Public Contract Code — Part 6 | PCC — United States — California law | Esheria

Public Contract Code

Part 6 of 9 · provisions 1,001–1,200

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. 20671.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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 section defines “public leaseback,” “public entity,” “public leaseback corporation,” and “public 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 42. Public Entities—Public Work and Public Purchases [20670 - 20676] ( Heading of Article 42 amended by Stats. 1984, Ch. 1128, Sec. 50. ) ## 20671. As used in this chapter: (a) “Public leaseback” means any lease by a public entity, as lessee, of buildings, structures, or other facilities which are permanently attached to land, where the lease is between the public entity and a public leaseback corporation, as lessor, and the lease is executed before the buildings, structures, or facilities have been built. (b) “Public entity” means any city, charter city, city and county, county, district, public corporation, or political subdivision of the state. (c) “Public leaseback corporation” means any corporation or nonprofit corporation organized or controlled by a public entity which constructs or arranges for the construction of buildings, structures, or other facilities which are permanently attached to land for public leaseback. (d) “Public projects” means the construction of buildings, structures, or other facilities which are permanently attached to land. (Added by Stats. 1983, Ch. 256, Sec. 85.)
  2. 20672.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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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    A public leaseback corporation must use the lowest responsible bidder for public projects over $3,000, and the contract must require prevailing wages.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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. ) ## 20672. Any public project by a public leaseback corporation in excess of three thousand dollars ($3,000) shall be constructed under contract awarded to the lowest responsible bidder, and such contract shall require the payment of prevailing wages as determined by the public leaseback corporation in the manner and form provided in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (Added by Stats. 1983, Ch. 256, Sec. 85.)
  3. 20673.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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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    The public leaseback corporation must publish bid-opening notice once a week for two consecutive weeks in the required 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 42. Public Entities—Public Work and Public Purchases [20670 - 20676] ( Heading of Article 42 amended by Stats. 1984, Ch. 1128, Sec. 50. ) ## 20673. For the purpose of securing bids, the public leaseback corporation shall give notice of the time and place for opening bids to prospective bidders by publication once a week for two consecutive weeks in a newspaper of general circulation printed and published in the jurisdiction in which the land is located, or if located in more than one jurisdiction, in such a newspaper in a jurisdiction in which a major portion of the project is to be done. If there is no such newspaper, then publication shall be in a newspaper of general circulation circulating in the jurisdiction. (Added by Stats. 1983, Ch. 256, Sec. 85.)
  4. 20674.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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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    Bids for construction work must be sealed and include one approved form of bidder security. Bids may be withdrawn before the opening deadline, and unsuccessful bidders’ security must be returned promptly and within 60 days of award 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 42. Public Entities—Public Work and Public Purchases [20670 - 20676] ( Heading of Article 42 amended by Stats. 1984, Ch. 1128, Sec. 50. ) ## 20674. 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 public entity. (c) A certified check made payable to the public entity. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the public entity. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by written request for the withdrawal of the bid filed with the public leaseback corporation. The request shall be executed by the bidder or the bidder’s duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to submit a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. 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 public entity beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 43.)
  5. 20675.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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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    A public leaseback corporation may reject all bids and seek other bids if it thinks accepting the lowest responsible bid is not in the public entity’s best interests.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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. ) ## 20675. If the public leaseback corporation deems the acceptance of the lowest responsible bid is not in the best interests of the public entity the public leaseback corporation may reject all bids and advertise for other bids in the manner required by this chapter. (Added by Stats. 1983, Ch. 256, Sec. 85.)
  6. 20676.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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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    A contractor or mining operator generally may not sell sand, gravel, or other defined minerals to a local agency unless an exception applies or the seller certifies the minerals’ source under penalty of perjury.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, 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. ) ## 20676. A contractor or a mining operator shall not sell any sand, gravel, or other minerals, as defined in subdivision (c) of Section 10295.5, to a local agency, unless the operation is not subject to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code), or unless the contractor or mining operator certifies, under penalty of perjury, that the minerals are from a mining operation identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. (Repealed and added by Stats. 2006, Ch. 869, Sec. 7. Effective January 1, 2007.)
  7. 20680.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. )

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    This article applies to contracts made by community services districts, subject to the Community Services District Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. ) ## 20680. The provisions of this article shall apply to contracts by community services districts as provided for in the Community Services District Law pursuant to Division 3 (commencing with Section 61000) of the Government Code. (Added by Stats. 1983, Ch. 256, Sec. 86.)
  8. 20682.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. )

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    A district may buy construction materials and supplies in the open market if the cost is $25,000 or less; above that amount, it must use competitive bidding and award to the lowest responsible bidder 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 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. ) ## 20682. (a) A district may purchase materials and supplies for the construction or completion of any building, structure, or improvements in the open market when the cost does not exceed twenty-five thousand dollars ($25,000). (b) Contracts for materials and supplies for the construction or completion of any building, structure, or improvement, when the cost exceeds twenty-five thousand dollars ($25,000), shall be contracted for and let to the lowest responsible bidder after notice. If two or more bids are the same and the lowest, the district board may accept the one it chooses. (c) The district shall publish a notice inviting bids for any contract for which competitive bidding is required at least one time in a newspaper of general circulation in the district at least one week before the time specified for receiving bids. The notice inviting bids shall set a date for opening the bids and distinctly state the materials and supplies to be purchased. (d) If the general manager recommends and the board of directors determines that the publication of advertisements of the notice in trade journals and papers in lieu of publication pursuant to subdivision (c) will increase the number of business enterprises receiving that notice, the board of directors may by resolution declare that those notices shall be published in trade journals and papers at least 10 days prior to the time specified for receiving bids. (e) At its discretion, the board of directors may reject any bids presented and readvertise. (f) In the case of an emergency, the board of directors may act pursuant to Chapter 2.5 (commencing with Section 22050). (g) As an alternate to the procedures required by this section, a district may rely on the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division 2. (Repealed and added by Stats. 2005, Ch. 249, Sec. 5. Effective January 1, 2006.)
  9. 20682.5.

    ## 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 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. )

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    A district may do small construction work without bidding if the cost is $25,000 or less; above that amount, it must use competitive bidding and award to the lowest responsible bidder 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 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. ) ## 20682.5. (a) A district may construct or complete any building, structure, or improvement with its own forces or by contract without bidding when the cost does not exceed twenty-five thousand dollars ($25,000). (b) All contracts for the construction or completion of any building, structure, or improvement, when the cost exceeds twenty-five thousand dollars ($25,000), shall be contracted for and let to the lowest responsible bidder after notice. If two or more bids are the same and the lowest, the district board may accept the one it chooses. (c) The district shall publish a notice inviting bids for any contract for which competitive bidding is required at least one time in a newspaper of general circulation in the district at least 10 days before the time specified for receiving bids. The notice inviting bids shall set a date for opening the bids and distinctly state the work to be done. (d) If the general manager recommends and the board of directors determines that the publication of advertisements of the notice in trade journals and papers in lieu of publication pursuant to subdivision (c) will increase the number of business enterprises receiving that notice, the board of directors may by resolution declare that those notices shall be published in trade journals and papers at least 10 days prior to the time specified for receiving bids. (e) If plans and specifications are prepared describing the work, all bidders shall be afforded an opportunity to examine the plans and specifications, and the plans and specifications shall be attached to and become part of the contract, if one is awarded. (f) At its discretion, the board of directors may reject any bids presented and readvertise. (g) In the case of an emergency, the board of directors may act pursuant to Chapter 2.5 (commencing with Section 22050). (h) The board of directors may, subject to Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code, require the posting of those bonds it deems desirable as a condition to the filing of a bid or the letting of a contract. (i) The district shall keep cost records of the work in the manner provided in Chapter 1 (commencing with Section 4000) of Division 5 of Title 1 of the Government Code. (j) As an alternate to the procedures required by this section, a district may rely on the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division 2. (Amended by Stats. 2010, Ch. 697, Sec. 51. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  10. 20683.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. )

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    Construction bids must be submitted under sealed cover and include one allowed form of bidder’s security. If the award goes to the lowest bidder, the district must return the unsuccessful bidder’s security within a reasonable time and no later 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 43. Community Services Districts [20680 - 20683] ( Heading of Article 43 amended by Stats. 1984, Ch. 1128, Sec. 51. ) ## 20683. 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. (Added by renumbering Section 20685.5 by Stats. 2005, Ch. 249, Sec. 8. Effective January 1, 2006.)
  11. 20688.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. )

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    This article applies to contracts awarded by certain entities under Division 24 of the Health and Safety 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. ) ## 20688.1. The provisions of this article shall apply to contracts awarded by entities as provided in Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code. (Added by Stats. 1984, Ch. 1128, Sec. 51.5.)
  12. 20688.2.

    ## 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. )

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    The agency must use competitive bidding for qualifying grading, clearing, demolition, or construction work above the Section 20162 amount. If the work is at or below that amount, the agency may contract without bids and may prefer certain local residents or displaced 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. ) ## 20688.2. Any work of grading, clearing, demolition, or construction undertaken by the agency shall be done by contract after competitive bids if the cost of that work exceeds the amount specified in Section 20162, as that section presently exists or may be hereafter amended. With respect to work of grading, clearing, demolition, or construction that is not in excess of that amount, the agency may contract the work without competitive bids, and in contracting the work may give priority to the residents of the redevelopment project areas and to persons displaced from those areas as a result of redevelopment activities. (Amended by Stats. 2006, Ch. 538, Sec. 552. Effective January 1, 2007.)
  13. 20688.25.

    ## 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. )

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    Bids for construction work must be sealed and include bidder’s security, and an unsuccessful bidder’s security must be returned within a reasonable time and never 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. ) ## 20688.25. 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 local agency. (c) A certified check made payable to the local agency. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the agency. 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 local agency beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 45.)
  14. 20688.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. )

    Verify source ↗

    A qualifying redevelopment agency may use contracts to require certain property-related parties to give hiring and training preference to project-area residents. If a labor agreement limits hiring project-area residents, the labor organization must give those residents preference for entry and employment when otherwise qualified.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. ) ## 20688.3. (a) To the greatest extent feasible, opportunities for training and employment arising from any contract for work to be performed in connection with any redevelopment project shall be given to the lower income residents of the project area. (b) An agency with a resident population of less than 1,000 persons in its territorial jurisdiction, and with a secured assessed valuation of not more than thirty million dollars ($30,000,000) as shown on the 1978–79 assessment roll, may, by contract, obligate lessees and purchasers of real property acquired in a redevelopment project and owners of property improved as part of a redevelopment project to give preference to training and employment, in businesses to be conducted on the property, to residents of the project area upon such terms and conditions as may be mutually agreed upon. In the event that there is an agreement between the employer and a labor organization which restricts the employer’s ability to employ project area residents, then such labor organization shall give preference as to entry into the particular labor organization, and with respect to employment in a business on the property, to residents of the project area otherwise qualified. (Added by Stats. 1984, Ch. 1128, Sec. 51.5.)
  15. 20688.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. )

    Verify source ↗

    An agency must require each successful bidder to file approved 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 43.1. Redevelopment Agencies [20688.1 - 20688.4] ( Article 43.1 added by Stats. 1984, Ch. 1128, Sec. 51.5. ) ## 20688.4. An agency shall require each successful bidder to file with it good and sufficient bonds, to be approved by it. The bonds shall be conditioned upon the faithful performance of the contract and upon the payment of all claims for labor and material in connection with the contract. The bonds shall contain the terms and conditions set forth in Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code and are subject to the provisions of that chapter. (Amended by Stats. 2010, Ch. 697, Sec. 52. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  16. 20690.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    This article applies to contracts made by county harbor commissions under the referenced Harbors and Navigation Code 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 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20690. The provisions of this article shall apply to contracts by county harbor commissions as provided for in Division 7 (commencing with Section 4000) of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 87.)
  17. 20693.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    The commission may handle the improvement, development, or protection work in one contract, or split it into separate parts and contract for one or more of those parts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20693. The commission may do all the work of improvement, development, or protection under one contract, or it may segregate it into separate parts or divisions, and let contracts for any one or more separate parts or divisions. (Added by Stats. 1983, Ch. 256, Sec. 87.)
  18. 20694.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    Contracts for the work must be advertised for bids by publishing notice for at least 10 days in county daily newspapers, or by three publications in a weekly paper if no daily paper exists in the county.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20694. Each contract for doing any part of the work shall be let after advertisement for bids by publishing notice for at least 10 days in one or more daily newspapers published in the county. If there is no daily paper published in the county, notice shall be given by three publications in a weekly paper published therein. (Added by Stats. 1983, Ch. 256, Sec. 87.)
  19. 20694.5.

