BILL NUMBER: AB 1573	CHAPTERED  07/14/03

	CHAPTER  53
	FILED WITH SECRETARY OF STATE  JULY 14, 2003
	APPROVED BY GOVERNOR  JULY 14, 2003
	PASSED THE SENATE  JUNE 30, 2003
	PASSED THE ASSEMBLY  MAY 15, 2003
	AMENDED IN ASSEMBLY  APRIL 28, 2003

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 21, 2003

   An act to amend Section 17250.35 of the Education Code, relating
to school construction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1573, Corbett.  School construction:  design-build.
   Existing law, until January 1, 2007, authorizes a school district
governing board to enter into a design-build contract, as defined, in
which factors in addition to price and cost may be considered in
awarding a contract for the design and construction of a school
facility that exceeds $10,000,000.
   Existing law requires the school district governing board to be
the employer of the project inspector.  Existing law requires the
project inspector to be fully independent from any member of the
design-build entity and prohibits the inspector from having any
affiliation with any member of the design-build entity or any of the
project subcontractors.
   This bill would require the project inspector to act under the
direction of either the Director of the Department of General
Services or a competent, qualified agent of the school district.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17250.35 of the Education Code is amended to
read:
   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 may not
have any 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 the Department 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) 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.  Compliance with this provision 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.