Public Contract Code — Part 5 | PCC — United States — California law | Esheria

Public Contract Code

Part 5 of 9 · provisions 801–1,000

This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules.

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This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules. This chapter may be cited as the State Contract Act. Some contracts are exempt from this chapter: contracts to buy supplies or materials under Chapter 2, and contracts needing emergency work or remedial measures to deal with toxic substance releases and protect the public. Certain improvements on state waterfront property in San Francisco, under the San Francisco Port Commission, are excluded from this chapter. Work performed by prisoners under an order from the Secretary of the Department of Corrections and Rehabilitation or the California Correctional Training and Rehabilitation Authority is not subject to this chapter. For prison construction projects or additions, the total cost may not exceed $50,000 unless first approved by the State Public Works Board.

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Provisions of Public Contract Code

Showing 200 of 1,624

  1. 20425.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    In later bidding or election rounds for the same work, the bids of all persons and the election of owners who previously failed to enter into the contract must be rejected.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20425. The bids of all persons and the election of all owners who have previously failed to enter into the contract shall be rejected in any bidding or election subsequent to the first for the same work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  2. 20426.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    Contractors and contracting owners must, when signing a contract for the work, execute a bond approved by the superintendent of streets and payable to the city.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20426. All contractors, contracting owners included, shall, at the time of executing any contract for the work, execute a bond to the satisfaction and approval of the superintendent of streets and payable to the city, in a sum not less than 25 percent of the amount of the contract, conditioned upon the faithful performance of the contract. (Amended by Stats. 1983, Ch. 18, Sec. 32. Effective April 21, 1983.)
  3. 20427.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    A legislative body may set liquidated damages before bid notices are published, and the contractor or contracting owners must pay those damages if the work is not completed on time.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20427. At any time prior to publication and posting notice inviting bids, the legislative body by resolution, may determine that if the contractor, contracting owners included, does not complete the work within the time limit specified in the contract or within the further time that the legislative body authorized, the contractor or contracting owners, as the case may be, shall pay to the city liquidated damages in the amount fixed by the legislative body in the resolution. The amount so fixed is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. If this determination is made, the plans or specifications and the contract shall contain provisions in accordance with that determination. Any moneys received by the city on account of those liquidated damages shall be applied as follows: (1) If received prior to confirmation of the assessment, those moneys shall be applied as a contribution against the assessment. (2) If received after the confirmation of the assessment, those moneys shall be applied in the manner provided in Section 5132.05 of the Streets and Highways Code for the disposition of excess acquisition funds. (3) If a contribution has previously been made or ordered by any agency, the legislative body may order a refund to the contributing agency in the proportion that the contribution bears to the total costs and expenses of the work. (Amended by Stats. 2015, Ch. 303, Sec. 422. (AB 731) Effective January 1, 2016.)
  4. 20428.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    If a contractor or owner defaults on a public work contract, the legislative body may declare a default, relet or finish the work, and the owner or contractor must pay the completion cost and stop work after notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20428. If the owner or contractor who may have taken any contract does not complete the work within the time limited in the contract, or within such further time as the legislative body may give him, or abandons or fails to proceed with the work, the legislative body may declare him in default and may either relet all or any portion of the work, or it may complete the work by direct purchase of labor and materials, and the owner or contractor shall pay to the city the entire cost of completing the work before the warrant is delivered to the owner or contractor. Notice of the declaration of default shall be given by the clerk of the legislative body to the owner or contractor by personal service or by mail. Upon receipt of such notice, the owner or contractor shall forthwith quit the work, and shall receive no payment for any work performed thereafter, unless ordered by the legislative body to resume the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  5. 20429.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    Before a contract is awarded, the winning bidder or electing owner must advance certain publication, incidental, and related acquisition costs to the superintendent of streets, subject to a stated cap. The legislative body may waive advance payment by resolution, but the waiver must appear in the bid notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20429. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, for payment by him, the cost of publication of the notices, resolutions, orders and matters required under the proceedings prescribed in this division, and of such other notice as may be deemed requisite by the legislative body, together with all other incidental expenses incurred up to the time of entering into the contract, including the estimated cost of any acquisition which the legislative body may determine to be payable at said time, but limited to the amount specified in the notice inviting bids pursuant to Section 5241 of the Streets and Highways Code. All other acquisition costs shall be payable at the time of the delivery to the contractor, or his agent, or assigns, of the warrant, assessment and diagram as provided in Section 5375 of the Streets and Highways Code. The legislative body may waive the payment in advance of all or any part of the incidental expenses and acquisition costs by resolution adopted not later than the time of ordering the work. The waiver must appear in the notice inviting bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  6. 20430.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    If the city abandons a public construction work before it starts or before materials are used, the pre-abandonment incidental expenses must be paid from the city treasury.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20430. If the work is abandoned by the city before work is actually started or before any materials, supplies or equipment have been furnished or used, the incidental expenses incurred previous to such abandonment shall be paid out of the city treasury, but such expense for which the city is liable and which shall have been paid by it may be charged as incidental expenses against the district benefited in any new proceeding had or taken for any work which includes substantially the same work as that which was included in the abandoned proceedings. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  7. 20431.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    A person with an interest in assessed land may file a written notice with the clerk within 10 days after the first publication of the contract award notice if they claim prior work-related proceedings were irregular or faulty.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20431. At any time within 10 days from the date of the first publication of the notice of award of the contract, any owner of, or other persons having any interest in, any lot or land liable to assessment, who claims that any of the previous acts or proceedings relating to the work are irregular, defective, erroneous or faulty, may file with the clerk a written notice specifying in what respect the said acts and proceedings are irregular, defective, erroneous or faulty. The notice shall state that it is made pursuant to this section. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  8. 20432.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    Objections to prior acts or proceedings are waived unless they were made in writing and in the required manner and time, if the resolution of intention to do the work was actually published.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20432. All objections to any act or proceeding occurring prior to the time within which such objections are permitted to be filed in relation to the work, not made in writing and in the manner and at the time specified, shall be waived, if the resolution of intention to do the work has been actually published, as provided in this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  9. 20433.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    A legislative body may state in the resolution of intention that property owners will not be allowed to take the contract if it believes the public interest would not be served.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20433. If in the opinion of the legislative body the public interest will not be served by allowing the property owners to take the contract it may so provide in the resolution of intention. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  10. 20434.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    The legislative body or the contractor may bring an action to challenge the validity of the proceedings and any related contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20434. An action to determine the validity of proceedings relating to the work and the validity of any contract entered or to be entered into pursuant thereto may be brought by the legislative body or by the contractor pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose proceedings shall be deemed to be in existence upon the award of the contract. An action may be commenced and concluded by the legislative body before the publication of the notice inviting bids, and for such purpose the proceedings shall be deemed to be in existence upon the adoption of the resolution ordering the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  11. 20435.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    In proceedings covered by this section, the legislative body’s findings, conclusions, and determinations are conclusive unless there is actual fraud.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20435. In such action, all findings, conclusions and determinations of the legislative body which conducted the proceedings shall be conclusive in the absence of actual fraud. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  12. 20436.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    A contractor is not required to sign or start work on a contract while a validity challenge is pending, until the court’s judgment becomes final.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20436. If an action is commenced under the provisions of this chapter to determine the validity of any contract or proposed contract, and the contract has not been signed, the contractor shall not be obligated to sign the same until a judgment sustaining the validity of the proceedings and the proposed contract has become final. If the contractor has signed and executed the contract, he shall not be obligated to begin work until a judgment sustaining the validity of the proceedings and the contract has become final. If a judgment is entered holding the contract invalid, the contractor shall be discharged and relieved of all obligation under the contract, and he and his sureties shall be discharged and relieved of all obligation upon any bond required by law in connection with such contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  13. 20436.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    Only the legislative body or the contractor may bring the action, and it cannot be brought after the date fixed for the beginning of work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20436.5. Notwithstanding any other provisions of law, the action authorized by this chapter shall not be brought by any person other than the legislative body or the contractor, nor shall the action be brought after the date fixed for the beginning of work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  14. 20437.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    The superintendent of streets is authorized to make written contracts, receive bonds, and do other acts required by this division for the street department.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20437. The superintendent of streets is hereby authorized in his official capacity to make all written contracts, and to receive all bonds authorized by this division and to do any other act, either expressly or impliedly required by this division, that pertains to the street department. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  15. 20438.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

