Title PCC, California Pub. Cont. Code

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.)

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 …

(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…

(a) This chapter shall apply to any contracts with a value of at least two hundred fifty thousand dollars ($250,000), and to any contracts with a person or entity, or related person or entity, with a cumulative value of at least two hundred fifty thousand dollars ($250,000) withi…

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 val…

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…

Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. (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 Repealed as of January 1, 2029, pursuant to Section 22180.11)

This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 310, Sec. 1. (SB 617) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Ch. 4.6, commencing with Sectio…

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 a…

The procurement process for progressive design-build projects shall progress as follows: (a) The local agency shall prepare and issue a request for qualifications in order to select a design-build entity to execute the project. The request for qualifications shall include, but is…

(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…

(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 agree…

(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 qualificat…

(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 solicita…

(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 authorization to use the progressive design-build contracting process pursuant to this chapter does not include the authority to perform construction inspection services for projects on, or interfacing with, the state highway system. Construction inspection services for those…

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 val…

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. 500, Sec…

Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. (Added by Stats. 2023, Ch. 500, Sec. 1. (SB 706) Effective January 1, 2024. Repealed as of January 1, 2030, pursuant to Section 22185.11.)

This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2023, Ch. 500, Sec. 1. (SB 706) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Ch. 4.7, commencing with Sectio…

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 a…

The procurement process for progressive design-build projects shall progress as follows: (a) The local agency shall prepare and issue a request for qualifications in order to select a design-build entity to execute the project. The request for qualifications shall include, but is…

(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…

(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 agree…

(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 qualificat…

(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 solicita…

(a) Notwithstanding Section 10231.5 of the Government Code, no later than December 31, 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 us…

Nothing in this chapter authorizes a local agency to perform work on a state-owned or state-operated facility. (Added by Stats. 2023, Ch. 500, Sec. 1. (SB 706) Effective January 1, 2024. Repealed as of January 1, 2030, pursuant to Section 22185.11.)

For purposes of this chapter, the following definitions apply: (a) “Apprenticeable occupation” has the same meaning as provided in subdivision (a) of Section 2601. (b) “Best interests of the city” means a procurement process that is determined by the city to provide the best valu…

(a) (1) The city may procure contracts for the project or any part of the project pursuant to this chapter. (2) The city may enter into an alternative project delivery method contract for any part of the project pursuant to this chapter upon completing both of the following: (A) …

(a) (1) Upon agreement of the pricing, including any guaranteed maximum price if applicable, for any relevant aspects of the project, the city, in its sole and absolute discretion, may do all of the following: (A) Amend its contract with the business entity. (B) Direct the busine…

(a) The city, in its solicitation for proposals or bids for the project, may identify specific types of subcontractors, certifications, and license classifications that shall be included in the business entity’s proposal or bid. (b) All construction subcontractors that are identi…

(a) All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (b) A business entity shall not be evaluated for selection or eligible for selection by the city unless the business ent…

The business entity shall provide payment bonds for the project issued by a California-admitted surety in the form, at the times, and in the amount required by the city. (Added by Stats. 2024, Ch. 707, Sec. 1. (AB 2235) Effective January 1, 2025.)

(a) The relevant contracts between the city and the business entity for the project shall require errors and omissions insurance coverage for the design elements of the project. (b) The relevant contracts between the city and the business entity shall be subject to subdivision (b…

(a) The negotiation process shall expressly prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration. (b) The negotiation process shall expressly prohibit city employees from participating in the s…

All documents related to the project shall be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except those exempted from disclosure under the act. (Added by Stats. 2024, Ch. 707, Sec…

(a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (b) Except as expressly …

As used in this chapter: (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 m…

(a) Upon approval by its governing body, a local agency may use, in addition to other methods of project delivery otherwise allowable by law, the Construction Manager/General Contractor method of project delivery for a regional recycled water project or other water infrastructure…

(a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by the Department of Transportation. (b) The Construction Manager/General Contractor method allows the department to engage a construction manager during the design pr…

(a) The Construction Manager/General Contractor method provided by this chapter may be used by the department, but is not limited to, when it is anticipated that the Construction Manager/General Contractor method will reduce project costs or expedite project completion in a manne…

As used in this chapter, the following terms have the following meanings: (a) “Construction manager” means a partnership, corporation, or other legal entity that is a licensed contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Profes…

Construction Manager/General Contractor method projects shall progress as follows: (a) (1) The department shall establish a procedure for the evaluation and selection of a construction manager through a request for qualifications (RFQ). The RFQ shall include, but not be limited t…

(a) Any construction manager that is selected to construct a project pursuant to this chapter shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require. (b) Any payment or perfo…

All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1. The construction manager shall do all of the following: (a) Provide public notice of the availability of work to be …