    ## 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 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    Construction bids must be sealed and include bidder security, and unsuccessful bidders’ security must be returned promptly 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 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20694.5. 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 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. 46.)
  20. 20695.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    Contracts must generally go to the lowest responsible bidder, and the bidder must provide required security. The commission must state the security in the bid advertisement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20695. Each contract shall be let to the lowest responsible bidder, who shall give such security as the commission requires for the full and faithful performance of the contract. The amount and kind of security required shall be stated in the advertisement for bids. The board may authorize the commission to make contracts without advertising for bids for any part of the work, the cost of which does not exceed five hundred dollars ($500). The commission may reject any and all bids, and readvertise for bids for doing the whole or any part of the work, or the commission may, with the approval of the board, purchase material, hire or purchase machinery, apparatus or appliances and employ labor and do the work or any part thereof without readvertising for bids. (Added by Stats. 1983, Ch. 256, Sec. 87.)
  21. 20696.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. )

    Verify source ↗

    Harbor improvements, development, or protection done under this article must be substantial and permanent.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 44. County Harbor Commissions [20690 - 20696] ( Heading of Article 44 amended by Stats. 1984, Ch. 1128, Sec. 52. ) ## 20696. All improvement, development or protection of any harbor done under this article shall be of a substantial and permanent character. (Added by Stats. 1983, Ch. 256, Sec. 87.)
  22. 20710.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 45. Harbor Improvement Districts [20710- 20710.] ( Heading of Article 45 amended by Stats. 1984, Ch. 1128, Sec. 53. )

    Verify source ↗

    This article applies to contracts made by harbor improvement districts, as provided in the Harbors and Navigation 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 45. Harbor Improvement Districts [20710- 20710.] ( Heading of Article 45 amended by Stats. 1984, Ch. 1128, Sec. 53. ) ## 20710. The provisions of this article shall apply to contracts by harbor improvement districts as provided for in Part 2 (commencing with Section 5800) of Division 8 of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 88.)
  23. 20720.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. )

    Verify source ↗

    This section says this article applies to contracts made by harbor districts, as provided in the Harbors and Navigation 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 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. ) ## 20720. The provisions of this article shall apply to contracts by harbor districts as provided for in Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 89.)
  24. 20723.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. )

    Verify source ↗

    Harbor district work over $5,000 must be competitively bid, with a higher $10,000 threshold for work that is solely new construction.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. ) ## 20723. All work authorized to be done under this article, exceeding in cost the sum of five thousand dollars ($5,000) shall be awarded upon competitive bidding, except that work consisting solely of new construction is required to be awarded upon competitive bidding only if it exceeds in cost the sum of ten thousand dollars ($10,000). Notice of the proposed letting of such a contract shall be given by advertisement for a period of two weeks or published pursuant to Section 6066 of the Government Code, in a newspaper of general circulation, published, printed, and circulated, in the district. The board may authorize additional publication in other newspapers of general circulation in the district when it deems that such publication would best serve the public interest. The contract shall be awarded to the lowest responsible bidder. The board may, without advertising for bids, negotiate with the government of the United States for the purpose of assisting the board in the performance of any of the work authorized by this article, and the board may contribute to the United States all or any portion of the estimated cost of any work authorized by this part which is to be done by or under contract with the United States. (Added by Stats. 1983, Ch. 256, Sec. 89.)
  25. 20724.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. )

    Verify source ↗

    Bids for construction work must be submitted in sealed form and include one of the listed bidder security forms. If a bid is unsuccessful, the district must return the security within a reasonable time and cannot 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 46. Harbor Districts [20720 - 20724] ( Heading of Article 46 amended by Stats. 1984, Ch. 1128, Sec. 54. ) ## 20724. 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. 47.)
  26. 20730.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. )

    Verify source ↗

    This section says the article applies to contracts made by small craft harbor districts, as provided in the Small Craft Harbor District Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. ) ## 20730. The provisions of this article shall apply to contracts by small craft harbor districts as provided for in the Small Craft Harbor District Law pursuant to Part 7 (commencing with Section 7000) of Division 8 of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 90.)
  27. 20736.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. )

    Verify source ↗

    This section generally requires qualifying construction to be competitively bid, with the board given specific exceptions and emergency powers.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. ) ## 20736. (a) All construction authorized under this article that exceeds two thousand five hundred dollars ($2,500) shall be awarded upon competitive bidding. Notice of the proposed letting of such a contract shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation in the district or, if there is none, of general circulation in the county, the first publication to be at least two weeks prior to the opening of bids. The notice inviting bids shall set a date for the opening of bids. The contract shall be awarded to the lowest responsible bidder. In its discretion, the board may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the board may accept the one it chooses. If no bids are received, the board may have the work done directly by purchasing the materials and hiring the labor. (b) If all bids are rejected, the board may adopt a resolution, by four-fifths vote, declaring that the work can be performed more economically by hiring day labor, or that the materials or supplies can be furnished at a lower price in the open market, and may have the work done in the manner stated in the resolution in order to take advantage of this lower cost. (c) If there is an emergency, the board may, by four-fifths vote adopt a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and expend any sum required in the emergency without submitting the expenditure to the bidding procedure set forth. If notice for bid to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (d) The board may negotiate with the government of the United States or any department or agency thereof, the state or any department or agency thereof, or any local public agency for the purpose of assisting the district in the performance of any of the work authorized by this article and, without advertising for bids, may cause the district to contribute to the United States, the State of California, or any local public agency all or any portion of the estimated cost of any work authorized by this article which is to be done by or under contract with the United States, the State of California, or any local public agency. (Amended by Stats. 2006, Ch. 643, Sec. 27. Effective January 1, 2007.)
  28. 20737.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. )

    Verify source ↗

    Construction bids must be sealed and include one approved bidder security form. If the low bid is awarded, the district must return an 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 47. Small Craft Harbor Districts [20730 - 20737] ( Heading of Article 47 amended by Stats. 1984, Ch. 1128, Sec. 55. ) ## 20737. 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. 48.)
  29. 20750.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    This section says the article applies to contracts made by port 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20750. The provisions of this article shall apply to contracts by port districts as provided in Part 4 (commencing with Section 6200) of Division 8 of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 91.)
  30. 20751.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    Certain port district contracts above stated dollar thresholds must go to competitive bidding, with notice published at least five days before bid opening and the award made to the lowest and best 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20751. Contracts for the doing of new construction work, the cost of which exceeds ten thousand dollars ($10,000), or the purchasing of supplies, the cost of which exceeds twenty-five thousand dollars ($25,000), or projects involving maintenance of buildings and improvements, the cost of which exceeds ten thousand dollars ($10,000), shall be let by the board upon competitive bidding. Notice of the proposed letting of contract shall be given by publication pursuant to Section 6061 of the Government Code in the county in which the district is located, at least five days before the time fixed for opening bids. Bidding shall be by sealed proposals filed with the district, upon forms furnished by it, and under such rules and regulations as the board may prescribe. All bids shall be publicly opened and declared under procedures established by the board, and the award of the contract shall be made in open session of the board to the lowest and best responsible bidder. (Amended by Stats. 1984, Ch. 1128, Sec. 56.5.)
  31. 20751.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    In an emergency, the board may approve emergency spending or contracts by a four-fifths vote, and it may do so without following the usual contract, bid, or notice rules. If no bid notice will be given, the board must also comply with Chapter 2.5.

    ## 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20751.1. In case of an emergency, the board may, by resolution passed by a four-fifths vote of all of its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend any sum or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bid to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 11. Effective January 1, 1995.)
  32. 20751.2.

    ## 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    The Ventura Port District board may award a dredging contract without competitive bidding if the contractor was selected through a federal competitive bidding process and the board makes written cost findings.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20751.2. Notwithstanding Section 20751, the board of the Ventura Port District may award a contract for the performance of dredging work within the district’s boundaries without competitive bidding, provided that both of the following apply: (a) The dredging contractor was selected through a federal competitive bidding process for a federal dredging project then underway in the County of Ventura. (b) The board makes written findings, based on substantial evidence in the record, that the contract awarded pursuant to this section is likely to cost less than a contract awarded pursuant to Section 20751. (Added by Stats. 2012, Ch. 51, Sec. 1. (AB 482) Effective January 1, 2013.)
  33. 20752.2.

    ## 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    Bids for construction work must be sealed and include one approved form of bidder security. If there is an award to the lowest bidder, the district must return an unsuccessful bidder’s security within a reasonable time and never keep it longer 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 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20752.2. Notwithstanding Section 20751, 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. 49.)
  34. 20753.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. )

    Verify source ↗

    The board may delegate contract execution to its officers for contracts under $25,000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 48. Port Districts [20750 - 20753] ( Heading of Article 48 amended by Stats. 1984, Ch. 1128, Sec. 56. ) ## 20753. The board may delegate to its officers the execution of contracts in which the amount involved is less than twenty-five thousand dollars ($25,000). (Amended by Stats. 1984, Ch. 8, Sec. 4. Effective February 8, 1984.)
  35. 20760.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. )

    Verify source ↗

    This section makes Article 49 apply to contracts by river port 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 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. ) ## 20760. The provisions of this article shall apply to contracts by river port districts as provided for in Part 6 (commencing with Section 6800) of Division 8 of the Harbors and Navigation Code. (Added by Stats. 1983, Ch. 256, Sec. 92.)
  36. 20761.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. )

    Verify source ↗

    The board must use competitive bidding for certain higher-value construction, supply, and maintenance contracts, give public notice before bid opening, and award the contract in open session to the lowest and best 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 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. ) ## 20761. Contracts for the doing of new construction work, the cost of which exceeds ten thousand dollars ($10,000), or the purchasing of supplies, the cost of which exceeds twenty-five thousand dollars ($25,000), or projects involving maintenance of buildings and improvements, the cost of which exceeds ten thousand dollars ($10,000), shall be let by the board upon competitive bidding. Notice of the proposed letting of a contract shall be given by publication pursuant to Section 6061 of the Government Code in the county in which the district is located, at least five days before the time fixed for opening bids. Bidding shall be by sealed proposals filed with the district upon forms furnished by it, and under such rules and regulations as the board may prescribe. All bids shall be publicly opened and declared under procedures established by the board, and the award of the contracts shall be made in open session of the board to the lowest and best responsible bidder. The board may reject any and all bids and readvertise in its discretion. (Amended by Stats. 1984, Ch. 1128, Sec. 57.5.)
  37. 20761.5.