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    The person responsible for each contract must set the start date and completion time, with the start date no later than 45 days after the contract date, and the work must be carried out diligently until finished.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20438. He shall fix the time for the commencement, which shall not be more than 45 days from the date of the contract, and for the completion of the work under each contract entered into by him. The work shall be prosecuted with diligence from day to day thereafter to completion. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  16. 20439.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The legislative body may grant extensions of time for completing the work, and written extension requests must be filed with the clerk before the relevant deadline expires.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20439. He may extend the time fixed for completion of the work from time to time, under the direction of the legislative body. All applications for extensions of time, if in writing, must be filed in the office of the clerk before the expiration of the original time fixed in the contract, or of the time granted by extension, as the case may be. An extension of time may be granted by the legislative body after the expiration of the time originally fixed in the contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration. Any extension of time shall not release the sureties upon any bond required under this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  17. 20440.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Construction work must be done under the superintendent of streets, unless the legislative body timely directs that the engineer take that role.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20440. The work, in all cases, shall be done under the direction and to the satisfaction of the superintendent of streets and the materials used shall comply with the specifications and be to the satisfaction of the superintendent of streets and all contracts made therefor shall contain a provision to that effect unless the legislative body by resolution adopted within 10 days after the passage of the resolution ordering the work directs that the work shall be done under the direction of the engineer and the materials used shall comply with the specifications and be to the satisfaction of the engineer, instead of the superintendent of streets, and in such case the contract shall contain a provision to that effect. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  18. 20441.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The legislative body may, by resolution adopted within 10 days after the work-ordering resolution is passed, direct that the assessment be made and signed by the engineer instead of the superintendent of streets.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20441. The legislative body also may by resolution adopted within 10 days after the passage of the resolution ordering the work provide and direct that the assessment thereafter to be made in the proceeding shall be made and signed by the engineer instead of by the superintendent of streets. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  19. 20442.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The contract must include express notice that the city and its officers are not liable for the expense or for any delinquency of assessed persons or property, unless law or charter says otherwise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20442. The contract shall contain express notice that, in no case, except where it is otherwise provided by law or by charter will the city, or any officer thereof, be liable for any portion of the expense, nor for any delinquency of persons or property assessed. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  20. 20443.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The legislative body may set contract rules by ordinance, and the superintendent of streets or engineer must assess and apportion the expenses using the method set out in this division.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20443. The legislative body may, by ordinance, prescribe general rules directing the superintendent of streets or the engineer, as the case may be, and the contractor as to the materials to be used, and the mode of executing the work, under all contracts thereafter made. The assessment and apportionment of the expenses of all such work shall be made by the superintendent of streets or the engineer, as the case may be, in the mode provided by this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  21. 20444.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    If a U.S. government fiscal agent contributes money or materials to a project, the contributing agency’s requirements may be included in the contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20444. If any fiscal agent of the United States government contributes any money or materials to be used in the construction of any work provided for in this division, the requirements of the agency contributing such money or materials may be incorporated in the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  22. 20445.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The contract must include provisions allowing the legislative body to cancel undelivered materials or equipment on 24 hours’ notice, and requiring a delivery permit signed by the superintendent of streets before delivery.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20445. If a contribution of labor or of labor and any portion of materials, supplies or equipment is to be made by any local, state or national agency or authority, the contract shall contain a provision that the legislative body may cancel the order for any undelivered materials, supplies or equipment by giving the contractor 24 hours notice of said cancellation, and require the contractor to accept the return of the unused materials and supplies, in which event the contractor will be entitled to compensation for only so much of the materials, supplies and equipment as has been used prior to the giving of such notice. The contract shall also contain a provision that no materials, supplies or equipment shall be delivered until a delivery permit signed by the superintendent of streets has been received by the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  23. 20446.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    In this chapter, “changes” includes corrections, alterations, modifications, additions, omissions, increases, and decreases.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20446. “Changes” as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  24. 20447.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The legislative body may change the proposed assessment district or related work before the assessment is confirmed, unless a majority protest has ended that power; after the contract is awarded, changes need written consent from the contractor or bidder, and the body may not include territory it believes will not benefit from the work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20447. Unless the power to proceed shall have ceased at the conclusion of the hearing on the resolution of intention because of a majority protest, at any time before the confirmation of the assessment the legislative body may make changes in, to or from the boundaries of the proposed assessment district, the work proposed to be done, or any act, determination or provision made, or permitted to be made, by the legislative body under and pursuant to this division, which act, determination or provision does not affect the jurisdiction of the legislative body to order the work or improvement; provided, that after the award of the contract no such changes shall be made without the written consent of the contractor or the bidder to whom the contract shall have been awarded. The legislative body shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  25. 20448.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    At the hearing on the resolution of intention, the legislative body may order changes, but not changes to add territory to the assessment district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20448. At the hearing on the resolution of intention, the legislative body, without further notice and hearing, may order any changes, as defined in Sections 20446 and 20447, except changes to include additional territory in the assessment district. Any changes to include additional territory and all changes after the hearing on the resolution of intention shall be ordered only as provided in this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 543. Effective January 1, 2007.)
  26. 20449.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Before ordering changes, the legislative body must adopt and publish a resolution, and give notice of a hearing unless the hearing is waived under the stated conditions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20449. Before ordering any changes made, the legislative body shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the work by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the legislative body and show cause why the changes should not be ordered. The resolution shall also contain the name and telephone number of a local department or agency designated by the legislative body to answer inquiries regarding the hearing proceedings. Such notice shall be omitted if the hearing of objections is not required as provided hereunder. The resolution may describe the changes by referring to maps, plats, plans, profiles, detailed drawings, or specifications on file in the office of the clerk or engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code, at least 10 days prior to the date of the hearing. The hearing of objections shall not be required if the legislative body, when considering passage of the resolution, finds and determines by a four-fifth’s vote of all members thereof, that all of the owners of lots or lands liable to be assessed, or their agents, who shall make oath that they are such agents, have signed and filed a petition waiving the hearing, with the clerk, on or before the fifth day prior to the day that the resolution is considered for passage, declaring that they do not have any objections to the proposed changes and requesting that the hearing of objections shall not be required. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  27. 20450.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    If a resolution would add territory to an assessment district, the clerk must mail the resolution to specified property owners at least 15 days before the hearing, unless Section 20449 says no objection hearing is required.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20450. If a resolution required under Section 20449 proposes to include additional territory in the assessment district, at least 15 days prior to the hearing fixed therein, the clerk shall mail a copy of the resolution to all persons owning real property within the additional territory whose names and addresses appear on the last equalized assessment roll or as known to the clerk. This section shall not apply if the hearing of objections is not required pursuant to Section 20449. (Amended by Stats. 2006, Ch. 538, Sec. 544. Effective January 1, 2007.)
  28. 20451.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Interested persons may file written objections with the clerk by the hearing deadline; the legislative body must hear the objections and may order the changes only after the stated conditions are met.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20451. Written objections to the proposed changes may be filed with the clerk by any interested person at any time not later than the time set for the hearing. The legislative body shall hear and pass upon the objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If no written objections to the changes have been delivered to the clerk up to the hour set for hearing thereon, or if the objections have been heard and found by the legislative body to be insufficient or have been overruled or denied, immediately thereupon the legislative body by an affirmative vote of four-fifths of its members shall acquire jurisdiction to order the changes made. If the hearing of objections is not required, pursuant to Section 20449, immediately upon passage of the resolution the legislative body shall acquire jurisdiction to order the changes made. The decisions and determinations of the legislative body ordering the changes shall be final and conclusive upon all persons entitled to appeal thereupon to the legislative body. (Amended by Stats. 2006, Ch. 538, Sec. 545. Effective January 1, 2007.)
  29. 20452.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Changes under this chapter cannot raise the estimated assessable cost by more than 20% of the total estimated work cost, except as allowed by Section 20453.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20452. (a) No changes, except as provided in Section 20453, shall be made pursuant to this chapter that will increase the estimated assessable cost by more than 20 percent of the total estimated cost of the work as determined from either of the following: (1) The engineer’s estimate, if the change is ordered prior to the award of the contract. (2) The successful bid, if the change is ordered after the award of the contract. (b) Any changes made pursuant to subdivision (a) shall also be subject to the limitations, if any, contained in any law applicable to the proceedings that imposes limitations upon the amount by which the estimated cost of the work or improvement may be increased by reason of those changes. (Amended by Stats. 2006, Ch. 538, Sec. 546. Effective January 1, 2007.)
  30. 20453.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Changes can go over the 20% cost limit if the legislative body orders them, and the city must pay the part of the added cost above that limit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20453. Changes may exceed the 20-percent limitation in cost when the legislative body orders such changes. That portion of the added cost which exceeds the 20-percent limitation shall be paid by the city. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  31. 20454.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Changes made under this chapter do not release or discharge sureties on bonds required under the division.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20454. Any changes made pursuant to this chapter shall not release or discharge the sureties upon any bond required under this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  32. 20455.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    After construction begins, the legislative body—or the superintendent of streets if authorized—may order work changes without a hearing, but the change order must be in writing and stay within stated dollar and percentage caps.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20455. (a) After construction has begun, the legislative body, or the superintendent of streets if authorized by the legislative body, may order changes in the work without the necessity of a hearing. The order shall be in writing, and the amount of any change ordered shall not exceed five thousand dollars ($5,000) when the total amount of the original contract does not exceed fifty thousand dollars ($50,000), nor 10 percent of the amount of any original contract that exceeds fifty thousand dollars ($50,000), but does not exceed two hundred fifty thousand dollars ($250,000). (b) For contracts whose original cost exceeds two hundred fifty thousand dollars ($250,000), the extra cost for any change or addition to the work so ordered shall not exceed twenty-five thousand dollars ($25,000), plus 5 percent of the amount of the original contract costs in excess of two hundred fifty thousand dollars ($250,000). In no event shall any such change or alteration exceed one hundred fifty thousand dollars ($150,000). (c) The limitations on the cost of changes permitted by this section shall not apply where (1) the change is requested in writing by the owner of property subject to assessment for the improvement under construction and the nature of the change requested is such that the cost thereof will be assessed exclusively against the property of the person requesting the change, or (2) the change in the work will not adversely affect the benefiting property and any increase in the cost resulting from the changes will be paid by the city and will not be assessed against the property within the assessment district. (Amended by Stats. 1997, Ch. 215, Sec. 3. Effective January 1, 1998.)
  33. 20456.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    A contract may include a clause for setting a fair and equitable price for changes in the work, if Section 20455’s limits are met.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20456. Subject to the limitations of Section 20455, the contract may include a provision to determine a fair and equitable price for changes in the work, including, but not limited to, arbitration or cost plus a fixed fee. (Amended by Stats. 2006, Ch. 538, Sec. 547. Effective January 1, 2007.)
  34. 20457.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    A contractor awarded a street-work contract must file an approved bond with the superintendent of streets when signing the contract, and the bond must be at least half of the contract amount.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20457. Every contractor, to whom is awarded any contract for street work under this division, shall at the time of signing and executing the contract, file with the superintendent of streets a good and sufficient bond, approved by the street superintendent in a sum not less than one-half of the total amount payable by the terms of the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  35. 20458.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    The bond must require the contractor or subcontractor to pay for materials, supplies, equipment, machinery, and labor used on the work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20458. The bond shall provide that the contractor or subcontractor shall pay for any materials, provisions, provender, or other supplies or use of implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind. (Amended by Stats. 1983, Ch. 18, Sec. 33. Effective April 21, 1983.)
  36. 20459.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    Certain unpaid suppliers, laborers, and similar contributors may file a verified claim statement within 30 days after the assessment file is recorded with the superintendent of streets.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20459. Any person furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed, or any person renting or hiring teams or implements, or machinery for, or contributing to, the work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials and whose claim has not been paid by the contractor or by the subcontractors of the contractor may, at any time within 30 days from the date of the recordation of the assessment file with the superintendent of streets a verified statement of his claim, together with a statement that the same, or some part thereof, has not been paid. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  37. 20460.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    If a claimant has not been paid by the contractor or subcontractors, the claimant has a first lien on specified assessments and related bonds.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20460. Each person whose claim has not been paid by the contractor or his subcontractors, shall have a first lien upon and against the assessment, any partial assessment, any reassessment and any bonds which may be issued to represent any assessment or reassessment, which lien may be enforced by action brought within three months after the date of the filing of the verified statement in the superior court of the county in which such work is done. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  38. 20461.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    A contractor’s assignment of certain contract-related payments and securities cannot outrank claimants’ claims, and such an assignment has no binding effect on claimants’ rights.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20461. No assignment by the contractor of the whole or any part of the money, assessment, partial assessment, any reassessment and any bonds which may be issued to represent any assessment or reassessment, due or to be due under the contract, or for “extras” in connection therewith, whether made before or after a verified claim is filed pursuant to this chapter, shall take priority over the claims, and the assignment shall have no binding force insofar as the rights of the claimants, or their assigns, are concerned. None of the provisions of Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code shall be applicable to any assessment, partial assessment, reassessment, bonds, moneys or funds payable to the contractor or assignee under this division or to any matter contained in this chapter. (Amended by Stats. 2010, Ch. 697, Sec. 49. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  39. 20462.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    If a contractor disputes a claim filed under this chapter, the city or superintendent of streets may allow the contractor to deliver a satisfactory surety bond.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20462. If any contractor disputes the correctness or validity of any claim filed pursuant to this chapter, the city or superintendent of streets may permit the contractor to deliver to the city or superintendent of streets a bond satisfactory to said city or superintendent of streets executed by the contractor and some corporation authorized to issue surety bonds in a penal sum equal to one and one-fourth times the amount of the claim. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  40. 20463.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    If a bond is filed, the city, its officers, and the superintendent of streets must not withhold specified funds or bonds from the contractor on account of the claim. The bond also must cover any amount the claimant recovers plus court costs, and the bond’s sureties are jointly and severally liable to the claimant.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20463. The bond shall guarantee the payment of any sum which the claimant may recover on the claim together with his costs of suit in the action, if he shall recover therein. If such bond is filed, the city, any officer thereof, or superintendent of streets shall not withhold any moneys or funds, assessment, partial assessment, any reassessment and any bonds which may be issued to represent any assessment or reassessment from the contractor on account of the claim. The sureties upon the bond shall be jointly and severally liable to the claimant with the sureties upon the contractor’s original labor and material bond posted by the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  41. 20464.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )

    Verify source ↗

    A claimant or assignee may sue the contractor’s sureties under this chapter within the stated time window, and the court must award reasonable attorney’s fees to the prevailing party.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20464. Suit against the sureties on the bond of the contractor filed pursuant to this chapter may be brought by any claimant, or his assigns, at any time after the claimant has ceased to perform labor or furnish materials or both and until the expiration of six months after the period in which verified claims may be filed. The filing of a verified claim shall not be a condition precedent to the maintenance of such action against the sureties on the bond and an action on the bond may be maintained separately from and without the filing of an action against the city or officer by whom the contract was awarded. Upon the trial of the action, the court shall award to the prevailing party a reasonable attorney’s fee, to be taxed as costs, and to be included in the judgment therein rendered. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  42. 20470.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    This article applies to contracts by Separation of Grade Districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20470. The provisions of this article shall apply to contracts by Separation of Grade Districts, as provided for in Part 2 (commencing with Section 8100) of Division 9 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  43. 20471.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    The commission must advertise for bids for the project under an order entered in the minutes, and the notice must refer to the order and plan.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20471. The commission shall, pursuant to an order entered in the minutes, advertise for bids for the construction of the project either as a whole or in sections, as it may deem fit, in accordance with the plan theretofore adopted and filed, by publishing a notice calling for bids at least once each week for two successive weeks in a newspaper of general circulation published within the district. The notice shall refer to the order and plan for further particulars. If the commission elects to receive separate bids for the construction of sections of the project, the order shall describe the sections for which separate bids are desired. The commission may advertise at the same time and in the same notice both for bids for the construction of the project as a whole and for bids for the construction of separate sections. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  44. 20471.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    Bids for construction work must be sealed and include specified bid security; unsuccessful bidders’ security must be returned after award and cannot be held more than 60 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20471.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidders security: (a) Cash. (b) A cashier’s check made payable to the commission. (c) A certified check made payable to the commission. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the commission. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the commission beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 29.)
  45. 20472.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    The contract must be awarded after advertisement to the lowest responsible bidder, and the commission may reject all bids and advertise again.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20472. Every contract for the construction of the project or for any section, if it is to be constructed in sections, shall be let, after advertisement, to the lowest responsible bidder, or the commission may reject all bids for the construction of the project or for any section, and may readvertise for bids for doing the work in the same manner and for the same length of time as provided for a notice calling for bids for construction. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  46. 20473.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    Before a contract is made, the bidder must give the district a performance bond and a separate bond for labor and material claims.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20473. Before the making of any contract the bidder shall give a bond to the district for the faithful performance of his contract, which shall be signed by the bidder and sureties satisfactory to the commission, in an amount equal to at least 50 percent of the amount of the contract price and shall give another bond conditioned upon the payment of claims for labor and material in connection with the performance of his contract containing the terms and conditions set forth in Chapter 3 of Division 5 of Title 1 of the Government Code and subject to the provisions of that chapter. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  47. 20474.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    The commission must execute the district contract, but only after the district electors approve it at the election for bonds or a tax levy.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20474. The contract shall be executed on behalf of the district by the commission, subject to approval or rejection by the electors of the district, expressed at an election called for the purpose of issuing bonds or authorizing the tax levy for the payment of the contract. If the electors fail to approve the bond issue, or fail to authorize the tax levy, the contract shall be null and void without notice and the commission shall immediately return the bonds to the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  48. 20475.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    The commission may do maintenance or repair work on the project, but if the cost exceeds $1,000, the work must be done only under contract after advertising for bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20475. The commission may do any or all maintenance or repair work upon the project, either with or without contract, and with or without advertising for bids for contracts, unless the cost of the work exceeds one thousand dollars ($1,000), in which event it shall be done only under contract after advertising for bids in the same manner and for the same length of time as provided for advertising for bids and letting contracts for construction work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  49. 20476.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    The commission may hire necessary engineers, inspectors, and superintendents for contract supervision or for work done without a contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20476. The commission may hire all necessary engineers, inspectors and superintendents to supervise the performance of contracts entered into by the commission, or to have charge of doing all work done without contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  50. 20477.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. )

