reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 3.5 - Recycled Product Procurement Mandates Pertaining to Local Governments › Section 22150.

22150. (a) If fitness and quality are equal, each local public entity shall purchase recycled products, as defined in Section 12200, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
(b) A local public entity may give preference to suppliers of recycled products.
(c) A local public entity may define the amount of this preference.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 3.5 - Recycled Product Procurement Mandates Pertaining to Local Governments › Section 22151.

22151. In bids in which the local government has reserved the right to make multiple awards, the recycled product preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of firms offering recycled products in the contract award.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 3.5 - Recycled Product Procurement Mandates Pertaining to Local Governments › Section 22152.

22152. (a) All local public entities shall require all business, as defined in Section 12200, to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold. All contract provisions impeding the consideration of recycled products shall be deleted in favor of performance standards.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 3.5 - Recycled Product Procurement Mandates Pertaining to Local Governments › Section 22153.

22153. All printing contracts made by any local public entity shall provide that the paper used shall meet the recycled content requirements of Section 12209.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 3.5 - Recycled Product Procurement Mandates Pertaining to Local Governments › Section 22154.

22154. (a) All businesses shall certify in writing to the contracting officer, or his or her representative, the minimum, if not exact, percentage of postconsumer material in the products, materials, goods, or supplies being offered or sold to any local public entity.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this section shall specify that the cartridges so comply.
(c) A local public entity may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.
(Amended by Stats. 2007, Ch. 130, Sec. 198. Effective January 1, 2008.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22160.

22160. (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from such projects including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method.
(b) It is the intent of the Legislature that the following occur:
(1) This chapter provides general authorization for local agencies to use design-build for projects, excluding projects on the state highway system.
(2) This chapter shall not be deemed to provide a preference for the design-build method over other procurement methodologies.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.

22162. (a) Except as provided in subdivision (b), and notwithstanding any other law, a local agency, with approval of its governing body, may procure design-build contracts for public works projects in excess of one million dollars ($1,000,000), awarding the contract either the low bid or the best value, provided that this article shall not apply to any projects on the state highway system.
(b) When a local agency described in paragraph (3) of subdivision (f) of Section 22161 awards a contract for the acquisition and installation of technology applications or surveillance equipment designed to enhance safety, disaster preparedness, and homeland security efforts, there shall be no cost threshold and the contract may be awarded to the lowest responsible bidder or by using the best value method.
(c) The local agency shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity, that performs services for the local agency relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each local agency entering into design-build contracts authorized under this chapter.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.4.

22162.4. Upon approval of its governing body, a city, county, or city and county may use the design-build contracting process described in this chapter to award contracts for construction of projects that are necessary in order to comply with construction-related accessibility standards, as defined in Section 65946 of the Government Code.
(Added by Stats. 2022, Ch. 900, Sec. 1. (SB 1354) Effective January 1, 2023. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.5.

22162.5. Upon approval by its governing body, the Santa Clara Valley Water District may use the design-build contracting process described in this chapter to award a contract for the following projects:
(a) Flood protection improvements.
(b) Habitat restorations or enhancements.
(c) Groundwater recharge or storage facilities.
(d) Water treatment facilities.
(e) The retrofit, repair, or expansion of existing surface water storage facilities.
(Added by Stats. 2017, Ch. 821, Sec. 4. (AB 851) Effective January 1, 2018. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.6.

22162.6. (a) Upon approval of the board of supervisors, the County of Orange may use the design-build contracting process described in this chapter to award a contract for the following projects:
(1) Flood protection improvements.
(2) Harbor and beach improvements.
(3) Bikeway improvements.
(b) In addition to the requirements set forth in Section 22164, for a project authorized under subdivision (a), the county shall be responsible for the performance of, and county employees in Orange County Public Works may perform, project development services, including performance specifications, preliminary engineering, procurement services and the preparation of project reports, and construction inspection services, excluding specialty bridge inspectors. The county shall also be the responsible agency for, and county employees in Orange County Public Works may perform, the preparation of documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering quality of materials, equipment, and workmanship, preliminary plans, and any other information deemed necessary to describe adequately the needs of the County of Orange.
(c) For a project authorized under subdivision (a), the county shall be limited to no more than one project per year in excess of five million dollars ($5,000,000).
(Added by Stats. 2018, Ch. 239, Sec. 1. (AB 2654) Effective January 1, 2019. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.7.

