   (b) The Legislature also finds and declares that school districts
utilizing a design-build contract require a clear understanding of
the roles and responsibilities of each participant in the
design-build process. The benefits of a design-build contract project
delivery system include an accelerated completion of the projects,
cost containment, reduction of construction complexity, and reduced
exposure to risk for the school district. The Legislature also finds
that the cost-effective benefits to the school districts are achieved
by shifting the liability and risk for cost containment and project
completion to the design-build entity.
   (c) It is the intent of the Legislature to provide an optional,
alternative procedure for bidding and building school construction
projects.
   (d) In addition, it is the intent of the Legislature that the full
scope of design, construction, and equipment awarded to a
design-build entity shall be authorized in a single funding phase.
The funding phase may be authorized concurrently with, or separately
from, the phase that authorizes the creation of the performance
criteria and concept drawings.
   (e) It is the intent of the Legislature that design-build
procurement as authorized by the act adding this chapter shall not be
construed to extend, limit, or change in any manner the legal
responsibility of public agencies and contractors to comply with
existing laws.


17250.15.  As used in this chapter, the following terms have the
following meanings:
   (a) "Best value" means a value determined by objective criteria
and may include, but need not be limited to, price, features,
functions, life-cycle costs, and other criteria deemed appropriate by
the school district.
   (b) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
   (c) "Design-build entity" means a corporation, limited
partnership, partnership, or other association that is able to
provide appropriately licensed contracting, architectural, and
engineering services as needed pursuant to a design-build contract.



17250.20.  Upon making a determination by a school district
governing board that it is in the best interest of the school
district, the governing board may enter into a design-build contract
for both the design and construction of a school facility if that
expenditure exceeds two million five hundred thousand dollars
($2,500,000) if, after evaluation of the traditional design, bid, and
build process of school construction and of the design-build process
in a public meeting, the governing board makes written findings that
use of the design-build process on the specific project under
consideration will accomplish one of the following objectives: reduce
comparable project costs, expedite the project's completion, or
provide features not achievable through the traditional
design-bid-build method. The governing board also shall review the
guidelines developed pursuant to Section 17250.40 and shall adopt a
resolution approving the use of a design-build contract pursuant to
this chapter prior to entering into a design-build contract.