    Verify source ↗

    If a project involves a state highway and the plans have been approved by the Department of Transportation, Division of Highways, the commission and the department may make and carry out contracts under Section 130 of the Streets and Highways Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 28. Separation of Grade Districts [20470 - 20477] ( Heading of Article 28 amended by Stats. 1984, Ch. 1128, Sec. 36. ) ## 20477. As to any project involving a state highway where the plans have been approved by the Department of Transportation, Division of Highways, the commission and the department may enter into and carry out contracts pursuant to Section 130 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  51. 20480.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    This section says the article applies to contracts made by cities, cities and counties, counties, and certain other public entities authorized to operate under the Municipal Improvement Act of 1913.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20480. The provisions of this article shall apply to contracts by cities, cities and counties, or counties, or other entities, public corporations, or agencies authorized to operate under the Municipal Improvement Act of 1913, as provided for in Division 12 (commencing with Section 10000) of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  52. 20481.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    After preliminary approval of the report, the legislative body may award the contract or contracts and take the steps needed to acquire installed works, appliances, or other property.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20481. At any time after the preliminary approval of the report provided for in Section 10300 of the Streets and Highways Code, the legislative body may let the contract or contracts for all or any part of the improvement and authorize such acts and proceedings as are necessary to acquire works or appliances already installed, or other property, as authorized by this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  53. 20482.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    Contracts must be awarded to the lowest responsible bidder after the required notice is published, and bid opening must be at least 14 days later.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20482. Each contract shall be let to the lowest responsible bidder after notice inviting sealed proposals is published pursuant to Section 6066 of the Government Code in a newspaper published in the municipality, and designated by the legislative body for that purpose, or if there is no such newspaper by such posting as the legislative body may provide. The time fixed for the opening of the bids shall not be less than 14 days after the first publication or posting of the notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  54. 20483.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    Construction bids must be sealed and include bidder’s security worth 10% of the bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20483. (a)All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security which amounts to 10 percent of the bid: (1) Cash. (2) A cashier’s check made payable to the legislative body. (3) A certified check made payable to the legislative body. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the legislative body. The amount so posted shall be forfeited to the municipality if the bidder does not, within 15 days after written notice that the contract has been awarded to the bidder, enter into a contract with the municipality for the work. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the legislative body beyond 60 days from the time the award is made. (b) The faithful performance of the contract shall be secured by an undertaking in that penal sum as the legislative body requires, but not less than 25 percent of the contract price, satisfactory to the legislative body. When the proceedings include the acquisition or construction of works, appliances, or improvements to be owned, managed or controlled by a public agency other than the municipality making the acquisitions or ordering the work done, the legislative body of the municipality may require that the undertaking also inure to the benefit of the public agency to the extent of its interest in the entire project. The contractor shall also furnish a labor and material bond as required by law in a sum not less than 50 percent of the contract price. (Amended by Stats. 1990, Ch. 808, Sec. 30.)
  55. 20484.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    The clerk of the legislative body must publish the contract award notice once in the same newspaper used for the notice of improvement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20484. Notice of award of the contract shall be published by the clerk of the legislative body once in the newspaper in which the notice of improvement was published. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  56. 20485.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    Certain owners of assessed lands, or their agents, do not have to submit sealed bids and may instead take the work by written contract within 10 days after notice of award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20485. The owners of three-fourths of the area of lands assessed or liable to be assessed, or their agents (who shall make oath that they are such owners or agents), shall not be required to present sealed proposals or bids, but may, within 10 days after the publication of the notice of the award of the contract, elect to take the work and enter into a written contract to do the whole work at prices not exceeding the prices specified in the bid of the bidder to whom the contract was awarded, and all work done under such contract shall be subject to such regulations as may be prescribed by the legislative body. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  57. 20486.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    If the owners do not act within the stated time limits, the contract must be awarded to the original bidder at the bid prices.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20486. If the owners fail to elect to take the work and to enter into a written contract therefor within 10 days, or to commence the work within 15 days after the date of the written contract, and to prosecute the same with diligence to completion, a contract shall be entered into with the original bidder to whom the contract was awarded at the prices specified in his bid. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  58. 20487.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    The legislative body may state in the resolution of intention that property owners will not be allowed to take the contract, if it believes that is in the public interest.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20487. If, in the opinion of the legislative body, the public interest will not be served by allowing the property owners to take a contract, it may so provide in the resolution of intention. In that event, no notice of award of contract need be published pursuant to Section 20484. (Amended by Stats. 2006, Ch. 538, Sec. 548. Effective January 1, 2007.)
  59. 20488.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    The contract must require the work to follow the approved plans and specifications, be supervised by the named board officer or report maker, and not be paid for until approved; partial progress payments are allowed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20488. The contract shall provide that the work shall be done strictly in accordance with the plans and specifications contained in the report provided for in Sections 10200, 10201, 10202, 10203, 10204, and 10300 of the Streets and Highways Code. The work shall be done under the supervision of the board officer, or person by whom the report was made, and no work or portion of the work shall be paid for until it is approved for payment by that board officer, or person, but this shall not prevent approval of and payment for completed portions of the work as it progresses. Payment made for completed portions of the work shall not constitute final acceptance of these portions or of the completed project. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  60. 20489.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    This section says the provisions of the Improvement Act of 1911 on liquidated damages are part of this division.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20489. The provisions of the Improvement Act of 1911 relating to liquidated damages are incorporated in this division. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  61. 20490.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    If the contractor abandons or slows the work too much, the legislative body may declare a default, relet or finish the work, and the clerk must notify the contractor.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20490. If the contractor abandons the work, or fails to proceed with the work as rapidly as required by his contract, the legislative body may declare him in default and relet the work in the manner set forth in this chapter for letting the original contract, or it may complete the work by direct purchase of labor and materials, and retain out of any funds due or to become due the contractor the amount of the cost of the work and any expense incidental to reletting the contract or performing the work, and also hold the contractor and his sureties responsible for such cost and expense, and for any damages resulting from the abandonment or failure upon his bond. Notice of the declaration of default shall be given by the clerk of the legislative body by personal service or by mail. Upon receipt of such notice, the contractor shall forthwith quit the work, and shall receive no payment for any work performed thereafter unless ordered to resume the work by the legislative body. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  62. 20491.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    The legislative body may, within 10 days after contract award—or, if no bids are received, within 10 days after the bid-opening time—order that the proposed contract not be made and that the municipality do the work itself.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20491. At any time within 10 days after the award of any contract pursuant to this chapter, or if no bids are received, at any time within 10 days after the time fixed for the opening of bids by resolution adopted by a vote of two-thirds of all its members, the legislative body may order that the proposed contract be not made, and that the municipality itself execute the work in accordance with the plans and specifications adopted for the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  63. 20492.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    If the city abandons work before it starts or before materials or equipment are used, the city treasury must pay the incidental expenses unless they were already provided for.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20492. If the work is abandoned by the city before work is actually started or before any materials, supplies or equipment have been furnished or used, the incidental expenses incurred previous to such abandonment, unless provision has otherwise been made therefor, shall be paid out of the city treasury, but such expense for which the city is liable and which shall have been paid by it may be charged as incidental expenses against the district benefited in any new proceeding had or taken for any work which includes substantially the same work as that which was included in the abandoned proceedings. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  64. 20496.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    Civil Code Title 3 is made applicable to construction of works and improvements under this article.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20496. The provisions of Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code are hereby expressly made applicable to the construction of works and improvements under this article. (Amended by Stats. 2010, Ch. 697, Sec. 50. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  65. 20497.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. )

    Verify source ↗

    The legislative body may state in the resolution of intention that the public interest would not be served by letting the property owners take the contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 29. Public Entities—Municipal Improvement Act of 1913 [20480 - 20497] ( Heading of Article 29 amended by Stats. 1984, Ch. 1128, Sec. 37. ) ## 20497. If in the opinion of the legislative body the public interest will not be served by allowing the property owners to take the contract it may so provide in the resolution of intention. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  66. 2050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    An awarding department must accept certain state or local certifications for public contract work if they meet the specified federal certification criteria.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2050. It is the intent of the Legislature that any awarding department shall accept for purposes of public contract work any state or local agency certification for minority, women, and disadvantaged business enterprises if that certification meets the certification criteria contained in Part 23 of Title 49 of the Code of Federal Regulations. It is also the intent of the Legislature that definitions for minority and women business enterprises, as specified in subdivisions (e) and (f) of Section 10115.1, shall constitute a clarification of, rather than a change in, existing law. (Added by Stats. 1992, Ch. 1329, Sec. 2. Effective January 1, 1993.)
  67. 20500.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    This article applies to contracts made by a city council under the Street Lighting Act of 1919.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20500. The provisions of this article shall apply to contracts by a city council, as provided in the Street Lighting Act of 1919, Part 1 (commencing with Section 18000) of Division 14 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  68. 20501.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    The city council must invite bids within 10 days after the district is established, unless a narrow single-contractor exception applies. Bids must be sealed and include bidder security equal to 10% of the bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20501. (a) The city council shall, within 10 days after the establishment of the district, invite bids for the making of the improvement by ordering a notice of the invitation to be published by two successive insertions in a daily or weekly newspaper published or circulated in the city and designated by the city council for that purpose. However, if the city council determines that there is only one contractor practically capable of serving the street lighting system to be improved in the manner provided in the plans and specifications contained in the report provided for in Chapter 3 (commencing with Section 18040) of Part 1 of Division 14 of the Streets and Highways Code and that the contractor is subject to the jurisdiction of the Public Utilities Commission of the State of California, the city council may, in its discretion, without competitive bidding, order the improvement to be carried out by the contractor in accordance with rates and rules filed by it from time to time with the Public Utilities Commission. (b) All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security which amounts to 10 percent of the bid: (1) Cash. (2) A cashier’s check made payable to the city. (3) A certified check made payable to the city. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the city. The security shall be forfeited to the city in case the bidder depositing it does not, within 15 days after the notice that the contract has been awarded to him or her, enter into a contract with the city for making the improvement, the faithful performance of which shall be secured by an undertaking in those penal sums as the city council shall require, with sureties satisfactory to that body. In any case where competitive bidding is required, the contract shall be awarded to the lowest responsible bidder. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the city beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 31.)
  69. 20502.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    A service contract must last at least 3 years, be extended automatically for 1-year terms, and the work must follow the cited plans and specifications.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20502. The contract shall require that the improvement be made, and the improvement shall be made, strictly in accordance with the plans and specifications contained in the report provided for in Chapter 3 of Part 1 of Division 14 of the Streets and Highways Code. The contract for service shall be for a period not less than three years from and after the date electric energy and service is first delivered to the lighting district pursuant to such contract and shall be extended automatically thereafter for successive terms of one year each; provided, that the agreement may be terminated by either party upon not less than 60 days’ written notice prior to the expiration date of the original term or any extended term; and provided further, that the contract for service may be for a period of less than three years by mutual consent of the city council and the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  70. 20503.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    The improvement must be supervised by the board, officer, or person designated by the city council, and no payment may be made until that board, officer, or person accepts it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20503. The improvement shall be made under the supervision of the board, officer or person designated by the city council, and no portion shall be paid for until it has been accepted by that board, officer or person. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  71. 20504.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    If a contractor abandons the improvement or is not proceeding fast enough under the contract, the city council may relet the contract, keep related costs from money owed to the contractor, and pursue the contractor and sureties on the bond for costs and damages.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20504. If the contractor abandons the making of the improvement, or fails to proceed with it as rapidly as required by his contract, the city council may relet the contract in the same manner as in the case of the first letting thereof and retain the amount of the cost of the portion relet, and of any expenses incidental to the reletting, out of any funds due or to become due to the contractor. The city council may also hold the contractor and his sureties responsible upon his bond for such cost and expense, and for any damages resulting from such abandonment or failure. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  72. 20505.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    The city council may, within 20 days after bids are opened (or after the scheduled opening time if no bids are received), decide by two-thirds resolution to have the city do the improvement work itself and supply the needed labor and materials.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20505. The city council may, at any time within 20 days after the opening of bids, or, if no bids are received, at any time within 20 days after the time fixed for the opening of bids, order by resolution adopted by a vote of two-thirds of all of its members, that the city itself execute the work of the improvement, or any part thereof, in accordance with the plans and specifications adopted for such work, or for such part thereof, and employ the labor and provide the materials, appliances, supplies or illuminating agent necessary therefor. The cost and expenses of such work, or of such part thereof, shall be paid out of the special fund collected to pay for the improvement. If the city council orders that only a part of the work of the improvement be executed by the city then the city council may reject all bids, if any, received for such part of the work and may proceed with the award of the contract for the remaining part of the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  73. 20506.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    If the city does the improvement work, it may not spend special-fund money above the lowest valid bid, or above the estimate if no bids are received. Any excess cost must be paid from the city general fund.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20506. If the work of the improvement, or any part thereof, is executed by the city, then the amount appropriated and used from the special fund to pay the costs and expenses of the work or part thereof executed by the city shall not exceed the amount of the respective lowest valid bid received for such work or for such part thereof, or, if no bids have been received and the work of the improvement is executed by the city the amount appropriated and used from the special fund to pay the costs and expenses of such work shall not exceed the amount of the respective estimate thereof provided for in Section 18041 of the Streets and Highways Code. If such costs and expenses exceed the amount of the said bid, or of the said estimate in case no bids are received, then such excess cost and expense shall be paid out of any moneys in the general fund in the city treasury. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  74. 20507.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. )

    Verify source ↗

    The city council may, after funds are in the city treasurer’s hands, order the city to do the work itself without bids if two-thirds of members vote for it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 30. City Councils—Street Lighting Act of 1919 [20500 - 20507] ( Heading of Article 30 amended by Stats. 1984, Ch. 1128, Sec. 38. ) ## 20507. At any time after the funds for the proposed improvement, or any part thereof, are in the hands of the city treasurer, the city council may, without calling for bids, order by resolution, adopted by a vote of two-thirds of all its members, that the city itself execute the work of such improvement, or any part thereof, in accordance with the plans and specifications adopted for such work or for such part thereof, and employ the labor, and provide the materials, appliances, supplies or illuminating agent necessary therefor. In such case the costs and expenses of such work, or of such part thereof, shall be paid out of the aforesaid funds, except that if such costs and expenses exceed the amount of the respective estimates provided for in Section 18041 of the Streets and Highways Code, then such excess shall be paid out of the moneys in the general fund in the city treasury. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  75. 2051.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    This section defines terms used in the chapter on certification of minority and women business enterprises.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2051. As used in this chapter, the following definitions apply: (a) “Awarding department” means any state agency, department, governmental entity, including the California State University, or officer or entity empowered by law to enter into contracts on behalf of the State of California. (b) “Department” means the Department of Transportation. (c) “Minority,” for purposes of this section, means a citizen or lawful permanent resident of the United States who is an ethnic person of color and who is: Black (a person having origins in any of the Black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race); Native American (an American Indian, Inuk, Aleut, or Native Hawaiian); Pacific-Asian (a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific, including the Northern Marianas); Asian-Indian (a person whose origins are from India, Pakistan, or Bangladesh); or any other group of natural persons identified as minorities in the respective project specifications of an awarding department or participating local agency. (d) “Minority business enterprise” means a business concern that meets all of the following criteria: (1) The business is at least 51 percent owned by one or more minorities or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minorities. (2) A business whose management and daily operations are controlled by one or more minorities who own the business. (3) A business concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm, or other business. (e) “Women business enterprise” means a business concern that meets all of the following criteria: (1) The business is at least 51 percent owned by one or more women or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women. (2) A business whose management and daily operations are controlled by one or more women who own the business. (3) A business concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm, or other business. (f) A “disadvantaged business enterprise” means a business concern that is all of the following: (1) A “disadvantaged business” as that term is used in Part 23 of Title 49 of the Code of Federal Regulations. (2) An individual proprietorship, partnership, corporation, or joint venture. (3) Organized for profit, with a place of business located in the United States and which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials, or labor. (g) “Participating state or local agency” means any state or local agency that elects to participate in the certification process pursuant to this chapter. For purposes of this subdivision, the following definitions apply: (1) “District” means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. (2) “Local agency” means a county or city, whether general law or chartered, city and county, school district, or other district. (3) “State agency” means any department, division, board, bureau, commission, or agency of the executive branch of government. (Amended by Stats. 2025, Ch. 67, Sec. 160. (AB 1170) Effective January 1, 2026.)
  76. 20510.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. )

    Verify source ↗

    This section says the article applies to contracts made by a city council under the Street Lighting Act of 1931.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. ) ## 20510. The provisions of this article shall apply to contracts by a city council, as provided in the Street Lighting Act of 1931, Part 2 (commencing with Section 18300) of Division 14 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  77. 20511.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. )

    Verify source ↗

    After an installment assessment is delinquent, the superintendent of streets may call for bids and set the bid-receipt date, subject to the timing and notice rules in this section.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. ) ## 20511. At any time after the installment assessment becomes delinquent, the superintendent of streets may call for bids for such improvement and may fix a date, not less than 20 nor more than 30 days after the publication of a notice inviting bids for such improvement, for the receipt of such bids at his office at an hour not later than 10 a.m. on such date. Such notice shall be published once in a daily or weekly newspaper published and circulated in the city and designated by the city council for that purpose. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  78. 20512.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. )

    Verify source ↗

    Bids for construction work must be submitted in sealed cover with bidder’s security equal to 10% of the bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. ) ## 20512. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security which amounts to 10 percent of the bid: (a) Cash. (b) A cashier’s check made payable to the city. (c) A certified check made payable to the city. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the city. The check or bond shall be forfeited to the city if the bidder depositing it does not within 10 days after the publication of a notice of award of the contract to him or her, enter into the necessary contract with the city. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the city beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 32.)
  79. 20513.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. )

    Verify source ↗

    The contract must set a definite start date for the improvement, no later than 30 days after execution, and must remain in force for one year from its effective date.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. ) ## 20513. The contract shall specify a date certain when the improvement shall be started, the date to be not more than 30 days after the execution thereof, and that the contract shall continue in force for a period of one year from the effective date of the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  80. 20514.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. )