    ## 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 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. )

    Verify source ↗

    Bids for construction work must be submitted under sealed cover and include one specified form of bidder’s security. If the lowest bid is awarded, an unsuccessful bidder’s security must be returned within a reasonable time and cannot be held by the district 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 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. ) ## 20761.5. Notwithstanding Section 20761, 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. 50.)
  38. 20762.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. )

    Verify source ↗

    In an emergency, the board may authorize spending district money on what is necessary to protect life, health, or property, if it approves a resolution by a four-fifths vote.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. ) ## 20762. In case of an emergency such as a fire, flood, storm, or other disaster, the board may, by resolution passed by the vote of four-fifths of all members, declaring that the public interest and necessity demand the immediate expenditure of district money to safeguard life, health, or property expend such sums as may be necessary in the emergency. (Added by Stats. 1983, Ch. 256, Sec. 92.)
  39. 20764.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. )

    Verify source ↗

    The board may delegate contract execution to its officers for contracts under $25,000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 49. River Port Districts [20760 - 20764] ( Heading of Article 49 amended by Stats. 1984, Ch. 1128, Sec. 57. ) ## 20764. The board may delegate to its officers the execution of contracts, in which the amount involved is less than twenty-five thousand dollars ($25,000). (Amended by Stats. 1984, Ch. 8, Sec. 6. Effective February 8, 1984.)
  40. 20780.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. )

    Verify source ↗

    This section says the article applies to contracts made by sanitation districts, as provided in the County Sanitation District Act.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. ) ## 20780. The provisions of this article shall apply to contracts by sanitation districts as provided for in the County Sanitation District Act pursuant to Division 5 (commencing with Section 4700) of the Health and Safety Code. (Added by Stats. 1983, Ch. 256, Sec. 93.)
  41. 20782.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. )

    Verify source ↗

    A district may enter and carry out agreements with public or private corporations or any person for joint construction, acquisition, disposition, or operation of property or works the district could itself handle.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. ) ## 20782. A district may make and perform any agreement with any public or private corporation of any kind or any person for the joint construction, acquisition, disposition, or operation of any property or works of a kind which might be constructed, acquired, disposed of, or operated by the district. (Added by Stats. 1983, Ch. 256, Sec. 93.)
  42. 20783.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. )

    Verify source ↗

    Sanitation district construction work is subject to bidding and notice rules, with limited exceptions for small force-account work and emergencies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. ) ## 20783. When work is done by the district itself by force account, the amount shall not exceed five thousand dollars ($5,000). When the expenditure required for the work exceeds thirty-five thousand dollars ($35,000), it shall be contracted for and let to the lowest responsible bidder after notice. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the district, or if there is none, it shall be posted in at least three public places in the district that have been designated by the district board as the places for posting this notice. The notice shall distinctly state the work to be done. In its discretion, the district board may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the district board may accept the one it chooses. If no bids are received, the district board may have the work done without further bid. If all bids are rejected, the district board, on a resolution adopted by a four-fifths vote, may declare that the work can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market and may have the work done in a manner stated in the resolution in order to take advantage of this lower cost. If there is a present or anticipated great public calamity, including an extraordinary fire, flood, storm, or other disaster the district board may, by resolution adopted by a four-fifths vote declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property, expend any sum required in the emergency without submitting the expenditure to bid. Cost records of the work shall be kept in the manner provided in Sections 4000 to 4007, inclusive, of the Government Code. This section shall not apply to sewerage maintenance, repair work, or to any uncompleted works under construction by district forces prior to the enactment of this section, and shall not be construed to exempt any work from Part 7 (commencing with Section 1720) of Division 2 of the Labor Code. (Amended by Stats. 1998, Ch. 142, Sec. 7. Effective January 1, 1999.)
  43. 20784.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. )

    Verify source ↗

    Bids for construction work must be submitted under sealed cover and include one approved form of bidder’s security. If a bidder loses, the district must return that bidder’s security within a reasonable time and cannot hold it longer 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 50. Sanitation Districts [20780 - 20784] ( Heading of Article 50 amended by Stats. 1984, Ch. 1128, Sec. 58. ) ## 20784. 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. 51.)
  44. 20790.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. )

    Verify source ↗

    This article applies to contracts made by sewer maintenance 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 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. ) ## 20790. The provisions of this article shall apply to contracts by sewer maintenance districts as provided for in the Sewer Maintenance District Act pursuant to Chapter 4 (commencing with Section 4860) of Part 3 of Division 5 of the Health and Safety Code. (Added by Stats. 1983, Ch. 256, Sec. 94.)
  45. 20791.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. )

    Verify source ↗

    For this chapter, “maintenance of sewers” includes extending and enlarging sewers within a 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 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. ) ## 20791. “Maintenance of sewers” as used in this chapter includes the extension and enlargement of sewers, within a district. (Added by Stats. 1983, Ch. 256, Sec. 94.)
  46. 20793.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. )

    Verify source ↗

    A district may enter contracts for sewer or sewage facilities with governments, public bodies, or private parties when its legislative body decides it is in the district’s best 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 51. Sewer Maintenance Districts [20790 - 20793] ( Heading of Article 51 amended by Stats. 1984, Ch. 1128, Sec. 59. ) ## 20793. The district may contract with the federal government of the United States or any branch thereof, or with any county, city and county, municipal corporation, district or other public corporation or with any person, firm or corporation, for the joint acquisition or construction or use of any sewer or sewers or other works or facilities for the handling, treatment, or disposal of sewage or industrial waste from the district and such other area as may be designated in said contract, when, in the judgment of the legislative body of said district, it is for the best interests of the district so to do. Any such contract may provide for the construction and maintenance of such sewer or sewers, or such other works or facilities, and for the payment by or for the parties thereto of such proportionate part of the cost of the acquisition, construction or maintenance of such sewer or sewers or other works or facilities as may be stated in said contract, the payments to be made at such times and in such amounts as may be provided by said contract. Any such contract may provide for the joint use of any sewer or sewers, works or facilities for the handling, treatment or disposal of sewage or industrial waste upon such terms and conditions as may be agreed upon by the parties thereto, and for the flowage, treatment or disposal of sewage or industrial waste from such area for each of the parties thereto as may be described in the contract. Any district which has acquired or constructed or which proposes to acquire or construct, any sewer or sewers, or works or other facilities for the handling, treatment or disposal of sewage or industrial waste, may contract with the federal government of the United States or any branch thereof, or with any county, city and county, municipal corporation, district or other public corporation or with any person, firm or corporation for the use of any such sewer or sewers, works or facilities by any such county, city and county, municipal corporation, district or other public corporation, or for the flowage, treatment or disposal of sewage or industrial waste from any area designated by such person, firm or corporation so contracting, upon such terms and conditions as may be provided in said contract. (Added by Stats. 1983, Ch. 256, Sec. 94.)
  47. 20800.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    This article applies to contracts made by sanitary districts under the Sanitary District Act of 1923.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20800. The provisions of this article shall apply to contracts by sanitary districts as provided in the Sanitary District Act of 1923 pursuant to Division 6 (commencing with Section 6400) of the Health and Safety Code. (Added by Stats. 1983, Ch. 256, Sec. 95.)
  48. 20801.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    This section defines “district project” for this article as certain sewer-facility work the district is authorized to do, including supplying materials or supplies for that 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 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20801. “District project,” as used in this article, means any construction, reconstruction, alteration, enlargement, renewal, or replacement of sewer facilities which the district is authorized to do, including, but not limited to, the furnishing of supplies or materials for any such work. (Added by Stats. 1983, Ch. 256, Sec. 95.)
  49. 20803.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    If a district project costs more than $15,000, it must be awarded to the lowest responsible bidder after notice, subject to Section 20805.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20803. When the expenditure required for a district project exceeds fifteen thousand dollars ($15,000), it shall be contracted for and let to the lowest responsible bidder after notice, subject to Section 20805. (Amended by Stats. 1998, Ch. 142, Sec. 8. Effective January 1, 1999.)
  50. 20804.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    A notice inviting bids must set the bid-opening date and be published or posted in the required way before bids are opened.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20804. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, circulated within the district, or if there is none, it shall be posted in at least three public places in the district that have been designated by resolution as the places for posting public notices. The notice shall distinctly state the project to be done. (Added by Stats. 1983, Ch. 256, Sec. 95.)
  51. 20804.5.

    ## 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 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    Construction bids must be sealed and include one listed form of bidder’s security. If an unsuccessful bidder’s security is held after award, the district must return it within a reasonable time and cannot 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 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20804.5. 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. 52.)
  52. 20805.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    The district board may reject bids and readvertise, choose among tied lowest bids, or proceed without further complying with this article if no bids are received.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20805. In its discretion, the district board may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the district board may accept the one it chooses. If no bids are received the district board may have the project done without further complying with this article. (Added by Stats. 1983, Ch. 256, Sec. 95.)
  53. 20806.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. )

    Verify source ↗

    In an emergency, the district board may adopt a four-fifths-vote resolution to authorize immediate emergency spending, and it may spend what is needed without following 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 52. Sanitary Districts [20800 - 20806] ( Heading of Article 52 amended by Stats. 1984, Ch. 1128, Sec. 60. ) ## 20806. If there is an emergency, or if it is necessary to do emergency work to prepare for national or local defense, the district board may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of district funds to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this article. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 12. Effective January 1, 1995.)
  54. 20810.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. )

    Verify source ↗

    This section says the article applies to contracts made by fire protection districts under the Fire Protection District Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. ) ## 20810. The provisions of this article shall apply to contracts by fire protection districts as provided for in the Fire Protection District Law pursuant to Division 12 (commencing with Section 13000) of the Health and Safety Code. (Added by Stats. 1983, Ch. 256, Sec. 96.)
  55. 20811.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. )

    Verify source ↗

    A district may contract with another public agency for specified emergency services if the district board decides doing so 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 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. ) ## 20811. When a district board determines that it is in the public interest, a district may contract with any other public agency for fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, and any other emergency services for the protection of lives and property. (Added by Stats. 1987, Ch. 1013, Sec. 12.)
  56. 20812.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. )

    Verify source ↗

    A district board may contract for special services, but the provider must be suitably qualified. Budget and bid rules apply for certain districts and larger service 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 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. ) ## 20812. (a) A district board may contract for special services. These contracts shall be with persons specially trained, experienced, expert, and competent to perform the special services. The special services shall be limited to the fields of accounting, administration, ambulance, architecture, custodial, economics, engineering, finance, insurance, labor relations, law, maintenance, mechanics, medicine, planning, science, technology, and other services which are incidental to the operation of the district. (b) In the case of a district which has a final budget in excess of one million dollars ($1,000,000), the district shall follow the contracting and purchasing procedures which apply to the county government of its principal county or the procedures in subdivision (c). (c) In the case of a district which has a final budget less than one million dollars ($1,000,000), the district shall follow the procedures of this subdivision. (1) When the expenditure required for the service contract exceeds twenty-five thousand dollars ($25,000), it shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the district board may accept the one it chooses. (2) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the district, or if there is none, it shall be posted in at least three public places in the district. The notice shall distinctly state the service to be performed. (3) The district board may reject any bids. If the district board rejects all bids, it may either readvertise or adopt a resolution, by two-thirds vote, declaring that the service can be performed more economically by the district’s employees or obtained at a lower price in the open market. Upon adoption of the resolution, the district board may undertake the service contract without further complying with this section. (4) If no bids are received, the district board may undertake the service contract without further complying with this section. (5) In the case of an emergency, the district board shall respond to the emergency pursuant to Chapter 2.5 (commencing with Section 22050) if notice for bids to let contracts will not be given. (Amended by Stats. 2006, Ch. 261, Sec. 1. Effective January 1, 2007.)
  57. 20813.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. )

