§ 17250.65. — 17250.65. (Added by Stats. 2022, Ch. 571, Sec. 14.)

California § 17250.65.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 1.
• Title 1.: DIVISION 1. GENERAL EDUCATION CODE PROVISIONS
• Part 10.5.: PART 10.5. SCHOOL FACILITIES
• Ch. 2.6.: CHAPTER 2.6. Alternative Design-Build Contracts

Text

(a)
The school district, in each alternative design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.
(b)
Following award of the alternative design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work:
(1)
Provide
public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(2)
Establish reasonable qualification criteria and standards.
(3)
Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process described in this subdivision does not apply to construction subcontractors listed in the original proposal, including, but not limited to, the construction subcontractors that were identified as part of the design-build team. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1
of Division 2 of the Public Contract Code.
(c)
Construction subcontracts shall be subject to an open book evaluation by the school district. Based on the open book evaluation, the school district shall set the price of the alternative design-build contract. The alternative design-build contract may be subject to further negotiation or amendment. If the school district and the design-build entity are unable to reach an agreement, the school district may terminate the alternative design-build contract.
(d)
A licensed construction subcontractor that provides design services used on a project authorized by this chapter shall not be responsible for any liability arising from that subcontractor’s design if the construction subcontract for that design is not performed by that subcontractor.

Legislative History

Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.