22162.7. (a) Upon approval of the governing body, the Orange County Flood Control District, as defined in Chapter 36 of the Orange County Flood Control Act, Sections 1 to 23 of the Orange County Flood Control Act, Water Code Appendix, may use the design-build contracting process described in this chapter to award a contract for flood protection improvements.
(b) In addition to the requirements set forth in Section 22164, for a project authorized under subdivision (a), the Orange County Flood Control District shall be responsible for the performance of, and county employees in Orange County Public Works may perform, project development services, including performance specifications, preliminary engineering, procurement services and the preparation of project reports, and construction inspection services, excluding specialty bridge inspectors. The county shall also be the responsible agency for, and county employees in Orange County Public Works may perform, the preparation of documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering quality of materials, equipment, and workmanship, preliminary plans, and any other information deemed necessary to describe adequately the needs of the Orange County Flood Control District.
(c) For a project authorized under subdivision (a), the district shall be limited to no more than twelve projects in excess of five million dollars ($5,000,000) prior to January 1, 2025.
(Added by Stats. 2018, Ch. 239, Sec. 2. (AB 2654) Effective January 1, 2019. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.8.

22162.8. (a) Upon approval of its governing body, the Paradise Irrigation District may use the design-build contracting process described in this chapter to award a contract for a water conveyance pipeline from the Town of Paradise to the City of Chico.
(b) Upon approval of a majority of the Paradise Town Council, the Town of Paradise may use the design-build contracting process described in this chapter to provide for the provision of sewer treatment to the Town of Paradise, including for infrastructure connecting the Town of Paradise to an existing treatment facility.
(Added by Stats. 2021, Ch. 689, Sec. 1. (AB 36) Effective January 1, 2022. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22162.9.

22162.9. (a) Upon approval of the city council of the City of Long Beach, the City of Long Beach may use the design-build contracting process described in this chapter to award contracts for curb ramps that are compliant with the Americans with Disabilities Act.
(b) In addition to the requirements set forth in Section 22164, for a project authorized under subdivision (a), the city and city employees in the City of Long Beach Public Works Department may perform project development services, including performance specifications, preliminary engineering, procurement services and the preparation of project reports, and construction inspection services, excluding specialty bridge inspections. The city shall also be the responsible agency for, and city employees in the Public Works Department may perform, the preparation of documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering quality of materials, equipment, and workmanship, preliminary plans, and any other information deemed necessary to describe adequately the needs of the city.
(c) For a project authorized under subdivision (a), the city shall be limited to no more than 3,000 ramps, with the total cost not to exceed twenty million dollars ($20,000,000) per year, that are subject to completion prior to January 1, 2025.
(Added by Stats. 2020, Ch. 54, Sec. 1. (AB 2932) Effective September 9, 2020. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22165.

22165. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the local agency, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.
(b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The local agency shall develop a standard form of payment and performance bond for its design-build projects.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22166.

22166. (a) The local agency, in each 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.
(b) Following award of the 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 local agency, 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 foregoing process does not apply to construction subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22167.

22167. (a) If the local agency elects to award a project pursuant to this article, retention proceeds withheld by the local agency from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids.
(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the local agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the local agency and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22168.

22168. Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Added by Stats. 2014, Ch. 931, Sec. 14. (SB 785) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 22169.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4 - Local Agency Design-Build Projects › Section 22169.

22169. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 201, Sec. 2. (AB 400) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 4, commencing with Section 22160.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22170.

22170. 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 any project that treats, pumps, stores, or conveys water, wastewater, recycled water, advanced treated water, or supporting facilities 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 a city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source.
(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. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22171.

22171. A local agency may procure progressive design-build contracts and use the progressive design-build contracting process described in this chapter for up to 15 public works projects in excess of five million dollars ($5,000,000) for each project.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22171.5.

22171.5. A local agency entering into design-build contracts authorized under this chapter shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the local agency relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22172.1.

22172.1. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the local agency, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.
(b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The local agency shall develop a standard form of payment and performance bond for its design-build projects.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22172.2.