    Verify source ↗

    Fire protection district construction contracts over $10,000 must be awarded to the lowest responsible bidder after notice, with specific notice and bidding 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 53. Fire Protection Districts [20810 - 20813] ( Heading of Article 53 amended by Stats. 1984, Ch. 1128, Sec. 61. ) ## 20813. (a) All contracts for the construction or completion of any building, structure, or improvement, when the expenditure required for the work exceeds ten thousand dollars ($10,000), shall be contracted for and let to the lowest responsible bidder after notice. If two or more bids are the same and the lowest, the district board may accept the one it chooses. (b) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation in the district, or if there is none, it shall be posted in at least three public places in the district. The notice shall distinctly state the work to be done. (c) In its discretion, the district board may reject any bids presented and readvertise. (d) In the case of an emergency, the district board may act pursuant to Chapter 2.5 (commencing with Section 22050). (e) The district board may, subject to the provisions of Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code, require the posting of those bonds it deems desirable as a condition to the filing of a bid or the letting of a contract. (f) Cost records of the work shall be kept in the manner provided in Chapter 1 (commencing with Section 4000) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2010, Ch. 697, Sec. 53. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  58. 20815.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. )

    Verify source ↗

    This article applies to contracts made by recreation and park districts, subject to the Recreation and Park District Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. ) ## 20815. The provisions of this article shall apply to contracts by recreation and park districts as provided in the Recreation and Park District Law, Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code. (Added by Stats. 2001, Ch. 15, Sec. 2. Effective January 1, 2002.)
  59. 20815.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. )

    Verify source ↗

    District contracts over $25,000 for certain construction, repair, and supply work must go to the lowest responsible bidder after competitive bidding; smaller materials-and-supplies purchases may be made on the open market without 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 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. ) ## 20815.1. (a) All contracts for new construction estimated to cost in excess of twenty-five thousand dollars ($25,000) shall be let to the lowest responsible bidder after competitive bidding. (b) All contracts for alterations, maintenance, or repairs estimated to cost in excess of twenty-five thousand dollars ($25,000) shall be let to the lowest responsible bidder after competitive bidding. (c) All contracts for materials and supplies not related to new construction, alterations, maintenance, or repairs estimated to cost in excess of twenty-five thousand dollars ($25,000) shall be let to the lowest responsible bidder after competitive bidding. (d) A district may purchase in the open market without calling for bids, materials and supplies estimated to cost less than twenty-five thousand dollars ($25,000) for use in the work either under contract or by force account. (Added by Stats. 2001, Ch. 15, Sec. 2. Effective January 1, 2002.)
  60. 20815.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. )

    Verify source ↗

    A district must publish bid notices at least one week before bids are due and state the work clearly; the board of directors has several discretionary bidding powers, and the district must keep cost records.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. ) ## 20815.3. (a) A district shall publish notice inviting bids for any contract for which competitive bidding is required at least one time in a newspaper of general circulation in the district at least one week before the time specified for receiving bids. The notice shall distinctly state the work to be done. (b) In its discretion, the board of directors may do any of the following: (1) Reject all bids and readvertise. (2) By a four-fifths vote, elect to purchase the materials or supplies in the open market. (3) By a four-fifths vote, elect to construct the building, structure, or improvement by force account. (c) In the case of an emergency, the board of directors may act pursuant to Chapter 2.5 (commencing with Section 22050). (d) The board of directors may, subject to the provisions of Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code, require the posting of those bonds it deems as a condition to the filing of a bid or the letting of a contract. (e) The district shall keep cost records of the work pursuant to Chapter 1 (commencing with Section 4000) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2010, Ch. 697, Sec. 54. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  61. 20815.5.

    ## 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 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. )

    Verify source ↗

    A district may use the Uniform Public Construction Cost Accounting Act, even though Sections 20815.1 and 20815.3 apply.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 53.5. Recreation and Park Districts [20815 - 20815.5] ( Article 53.5 added by Stats. 2001, Ch. 15, Sec. 2. ) ## 20815.5. Notwithstanding Sections 20815.1 and 20815.3, a district may use the provisions of the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000). (Added by Stats. 2001, Ch. 15, Sec. 2. Effective January 1, 2002.)
  62. 20820.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. )

    Verify source ↗

    This section says the article applies to contracts by public entities under the Community Facilities Law of 1911.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. ) ## 20820. The provisions of this article shall apply to contracts by public entities as provided for in the Community Facilities Law of 1911 pursuant to Chapter 1 (commencing with Section 4600) of Part 3 of Division 5 of the Health and Safety Code. (Added by Stats. 1983, Ch. 256, Sec. 97.)
  63. 20823.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. )

    Verify source ↗

    A city may let construction contracts for improvements, and may acquire property needed for an improvement by purchase, gift, eminent domain, or other means.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. ) ## 20823. Any contract for the construction of any improvement may be let and entered into as other contracts for similar work are let and entered into by the city. If the improvement includes the acquisition of any property, the city may acquire such property by purchase, gift, eminent domain, or otherwise. (Added by Stats. 1983, Ch. 256, Sec. 97.)
  64. 20824.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. )

    Verify source ↗

    The city may do the improvement work itself, including buying materials and hiring labor, instead of letting 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 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. ) ## 20824. Instead of letting contracts for the improvement, the city may itself construct or complete the improvement, and buy the necessary materials, and employ the necessary labor. (Added by Stats. 1983, Ch. 256, Sec. 97.)
  65. 20826.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. )

    Verify source ↗

    A city may enter contracts for joint acquisition, construction, use, maintenance, and related services for an improvement, if the city’s governing body decides it is in the district’s best interests.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 54. Public Entities—Community Facilities Law of 1911 [20820 - 20826] ( Heading of Article 54 amended by Stats. 1984, Ch. 1128, Sec. 62. ) ## 20826. The city may contract with the federal government of the United States or any branch of it, or with any county, city and county, municipal corporation, district, or other public corporation, or with any person, firm, or corporation, for the joint acquisition or construction or use of any improvement to serve the district and such other area as may be designated in the contract, when, in the judgment of the governing body of the city, it is for the best interests of the district so to do. Any such contract may provide for the acquisition, construction, or maintenance of such improvement and for the payment by or for the parties to the contract of such proportionate part of the cost of such acquisition, construction, or maintenance as may be stated in the contract. The payments shall be made at such times and in such amounts as may be provided by said contract. Any such contract may provide for the joint use of any improvement upon such terms and conditions as may be agreed upon by the parties to the contract, and for the flowage, treatment, or disposal of sewage, industrial waste, surface water, or storm water from such area for each of the parties to the contract as may be described in the contract. Any city which has acquired or constructed, or which proposes to acquire or construct, any improvement for the benefit of a district may contract with the federal government of the United States or any branch of it, or with any county, city and county, municipal corporation, district, or other public corporation, or with any person, firm, or corporation for the use of any such improvement by any such county, city and county, municipal corporation, district, or other public corporation, or for the flowage, treatment or disposal of sewage, industrial waste, surface water, or storm water from any area designated by such person, firm, or corporation so contracting, upon such terms and conditions as may be provided in the contract. (Added by Stats. 1983, Ch. 256, Sec. 97.)
  66. 20830.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. )

    Verify source ↗

    This section says the article applies to contracts made by highway lighting 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 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. ) ## 20830. The provisions of this article shall apply to contracts by highway lighting districts as provided for in the Highway Lighting District Act pursuant to Part 4 (commencing with Section 19000) of Division 14 of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 98.)
  67. 20832.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. )

    Verify source ↗

    The governing body of a lighting district must solicit bids within 10 days after the district is established, award the contract to the lowest responsible bidder, keep rates within lawful limits, and use a contract term of at least three years with automatic one-year renewals.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. ) ## 20832. Within 10 days after the establishment of the district, the governing body shall advertise for bids for installing and maintaining the system and for servicing the same. The contract shall be awarded to the lowest responsible bidder. However, the rates to be paid shall not exceed the lawful rates applicable for the particular class of service and when necessary shall be those authorized by the Public Utilities Commission of the State of California. 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 sixty (60) days’ written notice prior to the expiration date of the original term or any extended term. The governing body shall reserve the right to abrogate the contract whenever service is offered to be supplied at two-thirds of the fixed contract price. No advertising for bids or awarding of the contract based thereon shall be required when the proposed contract includes the furnishing of electric energy, and the entire area of the district is served, or will be so served, by a single public utility whose rates are subject to regulation by the Public Utilities Commission. (Added by Stats. 1983, Ch. 256, Sec. 98.)
  68. 20832.5.

    ## 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 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. )

    Verify source ↗

    Bids for construction work must be submitted under sealed cover and include bidder’s security. Unsuccessful bidders’ security must be returned after award to the lowest bidder and cannot be held 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 55. Highway Lighting Districts [20830 - 20832.5] ( Heading of Article 55 amended by Stats. 1984, Ch. 1128, Sec. 63. ) ## 20832.5. 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. 53.)
  69. 20840.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. )

    Verify source ↗

    This section says the article applies to contracts by maintenance districts under the Improvement Act of 1911.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. ) ## 20840. The provisions of this article shall apply to contracts by maintenance districts as provided for in the Improvement Act of 1911 pursuant to Division 7 (commencing with Section 5000) of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 99.)
  70. 20842.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. )

    Verify source ↗

    Local agency contracts must go to the lowest responsible bidder, and the board must advertise for bids before making 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 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. ) ## 20842. All contracts shall be let to the lowest responsible bidder. The board shall advertise for two or more days in a newspaper of general circulation published in the county, inviting bids for furnishing labor, material or supplies before any contract is made therefor. The board may require such bonds as it may deem adequate from the successful bidder to secure the faithful performance of the contract and the payment of all claims for labor and materials, and may reject any and all bids. In an emergency, work found by a four-fifths vote of the board to be necessary to protect life or property from impending flood damage may be done by negotiated contract without advertising for bids therefor. (Added by Stats. 1983, Ch. 256, Sec. 99.)
  71. 20843.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. )

    Verify source ↗

    Lighting-service contracts in a maintenance district must go to the lowest responsible bidder, with rates capped by lawful rates, a minimum three-year term, automatic one-year extensions, and a 60-day written termination option before term end.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. ) ## 20843. A contract for installing, maintaining and servicing a system of lights in any maintenance district shall be awarded to the lowest responsible bidder. However, the rates to be paid shall not exceed the lawful rates applicable for the particular class of service and when necessary shall be those authorized by the Public Utilities Commission of the State of California. 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 maintenance 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. The board of supervisors shall reserve the right to abrogate the contract whenever service is offered to be supplied at two-thirds of the fixed contract price. (Added by Stats. 1983, Ch. 256, Sec. 99.)
  72. 20843.5.