17250.25.  Design-build projects shall progress as follows:
   (a) (1) The school district governing board shall prepare a
request for proposal setting forth the scope of the project that may
include, but is not limited to, the size, type and desired design
character of the buildings and site, performance specifications
covering the quality of materials, equipment, and workmanship,
preliminary plans or building layouts, or any other information
deemed necessary to describe adequately the school district's needs.
The performance specifications and any plans shall be prepared by a
design professional duly licensed or registered in this state.
   (2) Each request for proposal shall do all of the following:
   (A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary by
the school district to inform interested parties of the contracting
opportunity.
   (B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the school district.
   (C) Include a section identifying and describing the following:
   (i) All significant factors and subfactors that the school
district reasonably expects to consider in evaluating proposals,
including cost or price and all nonprice related factors and
subfactors.
   (ii) The methodology and rating or weighting scheme that will be
used by the school district governing board in evaluating competitive
proposals and specifically whether proposals will be rated according
to numeric or qualitative values.
   (iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.
   (iv) As an alternative to clause (iii), the governing board of a
school district shall specifically disclose whether all evaluation
factors other than cost or price, when combined, are any of the
following:
   (I) Significantly more important than cost or price.
   (II) Approximately equal in importance to cost or price.
   (III) Significantly less important than cost or price.
   (v) If the school district governing board wishes to reserve the
right to hold discussions or negotiations with responsive bidders, it
shall so specify in the request for proposal and shall publish
separately or incorporate into the request for proposal applicable
rules and procedures to be observed by the school district to ensure
that any discussions or negotiations are conducted in a fair and
impartial manner.
   (3) Notwithstanding Section 4-315 of Title 24 of the California
Code of Regulations, an architect or structural engineer who is party
to a design-build entity may perform the services set forth in
Section 17302.
   (b) (1) The school district shall establish a procedure to
prequalify design-build entities using a standard questionnaire
developed by the Director of the Department of Industrial Relations.
In preparing the questionnaire, the director shall consult with the
construction industry, including representatives of the building
trades, surety industry, school districts, and other affected
parties. This questionnaire shall require information including, but
not limited to, all of the following:
   (A) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members who will participate as
subcontractors in the design-build contract, including, but not
limited to, electrical and mechanical subcontractors.
   (B) Evidence that the members of the design-build entity have
completed, or demonstrated, the experience, competency, capability,
and capacity to complete projects of similar size, scope or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project.
   (C) The licenses, registration, and credentials required to design
and construct the project, including information on the revocation
or suspension of any license, credential, or registration.
   (D) Evidence that establishes that the design-build entity has the
capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance, as well as a
financial statement that assures the school district that the
design-build entity has the capacity to complete the project.
   (E) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code) or the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596), settled
against any member of the design-build entity, and information
concerning a contractor member's workers' compensation experience
history and worker safety program.
   (F) Information concerning any debarment, disqualification, or
removal from a federal, state or local government public works
project.
   (G) Any instance where an entity, its owners, officers, or
managing employees, submitted a bid on a public works project and
were found by an awarding body not to be a responsible bidder.
   (H) Any instance where the entity, its owner, officers, or
managing employees defaulted on a construction contract.
   (I) Any prior violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contribution Act (FICA) withholding
requirements, settled against any member of the design-build entity.
   (J) Information concerning the bankruptcy or receivership of any
member of the entity, including information concerning any work
completed by a surety.
   (K) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five-year period
preceding submission of the bid pursuant to this section, in which
the claim, settlement, or judgment exceeds fifty thousand dollars
($50,000). Information shall also be provided concerning any work
completed by a surety during this period.
   (L) In the case of a partnership or other association that is not
a legal entity, a copy of the agreement creating the partnership or
association.
   (2) The information required pursuant to this subdivision shall be
verified under oath by the design-build entity and its members in
the manner in which civil pleadings in civil actions are verified.
Information that is not a public record pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I of the Government Code) shall not be open to
public inspection.
   (c) The school district shall establish a procedure for final
selection of the design-build entity. Selection shall be based on
either of the following criteria:
   (1) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Award shall be made on the
basis of the lowest responsible bid.
   (2) Notwithstanding any other provision of this code or of Section
20110 of the Public Contract Code, a school district may use a
design-build competition based upon performance and other criteria
set forth by the governing board in the solicitation of proposals.
Criteria used in this evaluation of proposals may include, but need
not be limited to, the proposed design approach, life cycle costs,
project features, and project functions. However, competitive
proposals shall be evaluated by using the criteria and source
selection procedures specifically identified in the request for
proposal. Once the evaluation is complete, all responsive bidders
shall be ranked from the most advantageous to least advantageous to
the school district.
   (A) Any architectural or engineering firm or individual retained
by the governing body of the school district to assist in the
development criteria or preparation of the request for proposal shall
not be eligible to participate in the competition with the
design-build entity.
   (B) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing by the school
district, to be the best value to the school district.
   (C) Proposals shall be evaluated and scored solely on the basis of
the factors and source selection procedures identified in the
request for proposal. However, the following minimum factors shall
collectively represent at least 50 percent of the total weight or
consideration given to all criteria factors: price, technical
expertise, life cycle costs over 15 years or more, skilled labor
force availability, and acceptable safety record.
   (D) The school district governing board shall issue a written
decision supporting its contract award and stating in detail the
basis of the award. The decision and the contract file must be
sufficient to satisfy an external audit.
   (E) Notwithstanding any provision of the Public Contract Code,
upon issuance of a contract award, the school district governing
board shall publicly announce its awards identifying the contractor
to whom the award is made, the winning contractor's price proposal
and its overall combined rating on the request for proposal
evaluation factors. The notice of award shall also include the agency'
s ranking in relation to all other responsive bidders and their
respective price proposals and a summary of the school district's
rationale for the contract award.
   (F) For the purposes of this chapter, "skilled labor force
availability" means that an agreement exists with a registered
apprenticeship program, approved by the California Apprenticeship
Council, which has graduated apprentices in the preceding five years.
This graduation requirement shall not apply to programs providing
apprenticeship training for any craft that has not been deemed by the
Department of Labor and the Department of Industrial Relations to be
an apprenticable craft in the two years prior to enactment of this
act.
   (G) For the purposes of this chapter, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury or illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category, or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.