    Verify source ↗

    The city council may, before the bid notice is issued, adopt a resolution imposing additional reasonable conditions, including performance bonds and materialmen’s bonds.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 31. City Councils—Street Lighting Act of 1931 [20510 - 20514] ( Heading of Article 31 amended by Stats. 1984, Ch. 1128, Sec. 39. ) ## 20514. The city council may, by resolution passed prior to the notice inviting bids, impose such other reasonable conditions, including faithful performance bonds and materialmen’s bonds, as may in its discretion appear to be necessary and proper. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  81. 2052.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    Awarding departments and local agencies must accept qualifying certifications from participating state agencies, and awarding departments must not require a separate certification process once the enterprise has complied with the stated criteria.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2052. (a) All awarding departments and local agencies shall accept a certification by any participating state agency whose certification criteria complies with Part 23 of Title 49 of the Code of Federal Regulations. All awarding departments shall, and local agencies may, accept a certification by any participating local agency whose certification criteria complies with Part 23. Those participating state or local agency certifications shall be deemed sufficient to qualify minority, women, and disadvantaged business enterprises for purposes of contracts that are fully or partially funded by the federal government, contracts fully or partially funded by all state agencies, and contracts fully or partially funded by all local agencies, as defined in Part 3 (commencing with Section 20100). (b) All awarding departments and local agencies shall accept the certification of a minority, women, or disadvantaged business enterprise made by a participating state agency as valid status of that enterprise, with respect to the identities of the persons certified as having ownership and control of the business enterprise, when awarding contracts to minority, women, and disadvantaged business enterprises. All awarding departments shall, and local agencies may, accept this certification when made by a participating local agency. No awarding department shall require a business enterprise, which has complied with the certification criteria of a participating state or local agency, to comply with any other certification process for certifying minority, women, and disadvantaged business enterprises. However, a participating local agency may impose additional conditions for certification of a business enterprise concerning its status as a minority, women, or disadvantaged business enterprise relating to ethnicity, business size, and business location for participation in local programs. (Amended by Stats. 1994, Ch. 210, Sec. 1. Effective January 1, 1995.)
  82. 20520.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. )

    Verify source ↗

    This article applies to contracts made by a city council under the Municipal Lighting Maintenance District Act of 1927.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. ) ## 20520. The provisions of this article shall apply to contracts by a city council, as provided in the Municipal Lighting Maintenance District Act of 1927, Part 3 (commencing with Section 18600) of Division 14 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  83. 20521.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. )

    Verify source ↗

    The city council must arrange contracts for district lighting system maintenance and operation, and if competitive bidding is required, the work must be bid publicly and awarded to the lowest responsible bidder.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. ) ## 20521. The city council shall make all contracts and all necessary provisions for the furnishing of the maintenance and operation finally determined upon for the lighting systems which are to be maintained and operated from funds of the district. Such contracts shall be made in the same manner and after the same notice and by the same persons as other city contracts for such items of maintenance and operation are made unless such contracts of the city are not required to be made after competitive bidding. In that case the contracts for the district shall be let only after competitive bidding and the officer whose duty it is to let contracts for such items for the city shall give or cause to be given a notice inviting sealed bids on the items to be purchased and fix a time and place at which the bids will be opened and declared in public. The contract shall be awarded to the lowest responsible bidder, or if necessary for the public good any and all bids may be rejected and in such case readvertisement shall be had in the same manner as before. The notice inviting bids shall be published at least twice and the first publication shall be at least 10 days before the time set for opening the sealed bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  84. 20522.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. )

    Verify source ↗

    Construction bids must be sealed and include one listed form of bidder’s security; unsuccessful bidders’ security must be returned after award and cannot be held more than 60 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 32. City Councils—Municipal Lighting Maintenance District Act of 1927 [20520 - 20522] ( Heading of Article 32 amended by Stats. 2011, Ch. 296, Sec. 253. ) ## 20522. (a) All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (1) Cash. (2) A cashier’s check made payable to the district. (3) A certified check made payable to the district. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the district. (b) Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 2006, Ch. 538, Sec. 549. Effective January 1, 2007.)
  85. 2053.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    Participating state or local agencies must certify qualifying minority, women, and disadvantaged business enterprises, complete certification within 60 working days, submit information to the Department of Transportation, and keep verification data secure.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2053. (a) A participating state or local agency shall certify a business enterprise as a minority or women business enterprise if that business enterprise meets the definition of a minority or women business enterprise specified in subdivisions (d) and (e) of Section 2051 in accordance with the eligibility standards set forth in Section 23.53 of Title 49 of the Code of Federal Regulations. (b) A participating state or local agency shall certify a business enterprise as a disadvantaged business enterprise if that business enterprise meets the definition of a disadvantaged business enterprise specified in subdivision (f) of Section 2051, in accordance with the “Guidance for Making Determinations of Social and Economic Disadvantage” set forth in Appendix C to Subpart D of Part 23 of Title 49 of the Code of Federal Regulations. (c) The participating state or local agency may include a site visit as part of its certification process. However, if a participating state or local agency certifies an applicant without conducting a site visit, any other participating state or local agency may conduct a site visit to verify ownership and control of the minority, women, or disadvantaged business enterprise. For purposes of conducting a site visit, certification documentation retained by the participating state or local agency shall be provided, upon request, to any other participating state or local agency. The applicant shall be subject to only one site visit per year, unless ownership and control changes have occurred in the business within the 12-month period following a site visit. Nothing in this chapter shall prohibit a participating state or local agency from conducting a site visit for purposes of preparing a response to an appeal from a notice of intent to decertify pursuant to Section 2055. (d) A participating state or local agency shall complete the certification process, including verification of information submitted by the applicant and the performance of a site visit, if applicable, within 60 working days after receipt of a completed application, and shall submit the appropriate information to the Department of Transportation for insertion into the computerized data bank created pursuant to Section 2056. (e) The grant of certification of a business enterprise by a participating state or local agency shall be valid for two years. A business enterprise that has been denied certification by a participating state or local agency may reapply for certification after six months have elapsed since the date of the denial of certification. (f) A participating state or local agency shall provide adequate security methods to prevent contamination and unauthorized access to the information gathered during the verification process. (Amended by Stats. 1993, Ch. 433, Sec. 12. Effective September 24, 1993.)
  86. 20530.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    This section says Article 33 applies to contracts made by a joint highway district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20530. The provisions of this article shall apply to contracts by a joint highway district, as provided in the Joint Highway District Act, Part 1 (commencing with Section 25000) of Division 16 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  87. 20531.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    Construction work must be awarded by contract to the lowest responsible bidder, after bids are advertised in the district’s designated newspaper.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20531. All construction work shall be done by contract awarded to the lowest responsible bidder after advertising for bids in a newspaper of general circulation published and circulated within the district which has been designated by the secretary or the board of directors for that purpose. The advertising shall be done by means of two publications of the notice inviting bids the first of which shall be not less than 10 days prior to the time fixed for receiving the bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  88. 20532.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    Bids for construction work must be sealed and include bidder security. If the lowest bidder is awarded the contract, the district must return the unsuccessful bidder’s security within a reasonable time and may not keep it more than 60 days after the award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20532. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 34.)
  89. 20533.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    Bids must be delivered to the secretary of the board of directors by the set bid-receiving time, and the secretary must then open them publicly in the presence of the board in public session.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20533. All bids shall be delivered to the secretary of the board of directors not later than the hour fixed for receiving bids and shall thereafter be publicly opened by the secretary in the presence of the board of directors assembled in public session. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  90. 20534.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    The board of directors must award the contract to the lowest responsible bidder, but it may reject all bids or reject particular bids before awarding the contract in specified cases.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20534. The board of directors shall award the contract to the lowest responsible bidder. However, before awarding the contract the board may: (a) Reject all bids should it deem this necessary for the good of the district. (b) Reject the bid of any bidder who has been delinquent or unfaithful in any former contract with either the district, or any county composing the district, or with the state. (c) Reject the bid of any bidder who is unable to satisfy the board of directors of his ability, financially or otherwise, to perform the contract for the proposed work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  91. 20535.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    If all bids are rejected as too high, the board may choose day labor instead of rereading bids, under the district engineer’s supervision.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20535. If all bids have been rejected because it appears that they are too high and that the work can be done more cheaply by day labor, the board may, in lieu of readvertising for bids, order the work done by day labor under the supervision of the district engineer. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  92. 20536.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    A successful bidder must execute the contract within 20 days after award, and the contract form must be approved by an attorney employed by the board of directors.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20536. The bidder to whom any contract is awarded shall, within 20 days after the date of the award by the board of directors, execute a contract to perform the work. The contract shall be in a form approved by an attorney employed by the board of directors. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  93. 20537.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    The awarded contractor must execute performance and payment bonds before the contract is signed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20537. Before the contract is executed, the person to whom it is awarded shall execute bonds for the faithful performance of the contract and for the payment of all claims for labor and material thereunder in the manner provided by law and in the form approved by an attorney employed by the board of directors. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  94. 20538.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    Bonds must be executed by the bidder and a qualified corporate surety, each bond must be at least 50% of the aggregate contract price, and the district may not execute the contract until the contract bonds are approved by the president of the board of directors and the district engineer.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20538. All of the bonds shall be executed by the bidder and by a corporate surety duly authorized to do business as such under the laws of the State of California. Each bond shall be in an amount not less than 50 percent of the aggregate contract price. The contract shall not be executed on behalf of the district until all the contract bonds are approved by the president of the board of directors and the district engineer. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  95. 20539.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    The district’s president or vice president and secretary or assistant secretary must sign and attest all construction contracts for the district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20539. The president or vice president and secretary or assistant secretary shall sign and attest all construction contracts on behalf of the district. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  96. 2054.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    The department must make a directory of participating certification agencies available, awarding departments may count certified businesses toward statewide participation goals, and participating agencies must keep certification records and share them in decertification cases under a confidentiality condition.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2054. (a) The department shall develop and make available to all awarding departments and local agencies a directory of all state and local agencies participating in the standardized certification process pursuant to this chapter. An awarding department may count, for purposes of meeting statewide participation goals, those business enterprises that have been certified by a participating state or local agency. (b) The certification shall be under penalty of perjury. The certification application form shall include, but not be limited to, the following information: (1) Name of firm and address. (2) Name of person to contact. (3) Business telephone. (4) Type of ownership. (5) Controlling interest (ethnicity and citizenship). (6) Documentation or evidence of minority ethnicity. (7) Name of owners, general partners, and officers of firm and their percent of ownership in the firm. If a corporation, total outstanding stock and a percentage breakdown of ownership. (8) Management control of firm in the following areas: (A) Financial decisions. (B) Estimating. (C) Marketing and sales. (D) Hiring and dismissal of management. (E) Purchasing of major equipment and supplies. (9) Documentation of identity of owner or management official who is, or has been, within the last three years, an owner, manager, or employee of another firm that has an ownership interest or a present business relationship with the firm. Present business relationships include shared space, employees, equipment, or financing. Explanation of these relationships. (10) Bonding capabilities. (11) Questions regarding whether the firm has been denied certification, or any of the individuals listed in paragraph (7) have been involved with a firm that has been denied certification, as a minority, women, or disadvantaged business enterprise by a participating state or local agency. (12) Type of business (for example, service, goods, construction). (13) Provision for the attachment of a copy of an active business and contractor’s license, or any other pertinent license or permit. (14) Location area of state to be considered for work. (15) Other documentation required to verify ownership and control of a certification applicant in accordance with Sections 23.51 and 23.53 of Title 49 of the Code of Federal Regulations, and with Publication No. FHWA-CR-90-003, dated April 1990, entitled “Disadvantaged Business Enterprise Program Administration Participant’s Manual” published by the Federal Highway Administration in the United States Department of Transportation. (16) Affidavit that all information is true and correct, including statement under penalty of perjury. (c) A participating state or local agency granting or denying the certification shall compile and maintain documentation supporting each of the criteria set forth in subdivision (b) for a minimum of two years. The documentation shall include, but not be limited to, one copy of the issued certification with the name of the person or persons responsible for reviewing and authorizing the certification and the date on which each review and authorization occurred. (d) The minority, women, or disadvantaged business enterprises seeking certification shall designate on the application form the information that they consider proprietary. Any information so designated shall be confidential. However, if notice is given by a participating state or local agency of its intention to decertify a business enterprise certified pursuant to this chapter, the participating state or local agency that granted the original certification shall provide access to all of its certification documentation to a participating state or local agency seeking to decertify the business enterprise, if the participating state or local agency seeking to decertify the business enterprise agrees to honor the confidentiality of the information designated as proprietary. (Added by Stats. 1992, Ch. 1329, Sec. 2. Effective January 1, 1993.)
  97. 20540.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    Construction contracts must set 8 hours as a day’s labor and require at least $3 to be paid for a day’s labor on covered construction work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20540. All construction contracts shall provide that a maximum of eight hours shall constitute a day’s labor and that three dollars ($3) shall be the minimum amount paid for a day’s labor performed upon any construction work covered by the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  98. 20541.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. )

    Verify source ↗

    If an awarded bidder does not sign the contract and provide the required bonds, the board of directors must forfeit that bidder’s bid check. After the check is cashed, the board may award the contract to the next lowest responsible and acceptable bidder or call for new bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 33. Joint Highway Districts [20530 - 20541] ( Heading of Article 33 amended by Stats. 1984, Ch. 1128, Sec. 41. ) ## 20541. If any bidder to whom a contract is awarded fails to enter into the contract and execute the required bonds, the board of directors shall declare the check accompanying the bid of such bidder to be forfeited. Upon cashing the check the proceeds shall be placed to the credit of the construction fund of the district. The board of directors may thereupon award the contract to the next lowest responsible and acceptable bidder, or may call for new bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  99. 2055.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    An agency may challenge another agency’s certification of a business enterprise, and the challenged certifying agency must reexamine and notify the parties within 30 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2055. A participating state or local agency may challenge the certification of a business enterprise made by another participating state or local agency as follows: (a) The participating state or local agency seeking to challenge the certification determination made by another participating state or local agency shall give written notice to the certifying agency of its intention to challenge the certification determination. The certifying agency shall reexamine its certification determination and submit written notice to the challenging agency and the business enterprise of its findings after reexamination within 30 days from the date of receipt of the notice. (b) If the challenging agency is not satisfied with the finding of the certifying agency after reexamination, the challenging agency shall submit written notice to the business enterprise, with a copy to the certifying agency, of its intention to decertify the business enterprise. (c) A business enterprise that has received notice of decertification by an agency may appeal that decertification decision in accordance with the procedures of the agency that made the decertification decision. (Added by Stats. 1992, Ch. 1329, Sec. 2. Effective January 1, 1993.)
  100. 20550.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    This section says the article applies to contracts made by a boulevard district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20550. The provisions of this article shall apply to contracts by a boulevard district, as provided for in Part 2 (commencing with Section 26000) of Division 16 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  101. 20551.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    The commission must advertise for bids to construct the boulevard, using the required notice method and timing, and it may also include bids for separate sections in the same notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20551. The commission shall, pursuant to an order entered in its minutes, advertise for bids for the construction of the boulevard, either as a whole or in sections as it may see fit, in accordance with the plan theretofore adopted and filed, by publishing a notice calling for bids at least once a week for two successive weeks in a weekly newspaper published within the district if there is such a newspaper published therein, otherwise in a newspaper published at the county seat of the county in which the district is located. The notice shall refer to the order and plan for further particulars. If the commission elects to receive separate bids for the construction of sections of the boulevard, the order shall describe the sections for which separate bids are desired. The commission may advertise at the same time and in the same notice both for bids for the construction of the boulevard as a whole and for bids for the construction of separate sections. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  102. 20551.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    Construction bids must be sealed and include bidder security; if a bidder loses, its security must be returned within a reasonable time and not held more than 60 days after award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20551.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 35.)
  103. 20552.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    Contracts for boulevard construction must be advertised and awarded to the lowest responsible bidder; if all bids are rejected, the commission may readvertise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20552. Every contract for the construction of the boulevard or for any section, if it is to be constructed in sections, shall be let, after advertisement, to the lowest responsible bidder, or the commission shall reject all bids for the construction of the boulevard or for any section and may readvertise for bids for doing the work in the same manner and for the same time as bids were originally called for. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  104. 20553.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    Before a contract is made, the bidder must give the district a performance bond signed by the bidder and sureties acceptable to the commission, and the bond must be at least 50% of the contract price.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20553. Before the making of any contract the bidder shall give a bond to the district for the faithful performance of his contract, which shall be signed by the bidder and sureties satisfactory to the commission in an amount equal to at least 50 percent of the amount of the contract price. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  105. 20554.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    The commission must execute the district contract, but only if the district electors approve or reject the bond issue at the election called for that purpose.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20554. The contract shall be executed on behalf of the district by the commission, subject to approval or rejection by the electors of the district, expressed at an election called for the purpose of issuing bonds for the payment of the contract. If the electors fail to approve the bond issue, the contract shall be void and the commission shall immediately return the bond to the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  106. 20555.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    If boulevard construction work costs $1,000 or less, the commission may make contracts without advertising or do the work without letting a contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20555. If the cost of any construction work on the boulevard does not exceed one thousand dollars ($1,000) the commission may make contracts therefor without advertisement or it may do the work without letting any contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  107. 20556.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    The commission may do boulevard maintenance or repair work with or without a contract and with or without bidding, but work costing more than $1,000 must be done under contract after advertising for bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20556. The commission may do any or all maintenance or repair work upon the boulevard, either with or without contract, and with or without advertising for bids for contracts unless the cost of the work exceeds one thousand dollars ($1,000), in which event it shall only be done under contract after advertising for bids in the same manner as provided for advertising for bids and letting contracts for construction work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  108. 20557.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. )