    ## 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 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. )

    Verify source ↗

    Bids for construction work must be sealed and include one of the listed forms of bidder security. If a lowest bidder is awarded the work, the district must return an unsuccessful bidder’s security within a reasonable time and never keep it longer 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 56. Maintenance Districts—Improvement Act of 1911 [20840 - 20843.5] ( Heading of Article 56 amended by Stats. 1984, Ch. 1128, Sec. 64. ) ## 20843.5. 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. 54.)
  73. 20850.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    This section says the article applies to contracts by public entities under the Improvement Act of 1911.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20850. The provisions of this article shall apply to contracts by public entities as provided for in the Improvement Act of 1911 pursuant to Division 7 (commencing with Section 5000) of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  74. 20852.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    The superintendent of streets must advertise for bids for the roadbed improvement, and the legislative body must award the contract to the lowest regular 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20852. The superintendent of streets shall advertise for bids for the improvement of the roadbed pursuant to Section 6764 of the Streets and Highways Code. The legislative body shall award the contract for the making of the improvements to the lowest regular responsible bidder. The bidding and awarding of contracts shall be made in the manner provided in Part 3 (commencing with Section 5100) of Division 7 of the Streets and Highways Code for the awarding of contracts for improvements except that no notice of award shall be published. (Amended by Stats. 1986, Ch. 195, Sec. 113.)
  75. 20853.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    The superintendent of streets must make the contract immediately after the contract is awarded, and the contractor must execute bonds as required by Section 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20853. Immediately upon the award of the contract, the superintendent of streets shall enter into a contract with the person to whom the contract was awarded for making the improvements upon the portions of the streets described in the notice inviting bids, and at the price stated in the bid. The contractor shall execute bonds in the manner required by Section 20426. (Amended by Stats. 2006, Ch. 538, Sec. 553. Effective January 1, 2007.)
  76. 20854.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    After the work is completed and accepted, the street superintendent must prepare a completion certificate and statement of amount due, the mayor must countersign it, and it must be recorded; then the contractor is entitled to payment of the full 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20854. Upon the completion of the work and its acceptance, the street superintendent shall make a certificate of completion, together with a statement of the amount due under the terms of the contract for the performance of the work. The certificate shall be countersigned by the mayor and shall be recorded in the office of the superintendent of streets. The contractor thereupon shall be entitled to payment of the full amount of the contract price, and the recording of such certificate shall be sufficient notice to the owner of such track or tracks that the contract price is due and payable. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  77. 20855.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    If a contract price is unpaid within 30 days after the certificate is recorded, the contractor may file a sworn statement with the superintendent of streets; the superintendent must record it, and the contractor then gets a cause of action and a first lien.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20855. If the contract price is not paid within 30 days from the date of the recording of the certificate, the contractor may file a sworn statement to that effect with the superintendent of streets, who shall record the same in his or her office in the book in which the certificate of acceptance has been recorded. The contractor shall thereupon have a cause of action against the person owning the tracks for the amount of the contract, together with a reasonable attorney’s fee, and shall also have as security for the recovery of such amount, a first lien upon that portion of the track and franchises of the railroad, between whose rails or tracks the work has been performed, which is contained within the corporate limits of the city. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  78. 20856.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    A certificate of completion is prima facie evidence of the regularity of the proceedings and of the contractor’s right to recover judgment against the person owning the tracks.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20856. In the action, the certificate of completion shall be and constitute prima facie evidence of the regularity of all proceedings and of the right of the contractor to recover judgment against the person owning the tracks. Execution may be taken out upon the entry of judgment, and levied upon any property of that person which is subject to execution. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  79. 20857.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    A person who elects to do the work directly must make the improvement within 30 days unless the legislative body gives more time; otherwise, the matter may proceed further.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20857. If the person files a written election to enter upon the direct performance of the work at its own cost and expense, no further proceedings shall be taken in the matter unless such person neglects or fails for 30 days, or for such further time as the legislative body may grant, to make the improvement. If the improvement of the portions of the street required to be improved by such person is not made with diligence or in all respects similar to the improvement of the rest of the street, or with the same materials or under the same specifications, and to the satisfaction of the superintendent of streets, the legislative body may, by resolution entered in its minutes, prescribe such terms and conditions as to it may seem fit and proper before permitting the said person to continue with the work. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  80. 20858.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    If a person does not comply after three days’ notice, the legislative body may declare a forfeiture of that person’s privilege to do the work under their own direction, and the street superintendent must then advertise 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20858. If the person shall, after three days’ notice of the adoption of the resolution, fail to comply with the terms and conditions so prescribed, the legislative body may declare that person to have forfeited its privilege of performing such work under its own direction. Whereupon the street superintendent shall advertise for bids for the performance of the work, or such portion thereof as may remain uncompleted, and the contract therefor shall be awarded and entered into in the manner provided for in this article for the awarding and execution of contracts where the person owning the track has not elected to make the improvements under its own direction. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  81. 20859.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    After the improvement is completed, the awarded contractor or the contractor’s assigns is entitled to a completion certificate from the street superintendent and may collect the certified amount by suit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20859. Upon the completion of the improvement, the contractor to whom the contract has been awarded, or his or her assigns, shall be entitled to a certificate of completion from the street superintendent, and shall have the right to collect from the person by suit, the amount specified in the certificate in all respects the same as provided in this article where the contract is let for such work in the first instance. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  82. 20867.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    Local agency construction contracts must be awarded to the lowest responsible bidder, and bids must be sealed and supported by specified 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20867. The legislative body shall award the contract for doing the work to the lowest responsible bidder. 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 public entity. (c) A certified check made payable to the public entity. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the public entity. The bids shall be delivered, opened, and award of contract made, all as provided by Chapter 9 (commencing with Section 5240) of Part 3 of Division 7 of the Streets and Highways Code, except that no notice of award shall be published. Upon the award being made, the superintendent of streets shall enter into a contract with the person to whom the contract was awarded for doing the work described in the notice inviting bids, and at the price stated in the bid. The contractor shall execute a bond in the manner required by Section 5254 of the Streets and Highways Code. 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 public entity beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 55.)
  83. 20868.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    After the work is completed and accepted, the street superintendent must prepare a certificate of completion and a statement of the amount due, the mayor must countersign the certificate, and it must be recorded in the office 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20868. Upon the completion of the work and its acceptance, the street superintendent shall make a certificate of completion, together with a statement of the amount due under the terms of the contract for the performance of the work. The certificate shall be countersigned by the mayor, and shall be recorded in the office of the superintendent of streets. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  84. 20869.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    After the certificate of completion is recorded, the contractor is entitled to payment of the full 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20869. When the certificate of completion has been recorded the contractor shall be entitled to payment for the full amount of the contract price, and the recording of the certificate shall be sufficient notice to the owner of such track or tracks that such amount is due and payable. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  85. 20870.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    If a contract price is unpaid within 30 days after the certificate of completion is recorded, the contractor may file a sworn statement, and the superintendent of streets must record 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20870. If the contract price is not paid within 30 days from the date of the recording of the certificate of completion, the contractor may file a sworn statement to that effect with the superintendent of streets, who shall record the same in his or her office in the book in which the certificate of completion has been recorded. The contractor shall thereupon have a cause of action against the person owning the tracks for the amount of the contract, together with a reasonable attorney’s fee, to be fixed by the court, and shall also have as security for the recovery of such amount, a first lien upon that portion of the track and franchises of that railroad which is contained within the corporate limits of the city. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  86. 20871.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    A certificate of completion is treated as evidence that the proceedings were regular and that the contractor may recover judgment; after judgment is entered, execution may be issued and levied on the person’s property subject to execution.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20871. In the action, the certificate of completion shall be prima facie evidence of the regularity of all proceedings, and of the right of the contractor to recover judgment against the person. Execution may be taken out upon the entry of judgment, and levied upon any property of that person which is subject to execution. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  87. 20872.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    If a person files a written election to do the work directly at their own expense, no further proceedings may be taken unless they fail to complete the work within 30 days, subject to any extra time granted by resolution.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20872. If the person files a written election to enter upon the direct performance of such work at its own cost and expense, no further proceedings shall be taken in the matter unless such person neglects or fails for 30 days, or for such further time as the legislative body may, by resolution, grant, to make and complete the work. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  88. 20873.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    If the work is not being done diligently, the legislative body may set terms and conditions for the person to continue. If the person does not comply after three days’ notice, the legislative body may declare a forfeiture, and the street superintendent must advertise for bids and have the remaining contract awarded as provided in the 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 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20873. If the work is not done with diligence as in this article provided, the legislative body may, by resolution entered upon its minutes, prescribe such terms and conditions as it may see fit and proper before permitting the person to continue with the work. If the person shall, after three days’ notice of the adoption of the resolution, fail to comply with the terms and conditions so prescribed, the legislative body may, at any time thereafter, declare the person to have forfeited its privilege of performing such work under its own direction. Whereupon the street superintendent shall advertise for bids for the performance of the work, or such portion thereof as may remain uncompleted, and the contract therefor shall be awarded and entered into in the manner provided for in this article for the awarding and execution of contracts where the person has not elected to make the improvements under its own direction. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  89. 20874.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. )

    Verify source ↗

    After the improvement is completed, the awarded contractor or that contractor’s assigns is entitled to a completion certificate from the street superintendent and may collect the certificate amount by suit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 57. Public Entities—Improvement Act of 1911 [20850 - 20874] ( Heading of Article 57 amended by Stats. 1984, Ch. 1128, Sec. 65. ) ## 20874. Upon the completion of the improvement, the contractor to whom the contract has been awarded, or his or her assigns, shall be entitled to a certificate of completion from the street superintendent, and shall have the right to collect from the person by suit the amount specified in the certificate in all respects the same as provided in this chapter where the contract is let for such work in the first instance. (Added by Stats. 1983, Ch. 256, Sec. 100.)
  90. 20880.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 58. Public Entities—Improvement Act of 1911 [20880 - 20886] ( Heading of Article 58 amended by Stats. 1984, Ch. 1128, Sec. 66. )

    Verify source ↗

    This article applies to contracts by public entities under the Improvement Act of 1911.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 58. Public Entities—Improvement Act of 1911 [20880 - 20886] ( Heading of Article 58 amended by Stats. 1984, Ch. 1128, Sec. 66. ) ## 20880. The provisions of this article shall apply to contracts by public entities as provided for in the Improvement Act of 1911 pursuant to Division 7 (commencing with Section 5000) of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 101.)
  91. 20886.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 58. Public Entities—Improvement Act of 1911 [20880 - 20886] ( Heading of Article 58 amended by Stats. 1984, Ch. 1128, Sec. 66. )

    Verify source ↗

    This section says the chapter does not remove competitive bidding requirements for city or public agency work done by the city or agency.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 58. Public Entities—Improvement Act of 1911 [20880 - 20886] ( Heading of Article 58 amended by Stats. 1984, Ch. 1128, Sec. 66. ) ## 20886. Nothing in this chapter shall be deemed to relieve any city or public agency, if the work or improvement is to be performed by the city or public agency, from any competitive bidding requirements imposed, as to work performed by the city or public agency, by any charter or statutory provision applicable to it. (Added by Stats. 1983, Ch. 256, Sec. 101.)
  92. 20890.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    This article applies to contracts made by public entities under the Tree Planting 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 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20890. The provisions of this article shall apply to contracts by public entities as provided for in the Tree Planting Act of 1931 pursuant to Part 1 (commencing with Section 22000) of Division 15 of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  93. 20893.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    The board may direct the city forester to award certain improvement contracts, and the city forester must award them to the lowest responsible bidder after the required public 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 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20893. The board may direct the city forester to let contracts for all or any part of any improvement ordered by the city council. The city forester shall let the said contracts to the lowest responsible bidder, after notice by publication in two successive issues of any daily, or in one issue of any weekly, newspaper published and circulated in the city, or if there is no such newspaper, by posting for five days at three public places in the city. The work so contracted for shall be done under the supervision of the city forester. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  94. 20893.5.