17250.30.  (a) Any design-build entity that is selected to design
and build a project pursuant to this chapter shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omissions insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This chapter does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
   (b) Any payment or performance bond written for the purposes of
this chapter shall use a bond form developed by the Department of
General Services pursuant to subdivision (g) of Section 14661 of the
Government Code. The purpose of this subdivision is to promote
uniformity of bond forms to be used on school district design-build
projects throughout the state.
   (c) (1) All subcontracts that were not listed by the design-build
entity in accordance with Section 17250.25 shall be awarded by the
design-build entity.
   (2) The design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded.
   (3) Subcontractors bidding on contracts pursuant to this
subdivision shall be afforded the protections contained in Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code.
   (4) (A) If the school district elects to award a project pursuant
to this section, retention proceeds withheld by the school district
from the design-build entity shall not exceed 5 percent if a
performance and payment bond, issued by an admitted surety insurer,
is required in the solicitation of bids.
   (B) In a contract between the design-build entity and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld shall not exceed the percentage specified in the contract
between the school district and the design-build entity. If the
design-build entity provides written notice to any subcontractor who
is not a member of the design-build entity, prior to or at the time
the bid is requested, that a bond may be required and the
subcontractor subsequently is unable or refuses to furnish a bond to
the design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the school district and the design-build entity from
any payment made by the design-build entity to the subcontractor.
   (5) In accordance with the provisions of applicable state law, the
design-build entity may be permitted to substitute securities in
lieu of the withholding from progress payments. Substitutions shall
be made in accordance with Section 22300 of the Public Contract Code.
   (d) (1) For contracts awarded prior to the effective date of
either the regulations adopted by the Department of Industrial
Relations pursuant to subdivision (b) of Section 1771.55 of the Labor
Code or the fees established by the department pursuant paragraph
(2), the school district shall establish and enforce a labor
compliance program containing the requirements outlined in Section
1771.5 of the Labor Code or shall contract with a third party to
operate a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code. This requirement shall
not apply to projects where the school district or the design-build
entity has entered into a collective bargaining agreement that binds
all of the contractors performing work on the project.
   (2) For contracts awarded on or after the effective date of both
the regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this paragraph,
the school district shall pay a fee to the department, in an amount
that the department shall establish, and as it may from time to time
amend, sufficient to support the department's costs in ensuring
compliance with and enforcing prevailing wage requirements on the
project, and labor compliance enforcement as set forth in subdivision
(b) of Section 1771.55. All fees collected pursuant to this
subdivision shall be deposited in the State Public Works Enforcement
Fund created by Section 1771.3 of the Labor Code, and shall be used
only for enforcement of prevailing wage requirements on those
projects.
   (3) The Department of Industrial Relations may waive the fee set
forth in paragraph (2) for a school district that has previously been
granted approval by the director to initiate and operate a labor
compliance program on the district's projects, and that requests to
continue to operate that labor compliance program on its projects in
lieu of labor compliance by the department pursuant to subdivision
(b) of Section 1771.55. The fee shall not be waived for a district
that contracts with a third party to initiate and enforce labor
compliance programs on the district's projects.