22172.2. (a) After selecting a design-build entity based upon qualifications, the local agency may enter into a contract and direct the design-build entity to begin design and preconstruction activities sufficient to establish a guaranteed maximum price for the project.
(b) (1) Upon agreement of the guaranteed maximum price for the project, the local agency, at its sole and absolute discretion, may amend its contract with the design build entity to contract for the remaining design, preconstruction, and construction activities sufficient to complete and close out the project, consistent with the guaranteed maximum price. In the event that there are unforeseen site conditions, the local agency may amend its contract with the design build entity accordingly and consistent with the guaranteed maximum price, to enable the entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the project.
(2) If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities are less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price unless there is a prior written agreement concerning the sharing of these funds. For purposes of this section, cost shall include the design build entity’s direct costs, general conditions, overhead, and fee.
(c) (1) If the local agency and the design-build entity do not reach agreement on a guaranteed maximum price, or the local agency otherwise elects not to amend the design-build entity’s contract to complete the remaining work, the local agency may solicit proposals to complete the project from firms that submitted statements of qualifications pursuant to Section 22172. The local agency may also, upon written determination that it is in the best interest of the city, county, city and county, or special district, as applicable, to do so, formally solicit proposals from other design-build entities, and contract award shall be made on a best value basis.
(2) The design professionals responsible for performing design services on behalf of a design build entity that has been replaced pursuant to paragraph (1) shall have sole liability for their design errors and omissions, provided the local agency elects to use their complete and stamped designs with subsequent design build entities or licensed contractors.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22172.3.

22172.3. (a) The local agency, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build entity’s statement of qualifications. All construction subcontractors that are identified in the statement of qualifications shall be afforded the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(b) Following award of the design-build contract, except for those construction subcontractors listed in the statement of qualifications, the design-build entity shall proceed as listed in this subdivision in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work for projects with a contract value of greater than or equal to ten million dollars ($10,000,000).
(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 local agency, 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 on a best value basis. The process may include prequalification or short-listing.
(c) Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(d) A construction subcontractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code that provides design services used on a project authorized by this chapter shall not be subject to any liability arising from their design if the construction subcontract for that design is not performed by that subcontractor.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22172.4.

22172.4. (a) If the local agency elects to award a project pursuant to this chapter, retention proceeds withheld by the local agency from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation. Work performed to establish the guaranteed maximum price shall not be subject to retention.
(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the local agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required, and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the local agency and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22172.5.

22172.5. (a) Notwithstanding Section 10231.5 of the Government Code, no later than January 1, 2028, a local agency that uses the progressive design-build process pursuant to this chapter shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the progressive design-build process.
(b) The report shall include, but is not limited to, the following information:
(1) A description of the project or projects awarded using the progressive design-build process.
(2) The contract award amounts.
(3) The design-build entities awarded the project or projects.
(4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the contracts, including the resolution of the protests.
(5) A description of the prequalification process.
(6) The number of specialty subcontractors listed by construction trade type, on each project, that provided design services, but did not meet the target price for their scope of work, and therefore did not perform construction services on that project.
(7) Whether or not any portion of a design prepared by the specialty subcontractor that did not perform the construction work for that design was used by the local agency.
(8) The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a small business, as specified in paragraph (1) of subdivision (d) of Section 14837 of the Government Code.
(9) The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a microbusiness, as specified in paragraph (2) of subdivision (d) of Section 14837 of the Government Code.
(10) If a project awarded under this chapter has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases.
(c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22173.

22173. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.1 - Local Agency Progressive Design-Build Contracting › Section 22174.

22174. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 4.1, commencing with Section 22170.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.5 - Civic Openness in Negotiations › Section 22175.

22175. This chapter shall be known, and may be cited, as the Civic Reporting Openness in Negotiations Efficiency Act, or CRONEY.
(Added by Stats. 2015, Ch. 714, Sec. 1. (SB 331) Effective January 1, 2016.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.5 - Civic Openness in Negotiations › Section 22176.

22176. As used in this chapter, “civic openness in negotiations ordinance” or “COIN ordinance” means an ordinance adopted by a city, county, city and county, or special district that requires any of the following as a part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code):
(a) The preparation of an independent economic analysis describing the fiscal costs of benefit and pay components currently provided to members of a recognized employee organization, as defined in Section 3501 of the Government Code.
(b) The completion of the independent economic analysis prior to the presentation of an opening proposal by the public employer.
(c) Availability for review by the public of the independent economic analysis before presentation of an opening proposal by the public employer.
(d) Updating of the independent economic analysis to reflect the annual or cumulative costs of each proposal made by the public employer or recognized employee organization.
(e) Updating of the independent economic analysis to reflect any absolute amount or change from the current actuarially computed unfunded liability associated with the pension or postretirement health benefits.
(f) The report from a closed session of a meeting of the public employer’s governing body of offers, counteroffers, or supposals made by the public employer or the recognized employee organization and communicated during that closed session.
(g) The report from a closed session of a meeting of the public employer’s governing body of any list of names of persons in attendance during any negotiations session, the date of the session, the length of the session, the location of the session, or pertinent facts regarding the negotiations that occurred during a session.
(Added by Stats. 2015, Ch. 714, Sec. 1. (SB 331) Effective January 1, 2016.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 4.5 - Civic Openness in Negotiations › Section 22177.