    ## 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 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    Construction bids must be submitted under sealed cover and include one of the listed bidder’s security forms. If a bidder is unsuccessful, its security must be returned within a reasonable time and cannot be held by the local agency for 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 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20893.5. 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 local agency. (c) A certified check made payable to the local agency. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the local agency. 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 local agency beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 56.)
  95. 20894.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    If the contractor abandons the work or does not proceed fast enough under the contract, the city forester may relet or finish the work and recover related 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 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20894. If the contractor abandons the work, or fails to proceed with it as rapidly as required by the contract, the city forester may relet the work in the same manner as in the first letting, or complete or cause it to be completed in any other manner he or she deems advisable. The city forester may retain the amount of any expense incidental to the reletting, out of any funds due or to become due to the contractor, and may also hold the contractor and the sureties upon the contractor’s bond responsible for any additional expenses and for any damages resulting from the abandonment or failure to complete the contract. (Amended by Stats. 2006, Ch. 538, Sec. 554. Effective January 1, 2007.)
  96. 20895.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    The legislative body must arrange for work it orders under this article, including construction, installation, maintenance, or service for improvements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20895. The legislative body, by contract or otherwise, shall provide for the performance of all work ordered by it pursuant to this article, including the construction and installation of any improvements and the furnishing of maintenance or service for any improvements. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  97. 20896.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    Local agencies, other public agencies, and public utilities may construct, install, or own the improvements, and may also provide maintenance and servicing for them.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20896. All or any part of the improvements may be constructed, installed, or owned and all or any part of the maintenance and servicing of any of the improvements may be provided by one or any combination of any of the following: (a) The local agency conducting proceedings. (b) Any other public agency. (c) Any public utility. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  98. 20897.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    A local agency may contract with another public agency or a public utility for improvements or maintenance/service, but those contracts must comply with applicable laws or utility tariffs, rules, and rate schedules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20897. The local agency, by contract made with another public agency or with a public utility, may provide for the construction, installation, or ownership of any improvements or for the furnishing of maintenance or service for any improvements. Any contract with another public agency shall be made in compliance with all laws applicable to the other public agency and to the local agency. Any contract with a public utility shall be made in compliance with and subject to all tariffs, rules, and rate schedules of the public utility on file with and approved by the Public Utilities Commission. Except as otherwise provided in this section, a contract may contain such provisions as may be agreed upon by the local agency and the other public agency or the public utility, as the case may be. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  99. 20898.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. )

    Verify source ↗

    The legislative body must arrange for construction or installation of improvements, and for maintenance and service for those improvements, except for work covered by a contract under Section 20897.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 59. Public Entities—Tree Planting Act of 1931 [20890 - 20898] ( Heading of Article 59 amended by Stats. 1984, Ch. 1128, Sec. 67. ) ## 20898. Except for any work provided for by contract made pursuant to Section 20897, the legislative body shall provide for the construction or installation of all improvements and for the furnishing of maintenance and service for any improvements in accordance with and subject to all laws applicable to the local agency, including any laws requiring the letting of contracts after competitive bidding. (Added by Stats. 1983, Ch. 256, Sec. 102.)
  100. 20910.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    This article applies to contracts made by bridge and highway districts under the Bridge and Highway District Act.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20910. The provisions of this article shall apply to contracts by bridge and highway districts as provided for in the Bridge and Highway District Act pursuant to Part 3 (commencing with Section 27000) of Division 15 of the Streets and Highways Code. (Added by Stats. 1983, Ch. 256, Sec. 103.)
  101. 20914.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    The district must advertise and competitively bid certain contracts, but may use informal bidding for smaller jobs and may contract for emergency work without advertising or competitive bidding if statutory emergency procedures are followed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20914. (a) The district shall advertise, pursuant to Section 6066 of the Government Code, for contracts for all vessel repair, maintenance, and alteration work if the estimated expenditure exceeds one million dollars ($1,000,000), and for all other construction, repair, maintenance, and alteration work, and all similar work, if the estimated expenditure exceeds five thousand dollars ($5,000), in at least one newspaper and one trade paper of general circulation designated by the general manager, that are published in any one county or portion of a county within the district. (b) The district shall publicly open the bids and award the contract to the lowest responsible bidder as follows: (1) For public works contracts that are subject to subdivision (a). (2) For vessel repair, maintenance, and alteration work contracts. (c) Notwithstanding subdivision (a), the district may, at its discretion, use informal bidding for contracts as follows: (1) For construction, repair, maintenance, and alteration work, and all similar work, with an estimated expenditure that does not exceed fifty thousand dollars ($50,000). (2) For vessel repair, maintenance, and alteration work that does not exceed one million dollars ($1,000,000). (d) The district shall enact an ordinance if it elects to use informal bidding pursuant to subdivision (c) that governs the selection of contractors to perform construction, repair, maintenance, and alteration work, and all similar work, by informal bid. The ordinance shall include all of the following: (1) Notice to contractors shall be provided in a manner determined by the district. (2) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (e) Any contracts for vessel repair, maintenance, and alteration work that does not exceed one million dollars ($1,000,000) for which the informal bidding procedure adopted pursuant to subdivision (d) is not used shall be advertised pursuant to subdivision (a) and awarded pursuant to subdivision (b). (f) In case of emergency, work may be contracted without advertising or competitive bidding, provided that the district complies with Chapter 2.5 (commencing with Section 22050). (Repealed and added by Stats. 2017, Ch. 396, Sec. 2. (SB 622) Effective January 1, 2018.)
  102. 20915.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    It is unlawful to evade this article’s competitive bidding requirements, and willful violation is a misdemeanor.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20915. It shall be unlawful to employ any means to evade the provisions of this article requiring contracts to be awarded after advertising and competitive bidding, including the splitting of projects into smaller work orders, the amendment of existing contracts, or the approval of a subcontract or subcontracts let under existing contracts. Every person who willfully violates this section shall be guilty of a misdemeanor. (Added by Stats. 1983, Ch. 256, Sec. 103.)
  103. 20916.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    District contracts over $20,000 for equipment, supplies, or materials must be advertised for bids 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20916. All contracts in excess of twenty thousand dollars ($20,000) entered into by the district for the hiring or purchase of equipment, supplies, or materials, are of no effect unless the district shall advertise pursuant to Section 6066 of the Government Code for bids for such contracts in at least one newspaper and not more than three newspapers designated by the general manager, which are published in any one county or portion of a county within the district, and unless the district shall award the contract to the lowest responsible bidder. (Added by Stats. 1983, Ch. 256, Sec. 103.)
  104. 20916.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    The district must use specified procurement methods for supplies, equipment, and materials, with bidding and quotation rules based on the purchase 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20916.1. Notwithstanding Section 20916, the purchase of all supplies, equipment, and materials by the Golden Gate Bridge, Highway and Transportation District shall be subject to the following: (a) When the expenditure required exceeds one hundred thousand dollars ($100,000), the purchase shall be by contract let to the lowest responsible bidder, or, in the district’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the district on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (b) To the extent practicable, the district shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required for the purchase of supplies, equipment, or materials exceeds two thousand five hundred dollars ($2,500), but does not exceed one hundred thousand dollars ($100,000). (c) Notice requesting bids shall be published at least once in a newspaper of general circulation and on the district’s procurement Internet Web site, which publication shall be made at least 10 days before the bids are received. The board may reject any and all bids and readvertise at its discretion. (d) This section applies solely to the procurement of supplies, equipment, and materials, and shall not apply to construction contracts. (Added by Stats. 2009, Ch. 408, Sec. 3. (AB 116) Effective January 1, 2010.)
  105. 20916.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    The board may use competitive negotiation to buy certain specialized equipment, but only after a two-thirds vote finding that ordinary purchase laws are not feasible or 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20916.3. (a) The Legislature finds and declares that the award of purchase contracts by the Golden Gate Bridge, Highway and Transportation District under competitive bid procedures may not be feasible for products and materials which are undergoing rapid technological changes or for the introduction of new technologies into district operations. Under these circumstances, it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, performance reliability, delivery timetables, vendor financing, support logistics, and other similar factors in addition to price in the award of these contracts. (b) Notwithstanding any other provision of law, the board may direct the purchase of the specialized equipment specified in subdivision (g) by competitive negotiation upon a finding, by a two-thirds vote of the membership of the board, that the purchase of that equipment pursuant to laws otherwise applicable to the purchase is not feasible or in the public interest. (c) Competitive negotiation, for the purposes of this section, includes, but is not limited to, all of the following requirements: (1) A request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the board, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposals shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals. The board shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposals is received. (2) A request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (3) The board shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Award shall be made to the qualified proposer whose proposal will be most advantageous to the district, with price and all other factors considered. If award is not made to the bidder whose proposal contains the lowest price, the board shall make a finding setting forth the basis for the award. (d) The board may reject any and all proposals and request new proposals, at its discretion. (e) Upon making an award to a qualified proposer, the board, upon request, shall make available to all other proposers and to the public, an analysis of the award which provides the basis for the selection of that particular qualified proposal. (f) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposals shall be filed with the board within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (b). The board shall issue a written decision on the protest prior to the opening of proposals. A protest may be renewed by refiling the protest with the board within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the board within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (g) This section applies only to the purchase by the district of computers, telecommunications equipment, automated toll and fare collection equipment, microwave equipment, and other related electronic equipment and apparatus. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (h) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Added by Stats. 1990, Ch. 591, Sec. 2.)
  106. 20916.5.

    ## 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

    Verify source ↗

    Construction bids must be submitted under sealed cover and accompanied by specified bidder security. Unsuccessful bidder 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20916.5. 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. 57.)
  107. 20917.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

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    After rejecting bids under Section 20916, the board may buy the equipment, supplies, or materials in the open market if it approves the decision by a two-thirds vote.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20917. If, after rejecting bids received under Section 20916, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the equipment, supplies, or materials may be purchased at a lower price in the open market, the board may proceed to purchase the equipment, supplies, or materials in the open market without further observance of the provisions requiring contracts, bids, or advertisement. (Added by Stats. 1983, Ch. 256, Sec. 103.)
  108. 20918.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

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    In an emergency, the board may declare an emergency by a two-thirds vote and spend public money or make contracts immediately to protect life, health, or 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20918. In case of an emergency, the board may, by resolution passed by a two-thirds vote of all of its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in such emergency without observance of the provisions requiring contracts, bids, or advertisement. If notice for bid to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 15. Effective January 1, 1995.)
  109. 20919.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. )

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    The Golden Gate Bridge, Highway and Transportation District may contract for goods and services without further competitive bidding by joining certain existing contracts, but not for construction 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 60. Bridge and Highway Districts [20910 - 20919] ( Heading of Article 60 amended by Stats. 1984, Ch. 1128, Sec. 68. ) ## 20919. Notwithstanding Sections 20916 and 20916.1, the Golden Gate Bridge, Highway and Transportation District may, without further competitive bidding, contract with suppliers of goods and services by participating in contracts let by one or more city, county, city and county, district, school district, public authority, public agency, municipal corporation, or other political subdivision in the state, and to the extent provided by law, any other entity that expends public funds for the procurement of goods and services. This section is in addition to the authority granted in Sections 10298 and 10299. This section does not apply to construction contracts. (Added by Stats. 2017, Ch. 396, Sec. 3. (SB 622) Effective January 1, 2018.)
  110. 20919.20.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    This section says the article is meant to provide an optional bidding procedure for public works projects that applies only to school 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.20. 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 school districts. The Legislature has previously authorized the use of this alternative and optional procedure only for the Los Angeles Unified School District, which is using the procedure in conjunction with its project stabilization agreement. (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 unified school 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 school districts use the job order contract process pursuant to this article only if the school district has entered into a project labor agreement that meets the requirements of Section 2500 for all its public works projects. (Added by Stats. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  111. 20919.21.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    This section defines terms used in the job order contracting chapter for school 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.21. As used in this chapter: (a) “Adjustment factor” means the job order contractor’s competitively bid adjustment to the school 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 20919.24, between the school 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 school 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 school district. The proposal may also contain approved drawings, work schedule, permits, or other documentation as the school 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) “School district” means any school 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. (Amended by Stats. 2017, Ch. 296, Sec. 2. (AB 618) Effective January 1, 2018. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  112. 20919.22.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    School districts may use job order contracting if this article permits it, and this article applies only to school districts that choose to use 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.22. Provisions in this article only apply to school districts that choose to utilize job order contracting. A school district may utilize job order contracting, when permitted by this article, as an alternative to any contracting procedures that the school district is otherwise authorized or required by law to use. (Added by Stats. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  113. 20919.23.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    A school district may use job order contracting only if it has a project labor agreement covering the relevant work and certain higher-value public works, and it must prepare and follow an execution plan for eligible modernization 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.23. (a) The school district may utilize job order contracting pursuant to this article only if the school 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 school district that exceed a monetary threshold set by the school district until January 1, 2027, regardless of what contracting procedure is used to award that work. (b) The school district shall prepare an execution plan for all modernization projects that may be eligible for job order contracting pursuant to this article. The school 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 school 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 school 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. 3. (AB 846) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  114. 20919.24.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    This section sets the bidding and prequalification steps for school district job order contracts, including document preparation, bidder compliance, and disclosure requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.24. Bidding for job order contracts shall progress as follows: (a) (1) The school 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 school district’s needs. (2) Any architect, engineer, consultant, or contractor retained by the school 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), the school district shall prepare a request for bid that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the school district. (1) (A) The prequalified job order contractors, as determined by the school 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 school district determines to be the most qualified based upon preestablished criteria made by the school district. The prequalified bidders shall be in compliance with the school district’s project labor agreement. (B) Compliance shall constitute no more than three major violations on any school district projects within the last three years. If a contractor has more than three violations within a three-year period of time, the school 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 20919.25. (iv) Incorrect assignment of work in accordance with the school district’s project labor agreement. (2) The school 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) The school 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 school 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. 132. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  115. 20919.25.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

