2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.6 - Transit Progressive Design-Build Contracting › Section 22180.

22180. For purposes of this chapter, the following definitions apply:
(a) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, function, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and the objectives of the project.
(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to a design-build contract.
(d) “Design-build project” means a project using the progressive design-build construction procurement process described in this chapter.
(e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Guaranteed maximum price” means the maximum payment amount agreed upon by the local agency and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out the project.
(g) “Local agency” means any of the following:
(1) A transit district, included transit district, municipal operator, included municipal operator, or a consolidated agency, as described in Section 132353.1 of the Public Utilities Code.
(2) A joint powers authority formed to provide transit service, or a county transportation commission created pursuant to Section 130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) A regional transportation agency, as defined in subdivision (i) of Section 6820.
(4) A local or regional agency responsible for the construction of transit projects.
(h) “Progressive design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project.
(i) “Qualifications-based selection” means the process by which the local agency solicits for services from the design-build entities and that price is not the sole factor as the basis of award.
(Added by Stats. 2023, Ch. 310, Sec. 1. (SB 617) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 22180.11)