reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Progressive Design-Build Contracting › Section 10198.6.

10198.6. (a) If the department elects to award a project pursuant to this article, retention proceeds withheld by the department 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 department 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 department and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Added by Stats. 2021, Ch. 77, Sec. 26. (AB 137) Effective July 16, 2021.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Progressive Design-Build Contracting › Section 10198.7.

10198.7. Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Added by Stats. 2021, Ch. 77, Sec. 26. (AB 137) Effective July 16, 2021.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Progressive Design-Build Contracting › Section 10198.8.

10198.8. (a) The department shall submit to the Joint Legislative Budget Committee, on or before January 1, 2026, a report containing a description of each public works project procured by the department through the progressive design-build process described in this article that is completed after January 1, 2022, and before December 1, 2025.
(b) The report described in subdivision (a) shall include, but is not limited to, all of the following information:
(1) The type of project.
(2) The gross square footage of the project.
(3) The design-build entity that was awarded the project.
(4) The estimated and actual project costs.
(5) An assessment of the selection process and criteria required by this article.
(6) An assessment of the effects of the progressive design-build process described in this article on cost and schedule for the project.
(7) 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.
(8) 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 department.
(9) In instances where the department determined that the guaranteed maximum price of any subcontract exceeded the anticipated target price for that portion of the project, which subcontracts were impacted and on what basis the department determined what the anticipated target price was.
(10) The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code.
(11) The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code.
(c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2021, Ch. 77, Sec. 26. (AB 137) Effective July 16, 2021.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5.1 - San Quentin Progressive Design-Build Contracting › Section 10199.1.

10199.1. (a) Notwithstanding any other law, the secretary may procure progressive design-build contracts for the design-build project.
(b) The secretary 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 department relating to the solicitation of a design-build project, to submit a statement of qualifications, a proposal, or both as a design-build entity, or to join a design-build team.
(Added by Stats. 2023, Ch. 47, Sec. 25. (AB 134) Effective July 10, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5.1 - San Quentin Progressive Design-Build Contracting › Section 10199.3.

10199.3. (a) The design-build entity shall provide payment and performance bonds for the design-build project in the form and in the amount required by the secretary, which are 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 design-build project.
(c) The department shall develop a standard form of payment and performance bond for its design-build project.
(Added by Stats. 2023, Ch. 47, Sec. 25. (AB 134) Effective July 10, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5.1 - San Quentin Progressive Design-Build Contracting › Section 10199.5.

10199.5. (a) The department, in the request for qualifications or request for proposals, may identify specific types of subcontractors that are required to 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 or proposal, 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 department, 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.
(c) 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. 2023, Ch. 47, Sec. 25. (AB 134) Effective July 10, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5.1 - San Quentin Progressive Design-Build Contracting › Section 10199.6.

10199.6. This article does not affect, expand, alter, or limit any rights or remedies otherwise available at law.
(Added by Stats. 2023, Ch. 47, Sec. 25. (AB 134) Effective July 10, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10200.

10200. (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 article provides specific authorization to the Department of Water Resources.
(2) This article shall not be deemed to provide a preference for the design-build method over other procurement methodologies.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10200.5.

10200.5. For purposes of this article, the following definitions and the definitions in subdivision (a) of Section 13332.19 of the Government Code shall apply:
(a) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(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) “Department” means the Department of Water Resources.
(d) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.
(e) “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.
(f) “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.
(g) “Director” means the Director of Water Resources.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10204.

10204. (a) (1) Notwithstanding any other law, the director, following any required notification made pursuant to Section 10206, may procure design-build contracts for public works projects in excess of one million dollars ($1,000,000) that are at the Salton Sea or that are necessary for the construction, maintenance, or operation of elements of State Water Facilities, as defined in Section 12934 of the Water Code, and may award the contract using either the low bid or best value, provided that this article shall not apply to any projects on the state highway system.
(2) Notwithstanding paragraph (1), this article does not apply to the design or construction of through-Delta water conveyances in the Sacramento-San Joaquin Delta.
(b) The director 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 department 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 department entering into design-build contracts authorized under this article.
(Amended by Stats. 2022, Ch. 60, Sec. 33. (AB 203) Effective June 30, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10206.

10206. For purposes of projects at the Salton Sea, the director shall notify the California Water Commission regarding the method to be used for selecting the design-build entry, prior to advertising the design-build project.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10209.

10209. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, 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 department shall develop a standard form of payment and performance bond for its design-build projects.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10210.

10210. (a) The department, 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 department, 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. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10211.

