Cal. PCC § 22190 — California Code / Code pcc / Division 2 / Part 3 / Chapter 4.8 / Section 22190
Section 22190
Status: in_force

For purposes of this chapter, the following definitions apply:

(a) “Apprenticeable occupation” has the same meaning as provided in subdivision (a) of Section 2601.

(b) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials.

(c) “Best value” means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.

(d) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, construction, operations, management, facilities maintenance, and other services for development of the project, as applicable in relation to its respective scope of work.

(e) “City” means the City of Long Beach and its Board of Harbor Commissioners.

(f) “Construction” for purposes of the project, as defined in subdivision (p), does not include maritime and longshore operations.

(g) “Construction manager at-risk” means a competitively procured contract by the city with an individual, partnership, joint venture, corporation, or other recognized legal entity, that is appropriately licensed in this state, including a contractor’s license issued by the Contractors State License Board, and that 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.

(h) “Construction Manager/General Contractor” means a project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction or construction management services during the construction phase of the project.

(i) “Construction subcontract” means each subcontract awarded by a business entity to a subcontractor that will perform work, labor, or render services to the business entity in or about the construction of the project, or a subcontractor licensed by the State of California that, under subcontract to the business entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in plans and specifications.

(j) “Design-build” means a procurement process in which both the design and construction of a project are procured in a single phase.

(k) “Design sequencing” means a method of project delivery that enables the sequencing of design activities to permit each construction phase to commence when the design for that phase is complete, instead of requiring the design for the entire project to be completed before commencing construction.

(l) “Guaranteed maximum price” means the maximum payment agreed upon by the city and a business entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out the project or any part of the project.

(m) “Maritime and longshore operations” for purposes of the project, as defined in subdivision (p), includes all of the following:

(1) The loading and unloading of cargo or materials to and from vessels, or the movement of cargo or materials to and from vessels, or other directly related functions, at any terminal or port facility to the cargo’s or material’s point of rest, except for the movement of construction materials on a barge, construction staging area, or construction area when used as a construction work platform, rigging and hoisting of construction materials directly from a barge, construction staging area, or construction area when being used as a construction work platform into the construction process, the removal of construction materials directly from the project to a barge, construction staging area, or construction area when being used as a construction work platform, and the movement of construction materials and construction equipment within the construction staging area, from the construction staging area to the construction site, and on the construction site.

(2) Maintenance and repair work on the containers and equipment used to load or unload vessels.

(3) Maintenance and repair work necessary to facilitate the movement of cargo or materials to and from vessels at any terminal or port facility to the cargo or material’s point of rest.

(n) “Preconstruction services” means services during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the city to design a more constructible project.

(o) “Progressive design-build” means a project delivery method in which the design, preconstruction services, and construction of the project or part of the project are procured, in one or more stages, from a single design-build entity that is selected through a best value-based selection at an early stage of the project.

(p) (1) “Project” means the terminal development project at the Port of Long Beach, currently known as Pier Wind, that is anticipated to involve the construction and development of a large-scale, multiacre terminal and transportation corridor to support offshore wind-related activities.

(2) “Project” does not include the construction, assembly, operation, or maintenance of offshore wind turbine systems or their floating foundations, nor the manufacturing and fabrication of their components.

(3) “Project” does not include maritime and longshore operations.

(q) “Project labor agreement” has the same meaning as provided in paragraph (1) of subdivision (b) of Section 2500.

(r) “Public works” has the same meaning as provided in subdivision (a) of Section 1720 of the Labor Code.

(s) “Vessel” includes, but is not limited to, a ship, boat, barge, and other related maritime craft.