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    School districts using job order contracts must follow value limits, term limits, notice rules, and a ban on splitting projects to evade 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.25. (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 school district and the job order contractor. (c) The school 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 20919.26. The job order shall be based on a project scope of work prepared by the school 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, 2016, 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 chapter. (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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  116. 20919.26.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    This section requires job order work to follow Chapter 4 rules, and it imposes subcontractor verification, notice, bidding, and substitution procedures for primary job order contractors.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.26. (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 school district which subcontractor was selected. (3) The notification shall include every subcontractor for all tiers and must 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 school district along with justification as to the need for the substitution. The school 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 school 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 school district may terminate the job order or the contractor may lose authorization to proceed with awarded work subject to the school district’s administrative due process review, if such review is established pursuant to the school district’s project labor agreement. If the school district determines that a job order contractor has violated any provision set forth in Chapter 4 (commencing with Section 4100) of Part 1, the school 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 school district. (Added by Stats. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  117. 20919.27.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    School district job order contracts must name who ensures labor-law compliance, job order contractors must pay prevailing wage, and the school district must appoint one labor-compliance monitor when requested under the project labor agreement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.27. (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 school 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 school 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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  118. 20919.28.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    A school district using job order contracting must report violating contractors or subcontractors to the Labor Commissioner and must not award them new job order contracts or job orders during debarment.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.28. A willful violation of Section 20919.26 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 school 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 school 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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  119. 20919.29.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    For certain job order contracts, contractors must follow apprenticeship rules, submit job order award information before work starts, and meet required apprentice-to-journeyman ratios and wage/work-placement 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.29. 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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  120. 20919.30.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    Job order contractors and subcontractors who knowingly violate apprentice-employment provisions must pay civil penalties, with higher penalties and contract/bidding restrictions for repeat violations.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.30. 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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  121. 20919.31.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    A school district using job order contracting must prepare an independent estimate, document any estimate adjustments, get management review and approval before issuing a job order, and make job-order documents available for public review after issuance.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.31. In order to prevent fraud, waste, and abuse, the school 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 school 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 school district estimate is to be documented. In the event that the contractor’s proposal for a given job order is found to be unreasonable, not cost effective, or undesirable, the school 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 school 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 school district estimate, shall be available for public review. (Added by Stats. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  122. 20919.32.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    If a school district adopts job order contracting, it 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.32. A school 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. 2015, Ch. 753, Sec. 2. (AB 1431) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 20919.33.)
  123. 20919.33.

    ## 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. )

    Verify source ↗

    This section says Article 60.4 stays in effect only until January 1, 2027, and is then repealed unless a later statute enacted before that date deletes or extends the sunset 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 60.4. Job Order Contracting for School Districts [20919.20 - 20919.33] ( Article 60.4 added by Stats. 2015, Ch. 753, Sec. 2. ) ## 20919.33. This article shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2021, Ch. 303, Sec. 4. (AB 846) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 60.4, commencing with Section 20919.20.)
  124. 20920.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    This article applies to contracts made by certain reclamation districts and other districts authorized under Division 15 of 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 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20920. This article applies to contracts by reclamation districts formed under special acts of the Legislature or under Division 15 (commencing with Section 50000) of the Water Code or any district which is otherwise authorized to act under that division. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  125. 20921.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    Contracts over $25,000 for improvements, work units, materials, or supplies must be awarded to the lowest responsive, responsible bidder unless this article 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 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20921. All contracts for any improvement or unit of work, or for materials or supplies, in excess of twenty-five thousand dollars ($25,000) shall be let to the lowest responsive, responsible bidder, except as otherwise provided in this article. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  126. 20922.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    It is unlawful to split or separate work into smaller orders or projects to evade this article’s competitive-bidding requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20922. It is unlawful to split or separate into smaller work orders or projects for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  127. 20923.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    The board must advertise for bids or, if there is no local newspaper of general circulation, post public notice before bids open.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20923. The board shall advertise for bids by at least two insertions, not less than five days apart, in a newspaper of general circulation circulated within the district, or if there is none, shall post notice at least 10 days before the date of opening of bids in at least three public places in the district that have been designated by resolution of the district as the places for posting public notices. The notice inviting sealed bids shall state the proposed improvement or work and shall set a date for opening of bids. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  128. 20924.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    If a district takes part in a federal or state assistance program, it must follow that program’s procurement rules when they are stricter than 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 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20924. Notwithstanding any other provision of law, whenever a district participates in any federal or state assistance program, the district shall comply with the procurement requirements of that program to the extent that the requirements are more restrictive than those set forth in this article. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  129. 20925.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    The board may reject bids, and in certain bidding situations may readvertise, negotiate, accept one of tied lowest bids, or finish the project without further compliance with 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 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20925. The board shall have the right to reject any and all bids not suitable to the best interests of the district. In its discretion, the board may readvertise for new bids or negotiate an offered bid, if it is the sole bid received and the negotiated price does not exceed the offered bid for the work as advertised. If two or more bids are the same and are the lowest, the district board may accept the one it chooses. If no bids are received, the district board may proceed to complete the project by force account or contract without further compliance with this article. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  130. 20926.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    In an emergency, the board may award a construction contract without bidding and spend what is reasonably needed, but it must follow extra procedures when notice for bids is not given and document the emergency afterward.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20926. (a) In the event of any emergency, the board may negotiate and award a contract for construction of work to prevent damage or repair damaged works without advertising for bids and expend any sum reasonably required in the emergency. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (b) Notwithstanding any other provision of this section, the board or any trustee authorizing or contracting for work in an emergency shall, if practicable, informally solicit bids or requests for proposals to seek to obtain the best terms possible, including the lowest price term, given the urgent circumstances of the emergency, and, promptly after the emergency ends, shall document the circumstances of the emergency and the bid or proposal accepted. (c) Work to further reconstruct or rehabilitate damaged works after the emergency ends shall be subject to the requirements of this article. (Amended by Stats. 1994, Ch. 803, Sec. 16. Effective January 1, 1995.)
  131. 20927.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. )

    Verify source ↗

    Section 20927 allows certain reclamation district project spending limits to be exceeded up to $50,000 if no government assistance is requested and the required landowner approval is obtained.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.5. Reclamation Districts [20920 - 20927] ( Article 60.5 added by Stats. 1988, Ch. 1042, Sec. 1. ) ## 20927. The limitations set forth in Section 20921 may be exceeded to a maximum of fifty thousand dollars ($50,000) for projects and purchases of materials for projects for which no assistance from federal, state, or other local governmental agencies is requested, if that approval is secured from the landowners of the district representing at least two-thirds of the assessment valuation of the district, or if no assessment has been collected within the prior year, by the landowners representing at least two-thirds of the acreage within the district. The approval may be obtained either through a special election held for that purpose or by written consent of the approving landowners. The special election may be conducted by mail ballot. (Added by Stats. 1988, Ch. 1042, Sec. 1.)
  132. 20928.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. )

    Verify source ↗

    The Legislature states that alternative project delivery using best value procurement has been authorized for some agencies and has produced benefits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. ) ## 20928. The Legislature finds and declares that alternative project delivery, using the best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project start and completion, simplified project controls and accountability, and design features that are not achievable through the traditional design-bid-build method. (Added by Stats. 2016, Ch. 760, Sec. 1. (AB 2551) Effective January 1, 2017.)
  133. 20928.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. )

    Verify source ↗

    A qualifying surface storage project may use additional project delivery methods, including construction manager at-risk, design-build, and design-build-operate.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. ) ## 20928.1. (a) A surface storage project identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, that receives funding pursuant to Division 26.7 (commencing with Section 79700) of the Water Code may use, in addition to any other methods of project delivery otherwise allowable by irrigation districts, county water districts, or other similar water districts by law, the following methods of project delivery: (1) Construction manager at-risk. (2) Design-Build, including conventional, progressive, and target price. (3) Design-build-operate. (b) The contract shall be awarded on a best value basis or to the lowest responsible bidder. (Added by Stats. 2016, Ch. 760, Sec. 1. (AB 2551) Effective January 1, 2017.)
  134. 20928.2.