10211. (a) If the department elects to award a project pursuant to this article, retention proceeds withheld by the department 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 department 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 department and the design-build entity from any payment made by the design-build entity to the subcontractor.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10212.

10212. (a) The design-build authorization in Section 10204 shall not include the authority to perform construction inspection services for water resources projects authorized by this article except as provided for in Section 148 of the Water Code.
(b) (1) The Department of Water Resources shall prepare and submit to the Legislature an interim report no later than July 1, 2025, that describes each design-build project approved under this article beginning January 1, 2022, and that provides relevant data, including, but not limited to, cost, the stage of completion, and estimated time to completion.
(2) The department shall prepare and submit to the Legislature a final report, no later than July 1, 2028, that provides the same relevant data for projects that were approved under this article as of January 1, 2027.
(c) Both the interim and final reports shall provide a comprehensive assessment on the effectiveness of the design-build project delivery method relative to project cost and time savings.
(d) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10213.

10213. Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Added by Stats. 2021, Ch. 247, Sec. 4. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10214.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.5 - Department of Water Resources Design-Build Projects › Section 10214.

10214. (a) The authority to procure design-build contracts for State Water Facilities, as defined in Section 12934 of the Water Code, pursuant to this article is for no more than seven projects.
(b) This article shall remain in effect only until January 1, 2033, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 60, Sec. 34. (AB 203) Effective June 30, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 6.5, commencing with Section 10200.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.1.

10215.1. (a) (1) Notwithstanding any other law, both of the following departments may procure progressive design-build contracts for public works projects for which the estimated price, as determined pursuant to subdivision (a) of Section 10215.2, exceeds twenty five million dollars ($25,000,000):
(A) The Department of Water Resources as established in Section 120 of the Water Code.
(B) The Department of Transportation as established under Part 5 (commencing with Section 14000) of Division 3 of Title 2 of the Government Code.
(2) This subdivision does not authorize a design-build-operate contract for any project. A contract pursuant to this article may provide for operations during a training or transitional period, but shall not include long-term operations for any design-build project.
(3) The progressive design-build authorization in this subdivision shall not include the authority to perform construction inspection services for projects on or interfacing with the state highway system, which shall be performed by the Department of Transportation consistent with Section 91.2 of the Streets and Highways Code.
(4) The progressive design-build authorization in this subdivision shall not include the authority to perform construction inspection services for projects on the State Water Project or any other state-owned or -operated water resources facility, which shall be performed by the Department of Water Resources consistent with Section 148 of the Water Code.
(5) A department described in paragraph (1) shall be limited to utilizing progressive-design build contracts for no more than eight design-build projects.
(b) The director of each department identified in subdivision (a) shall develop guidelines for a standard departmental conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the department relating to the solicitation of a progressive design-build project, to submit a statement of qualifications, a proposal, or both as a design-build entity, or to join a design-build team.
(c) This article does not apply to procurement by the Department of Water Resources for the design or construction of through-Delta conveyance facilities of the Sacramento-San Joaquin Delta or seawater desalination projects.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.3.

10215.3. (a) The design-build entity shall provide payment and performance bonds for the design-build project in the form and in the amount required by the director, which are 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 design-build project.
(c) The department shall develop a standard form of payment and performance bond for its design-build projects.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.4.

10215.4. (a) After selecting a design-build entity for the design and preconstruction phase, the department 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) Subject to Section 13332.19 of the Government Code, if otherwise applicable to the department, upon agreement of the guaranteed maximum price for the design-build project, the department, at its sole and absolute discretion, may amend its contract with the design-build entity, or enter into a new contract, and direct the entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the design-build project, and may add funds not exceeding the guaranteed maximum price to the contract for these activities. Any amendment of the existing contract or a new contract with the design-build entity shall not require any additional competitive process. This section does not require the department to amend an existing contract or enter into a new contract for remaining design, preconstruction, or construction activities.
(c) If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the design-build project exceeds 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 is 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. Any savings provided to the department shall revert to the fund from which the appropriation was made.
(d) If the department and the design-build entity do not reach an agreement on a guaranteed maximum price or the department otherwise elects not to have the design-build entity complete some or all of the remaining work, the department may solicit proposals to complete some or all of the remaining work from firms that submitted a statement of qualifications pursuant to subdivision (b) of Section 10215.2. The department may also, upon written determination that it is in the best interest of the state to do so, formally solicit proposals from other entities to complete all or some of the remaining work, or complete the design-build project using other delivery methods. Subject to Section 13332.19 of the Government Code, if otherwise applicable to the department, any contract awarded shall be made on a best value basis.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.5.

