Section 81705 Of Chapter 3.5. Design-build Contracts From California Education Code >> Division 7. >> Title 3. >> Part 49. >> Chapter 3.5.
81705
. (a) The minimum performance criteria and design standards
established pursuant to this chapter by a community college district
for quality, durability, longevity, and life cycle costs, and other
criteria deemed appropriate by the community college district shall
be adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the community
college 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 community college district governing board shall be the
employer of the inspector. The project inspector shall be fully
independent from any member of the design-build entity and may not
have any affiliation with any member of the design-build entity or
any of the project subcontractors. 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 81703, or by
completion of the process pursuant to paragraph (2) of subdivision
(c) of Section 81703.
(c) The project inspector shall act under the direction of either
the Director of General Services or a competent, qualified agent of
the community college district.
(d) Each contract with a design-build entity shall provide that no
construction or alteration of any community college facility
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. Compliance
with this provision shall be deemed to be in compliance with Section
81133.
(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.