22177. (a) This chapter applies only to a city, county, city and county, or special district that has adopted a COIN ordinance, which is effective and operative. This chapter shall not apply if the city, county, city and county, or special district suspends, repeals, or revokes its COIN ordinance.
(b) This chapter shall not apply to a contract if the contract is required to respond to, recover from, or mitigate the effects of any of the following:
(1) A temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district.
(2) A state of war emergency, state of emergency, or local emergency, as those terms are defined in Section 8558 of the Government Code.
(c) This chapter shall not apply to a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.).
(Added by Stats. 2015, Ch. 714, Sec. 1. (SB 331) Effective January 1, 2016.)
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 22180.1.

22180.1. A local agency may procure progressive design-build contracts and use the progressive design-build contracting process described in this chapter for up to 10 public works projects in excess of five million dollars ($5,000,000) for each project.
(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)
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 22180.2.

22180.2. A local agency entering into design-build contracts authorized under this chapter shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the local agency relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team.
(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)
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 22180.4.

22180.4. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the local agency, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.
(b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The local agency shall develop a standard form of payment and performance bond for its design-build projects.
(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)
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 22180.5.

22180.5. (a) After selecting a design-build entity based upon qualifications, the local agency may enter into a contract and direct the design-build entity to begin design and preconstruction activities sufficient to establish a guaranteed maximum price for the project.
(b) (1) Upon agreement of the guaranteed maximum price for the project, the local agency, at its sole and absolute discretion, may amend its contract with the design-build entity to contract for the remaining design, preconstruction, and construction activities sufficient to complete and close out the project, consistent with the guaranteed maximum price. In the event that there are unforeseen site conditions, the local agency may amend its contract with the design-build entity accordingly and consistent with the guaranteed maximum price, to enable the entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the project.
(2) If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities are less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price unless there is a prior written agreement concerning the sharing of these funds. For purposes of this section, cost shall include the design-build entity’s direct costs, general conditions, overhead, and fee.
(c) (1) If the local agency and the design-build entity do not reach agreement on a guaranteed maximum price, or the local agency otherwise elects not to amend the design-build entity’s contract to complete the remaining work, the local agency may solicit proposals to complete the project from firms that submitted statements of qualifications pursuant to Section 22180.3. The local agency may also, upon written determination that it is in the best interest of the city, county, city and county, or special district, as applicable, to do so, formally solicit proposals from other design-build entities, and contract award shall be made on a best value basis.
(2) The design professionals responsible for performing design services on behalf of a design-build entity that has been replaced pursuant to paragraph (1) shall have sole liability for their design errors and omissions, provided the local agency elects to use their complete and stamped designs with subsequent design-build entities or licensed contractors.
(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)
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 22180.6.

22180.6. (a) The local agency, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build entity’s statement of qualifications. All construction subcontractors that are identified in the statement of qualifications shall be afforded the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(b) Following award of the design-build contract, except for those construction subcontractors listed in the statement of qualifications, the design-build entity shall proceed as listed in this subdivision in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work for projects with a contract value greater than or equal to ten million dollars ($10,000,000).
(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 local agency, 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 on a best value basis. The process may include prequalification or short-listing.
(c) Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(d) A construction subcontractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code that provides design services used on a project authorized by this chapter shall not be subject to any liability arising from their design if the construction subcontract for that design is not performed by that subcontractor.
(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)
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 22180.7.

22180.7. (a) If the local agency elects to award a project pursuant to this chapter, retention proceeds withheld by the local agency from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation. Work performed to establish the guaranteed maximum price shall not be subject to retention.
(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the local agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required, and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the local agency and the design-build entity from any payment made by the design-build entity to the subcontractor.
(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)