10215.5. (a) The department, in each request for qualifications or request for proposals, may identify specific types of subcontractors that are required to 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 all 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 or proposal, 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 department, including a fixed date and time on which qualification 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.
(c) 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. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.6.

10215.6. (a) Any department authorized by Section 10215.1 to utilize progressive design-build contracts pursuant to this article shall prepare and submit to the Legislature a report by January 1, 2034, that describes each design-build project awarded under this article that has begun construction by January 1, 2033.
(b) The report described in subdivision (a) shall include relevant data including, but not limited to, all of the following information:
(1) The cost of the design-build project.
(2) The current status or stage of the design-build project.
(3) If complete, the completion date of the design-build project.
(4) If incomplete, the estimated completion date of the design-build project.
(c) The report described in subdivision (a) shall also provide a comprehensive assessment on the effectiveness of the progressive design-build project delivery method relative to project cost and time savings.
(d)  The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.7.

10215.7. This article does not affect, expand, alter, or limit any rights or remedies otherwise available at law.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 10215.8.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 6.7 - Progressive Design-Build Projects › Section 10215.8.

10215.8. This article shall remain in effect only until December 31, 2033, and as of that date is repealed. The repeal of this article shall not affect the contracts entered into by the department, or the department’s authority to complete the design-build projects for which a design and preconstruction phase contract has been entered under this article, before December 31, 2033.
(Added by Stats. 2023, Ch. 58, Sec. 3. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions. Note: Repeal affects Article 6.7, commencing with Section 10215.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10220.

10220. Every contract awarded under this part shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the department under which it is to be performed. Such a contract is not binding on the state until the appropriate attorney finds it to be in accordance with the requirements of this chapter, and endorses such finding thereon.
A certified copy of each contract shall be filed with the Controller, but the failure so to file does not invalidate it.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10221.

10221. Every contract shall provide for the filing of separate performance and payment bonds by the contractor in the form of bonds executed by an admitted surety insurer and not deposits in lieu of bond, subject to the approval of the department.
(Amended by Stats. 1982, Ch. 517, Sec. 348.4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10222.

10222. (a) Each bond shall equal at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code, in the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 7 of the Streets and Highways Code), or in subdivision (b).
(b) Notwithstanding subdivision (a), for projects with a contract price greater than two hundred fifty million dollars ($250,000,000), the Department of Transportation shall have the discretion to specify that the payment bond shall equal not less than one-half of the contract price or five hundred million dollars ($500,000,000), whichever is less.
(Amended by Stats. 2010, Ch. 697, Sec. 45. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10223.

10223. The payment bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the work under the contract and shall contain all other provisions required by law.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10225.

10225. No payment shall be made upon the contract to the contractor or any assignee of the contractor until any order by the director that a sufficient surety be substituted on the bond or that a new, additional, or supplemental bond be given, is satisfied. No cancellation of or withdrawal of a surety from a bond is effective unless approved by the director.
(Amended by Stats. 1982, Ch. 517, Sec. 348.5.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10226.

10226. Every contract shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the state a specified sum of money, to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. A contract for a road project, flood control project, or project involving facilities of the State Water Resources Development System may also provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time, the provision, if used, to be included in the specifications and to clearly set forth the basis for the payment.
(Amended by Stats. 1990, Ch. 1044, Sec. 1.5. Effective September 19, 1990.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10227.

10227. Every contract shall provide that the department may make changes in the plans and specifications pursuant to this part.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10230.

10230. Every contract subject to this part, for which disabled veteran business enterprise participation is included in the bid, shall contain a provision requiring the contractor to comply with rules, regulations, ordinances, and statutes that apply to the California Disabled Veteran Business Enterprise Program as defined in Section 999 of the Military and Veterans Code, including, but not limited to, the requirements of subdivision (d) of Section 999.5 of the Military and Veterans Code.
(Added by Stats. 2019, Ch. 676, Sec. 5. (AB 230) Effective January 1, 2020.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10231.

10231. Every contract subject to this part shall contain a provision requiring each contractor to comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Section 11017 of the Government Code.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7 - Contract Requirements › Section 10232.

10232. Every contract shall contain a statement by which the contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two-year period because of the contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding. The state may rescind any contract in which the contractor falsely swears to the truth of the statement required by this section.
(Added by Stats. 1982, Ch. 466, Sec. 89.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.

10240. The remedy for the resolution of claims arising under contracts made under the provisions of this chapter shall be arbitration pursuant to this chapter.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.1.