17250.35.  (a) The minimum performance criteria and design standards
established pursuant to this chapter by a school district for
quality, durability, longevity, and life-cycle costs, and other
criteria deemed appropriate by the school district shall be adhered
to by the design-build entity. Any deviations from those standards
may only be allowed by written consent of the school district. The
governing board may, and is strongly encouraged to, retain the
services of an architect or structural engineer throughout the course
of the project in order to ensure compliance with this chapter. Any
architect or structural engineer retained pursuant to this
subdivision shall be duly licensed and registered in California.
   (b) The school district governing board shall be the employer of
the project inspector. The project inspector shall be fully
independent from any member of the design-build entity and shall not
have an affiliation with any member of the design-build entity or any
of the project subcontractors. The project inspector shall act under
the direction of either the Director of General Services or a
competent, qualified agent of the school district.
   (c) The total price of the project shall be determined either upon
receipt of the lump-sum bids as set forth in paragraph (1) of
subdivision (c) of Section 17250.25, or by completion of the process
pursuant to paragraph (2) of subdivision (c) of Section 17250.25.
   (d) (1) Each contract with a design-build entity shall provide
that no construction or alteration of any school building pursuant to
this section shall commence prior to the receipt of the written
approval of the plans, as to the safety of design and construction,
from the Department of General Services.
   (2) For purposes of this subdivision, "plans" includes, but is not
limited to, plans for foundations or other building systems based on
design criteria provided by the architect or structural engineer of
the design-build entity to the Department of General Services prior
to the receipt of completed building plans. For purposes of this
paragraph, "other building systems" are building systems determined
by the Division of the State Architect.
   (3) Compliance with paragraph (1) shall be deemed to be in
compliance with Sections 17267 and 17297.
   (e) The design-build entity shall be liable for building the
facility to specifications set forth in the design-build contract in
the absence of contractual language to the contrary.




17250.40.  The Superintendent of Public Instruction shall, in
consultation with the Secretary for Education, the Department of
General Services, the Energy Resources, Conservation and Development
Commission, Seismic Safety Commission, school district
representatives, and industry representatives, develop guidelines for
design-build projects. The guidelines shall be developed within six
months of the operative date of this chapter.



17250.45.  Each school district governing board that adopts the
design-build process for a school construction project shall submit
to the Legislative Analyst a report on the project at the completion
of the project. Completion shall have the same meaning as defined in
subdivision (c) of Section 7107 of the Public Contract Code. This
report shall be submitted within 60 days after completion of the
project. The Legislative Analyst shall submit an interim report to
the Legislature by January 1, 2004, and a final report to the
Legislature by January 1, 2006. The reports shall include, but not be
limited to, all of the following information as to each project:
   (a) The type of facility.
   (b) The gross square footage of the facility.
   (c) The company or contractor who was awarded the project.
   (d) The estimated and actual length of time to complete the
project.
   (e) The estimated and actual project cost.
   (f) A description of the relative merits of a project procured
pursuant to this chapter and similar projects procured pursuant to
other provisions of this code.
   (g) A description of any written protest concerning any aspect of
the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protest.
   (h) Other pertinent information that may be instructive in
evaluating whether the design-build method of procurement should be
continued, expanded, or prohibited.
   (i) The findings established pursuant to Section 17250.20 and a
post-completion evaluation as to whether the findings were achieved.
   (j) Any Labor Code violations discovered during the course of
construction or following completion of the project, as well as any
fines or penalties assessed.



17250.50.  A school district shall not commence any additional
design-build projects if 60 days has elapsed after completion of a
design-build project without having filed the report to the
Legislative Analyst's Office required pursuant to Section 17250.45.