    Verify source ↗

    The commission may hire engineers, inspectors, and superintendents to oversee its contracts or work done without a contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 34. Boulevard Districts [20550 - 20557] ( Heading of Article 34 amended by Stats. 1984, Ch. 1128, Sec. 42. ) ## 20557. The commission may hire all necessary engineers, inspectors and superintendents to supervise the performance of contracts entered into by the commission, or to have charge of doing all work done without contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  109. 2056.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    The department must create and run a computerized databank of certified minority, women, and disadvantaged business enterprises, and make the data accessible to awarding departments, local agencies, and the public by July 1, 1993.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2056. (a) The department shall establish and administer a computerized databank containing a list of certified minority, women, and disadvantaged business enterprises. On or before July 1, 1993, the data shall be made accessible to all awarding departments, local agencies, and the public for use in contracting for goods, construction, and services with those business enterprises. (b) The databank shall include, but not be limited to, the following information: (1) Name, address, and telephone number. (2) Ethnicity. (3) Gender. (4) Name of the participating state or local agency that conducted a site visit, and date of site visit, if applicable. (5) Type of ownership. (6) Product or service categories. (7) Geographical area. (8) Name of the participating state or local agency that performed the certification. (9) Any additional local requirements met by the enterprise, if applicable. (10) A record of actions by a participating state or local agency resulting in certification denial or decertification. (c) Information from the databank shall be made available to local public agencies and the public by the date specified in subdivision (a). (d) The database developed to implement this section shall enable the department to monitor changes to this information and to issue any reports as may be required. (Amended by Stats. 2002, Ch. 168, Sec. 6. Effective January 1, 2003.)
  110. 20560.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    This article applies to contracts made by irrigation districts, subject to the Irrigation District Law in the Water Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20560. The provisions of this article shall apply to contracts by irrigation districts, as provided for in the Irrigation District Law, Division 11 (commencing with Section 20500) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  111. 20561.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    In this article, “works” means only works paid for with bond-sale proceeds or a limited assessment.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20561. As used in this article “works” is limited to any works to be paid for with the proceeds of the sale of bonds or a limited assessment. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  112. 20562.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    Construction contracts for works must follow this article, unless the board, with commission approval, decides to build the works itself.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20562. Contracts for the construction of any works shall be made pursuant to the provisions of this article except when the board, with the approval of the commission, elects to proceed to construct the works or any part thereof under its own superintendence. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  113. 20563.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    The board must publish notice once a week for three consecutive weeks to call for bids for construction work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20563. The board shall give notice by publication once a week for three successive weeks in a newspaper published in the county in which the principal office of a district is kept, or if no newspaper is published in that county, in a newspaper the board deems advisable, calling for bids for the construction of the works or of any portion of them. (Amended by Stats. 2006, Ch. 538, Sec. 550. Effective January 1, 2007.)
  114. 20564.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    A notice calling for bids must include specified information about the work, bidding process, and award terms.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20564. The notice calling for bids shall contain: (a) A statement that the plans and specifications of the works to be constructed may be seen at the district office. (b) A particular description of the portion of the works advertised if less than the whole works are advertised. (c) A statement that the board will receive sealed bids for the construction of the works advertised or any portion of them designated by the board. (d) A statement that the contract or contracts for the works advertised will be awarded to the lowest responsible bidder or bidders, but that any or all bids may be rejected. (e) A statement of the time and place for opening the bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  115. 20564.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    Construction bids must be sealed and include bidder’s security; an unsuccessful bidder’s security must be returned after award and not held by the district for more than 60 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20564.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 36.)
  116. 20565.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    Bids must be opened in public at the appointed time and place.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20565. At the time and place appointed the bids shall be opened in public. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  117. 20566.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    After bids are opened, the board must award the work to the lowest responsible bidder or bidders, but it may reject all bids and readvertise or do the work itself.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20566. After opening the bids and as convenient the board shall award the contract or contracts for the works either in portions or as a whole to the lowest responsible bidder or bidders, but the board may reject any or all bids and readvertise for proposals or may proceed to construct the works or any part thereof under its own superintendence. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  118. 20567.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    If there is an emergency and bid notice will not be given, the board must comply with Chapter 2.5 starting at Section 22050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20567. In case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 1994, Ch. 803, Sec. 1.6. Effective January 1, 1995.)
  119. 20568.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    Contracts for material for the district’s works must be awarded to the lowest responsible bidder or bidders, after notice the board considers proper.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20568. Contracts for the purchase of material to be furnished or used by the district in the works shall be awarded to the lowest responsible bidder or bidders after such notice as the board deems proper. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  120. 20569.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    A successful contract awardee under this article must provide a board-approved bond payable to the district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20569. Any person to whom a contract may be awarded pursuant to this article shall provide a bond approved by the board, payable to the district for at least 25 percent of the estimated contract price, conditioned upon the faithful performance of the contract. (Amended by Stats. 1983, Ch. 18, Sec. 35. Effective April 21, 1983.)
  121. 2057.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. )

    Verify source ↗

    This chapter does not apply to professional services contracts that are subject to the specified Government Code chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2.5. Certification of Minority and Women Business Enterprises [2050 - 2057] ( Chapter 2.5 added by Stats. 1992, Ch. 1329, Sec. 2. ) ## 2057. This chapter shall not apply to any professional services contract subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code. (Added by Stats. 1992, Ch. 1329, Sec. 2. Effective January 1, 1993.)
  122. 20570.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. )

    Verify source ↗

    The works must be built under the district engineer’s direction, to the engineer’s satisfaction, and with board approval.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 35. Irrigation Districts [20560 - 20570] ( Heading of Article 35 amended by Stats. 1984, Ch. 1128, Sec. 43. ) ## 20570. The works shall be constructed under the direction and to the satisfaction of the engineer of the district and be subject to the approval of the board. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  123. 20580.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    This article applies to contracts made by water storage districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20580. The provisions of this article shall apply to contracts by water storage districts, as provided for in the California Water Storage District Law, Division 14 (commencing with Section 39000) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  124. 20581.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    The board must advertise for bids before making a contract to construct or improve works when the project is $25,000 or more.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20581. Before making any contract for the construction or improvement of works in carrying out any project totaling twenty-five thousand dollars ($25,000) or more, the board shall advertise for bids. (Amended by Stats. 1998, Ch. 142, Sec. 3. Effective January 1, 1999.)
  125. 20582.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    When work is to be done, the board must publish a notice calling for bids in the county where the district’s principal office is kept, once a week for four consecutive weeks.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20582. When work is to be done, the board shall give notice calling for bids by publication in the county in which the principal office of a district is kept once a week for four consecutive weeks. (Amended by Stats. 2006, Ch. 538, Sec. 551. Effective January 1, 2007.)
  126. 20583.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    If only part of the work in the plans and specifications will be done, the notice must specifically describe that portion.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20583. If less than the whole work provided for in the plans and specifications is to be done, the portion to be done must be particularly described in the notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  127. 20584.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    The notice must state where the plans and specifications can be viewed, that sealed bids will be received, that the contract will go to the lowest responsible bidder, and that bids will be opened in public at a specified time and place.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20584. The notice shall set forth that: (a) Plans and specifications of the work to be done can be seen at the office of the board. (b) The board will receive sealed bids. (c) The contract will be let to the lowest responsible bidder. (d) The bids will be opened in public at a given time and place. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  128. 20584.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    Construction bids must be sealed and include one of the listed bid security forms. If the award is made to the lowest bidder, the district must return an unsuccessful bidder’s security within a reasonable time and may not hold it longer than 60 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20584.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 37.)
  129. 20585.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    The board may award the work to the lowest responsible bidder, reject bids and readvertise, or do the work itself.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20585. The board may either: (a) Let the work to the lowest responsible bidder. (b) Reject any or all bids and readvertise for proposals. (c) Proceed to construct the work under its own superintendence. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  130. 20586.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    If there is an emergency and no notice for bids will be given, the board must comply with Chapter 2.5 starting at Section 22050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20586. In case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 1994, Ch. 803, Sec. 4. Effective January 1, 1995.)
  131. 20587.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    Materials-only contracts must be awarded to the lowest responsible bidder, but the board may reject bids and then readvertise or seek offers from at least three responsible persons.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20587. Contracts for the purchase of materials only shall be awarded to the lowest responsible bidder, except that the board may reject any or all bids for the furnishing of materials only and thereafter either readvertise for bids or solicit offers from not less than three responsible persons to furnish materials. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  132. 20588.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    The board may make a contract to furnish materials when it receives an offer priced lower than the lowest rejected bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20588. Upon receipt of an offer for a less price than that specified in the lowest rejected bid, the board may enter into a contract for the furnishing of the materials with the person who has offered them at the lowest price. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  133. 20589.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    A contract awardee must provide a board-approved bond worth 25% of the contract price, and the work must be done under the board’s direction and approval.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20589. Any person to whom a contract is awarded shall enter into a bond, to be approved by the board, payable to the district for its use, for 25 percent of the amount of the contract price, conditioned for the full and faithful performance of the contract. The work shall be done under the direction and to the satisfaction of, and be approved by, the board. (Amended by Stats. 1983, Ch. 18, Sec. 36. Effective April 21, 1983.)
  134. 20590.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. )

    Verify source ↗

    Contracts and other documents executed by the board must be signed by the president and the secretary.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 36. Water Storage Districts [20580 - 20590] ( Heading of Article 36 amended by Stats. 1984, Ch. 1128, Sec. 44. ) ## 20590. All contracts and other documents executed by the board shall be signed by the president and by the secretary. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  135. 20600.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    This article applies to contracts made by county waterworks districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20600. The provisions of this article shall apply to contracts by county waterworks districts, as provided for in the County Waterworks District Law, Division 16 (commencing with Section 55000) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  136. 20601.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    County waterworks district construction contracts over $3,500 must be awarded to the lowest responsible bidder, with limited exceptions for informal bidding and certain public-entity contracts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20601. All contracts for construction of a work of improvement for the district in excess of three thousand five hundred dollars ($3,500) shall be let to the lowest responsible bidder, except that contracts under seven thousand five hundred dollars ($7,500) may be let pursuant to informal bidding procedures established by the board, and except that county waterworks districts may contract with each other, with the county, or, where the district is a subsidiary district of a city, with the city, for furnishing labor, materials, or supplies required for any improvement mentioned in this division upon such terms and conditions as their boards may elect. With the approval of the board of supervisors and the board of directors of the district, if any, or, where the district is a subsidiary district of a city, with the approval of the city council, and upon the terms and conditions they may determine, all contracts for construction of a work of improvement for the district, including those under three thousand five hundred dollars ($3,500), may be let by the county or city purchasing agent, as applicable. (Amended by Stats. 2009, Ch. 332, Sec. 78.1. (SB 113) Effective January 1, 2010.)
  137. 20602.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The district must advertise in the county and invite sealed proposals for labor, materials, and supplies before it makes a construction contract for the improvement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20602. The district shall advertise in the county pursuant to Section 6061 of the Government Code, inviting sealed proposals for furnishing labor, materials and supplies for the proposed improvement before any contract for construction of a work of improvement for the district shall be made. (Amended by Stats. 2009, Ch. 332, Sec. 78.2. (SB 113) Effective January 1, 2010.)
  138. 20602.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    Construction bids must be submitted under sealed cover and include bidder’s security.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20602.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 38.)
  139. 20603.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The district may require bonds from the successful bidder and may reject any or all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20603. The district shall have the right to require such bonds as it may deem best from the successful bidder, to insure the faithful performance of the contract, and shall also have the right to reject any and all bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  140. 20604.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    If there is an emergency and bid notice for contracts will not be given, the district must comply with Chapter 2.5 starting at Section 22050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20604. In case of an emergency, if notice for bids to let contracts will not be given, the district shall comply with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 1994, Ch. 803, Sec. 6. Effective January 1, 1995.)
  141. 20605.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The district’s governing body may use day labor for certain facility work if the relevant boards determine it is more economical and satisfactory than bidding the work out.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20605. When the board of supervisors and the board of directors of the district, if any, determine that any work of repairing, improving, renewing or extending district facilities can be done more economically and satisfactorily by day labor without letting contracts to the lowest bidder as provided in Section 20601, the governing body of the district may cause the work to be done by day labor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  142. 20606.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The chapter does not bar a county, or a qualifying city, from doing the proposed improvement without hiring a contractor when properly ordered.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20606. Nothing contained in this chapter shall be construed as prohibiting the county when ordered by the board of supervisors, or the city when ordered by the city council where the district is a subsidiary district of the city, to make the proposed improvement without a contractor therefor, and to purchase the materials and supplies, and employ the labor necessary for the purpose. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  143. 20607.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The board of supervisors may, outside incorporated cities or towns, order and contract for the work and property covered by this division, and may provide that the cost be borne by a district if four-fifths of the board orders it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20607. The board of supervisors may, except in incorporated cities or towns, order and contract for any of the work, and the acquisition of any of the property contemplated, to be done or authorized to be acquired under this division, and to provide, if ordered by four-fifths of the members of the board of supervisors, that the cost shall be borne by a district. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  144. 20608.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    An improvement financed by voted bonds must be carried out in line with the general description of the proposed improvement stated in the bond-authorizing proceedings.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20608. Any improvement for which bonds are voted under the provisions of this division, shall be made in conformity with the general description of the proposed improvement as provided for in the proceedings authorizing issuance of the bonds. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  145. 20609.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The board may contract to reimburse an installer for part of the cost of water system facilities, if specified conditions are met.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20609. Whenever for any reason water system facilities are proposed to be installed in a district by someone other than the district itself, or the installation cost is proposed to be paid by someone other than the district itself, and the facilities are to be thereafter dedicated to the district for public use, and the board determines that it is necessary and convenient to the purposes of the district that the acceptance of said dedication be conditional upon the water system facilities being adequate to serve land other than and in addition to land proposed by the installer to be served thereby, the board may by contract agree to reimburse and may reimburse the installer for the proportionate part of the total cost of such water system facilities which will serve and benefit other land, upon such terms as may be agreed upon. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  146. 20610.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    A reimbursement contract may allow periodic reimbursement payments for up to 10 years, paid only from charges on land other than the land the installer plans to serve.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20610. The reimbursement contract may provide that the reimbursement will be made in periodic payments over an agreed period of time not to exceed 10 years, exclusively out of charges imposed upon land and collected from persons owning the land other than the land proposed by the installer to be served by the water system facilities. The other land that may connect to and be served by the water system facilities shall be specified in the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  147. 20611.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    A contract cannot allow reimbursement payments to go above the contract-specified total cost of the water system facilities, excluding the installer’s land costs. The contract may also include interest up to 4% per year for the stated period.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20611. Under no circumstances shall the total amount of all reimbursement payments made or agreed to be made exceed the amount, specified in said contract, for the total cost of the water system facilities exclusive of the costs attributable to the land of the installer. An amount attributable to interest may also be included in the contract, at a rate not to exceed 4 percent per annum from the date of installation to the date of connection of other land to the facilities. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  148. 20612.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    A district that reimburses an installer for water system facilities may charge nearby land that can receive service through those facilities, and may add interest up to 4% per year.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20612. Whenever a district has contracted to reimburse an installer for the installation of water system facilities, it may impose upon land and collect from any person owning the land, other than the land designated in the contract as proposed by the installer to be served therefrom, which may connect to and receive water service from or through said water system facilities, a reasonable charge representing the proportionate share of the estimated cost of replacement or the proportionate share of the total installation cost of said water system facilities which is fairly attributable to the land which may receive water service. An amount attributable to interest may be included in the charge at a rate not to exceed 4 percent per annum from the date of installation to the date of connection of other land to the facilities. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  149. 20613.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    Charges collected under Section 20612 must be paid into the district treasury and handled like other water revenues, unless this chapter or the reimbursement contract says otherwise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20613. All charges collected under Section 20612 shall be paid into the treasury of the district and treated in the same manner as other water revenues, except as otherwise provided in this chapter and the reimbursement contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  150. 20615.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. )