10240.1. The claimant may initiate arbitration not later than 90 days after the date of service in person or by mail on the claimant of the final written decision by the department on the claim. This limitation shall not apply to any claim founded on any cost audit, latent defect, warranty, or guarantee under the contract.
(Amended by Stats. 1998, Ch. 857, Sec. 8. Effective January 1, 1999.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.2.

10240.2. A failure by the claimant to pursue diligently and exhaust, as to the claim, the required administrative procedures set forth in the contract under which the claim arose shall be a bar to arbitration hereunder until there has been compliance therewith. Subject to the preceding sentence, if more than 240 days have elapsed since acceptance of the work by the department, the claimant is entitled to arbitration, even though the procedures are not concluded.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.3.

10240.3. Unless otherwise agreed by the parties, the arbitration shall be conducted by a single arbitrator selected by the parties from the certified list created by the Public Works Contract Arbitration Committee. If the parties cannot agree on the arbitrator, either party may petition the superior court to appoint one from the panel of arbitrators certified by the Public Works Contract Arbitration Committee.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.4.

10240.4. No decision made by a department shall be conclusive on any issue in the arbitration.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.5.

10240.5. (a) The Departments of General Services, Transportation, and Water Resources shall jointly adopt and may, from time to time, modify, revise, or repeal uniform regulations to implement this article, which regulations shall be consistent with this article and Article 7.2 (commencing with Section 10245). The regulations may include, but need not be limited to:
(1) The method of initiating arbitration.
(2) The place of hearing based upon the convenience of the parties.
(3) Procedures for the selection of a neutral arbitrator.
(4) The form and content of any pleading.
(5) Procedure for conducting hearings.
(6) The providing of experts to assist the arbitrator in the event the assistance is needed.
(7) The content of the award.
(8) Simplified procedures for claims of fifty thousand dollars ($50,000) or less.
(b) Pending adoption of the initial uniform regulations under this section, the arbitration rules set forth in Subchapter 3 (commencing with Section 301) of Chapter 2 of Title 1 of the California Code of Regulations, shall govern the conduct of arbitrations under this chapter.
(Amended by Stats. 2006, Ch. 538, Sec. 536. Effective January 1, 2007.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.6.

10240.6. As used in this article, “claim” means a demand for monetary compensation or damages, arising under or relating to the performance of a contract awarded under this chapter.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.7.

10240.7. As used in this article, “Public Works Contract Arbitration Committee” means the committee created by Article 7.2 (commencing with Section 10245).
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.8.

10240.8. Unless the parties to the contract otherwise agree, the arbitration decision shall be decided under and in accordance with the law of this state, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of law.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.9.

10240.9. A party to the contract may join in the arbitration as a party, any supplier, subcontractor, design professional, surety, or other person who has so agreed and if the joinder is necessary to prevent a substantial risk of the party otherwise being subjected to inconsistent obligations or decisions.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.10.

10240.10. Nothing in this article shall be construed as preventing the parties to the contract, after the claim has arisen, from mutually agreeing in writing to waive the provisions of this article and to have the claim litigated in a court of competent jurisdiction.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.11.

10240.11. Except as provided in this article and in the regulations adopted pursuant to Section 10240.5, the procedure governing the arbitrations shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. All provisions of Section 1283.05 of the Code of Civil Procedure, except subdivision (e) thereof, apply to the conduct of discovery for any arbitration hereunder.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.12.

10240.12. A party may, within the applicable time periods and upon the grounds specified in this section and in Article 1 (commencing with Section 1285) of Chapter 4 of Title 9 of Part 3 of the Code of Civil Procedure, petition the court to confirm, correct, or vacate the award rendered by the arbitrator. However, no department may petition to vacate an award without the prior written authorization of its agency secretary. Except where the parties agree not to have the arbitration decision rendered in accordance with the provisions of Section 10240.8, a court shall vacate the award, or part thereof, if it determines either that the award, or part thereof, is not supported by substantial evidence or that it is not decided under or in accordance with the laws of this state. If the award, or part thereof, is vacated on the grounds set forth in the preceding sentence or in subdivision (d) or (e) of Section 1286.2 of the Code of Civil Procedure or if the court determines that the award does not include a determination of all submitted questions necessary to determine the controversy, the court may order a rehearing before the original arbitrator or remand to the original arbitrator that portion of the dispute which the court concludes the arbitrator failed to determine.
(Added by Stats. 1982, Ch. 466, Sec. 90.)