State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 17250.10-17250.50

EDUCATION CODE
SECTION 17250.10-17250.50



17250.10.  (a) It is the intent of the Legislature to enable school
districts to utilize safe and cost-effective options for building and
modernizing school facilities. The Legislature has recognized the
merits of the design-build procurement process in the past by
authorizing its use for projects undertaken by the University of
California, specified local government projects, and state office
buildings.
   (b) The Legislature also finds and declares that school districts
utilizing a design-build contract require a clear understanding of
the roles and responsibilities of each participant in the
design-build process. The benefits of a design-build contract project
delivery system include an accelerated completion of the projects,
cost containment, reduction of construction complexity, and reduced
exposure to risk for the school district. The Legislature also finds
that the cost-effective benefits to the school districts are achieved
by shifting the liability and risk for cost containment and project
completion to the design-build entity.
   (c) It is the intent of the Legislature to provide an optional,
alternative procedure for bidding and building school construction
projects.
   (d) In addition, it is the intent of the Legislature that the full
scope of design, construction, and equipment awarded to a
design-build entity shall be authorized in a single funding phase.
The funding phase may be authorized concurrently with, or separately
from, the phase that authorizes the creation of the performance
criteria and concept drawings.
   (e) It is the intent of the Legislature that design-build
procurement as authorized by the act adding this chapter shall not be
construed to extend, limit, or change in any manner the legal
responsibility of public agencies and contractors to comply with
existing laws.


17250.15.  As used in this chapter, the following terms have the
following meanings:
   (a) "Best value" means a value determined by objective criteria
and may include, but need not be limited to, price, features,
functions, life-cycle costs, and other criteria deemed appropriate by
the school district.
   (b) "Design-build" means a procurement process in which both the
design and construction of a project are procured from a single
entity.
   (c) "Design-build entity" means a corporation, limited
partnership, partnership, or other association that is able to
provide appropriately licensed contracting, architectural, and
engineering services as needed pursuant to a design-build contract.



17250.20.  Upon making a determination by a school district
governing board that it is in the best interest of the school
district, the governing board may enter into a design-build contract
for both the design and construction of a school facility if that
expenditure exceeds two million five hundred thousand dollars
($2,500,000) if, after evaluation of the traditional design, bid, and
build process of school construction and of the design-build process
in a public meeting, the governing board makes written findings that
use of the design-build process on the specific project under
consideration will accomplish one of the following objectives: reduce
comparable project costs, expedite the project's completion, or
provide features not achievable through the traditional
design-bid-build method. The governing board also shall review the
guidelines developed pursuant to Section 17250.40 and shall adopt a
resolution approving the use of a design-build contract pursuant to
this chapter prior to entering into a design-build contract.