    Verify source ↗

    The district’s board, or an officer the board authorizes, may let contracts for specified professional or special services under the cited Government Code provisions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 37. County Waterworks Districts [20600 - 20615] ( Heading of Article 37 amended by Stats. 1984, Ch. 1128, Sec. 45. ) ## 20615. (a) Contracts by the district for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may be let by the board or any officer authorized by the board pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (b) Contracts by the district for special services, as provided in Section 31000 of the Government Code, may be let by the board or any officer authorized by the board pursuant to Section 31000 of the Government Code. (Added by Stats. 2009, Ch. 332, Sec. 78.3. (SB 113) Effective January 1, 2010.)
  151. 20620.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. )

    Verify source ↗

    This article applies to contracts made by county drainage districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. ) ## 20620. The provisions of this article shall apply to contracts by county drainage districts, as provided for in the County Drainage District Act, Division 17 (commencing with Section 56000) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  152. 20621.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. )

    Verify source ↗

    After the plans and specifications are completed, the district board may choose how the work is carried out.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. ) ## 20621. Upon completion of the precise plans and specifications, the work or any portion of it may be done in any of the following ways as ordered by the district board: (a) By purchasing the material and doing the work by day labor. (b) By purchasing the material and letting a contract for the doing of the work. (c) By purchasing only a portion or none of the material and letting a contract for furnishing the balance or all of the material and the doing of the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  153. 20622.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. )

    Verify source ↗

    Contracts for the work and materials must be awarded to the lowest responsible bidder who submits a sealed bid in response to the bid notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. ) ## 20622. Any contract for the doing of the work and furnishing any or all of the material shall be let to the lowest responsible bidder submitting a sealed bid in response to a notice calling for bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  154. 20623.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. )

    Verify source ↗

    The notice must be published weekly for at least two consecutive weeks in a county newspaper, and materials costing over $1,000 must be bought from the lowest responsible bidder if there is no purchasing agent.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. ) ## 20623. The notice shall be published once a week for at least two successive weeks in a newspaper circulated in the county and shall refer to precise plans and specifications covering the work to be done and materials, if any, to be furnished. If the material to be purchased costs over one thousand dollars ($1,000), and there is no purchasing agent, the material shall be purchased from the lowest responsible bidder. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  155. 20624.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. )

    Verify source ↗

    Construction bids must be submitted under sealed cover with bidder security, and the district must return an unsuccessful bidder’s security after award to the lowest bidder, within 60 days at the latest.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 38. County Drainage Districts [20620 - 20624] ( Heading of Article 38 amended by Stats. 1984, Ch. 1128, Sec. 46. ) ## 20624. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 39.)
  156. 20630.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    This section says the article applies to contracts made by levee districts, as provided by the Levee District Law of 1959.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20630. The provisions of this article shall apply to contracts by levee districts, as provided for in the Levee District Law of 1959, Division 19 (commencing with Section 70000) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  157. 20631.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    Contracts over $2,500 for levee construction or repair, and associated works, must be made under this chapter unless the work is done under the agency’s own superintendence.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20631. Contracts in excess of two thousand five hundred dollars ($2,500) for the construction or repair of any levees or associated works, unless the construction or repair is done under its own superintendence, shall be made pursuant to this chapter. (Amended by Stats. 1998, Ch. 142, Sec. 4. Effective January 1, 1999.)
  158. 20632.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    The board must give notice by publication when calling for bids to construct or repair levees or associated works of the district.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20632. The board shall give notice by publication, pursuant to Section 6063 of the Government Code, in calling for bids for the construction or repair of any of the levees or associated works of the district. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  159. 20633.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    The bid notice for district construction or repairs must include specified information about the work, sealed bids, award rules, bid opening time and place, and where plans and specifications can be viewed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20633. The notice calling for bids shall contain: (a) A statement that the plans and specifications of the construction or repairs may be seen at the district office. (b) A particular description of the construction or repair advertised if less than the whole construction or repair is advertised. (c) A statement that the board will receive sealed bids for the construction or repairs advertised or any portion of them designated by the board. (d) A statement that the contract or contracts for the construction or repair advertised will be awarded to the lowest responsible bidder or bidders, but that any and all bids may be rejected. (e) A statement of the time and place for opening the bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  160. 20633.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    Construction bids must be submitted under sealed cover and include one approved form of bidder’s security. If a bidder loses, the district must return that security within a reasonable time and cannot hold it for more than 60 days after the award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20633.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 40.)
  161. 20634.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    After bids are opened, the board must award the contract to the lowest responsible bidder, unless it chooses to reject all bids and readvertise or do the work itself.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20634. After opening the bids, and as convenient, the board shall award the contract or contracts for the construction or repair in portions, or as a whole, to the lowest responsible bidder or bidders, but the board may reject any and all bids and readvertise for proposals or may proceed to construct the works or any part thereof under its own superintendence. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  162. 20635.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. )

    Verify source ↗

    In an emergency, if bid notice will not be given, the board must follow Chapter 2.5 starting at Section 22050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 39. Levee Districts [20630 - 20635] ( Heading of Article 39 amended by Stats. 1984, Ch. 1128, Sec. 47. ) ## 20635. In case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 1994, Ch. 803, Sec. 8. Effective January 1, 1995.)
  163. 20640.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    This article applies to contracts made by municipal water districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20640. The provisions of this article shall apply to contracts by municipal water districts, as provided for in the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the Water Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  164. 20641.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    A district may set methods for constructing works and letting contracts for certain listed purposes.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20641. A district may prescribe methods for the construction of works and for the letting of contracts for any of the following purposes: (a) The construction of works, structures or equipment. (b) The performance or furnishing of labor, materials, or supplies, necessary or convenient for carrying out any of the purposes of this division. (c) The acquisition or disposal of any real or personal property. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  165. 20642.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    For district work not done by force account, contracts of $35,000 or more must be awarded to the lowest responsible bidder after bid notices are published; the board may reject all proposals.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20642. When work is not to be done by the district itself by force account, and the amount involved is thirty-five thousand dollars ($35,000), or more, any contract for the doing of the work shall be let to the lowest responsible bidder, after publication, in the manner prescribed by the board, of notices inviting bids therefor. However, the board may reject any and all proposals. (Amended by Stats. 1998, Ch. 142, Sec. 5. Effective January 1, 1999.)
  166. 20642.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    Construction bids must be sealed and include bidder’s security. If a bid is unsuccessful, the district must return the security after an award to the lowest bidder and may not hold it for more than 60 days from the award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20642.5. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 41.)
  167. 20643.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    Contracts for acquiring or disposing of real or personal property may be awarded without competitive bidding.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20643. Notwithstanding Section 20642, contracts, in writing or otherwise, for the acquisition or disposal of any real or personal property may be let without calling for competitive bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  168. 20644.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    The board may set how bids are called and contracts are let, and may authorize the terms and manner for entering contracts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20644. The board may, from time to time, establish the manner of calling for bids and letting contracts, but except as such procedure so established by the board otherwise requires, all contracts may be entered into upon such terms and in such manner as the board may authorize. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  169. 20645.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. )