17250.25.  Design-build projects shall progress as follows:
   (a) (1) The school district governing board shall prepare a
request for proposal setting forth the scope of the project that may
include, but is not limited to, the size, type and desired design
character of the buildings and site, performance specifications
covering the quality of materials, equipment, and workmanship,
preliminary plans or building layouts, or any other information
deemed necessary to describe adequately the school district's needs.
The performance specifications and any plans shall be prepared by a
design professional duly licensed or registered in this state.
   (2) Each request for proposal shall do all of the following:
   (A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary by
the school district to inform interested parties of the contracting
opportunity.
   (B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the school district.
   (C) Include a section identifying and describing the following:
   (i) All significant factors and subfactors that the school
district reasonably expects to consider in evaluating proposals,
including cost or price and all nonprice related factors and
subfactors.
   (ii) The methodology and rating or weighting scheme that will be
used by the school district governing board in evaluating competitive
proposals and specifically whether proposals will be rated according
to numeric or qualitative values.
   (iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.
   (iv) As an alternative to clause (iii), the governing board of a
school district shall specifically disclose whether all evaluation
factors other than cost or price, when combined, are any of the
following:
   (I) Significantly more important than cost or price.
   (II) Approximately equal in importance to cost or price.
   (III) Significantly less important than cost or price.
   (v) If the school district governing board wishes to reserve the
right to hold discussions or negotiations with responsive bidders, it
shall so specify in the request for proposal and shall publish
separately or incorporate into the request for proposal applicable
rules and procedures to be observed by the school district to ensure
that any discussions or negotiations are conducted in a fair and
impartial manner.
   (3) Notwithstanding Section 4-315 of Title 24 of the California
Code of Regulations, an architect or structural engineer who is party
to a design-build entity may perform the services set forth in
Section 17302.
   (b) (1) The school district shall establish a procedure to
prequalify design-build entities using a standard questionnaire
developed by the Director of the Department of Industrial Relations.
In preparing the questionnaire, the director shall consult with the
construction industry, including representatives of the building
trades, surety industry, school districts, and other affected
parties. This questionnaire shall require information including, but
not limited to, all of the following:
   (A) If the design-build entity is a partnership, limited
partnership, or other association, a listing of all of the partners,
general partners, or association members who will participate as
subcontractors in the design-build contract, including, but not
limited to, electrical and mechanical subcontractors.
   (B) Evidence that the members of the design-build entity have
completed, or demonstrated, the experience, competency, capability,
and capacity to complete projects of similar size, scope or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the design
and construction of the project.
   (C) The licenses, registration, and credentials required to design
and construct the project, including information on the revocation
or suspension of any license, credential, or registration.
   (D) Evidence that establishes that the design-build entity has the
capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance, as well as a
financial statement that assures the school district that the
design-build entity has the capacity to complete the project.
   (E) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code) or the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596), settled
against any member of the design-build entity, and information
concerning a contractor member's workers' compensation experience
history and worker safety program.
   (F) Information concerning any debarment, disqualification, or
removal from a federal, state or local government public works
project.
   (G) Any instance where an entity, its owners, officers, or
managing employees, submitted a bid on a public works project and
were found by an awarding body not to be a responsible bidder.
   (H) Any instance where the entity, its owner, officers, or
managing employees defaulted on a construction contract.
   (I) Any prior violations of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding, or
of Federal Insurance Contribution Act (FICA) withholding
requirements, settled against any member of the design-build entity.
   (J) Information concerning the bankruptcy or receivership of any
member of the entity, including information concerning any work
completed by a surety.
   (K) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five-year period
preceding submission of the bid pursuant to this section, in which
the claim, settlement, or judgment exceeds fifty thousand dollars
($50,000). Information shall also be provided concerning any work
completed by a surety during this period.
   (L) In the case of a partnership or other association that is not
a legal entity, a copy of the agreement creating the partnership or
association.
   (2) The information required pursuant to this subdivision shall be
verified under oath by the design-build entity and its members in
the manner in which civil pleadings in civil actions are verified.
Information that is not a public record pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I of the Government Code) shall not be open to
public inspection.
   (c) The school district shall establish a procedure for final
selection of the design-build entity. Selection shall be based on
either of the following criteria:
   (1) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Award shall be made on the
basis of the lowest responsible bid.
   (2) Notwithstanding any other provision of this code or of Section
20110 of the Public Contract Code, a school district may use a
design-build competition based upon performance and other criteria
set forth by the governing board in the solicitation of proposals.
Criteria used in this evaluation of proposals may include, but need
not be limited to, the proposed design approach, life cycle costs,
project features, and project functions. However, competitive
proposals shall be evaluated by using the criteria and source
selection procedures specifically identified in the request for
proposal. Once the evaluation is complete, all responsive bidders
shall be ranked from the most advantageous to least advantageous to
the school district.
   (A) Any architectural or engineering firm or individual retained
by the governing body of the school district to assist in the
development criteria or preparation of the request for proposal shall
not be eligible to participate in the competition with the
design-build entity.
   (B) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing by the school
district, to be the best value to the school district.
   (C) Proposals shall be evaluated and scored solely on the basis of
the factors and source selection procedures identified in the
request for proposal. However, the following minimum factors shall
collectively represent at least 50 percent of the total weight or
consideration given to all criteria factors: price, technical
expertise, life cycle costs over 15 years or more, skilled labor
force availability, and acceptable safety record.
   (D) The school district governing board shall issue a written
decision supporting its contract award and stating in detail the
basis of the award. The decision and the contract file must be
sufficient to satisfy an external audit.
   (E) Notwithstanding any provision of the Public Contract Code,
upon issuance of a contract award, the school district governing
board shall publicly announce its awards identifying the contractor
to whom the award is made, the winning contractor's price proposal
and its overall combined rating on the request for proposal
evaluation factors. The notice of award shall also include the agency'
s ranking in relation to all other responsive bidders and their
respective price proposals and a summary of the school district's
rationale for the contract award.
   (F) For the purposes of this chapter, "skilled labor force
availability" means that an agreement exists with a registered
apprenticeship program, approved by the California Apprenticeship
Council, which has graduated apprentices in the preceding five years.
This graduation requirement shall not apply to programs providing
apprenticeship training for any craft that has not been deemed by the
Department of Labor and the Department of Industrial Relations to be
an apprenticable craft in the two years prior to enactment of this
act.
   (G) For the purposes of this chapter, a bidder's "safety record"
shall be deemed "acceptable" if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury or illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category, or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.