    Verify source ↗

    In an emergency, if no bid notice will be given for contracts, the board must comply with Chapter 2.5 starting at Section 22050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 40. Municipal Water Districts [20640 - 20645] ( Heading of Article 40 amended by Stats. 1984, Ch. 1128, Sec. 48. ) ## 20645. In the case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 1994, Ch. 803, Sec. 8.6. Effective January 1, 1995.)
  170. 20650.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    This section says the article applies to contracts made by community college districts, subject to Part 49 of the Education Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20650. The provisions of this article shall apply to contracts by community college districts as provided for in Part 49 (commencing with Section 81000) of the Education Code. (Added by Stats. 1983, Ch. 256, Sec. 84.)
  171. 20651.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    Community college district boards must use competitive bidding for certain contracts over set dollar amounts, and public project bids must be sealed and supported by bidder security.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20651. (a) The governing board of any community college district shall let any contracts involving an expenditure of more than fifty thousand dollars ($50,000) for any of the following: (1) The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the district. (2) Services, except construction services. (3) Repairs, including maintenance as defined in Section 20656, that are not a public project as defined in subdivision (c) of Section 22002. The contract shall be let to the lowest responsible bidder who shall give security as the board requires, or else reject all bids. (b) The governing board shall let any contract for a public project, as defined in subdivision (c) of Section 22002, involving an expenditure of fifteen thousand dollars ($15,000) or more to the lowest responsible bidder who shall give security as the board requires, or else reject all bids. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (1) Cash. (2) A cashier’s check made payable to the community college district. (3) A certified check made payable to the community college district. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the community college district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (c) This section applies to all equipment, materials, or supplies, whether patented or otherwise. This section shall not apply to professional services or advice, insurance services, or any other purchase or service otherwise exempt from this section, or to any works done by day labor or by force account pursuant to Section 20655. (d) Commencing January 1, 1997, the Board of Governors of the California Community Colleges shall annually adjust the dollar amounts specified in subdivision (a) to reflect the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The annual adjustments shall be rounded to the nearest one hundred dollars ($100). (Amended by Stats. 1995, Ch. 897, Sec. 5. Effective January 1, 1996.)
  172. 20651.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district board may award certain goods, services, or IT contracts to certified small businesses or disabled veteran business enterprises when the contract value is between $5,000 and $250,000 and price quotations are obtained from at least two eligible businesses.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20651.2. (a) Notwithstanding any other law, including, but not limited to, the advertising, bidding, and protest provisions of this article and Division 7 (commencing with Section 70900) of Title 3 of the Education Code, but subject to Section 88003.1, the governing board of a community college district may award a contract for the acquisition of goods, services, or information technology that has an estimated value of greater than five thousand dollars ($5,000), but less than two hundred fifty thousand dollars ($250,000), to a certified small business, including a microbusiness, or to a disabled veteran business enterprise, if the community college district obtains price quotations from two or more certified small businesses, including microbusinesses, or from two or more disabled veteran business enterprises. (b) In carrying out subdivision (a), a community college district shall consider a responsive offer timely received from a responsible certified small business, including a microbusiness, or from a disabled veteran business enterprise. (c) The definitions set forth in Section 14837 of the Government Code apply to this section. (Added by Stats. 2013, Ch. 262, Sec. 3. (AB 173) Effective January 1, 2014.)
  173. 20651.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district may require prospective bidders to file a standardized questionnaire and financial statement, and bids may be rejected if the required forms or prequalification timing are not met.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20651.5. (a) The governing board of any community college district may require each prospective bidder for a contract, as described under Section 20651, to complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaire responses of prospective bidders and their financial statements shall not be deemed public records and shall not be open to public inspection. (b) Any community college district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed financially qualified to bid. The prequalification of a prospective bidder shall neither limit nor preclude a district’s subsequent consideration of a prequalified bidder’s responsibility on factors other than the prospective bidder’s financial qualifications. (c) Each prospective bidder on any contract described under Section 20651 that is subject to this section shall be furnished, by the community college district letting the contract, with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be deemed nonresponsive and shall be rejected. A proposal form shall not be accepted from any person who, or other entity which, is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but who or which has not done so at least five days prior to the date fixed for the public opening of sealed bids and has not been prequalified, pursuant to subdivision (b), at least one day prior to that date. (Added by Stats. 1998, Ch. 657, Sec. 5. Effective January 1, 1999.)
  174. 20651.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district may use best value bidding in some cases, but it must adopt policies, evaluate specified factors, document the award, announce it publicly, and ensure fair competition without discrimination.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20651.7. (a) For the purposes of bid evaluation and selection pursuant to subdivision (a) of Section 20651, when a community college district determines that it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the community college district may provide for the selection of the lowest responsible bidder on the basis of best value pursuant to policies and procedures adopted by the governing board in accordance with this section. (b) For purposes of this section, “best value” means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the governing board, achieved through methods in accordance with this section and determined by objective performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services. (c) A community college district shall consider all of the following when adopting best value policies pursuant to subdivision (a): (1) Price and service level proposals that reduce the district’s overall operating costs, including end-of-life expenditures and impact. (2) Equipment, services, supplies, and materials standards that support the community college district’s strategic acquisition and management program direction. (3) A procedure for protest and resolution. (d) A community college district may consider any of the following factors if adopting policies and procedures pursuant to subdivision (c): (1) The total cost to the community college district of its purchase, use, and consumption of equipment, supplies, and materials. (2) The operational cost or benefit incurred by the community college district as a result of a contract award. (3) The added value to the community college district, as defined in the request for proposal, of vendor-added services. (4) The quality and effectiveness of equipment, supplies, materials, and services. (5) The reliability of delivery and installation schedules. (6) The terms and conditions of product warranties and vendor guarantees. (7) The financial stability of the vendor. (8) The vendor’s quality assurance program. (9) The vendor’s experience with the provisions of equipment, supplies, materials, and services within the institutional marketplace. (10) The consistency of the vendor’s proposed equipment, supplies, materials, and services with the district’s overall supplies and materials procurement program. (11) The economic benefits to the local community, including, but not limited to, job creation and retention. (12) The environmental benefits to the local community. (e) A community college district awarding a contract under this section shall award a contract to the lowest responsible bidder whose proposal is determined, in writing by the community college district, to be the best value to the community college district based solely on the criteria set forth in the request for proposal. (f) The governing board of a community college district shall issue a written notice of intent to award supporting its contract award and stating in detail the basis of the award. The notice of the intent to award and the contract file must be sufficient to satisfy an external audit. (g) The governing board of a community college district shall publicly announce its award, identifying the bidder to which the award is made, the price proposal of the contractor awarded the contract, and the overall combined rating on the request for proposal evaluation factors. The announcement shall also include the ranking of the contractor awarded the contract in relation to all other responsive bidders and their respective price proposals and summary of the rationale for the contract award. (h) The community college district shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination, as described in subdivision (e) of Section 12751.3 of the Public Utilities Code, in the award and performance of contracts does not occur. (Amended by Stats. 2018, Ch. 725, Sec. 2. (AB 3186) Effective January 1, 2019.)
  175. 20652.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district board may, under specified conditions, approve certain equipment and property leases or purchases without bidding.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20652. Notwithstanding any other provisions of Sections 81640 to 81654, inclusive, of the Education Code, or of Sections 20651 to 20659, inclusive, of this code, the governing board of any community college district without advertising for bids, and when that board has determined it to be in the best interests of the district, may authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district, to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district in the manner in which the public corporation or agency is authorized by law to make the leases or purchases. Upon receipt of any such personal property, provided the property complies with the specifications set forth in the contract, lease, requisition, or purchase order, the community college district may draw a warrant in favor of the public corporation or agency for the amount of the approved invoice, including the reasonable costs to the public corporation or agency for furnishing the services incidental to the lease or purchase of the personal property. Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of the personal property, a community college district may authorize the lease or purchase of the personal property directly from the vendor by contract, lease, requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract. (Amended by Stats. 2013, Ch. 726, Sec. 1. (SB 681) Effective January 1, 2014.)
  176. 20653.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district governing board is allowed to buy materials, equipment, or supplies through the Department of General Services under Government Code Section 14814.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20653. Nothing in this code shall preclude the governing board of any community college district from purchasing materials, equipment or supplies through the Department of General Services pursuant to Section 14814 of the Government Code. (Added by Stats. 1983, Ch. 256, Sec. 84.)
  177. 20653.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district governing board may buy materials, equipment, supplies, or services on the same terms and conditions as a contract awarded by the University of California or the California State University.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20653.5. Nothing in this code shall preclude the governing board of a community college district from purchasing materials, equipment, supplies, or services under the same terms and conditions as are specified in a contract lawfully awarded by the University of California or the California State University. (Added by Stats. 2015, Ch. 366, Sec. 3. (AB 653) Effective January 1, 2016.)
  178. 20654.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    In an emergency, the board may, with unanimous vote and the county superintendent’s approval, contract for labor, materials, or supplies without bidding, or authorize day labor or force account.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20654. (a) In an emergency when any repairs, alterations, work, or improvement is necessary to any facility of the college, or to permit the continuance of existing college classes, or to avoid danger to life or property, the board may by unanimous vote, with the approval of the county superintendent of schools, do either of the following: (1) Make a contract in writing or otherwise on behalf of the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids. (2) Notwithstanding Section 20655, authorize the use of day labor or force account for the purpose. (b) Nothing in this section shall eliminate the need for any bonds or security otherwise required by law. (Amended by Stats. 1995, Ch. 897, Sec. 7. Effective January 1, 1996.)
  179. 20655.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district governing board may do certain repair, maintenance, and building work by day labor or force account, but only within stated hour and cost limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20655. (a) In each community college district, the governing board may make repairs, alterations, additions, or painting, repainting, or decorating upon school buildings, repair or build apparatus or equipment, make improvements on the school grounds, erect new buildings, and perform maintenance as defined in Section 20656 by day labor, or by force account, whenever the total number of hours on the job does not exceed 350 hours. Moreover, in any district whose number of full-time equivalent students is 15,000 or greater, the governing board may, in addition, make repairs to school buildings, grounds, apparatus, or equipment, including painting or repainting, and perform maintenance, as defined in Section 20656, by day labor or by force account whenever the total number of hours on the job does not exceed 750 hours, or when the cost of materials does not exceed twenty-one thousand dollars ($21,000). (b) For purposes of this section, day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Amended by Stats. 1995, Ch. 897, Sec. 8. Effective January 1, 1996.)
  180. 20656.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    This section defines “maintenance” and “facility” for Section 20655.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20656. For purposes of Section 20655, “maintenance” means routine, recurring, and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it was designed, improved, constructed, altered or repaired. “Facility” means any plant, building, structure, ground facility, utility system, or real property. This definition of “maintenance” expressly includes, but is not limited to: carpentry, electrical, plumbing, glazing, and other craft work designed consistent with the definition set forth above to preserve the facility in a safe, efficient, and continually usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. This definition does not include, among other types of work, janitorial or custodial services and protection of the sort provided by guards or other security forces. It is the intent of the Legislature that this definition does not include painting, repainting, or decorating other than touchup, but instead it is the intent of the Legislature that such activities be controlled directly by the provisions of Section 20655. (Added by Stats. 1983, Ch. 256, Sec. 84.)
  181. 20657.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    The district must keep project cost records for at least three years after completion, and the board must publish an annual notice inviting contractors to register for future informal bidding projects.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20657. It shall be unlawful to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading the provisions of this article requiring contracting after competitive bidding. The district shall maintain job orders or similar records indicating the total cost expended on each project in accordance with the procedures established in the most recent edition of the California Community College Budget and Accounting Manual for a period of not less than three years after completion of the project. Informal bidding may be used on work, projects, services, or purchases that cost up to the limits set forth in this article. For the purpose of securing informal bids, the board shall publish annually in a newspaper of general circulation published in the district, or if there is no such newspaper, then in some newspaper in general circulation in the county, a notice inviting contractors to register to be notified of future informal bidding projects. All contractors included on the informal bidding list shall be given notice of all informal bid projects, in any manner as the district deems appropriate. (Amended by Stats. 1995, Ch. 897, Sec. 9. Effective January 1, 1996.)
  182. 20658.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district governing board may authorize its superintendent, or a designee, to spend up to $250 per transaction for specified work, employee or consultant compensation, and equipment or supplies. Board ratification is not required for transactions made under this section.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20658. The governing board of any community college district may by majority vote authorize its district superintendent, or such person as he or she may designate, to expend up to two hundred fifty dollars ($250) per transaction for work done, compensation for employees or consultants, and purchases of equipment, supplies, or materials. Ratification by the governing board shall not be required with respect to transactions entered into pursuant to this section. In the event of malfeasance in office, the district official invested by the governing board with authority to act under this section shall be personally liable for any and all moneys of the district paid out as a result of such malfeasance. (Added by Stats. 1983, Ch. 256, Sec. 84.)
  183. 20659.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    If a community college district board orders a contract change, it must be put in writing and the cost agreed upon with the contractor. The board may let the contractor proceed without bids if the agreed cost stays within the stated threshold.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20659. If any change or alteration of a contract governed by the provisions of this article is ordered by the governing board of the community college district, such change or alteration shall be specified in writing and the cost agreed upon between the governing board and the contractor. The board may authorize the contractor to proceed with performance of the change or alteration without the formality of securing bids, if the cost so agreed upon does not exceed the greater of: (a) The amount specified in Section 20651 or 20655, whichever is applicable to the original contract; or (b) Ten percent of the original contract price. (Added by Stats. 1983, Ch. 256, Sec. 84.)
  184. 20660.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    A community college district may buy perishable food and seasonal commodities for cafeteria and food service operations if the district’s governing board has adopted purchase rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20660. Perishable food stuffs and seasonal commodities needed in the operation of cafeterias and food services may be purchased by a community college district in accordance with rules and regulations for the purchase adopted by the governing board of that district, notwithstanding any provisions of this code in conflict with the rules and regulations. (Added by Stats. 1990, Ch. 1372, Sec. 707.)
  185. 20661.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. )

    Verify source ↗

    The Chancellor may contract for one or more community college districts, but districts cannot be forced to join, the contract must be cheaper than standard contracting, the state bears no financial responsibility, and the Board of Governors must adopt implementing regulations.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41. Community College Districts [20650 - 20662] ( Heading of Article 41 amended by Stats. 1984, Ch. 1128, Sec. 49. ) ## 20661. (a) The Chancellor of the California Community Colleges is authorized to enter into a contract on behalf of one or more community college districts, subject to the following restrictions: (1) No district may be required to participate in any contract entered into pursuant to this section. (2) The cost to each district that is a party to or a beneficiary of a contract entered into pursuant to this section must be lower than the cost the district could obtain through its standard contracting procedures. No contract for the procurement of goods or services may be made when a bid has been received by a participating district for the procurement of the same goods or services unless the contract would result in a lower price for the goods or services upon the same terms, conditions, and specifications. (3) The state shall not incur any financial responsibility in connection with a contract entered into pursuant to this section. (b) The Chancellor of the California Community Colleges is authorized to charge a fee, commission, or other charge to either or both of the following: (1) Each provider of goods or services under a contract entered into pursuant to this section. (2) Each community college district that the chancellor enters into a contract on behalf of pursuant to this section. (c) On or before January 1, 2001, the Chancellor of the California Community Colleges shall report to the Legislature and the Governor on contracts entered into pursuant to this section and any resultant cost savings. (d) The Board of Governors of the California Community Colleges shall adopt regulations to implement this section. (Added by Stats. 1998, Ch. 1023, Sec. 6. Effective January 1, 1999.)
  186. 20665.20.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

    Verify source ↗

    This section states that job order contracting is an optional bidding procedure for public works projects in community college districts, and notes a repeal date of January 1, 2027.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.20. The Legislature finds and declares all of the following: (a) It is the intent of the Legislature, in enacting this article, to demonstrate an alternative and optional procedure for bidding of public works projects that is applicable only to community college districts. The Legislature has previously authorized the use of this alternative and optional procedure only for school districts. (b) Districts should be able to utilize cost-effective options for the delivery of public works projects, in accordance with the national trend, which include authorizations in California, to allow public entities to utilize job order contracts as a project delivery method. (c) The benefits of a job order contract project delivery system include accelerated completion of the projects, cost savings, and reduction of construction contracting complexity for the district. (d) The job order contracting approach should be used for the purposes of reducing project cost and expediting project completion. (e) The availability of job order contracting as a project delivery method will not preclude the use of traditional methods of project delivery if a traditional method results in higher cost savings. (f) It is the intent of the Legislature that job order contracts be competitively bid and awarded to the bidders providing the most qualified responsive bids. It is further the intent of the Legislature that districts use the job order contract process pursuant to this article only if the district has entered into a project labor agreement that meets the requirements of Section 2500 for all its public works projects. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  187. 20665.21.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

    Verify source ↗

    This section defines terms used for job order contracting by community college districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.21. As used in this article: (a) “Adjustment factor” means the job order contractor’s competitively bid adjustment to the community college district’s prices as published in the unit price catalog. (b) “Indefinite quantity” means one or more of the construction tasks listed in the unit price catalog. (c) “Job order” means a firm, fixed priced, lump-sum order issued by the school district to a job order contractor for a definite project scope of work as compiled from the unit price catalog to be performed pursuant to a job order contract. (d) “Job order contract” means a contract, awarded to a most qualified bidder as described in paragraph (1) of subdivision (b) of Section 20665.24, between the community college district and a licensed, bonded, and general liability insured contractor in which the contractor agrees to a fixed period, fixed-unit price, and indefinite quantity contract that provides for the use of job orders for public works or maintenance projects. (e) “Job order contract technical specifications” means a book, published by the community college district, detailing the technical specifications with regard to quality of materials and workmanship to be used by the job order contractor in accomplishing the tasks listed in the unit price catalog. (f) “Job order contractor” means a licensed, bonded, and general liability insured contractor awarded a job order contract. (g) “Offer to perform work” means the job order contractor’s proposal for a specific job order. (h) “Plans and specifications” means the unit price catalog and the job order contract technical specifications. The scope of work to be performed with a job order contract is potentially, but not necessarily, all the tasks published in the unit price catalog. (i) “Project” means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. (j) “Project labor agreement” means an agreement that meets the requirements of Section 2500. (k) “Project scope of work” means the document and related drawings, specifications, and writings referenced therein which together set forth the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. (l) “Proposal” means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. The pricing of each task shall be accomplished by multiplying the construction task unit price by the proposed quantity and the contractor’s competitively bid adjustment factor. The proposal shall also contain a schedule for the completion of a specific project scope of work as requested by the community college district. The proposal may also contain approved drawings, work schedule, permits, or other documentation as the community college district may require for a specific job order. The proposal shall be certified as contract compliant by a reviewer independent of the contractor. (m) “Public works” has the same meaning as in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (n) “Public works project” has the same meaning as “public project,” as defined in Section 22002. (o) “Subcontractor” means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. (p) “Community college district” means any community college district. (q) “Unit price catalog” means a book containing specific construction tasks and the unit prices to install or demolish that construction. The listed tasks shall be based on generally accepted industry standards and information, where available, for various items of work to be performed by the job order contractor. The prices shall include the cost of materials, labor, and equipment for performing the items of work. The prices shall not include overhead and profit. All unit prices shall be developed using local prevailing wages. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  188. 20665.22.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

    Verify source ↗

    This section applies only to community college districts that choose job order contracting, and it lets them use that method as an alternative to other contracting procedures they are otherwise authorized or required to use.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.22. Provisions in this article only apply to community college districts that choose to utilize job order contracting. A community college district may utilize job order contracting, when permitted by this article, as an alternative to any contracting procedures that the community college district is otherwise authorized or required by law to use. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  189. 20665.23.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