17250.30.  (a) Any design-build entity that is selected to design
and build a project pursuant to this chapter shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omissions insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This chapter does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
   (b) Any payment or performance bond written for the purposes of
this chapter shall use a bond form developed by the Department of
General Services pursuant to subdivision (g) of Section 14661 of the
Government Code. The purpose of this subdivision is to promote
uniformity of bond forms to be used on school district design-build
projects throughout the state.
   (c) (1) All subcontracts that were not listed by the design-build
entity in accordance with Section 17250.25 shall be awarded by the
design-build entity.
   (2) The design-build entity shall do all of the following:
   (A) Provide public notice of the availability of work to be
subcontracted.
   (B) Provide a fixed date and time on which the subcontracted work
will be awarded.
   (3) Subcontractors bidding on contracts pursuant to this
subdivision shall be afforded the protections contained in Chapter 4
(commencing with Section 4100) of Part 1 of Division 2 of the Public
Contract Code.
   (4) (A) If the school district elects to award a project pursuant
to this section, retention proceeds withheld by the school district
from the design-build entity shall not exceed 5 percent if a
performance and payment bond, issued by an admitted surety insurer,
is required in the solicitation of bids.
   (B) In a contract between the design-build entity and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld shall not exceed the percentage specified in the contract
between the school district and the design-build entity. If the
design-build entity provides written notice to any subcontractor who
is not a member of the design-build entity, prior to or at the time
the bid is requested, that a bond may be required and the
subcontractor subsequently is unable or refuses to furnish a bond to
the design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the school district and the design-build entity from
any payment made by the design-build entity to the subcontractor.
   (5) In accordance with the provisions of applicable state law, the
design-build entity may be permitted to substitute securities in
lieu of the withholding from progress payments. Substitutions shall
be made in accordance with Section 22300 of the Public Contract Code.
   (d) (1) For contracts awarded prior to the effective date of
either the regulations adopted by the Department of Industrial
Relations pursuant to subdivision (b) of Section 1771.55 of the Labor
Code or the fees established by the department pursuant paragraph
(2), the school district shall establish and enforce a labor
compliance program containing the requirements outlined in Section
1771.5 of the Labor Code or shall contract with a third party to
operate a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code. This requirement shall
not apply to projects where the school district or the design-build
entity has entered into a collective bargaining agreement that binds
all of the contractors performing work on the project.
   (2) For contracts awarded on or after the effective date of both
the regulations adopted by the Department of Industrial Relations
pursuant to subdivision (b) of Section 1771.55 of the Labor Code and
the fees established by the department pursuant to this paragraph,
the school district shall pay a fee to the department, in an amount
that the department shall establish, and as it may from time to time
amend, sufficient to support the department's costs in ensuring
compliance with and enforcing prevailing wage requirements on the
project, and labor compliance enforcement as set forth in subdivision
(b) of Section 1771.55. All fees collected pursuant to this
subdivision shall be deposited in the State Public Works Enforcement
Fund created by Section 1771.3 of the Labor Code, and shall be used
only for enforcement of prevailing wage requirements on those
projects.
   (3) The Department of Industrial Relations may waive the fee set
forth in paragraph (2) for a school district that has previously been
granted approval by the director to initiate and operate a labor
compliance program on the district's projects, and that requests to
continue to operate that labor compliance program on its projects in
lieu of labor compliance by the department pursuant to subdivision
(b) of Section 1771.55. The fee shall not be waived for a district
that contracts with a third party to initiate and enforce labor
compliance programs on the district's projects.