    Verify source ↗

    A community college district may use job order contracting only if it has the required project labor agreement(s), and it must prepare and use project plans that show the work will reduce total cost. For contracts over $25,000, the awarded entity must commit to using a skilled and trained workforce, unless a qualifying project labor agreement already covers that requirement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.23. (a) A community college district may utilize job order contracting pursuant to this article only if the community college district has entered into a project labor agreement or agreements that will apply to all public works awarded through job order contracting and to all other public works of the community college district that exceed a monetary threshold set by the community college district until January 1, 2027, regardless of what contracting procedure is used to award that work. (b) A community college district shall prepare an execution plan for all modernization projects that may be eligible for job order contracting pursuant to this article. The community college district shall select from that plan a sufficient number of projects to be initiated as job order contracts during each calendar year and shall determine for each selected project that job order contracting will reduce the total cost of that project. Job order contracting shall not be used if the community college district finds that it will increase the total cost of the project. (c) (1) An entity awarded a job order contract in excess of twenty-five thousand dollars ($25,000) shall provide an enforceable commitment to the community college district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the job order contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1. (2) Paragraph (1) shall not apply if the job order contract is subject to a project labor agreement that will bind all contractors and subcontractors performing work on the job order contract to use a skilled and trained workforce to perform the job order contract. (Amended by Stats. 2021, Ch. 303, Sec. 1. (AB 846) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  190. 20665.24.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    Community college districts must prepare job order contract documents and a bid request, and may award multiple job order contracts to the most qualified prequalified bidders.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.24. Bidding for job order contracts shall progress as follows: (a) (1) A community college district shall prepare a set of documents for job order contracts. The documents shall include a unit price catalog and preestablished unit prices, job order contract technical specifications, and any other information deemed necessary to describe adequately the community college district’s needs. (2) Any architect, engineer, consultant, or contractor retained by the community college district to assist in the development of the job order contract documents shall not be eligible to bid or to participate in the preparation of a bid with any job order contractor. (b) Based on the documents prepared under subdivision (a), a community college district shall prepare a request for bid that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the community college district. (1) (A) The prequalified job order contractors, as determined by a community college district, shall bid one or more adjustment factors to the unit prices listed in the unit price catalog based on the job order contract technical specifications. Awards shall be made to the prequalified bidders that the community college district determines to be the most qualified based upon preestablished criteria made by a community college district. The prequalified bidders shall be in compliance with a community college district’s project labor agreement. (B) Compliance shall constitute no more than three major violations on any community college district projects within the last three years. If a contractor has more than three violations within a three-year period of time, the community college district shall seek administrative review of the violations. Violations will include, but are not limited to, the following: (i) Failure to register core workers with the appropriate building trade union. (ii) Failure to assign apprentices in accordance with Section 1777.5 of the Labor Code. (iii) Failure to comply with subdivision (c) of Section 20665.25. (iv) Incorrect assignment of work in accordance with the community college district’s project labor agreement. (2) The community college district may award multiple job order contracts through a request for bid. Job order contracts shall be awarded to the most qualified prequalified bidders described in this subdivision. (3) The request for bids may encourage the participation of local construction firms and the use of local subcontractors. (c) (1) A community college district shall establish a procedure to prequalify job order contractors using a standard questionnaire that includes, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. This questionnaire shall require information including, but not limited to, all of the following: (A) If the job order contractor is a partnership, limited partnership, or other association, a listing of all of the partners or association members known at the time of bid submission who will participate in the job order contract. (B) Evidence that the members of the job order contractor have the capacity to complete projects of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage the construction of the project, as well as a financial statement that assures the community college district that the job order contractor has the capacity to complete the project. (C) The licenses, registration, and credentials required to perform construction, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the job order contractor has the capacity to obtain all required payment and performance bonding and liability insurance. (E) Information concerning workers’ compensation experience history, worker safety programs, and apprenticeship programs. (F) A full disclosure regarding all of the following that are applicable: (i) Any serious or willful violation of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or the federal Occupational Safety and Health Act of 1970 (Public Law 91-596), settled against any member of the job order contractor. (ii) Any debarment, disqualification, or removal from a federal, state, or local government public works project. (iii) Any instance where the job order contractor, or its owners, officers, or managing employees submitted a bid on a public works project and were found to be nonresponsive, or were found by an awarding body not to be a responsible bidder. (iv) Any instance where the job order contractor, or its owners, officers, or managing employees defaulted on a construction contract. (v) Any violations of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations of federal or state law regarding the payment of wages, benefits, apprenticeship requirements, or personal income tax withholding, or of Federal Insurance Contribution Act (FICA) withholding requirements settled against any member of the job order contractor. (vi) Any bankruptcy or receivership of any member of the job order contractor, including, but not limited to, information concerning any work completed by a surety. (vii) Any settled adverse claims, disputes, or lawsuits between the owner of a public works project and any member of the job order contractor during the five years preceding submission of a bid under this article, in which the claim, settlement, or judgment exceeds fifty thousand dollars ($50,000). Information shall also be provided concerning any work completed by a surety during this period. (G) In the case of a partnership or any association that is not a legal entity, a copy of the agreement creating the partnership or association and specifying that all partners or association members agree to be fully liable for the performance under the job order contract. (2) The information required under this subdivision shall be verified under oath by the entity and its members in the manner in which civil pleadings in civil actions are verified. Information that is not a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. (Amended by Stats. 2022, Ch. 28, Sec. 131. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  191. 20665.25.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    This section limits the dollar amount and term of job order contracts for community college districts, requires notice before subcontractor changes, and bars splitting projects to avoid the cost limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.25. (a) The maximum total dollar amount that may be awarded under a single job order contract shall not exceed five million dollars ($5,000,000) in the first term of the job order contract and, if extended or renewed pursuant to subdivision (b), a maximum of ten million dollars ($10,000,000) over the subsequent two terms of the job order contract. (b) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. The term of the job order contract shall be for the contract term or whenever the maximum value of the contract is achieved, whichever is less. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the community college district and the job order contractor. (c) The community college district may issue job orders to the job order contractor that has been awarded the job order contract. The job order issued to the job order contractor shall not commence for seven days from the time the job order was issued and the job order contractor shall provide a minimum of seven days’ notice for the addition of any subcontractor or substitution of any subcontractor as described in subdivision (e) of Section 20665.26. The job order shall be based on a project scope of work prepared by the community college district as well as a proposal from the job order contractor who is awarded the job order contract. No single job order may exceed one million dollars ($1,000,000). (d) The amounts specified in subdivisions (a) and (c) shall be adjusted on January 1, 2018, as if this section was operative beginning January 1, 2004, to reflect the percentage change in the California Consumer Price Index, and shall be adjusted each January 1 thereafter to reflect the percentage change in the California Consumer Price Index. (e) It is unlawful to split or separate into smaller job orders any project for the purpose of evading the cost limitation provisions of this article. (f) All work performed under the job order contract shall be covered by a project labor agreement. (g) Any change or alteration to a job order shall be in compliance with Section 20118.4. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  192. 20665.26.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    This section requires job order contractors to verify subcontractor licenses and credentials, follow notice and bidding steps for certain subcontractors, and wait seven days before work starts after the subcontractor list notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.26. (a) All work bid under the job order contract shall comply with Chapter 4 (commencing with Section 4100) of Part 1 and is subject to all of the penalties and provisions set forth in that chapter. (b) For purposes of this article, if the primary job order contractor chooses to use subcontractors, the primary job order contractor is required to verify that the subcontractors possess the appropriate licenses and credentials required to perform construction. (c) Notwithstanding subdivision (a), the primary job order contractor may use subcontractors that are not listed at the time the job order is issued if the work to be performed under that job order is less than ten thousand dollars ($10,000). (d) If the primary job order contractor chooses to use a subcontractor that is not listed at the time of bid to perform work on a job order, all of the following apply: (1) The primary job order contractor shall provide public notice of the availability of work to be subcontracted by trade. The public notice shall include the scope of work; the project location; the name, address, and the telephone number of the primary job order contractor; and the closing date, time, and location for sealed bids to be submitted. (2) The primary job order contractor shall take sealed bids from the subcontractors solicited for the proposal. These bids shall be publicly opened at a prescribed time and place by the primary job order contractor. After the bids are opened, the job order contractor shall notify the community college district which subcontractor was selected. (3) The notification shall include every subcontractor for all tiers and shall establish the authorized subcontractor list for the job order. Work shall not commence prior to seven days’ notice of the established subcontractor list and the subsequent addition of any subcontractor to the job order. (4) The notification shall identify the scope of the work to be performed by each subcontractor to the job order, broken down by craft. If a subcontractor performs multiple crafts, the job order contractor shall identify the work of each craft to be performed. (e) If the primary job order contractor chooses to make a substitution to the subcontractor list, the primary job order contractor shall provide a minimum of seven days’ notice to the community college district along with justification as to the need for the substitution. The community college district may request a hearing to evaluate the substitution request, which shall be in accordance with Chapter 4 (commencing with Section 4100) of Part 1. (f) If the community college district determines that there has been a violation of Chapter 4 (commencing with Section 4100) of Part 1, including bid shopping by the primary job order contractor, the community college district may terminate the job order or the contractor may lose authorization to proceed with awarded work subject to the community college district’s administrative due process review, if that review is established pursuant to the community college district’s project labor agreement. If the community college district determines that a job order contractor has violated any provision set forth in Chapter 4 (commencing with Section 4100) of Part 1, the community college district may declare the contractor ineligible for future job orders and may result in a loss of prequalification status for a period of time to be determined by the community college district. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  193. 20665.27.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    Job order contracts must name who is responsible for Labor Code compliance, job order contractors must pay prevailing wages and related increases, and community college districts must appoint one monitor when requested.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.27. (a) A job order contract shall set forth in the general conditions of the job order contract the party or parties responsible for seeing that the provisions of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code are complied with. (b) For purposes of job order contracting, prevailing wages when required to be paid shall apply to all work ordered under the job order contract regardless of thresholds set forth in Section 1771.5 of the Labor Code. (c) The job order contractor shall pay the prevailing wage in effect at the time the job order is issued by the community college district and all increases as published by the Department of Industrial Relations for the term of the job order contract, including all overtime, holiday, and shift provisions published by the Department of Industrial Relations. (d) The community college district shall designate one individual to act as a monitor to inspect job sites for labor compliance violations at the request of the designated labor representative in its project labor agreement. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  194. 20665.28.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    A job order contractor or subcontractor commits a willful violation if it knew or should have known its public works obligations and deliberately failed to comply.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.28. A willful violation of Section 20665.26 occurs when the job order contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions. The community college district using job order contracting shall publish and distribute to the Labor Commissioner a list of all job order contractors or subcontractors who violate this provision and the community college district shall not award a job order contract or any future job orders under an existing job order contract to any contractor or subcontractor who violates this provision during the effective period of debarment of the contractor or subcontractor. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  195. 20665.29.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    For certain job order contracts involving apprentice labor, contractors must follow apprenticeship rules, submit job order award information before starting work, and ensure apprentices are paid and assigned according to the listed rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.29. For purposes of employment of apprentices on job order contracts, when the individual job order involves more than thirty thousand dollars ($30,000) or 20 working days, all general contractors or subcontractors shall at all times be in compliance with Section 1777.5 of the Labor Code and shall comply with the following: (a) Prior to commencing work on an individual job order, every contractor shall submit job order award information to an applicable apprenticeship program that can supply apprentices to the site of the job order. The information submitted shall include an estimate of the journeyman hours to be performed under the contract, the number of apprenticeships proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding agency if requested by the awarding agency. (b) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the job order may be no higher than the ratio stipulated in the apprenticeship standard under which the apprenticeship program operates where the job order contractor agrees to be bound by those standards but, except as otherwise provided in Section 1777.5 of the Labor Code, in no case shall the ratio be less than one hour of apprenticeship work for every five hours of journeyman work. (c) Every apprentice employed under the job order contract shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (d) Every apprentice employed under the job order contract shall be hired from the local joint labor management apprenticeship committee that has jurisdiction in the geographic area of the project. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  196. 20665.30.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    A job order contractor or subcontractor that knowingly violates apprentice-employment rules can be fined up to $100 per day; repeat violations within three years can lead to up to $300 per day plus loss of future job orders and a one-year bidding ban.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.30. A job order contractor or subcontractor that knowingly violates the provisions involving employment of apprentices shall forfeit as a civil penalty an amount not exceeding one hundred dollars ($100) for each full calendar day of noncompliance. The amount of this penalty shall be based on consideration of whether the violation was a good faith mistake due to inadvertence. A contractor or subcontractor that knowingly commits a second or subsequent violation of the provisions involving employment of apprentices within a three-year period where the noncompliance results in apprenticeship training not being provided as required, shall forfeit as a civil penalty a sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance and shall not be awarded any further job orders under the job order contract and shall be precluded for a period of one year from bidding on any future job order contracts. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  197. 20665.31.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    A community college district using job order contracting must prepare and document an independent estimate, get management approval before issuing a job order, and make job order records available for public review.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.31. In order to prevent fraud, waste, and abuse, a community college district adopting job order contracting shall do all of the following: (a) Prepare for each individual job order developed under a job order contract an independent community college district estimate. The estimate will be prepared prior to the receipt of the contractor’s offer to perform work and will be compared to the contractor’s proposed price to determine the reasonableness of that price before issuance of any job order. The basis for any adjustments to the community college district estimate is to be documented. If the contractor’s proposal for a given job order is found to be unreasonable, not cost effective, or undesirable, the community college district is under no obligation to issue the job order to the job order contractor, and may instead utilize any other available procurement procedures. (b) The community college district shall not issue a job order until the job order has been reviewed and approved by the appropriate level of management. (c) Once a job order has been issued, all documents pertaining to preparation and approval of the job order, including the independent community college district estimate, shall be available for public review. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  198. 20665.32.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    A community college district that uses job order contracting must also adopt a payment resolution process.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.32. A community college district that adopts the job order contracting process shall also adopt a payment resolution process which may include, but not be limited to, the convening of a payment resolution committee. (Added by Stats. 2017, Ch. 296, Sec. 1. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20665.33.)
  199. 20665.33.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. )

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    This article stays in effect only until January 1, 2027, and is repealed on that date.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 41.5. Job Order Contracting for Community College Districts [20665.20 - 20665.33] ( Article 41.5 added by Stats. 2017, Ch. 296, Sec. 1. ) ## 20665.33. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2021, Ch. 303, Sec. 2. (AB 846) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Termination date applies to Article 41.5, commencing with Section 20665.20.)
  200. 20670.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 42. Public Entities—Public Work and Public Purchases [20670 - 20676] ( Heading of Article 42 amended by Stats. 1984, Ch. 1128, Sec. 50. )

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    This article applies to contracts made by public entities under Division 5 of the Government Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 42. Public Entities—Public Work and Public Purchases [20670 - 20676] ( Heading of Article 42 amended by Stats. 1984, Ch. 1128, Sec. 50. ) ## 20670. The provisions of this article shall apply to contracts by public entities as provided for in Division 5 (commencing with Section 4000) of the Government Code. (Added by Stats. 1983, Ch. 256, Sec. 85.)

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