17250.35.  (a) The minimum performance criteria and design standards
established pursuant to this chapter by a school district for
quality, durability, longevity, and life-cycle costs, and other
criteria deemed appropriate by the school district shall be adhered
to by the design-build entity. Any deviations from those standards
may only be allowed by written consent of the school district. The
governing board may, and is strongly encouraged to, retain the
services of an architect or structural engineer throughout the course
of the project in order to ensure compliance with this chapter. Any
architect or structural engineer retained pursuant to this
subdivision shall be duly licensed and registered in California.
   (b) The school district governing board shall be the employer of
the project inspector. The project inspector shall be fully
independent from any member of the design-build entity and shall not
have an affiliation with any member of the design-build entity or any
of the project subcontractors. The project inspector shall act under
the direction of either the Director of General Services or a
competent, qualified agent of the school district.
   (c) The total price of the project shall be determined either upon
receipt of the lump-sum bids as set forth in paragraph (1) of
subdivision (c) of Section 17250.25, or by completion of the process
pursuant to paragraph (2) of subdivision (c) of Section 17250.25.
   (d) (1) Each contract with a design-build entity shall provide
that no construction or alteration of any school building pursuant to
this section shall commence prior to the receipt of the written
approval of the plans, as to the safety of design and construction,
from the Department of General Services.
   (2) For purposes of this subdivision, "plans" includes, but is not
limited to, plans for foundations or other building systems based on
design criteria provided by the architect or structural engineer of
the design-build entity to the Department of General Services prior
to the receipt of completed building plans. For purposes of this
paragraph, "other building systems" are building systems determined
by the Division of the State Architect.
   (3) Compliance with paragraph (1) shall be deemed to be in
compliance with Sections 17267 and 17297.
   (e) The design-build entity shall be liable for building the
facility to specifications set forth in the design-build contract in
the absence of contractual language to the contrary.




17250.40.  The Superintendent of Public Instruction shall, in
consultation with the Secretary for Education, the Department of
General Services, the Energy Resources, Conservation and Development
Commission, Seismic Safety Commission, school district
representatives, and industry representatives, develop guidelines for
design-build projects. The guidelines shall be developed within six
months of the operative date of this chapter.



17250.45.  Each school district governing board that adopts the
design-build process for a school construction project shall submit
to the Legislative Analyst a report on the project at the completion
of the project. Completion shall have the same meaning as defined in
subdivision (c) of Section 7107 of the Public Contract Code. This
report shall be submitted within 60 days after completion of the
project. The Legislative Analyst shall submit an interim report to
the Legislature by January 1, 2004, and a final report to the
Legislature by January 1, 2006. The reports shall include, but not be
limited to, all of the following information as to each project:
   (a) The type of facility.
   (b) The gross square footage of the facility.
   (c) The company or contractor who was awarded the project.
   (d) The estimated and actual length of time to complete the
project.
   (e) The estimated and actual project cost.
   (f) A description of the relative merits of a project procured
pursuant to this chapter and similar projects procured pursuant to
other provisions of this code.
   (g) A description of any written protest concerning any aspect of
the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protest.
   (h) Other pertinent information that may be instructive in
evaluating whether the design-build method of procurement should be
continued, expanded, or prohibited.
   (i) The findings established pursuant to Section 17250.20 and a
post-completion evaluation as to whether the findings were achieved.
   (j) Any Labor Code violations discovered during the course of
construction or following completion of the project, as well as any
fines or penalties assessed.



17250.50.  A school district shall not commence any additional
design-build projects if 60 days has elapsed after completion of a
design-build project without having filed the report to the
Legislative Analyst's Office required pursuant to Section 17250.45.