    ## 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 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. )

    Verify source ↗

    Local agencies must follow a set procurement process for these projects, including prequalification, bid requests, bid evaluation rules, and award/public reporting requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. ) ## 20928.2. The procurement process for the project shall progress as follows: (a) The local agency shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the local agency’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. (b) The local agency shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the local agency to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. (2) Significant factors that the local agency reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other nonprice-related factors. (3) A standard template request for statements of qualifications prepared by the local agency. In preparing the standard template, the local agency may consult with the construction industry, the building trades and surety industry, and other local agencies interested in using the authorization provided by this article. The template shall require all of the following information: (A) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, comprised of privately held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. (B) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project. (C) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) An acceptable safety record. “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. (4) The information required under this subdivision shall be certified under penalty of perjury by the bidder and its general partners or joint venture members. (c) A contracting entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. (1) For purposes of this subdivision: (A) “Apprenticeable occupation” means an occupation for which the chief had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2014. (B) “Skilled and trained workforce” means a workforce that meets all of the following conditions: (i) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. (ii) (I) For work performed on or after January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (II) For work performed on or after January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (III) For work performed on or after January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (IV) For work performed on or after January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (iii) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of clause (ii) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (C) “Skilled journeyperson” means a worker who either: (i) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (ii) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. (2) The apprenticeship graduation percentage requirements of subparagraph (B) of paragraph (1) are satisfied if, in a particular calendar month, either of the following is true: (A) The required percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project meet the graduation percentage requirement. (B) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons who met the graduation requirement meets or exceeds the required graduation percentage. (3) A contractor or subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project. (4) A subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if both of the following requirements are met: (A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed subcontractor. (B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract. (5) (A) A contractor, bidder, or other entity’s commitment that a skilled and trained workforce will be used to perform the project or contract shall be established by the contractor, bidder, or other entity’s agreement with the local agency that the contractor, bidder, or other entity and its subcontractors at every tier will comply with this subdivision and that the contractor, bidder, or other entity will provide the local agency with a report on a monthly basis while the project or contract is being performed, as to whether the contractor, bidder, or other entity and its subcontractors are complying with the requirements of this subdivision. (B) If the contractor, bidder, or other entity fails to provide the monthly report required by this section, or provides a report that is incomplete, the local agency shall withhold further payments until a complete report is provided. (C) If a monthly report does not demonstrate compliance with this chapter, the local agency shall withhold further payments until the contractor, bidder, or other entity provides a plan to achieve substantial compliance with this article, with respect to the relevant apprenticeable occupation, prior to completion of the contract or project. (D) A monthly report provided to the public agency or other awarding body shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. (6) This subdivision shall not apply if the contractor, bidder, or other entity has entered into a project labor agreement that will bind itself and all its subcontractors who perform construction work on the project, and the contractor, bidder, or other entity agrees to be bound by the project agreement. (d) The local agency shall make the list of prequalified entities available to the public. (e) Based on the documents prepared as described in subdivision (a), the local agency shall prepare a request for bids that invites prequalified or short-listed entities to submit competitive sealed bids in the manner prescribed by the local agency. The request for bids shall include, but need not be limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost to perform the work being requested, the methodology that will be used by the local agency to evaluate bids, whether the contract will be awarded on the basis of best value or to the lowest responsible bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. (2) Significant factors that the local agency reasonably expects to consider in evaluating bids, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or the weight assigned to each of the factors identified in the request for bids. (4) If a best value selection method is used, the local agency may reserve the right to request bid revisions and hold discussions and negotiations with responsive bidders, in which case the local agency shall so specify in the request for bids and shall publish separately or incorporate into the request for bids applicable procedures to be observed by the local agency to ensure that any discussions or negotiations are conducted in good faith. (f) For those projects utilizing low bid as the final selection method, the competitive bidding process shall, if appropriate for the delivery method, result in lump-sum bids by the prequalified or short-listed entities, and awards shall be made to the bidder that is the lowest responsible bidder. (g) For those projects utilizing best value as a selection method, the competition shall progress as follows: (1) Competitive bids shall be evaluated by using only the criteria and selection procedures specifically identified in the request for bids. The following minimum factors, however, shall be included, if applicable to the delivery method and weighted as deemed appropriate by the local agency: (A) Price, unless a stipulated sum is specified and including financial and bonding capacity requirements. (B) Technical design, procurement, and construction expertise. (C) Proposed construction approach, sequencing, and methods. (D) Compliance with the requirements of the owner-provided performance specification. (E) Ability to meet the milestone schedule dates and, if applicable, any liquidated damages. (F) Ability to meet the quality requirements. (G) Proposed risk allocation and sharing. (H) Safety record. (I) Warranty. (J) Life-cycle costs over 15 or more years as specified by the local agency. (2) Pursuant to subdivision (e), the local agency may hold discussions or negotiations with responsive bidders using the process articulated in the local agency’s request for bids. (3) When the evaluation is complete, the responsive bidders shall be ranked based on a determination of value provided by the local agency if no more than three bidders are required to be ranked. (4) The award of the contract shall be made to the responsible bidder whose bid is determined by the local agency to have offered the best value to the public. (5) Notwithstanding any provision of the Water Code, upon issuance of a contract award the local agency shall publicly announce its award, identifying the bidder to which the award is made, along with a statement regarding the basis of the award. (6) The statement regarding the local agency’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. (Amended by Stats. 2021, Ch. 615, Sec. 364. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  135. 20928.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. )

    Verify source ↗

    Local agencies may specify subcontractor types in requests for proposals, and the entity must follow a subcontract-award process for qualifying construction subcontracts after contract 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 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. ) ## 20928.3. (a) The local agency, in each request for proposals, may identify specific types of subcontractors that must be included in the entity statement of qualifications and proposal. (b) Following award of the contract, the entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the local agency, including a fixed date and time on which qualification statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. (Added by Stats. 2016, Ch. 760, Sec. 1. (AB 2551) Effective January 1, 2017.)
  136. 20928.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. )

    Verify source ↗

    Projects built under this article must comply with Part 1 of Division 3 of 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 60.6. Surface Storage Projects [20928 - 20928.4] ( Article 60.6 added by Stats. 2016, Ch. 760, Sec. 1. ) ## 20928.4. Any project constructed pursuant to this article shall be subject to Part 1 (commencing with Section 6000) of Division 3 of the Water Code. (Added by Stats. 2016, Ch. 760, Sec. 1. (AB 2551) Effective January 1, 2017.)
  137. 20929.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 60.7. Water District Contract Bids [20929- 20929.] ( Heading of Article 60.7 renumbered from Article 60.5 (as added by Stats. 1989, Ch. 1163) by Stats. 1991, Ch. 1091, Sec. 124. )

    Verify source ↗

    Bids for covered construction work must be sealed and include one approved form of bidder’s security. Unsuccessful bidder security must be returned within a reasonable time and cannot be 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 60.7. Water District Contract Bids [20929- 20929.] ( Heading of Article 60.7 renumbered from Article 60.5 (as added by Stats. 1989, Ch. 1163) by Stats. 1991, Ch. 1091, Sec. 124. ) ## 20929. All bids for construction work requested by an agency or district covered by this chapter 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 agency or district. (c) A certified check made payable to the agency or district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the agency or 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 agency or district beyond 60 days from the time the award is made. (Added by renumbering Section 20920 (as amended by Stats. 1990, Ch. 808) by Stats. 1991, Ch. 1091, Sec. 125.)
  138. 20930.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 61. Levee District No. 1 of Sutter County [20930 - 20931] ( Article 61 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by Levee District No. 1 of Sutter County.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 61. Levee District No. 1 of Sutter County [20930 - 20931] ( Article 61 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20930. The provisions of this article shall apply to contracts by Levee District No. 1 of Sutter County, as provided for in Chapter 349 of the Statutes of 1873–74. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  139. 20931.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 61. Levee District No. 1 of Sutter County [20930 - 20931] ( Article 61 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board must prepare and adopt annual levee repair and improvement plans, file them by July 1, give public bid notice when a section costs over $500, award contracts to the lowest responsible bidder, and require a bond from each successful contractor; in emergencies, it may proceed without 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 61. Levee District No. 1 of Sutter County [20930 - 20931] ( Article 61 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20931. (a) The board shall annually have prepared, and shall adopt, plans and specifications of all necessary repairs to the levees of the district and of any new levees to be constructed and all other works of improvement for the benefit of the district, and shall divide the work into convenient sections. The plans and specifications shall be filed in the office of the board not later than the first day of July of each year and shall be subject to inspection by any interested person for at least two weeks prior to the letting of any contract for work in accordance with those plans and specifications. If the cost of repair or construction in any one of the sections will exceed five hundred dollars ($500) the board must, not later than the first day of July in each year, give notice by publication at least once a week for two consecutive weeks in one or more newspapers printed and published in Sutter County, that sealed proposals will be received and opened at the office of the board, at a time specified in the notice, for the construction of repairs, new levees, and other works of improvement in each separate section of work, and for the whole work, in accordance with the plans and specifications. At the time and place specified in the notice the board shall publicly open the bids and let the contract or contracts to the lowest responsible bidder or bidders; provided, however, that the board may reject any bid. If any or all bids are rejected the board shall immediately readvertise for bids, as in the first instance, for work that has not been let and upon the opening and consideration of those new bids the board shall have the right to reject any of them and have the work done by day labor. Every person, firm or corporation to whom a contract is awarded shall enter into a bond with sufficient sureties, to be approved by the board, equal to one-half of the contract price, conditioned for the faithful performance of the contract in accordance with the plans and specifications. (b) In cases of emergency, the board may, by unanimous consent of all the members, proceed at once to replace or repair any and all levees in the district without notice. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (c) In case of vacancy in the office of any director or directors of the district by reason of death, resignation, or other cause (whether the same shall occur before or after the effective date of this act), the board of supervisors of Sutter County shall have power to fill the same by appointment. A person so appointed to fill such a vacancy shall hold office until the first Monday in March following the next election in the district at which directors are to be elected and until his or her successor has been elected. (Amended by Stats. 1994, Ch. 803, Sec. 17. Effective January 1, 1995.)
  140. 20940.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by protection 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20940. The provisions of this article shall apply to contracts by protection districts as provided for in Chapter 201 of the Statutes of 1895. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  141. 20941.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The county board of supervisors must control district work, use the county surveyor or engineer’s direction, and generally advertise work over $1,000 for the lowest bid unless there is an emergency.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20941. (a) All work done in any district shall be ordered by the board of supervisors of the county in which the district is located and shall be under the direction of the county surveyor or county engineer. All work which exceeds an estimated cost of one thousand dollars ($1,000) shall be advertised and let to the lowest bidder; provided, however, that at the time of an emergency the board of supervisors may order emergency work done without advertising for bids. If notice for bids to let contracts will not be given, the board of supervisors shall comply with Chapter 2.5 (commencing with Section 22050). (b) As soon as the district is formed, the board shall cause a survey of the contemplated improvements to be made, or adopt a survey already made, and shall also cause a map of the survey, and plans and specifications showing the improvements in detail, to be prepared, and they shall adopt those surveys, maps, plans, and specifications, and thereafter all improvements shall be made in accordance with the surveys, maps, plans, and specifications so adopted; provided, that at any time after the adoption of said surveys, maps, plans, and specifications, and before the commissioner’s report of assessment of benefits and award of damages has been finally adopted and confirmed by the board, the board may rescind their action in adopting those surveys, maps, plans, and specifications, and may modify the same or adopt others in their place, in which case a new assessment shall be made, or may, by a four-fifths vote of the members, abandon the contemplated improvement and dissolve the protection district, in which case the expenses already incurred on behalf of the district shall be a county charge. (Amended by Stats. 1994, Ch. 803, Sec. 18. Effective January 1, 1995.)
  142. 20942.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board of supervisors must plan the work, publish bid notice, and award the contract to the lowest responsible bidder, with a bond required from the winner.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 62. Protection Districts [20940 - 20942] ( Article 62 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20942. The board of supervisors shall determine the amount of work to be done in each year and the place where such work is to be done, and may let a contract for any portion of such work that they may think proper. When the work is let by contract, either as a whole work or for a portion thereof, the board shall give notice, by publication thereof, not less than 10 days, in a newspaper published in such county, calling for bids for the construction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposal, and how such sealed proposals shall be addressed, which, at the time and place appointed, shall be opened, and, as soon thereafter as convenient, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any and all bids and readvertise for proposals. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said county for the use of such protection district, for double the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the board of supervisors. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  143. 20950.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20950. The provisions of this article shall apply to contracts by drainage districts, as provided for in Chapter 238 of the Statutes of 1903. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  144. 20951.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board must publish bid notice, open proposals publicly, and award the work to the lowest responsible bidder, unless the section allows no-bid letting for contracts under $3,500.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20951. After adopting a plan for such conduits, drains, pumping plants, watergates, and other works which are provided for in this act, the board of directors shall give notice by publication thereof not less than 10 days as required in Section 6062a of the Government Code, in one newspaper published in each of the counties composing the district (provided, a newspaper is published therein) and in such other newspapers as they may deem advisable, calling for bids for the construction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed shall be opened in public; and as soon as convenient thereafter the board shall let said work, whether in portions or as a whole, to the lowest responsible bidder; or they may reject any or all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Contracts for the purchase of material shall be awarded, or the board may reject any or all bids, and may readvertise for proposals. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use for 50 percent of the amount of the contract price, conditioned for the faithful performance of the contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. Contracts under this section calling for an expenditure of less than three thousand five hundred dollars ($3,500) may be let without bid. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  145. 20952.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The district may make contracts or agreements with the State of California or other public districts for certain drainage-disposal works.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 63. Drainage Districts [20950 - 20952] ( Article 63 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20952. The district may enter into contracts or agreements with the State of California or other public districts for the joint construction of and for the joint use and maintenance of evaporation ponds or other works for the disposal of saline drainage waters and for the disposal of salts and other residues developed from the operation of such works. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  146. 20960.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 64. Levee Districts [20960 - 20961] ( Article 64 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This section says the article applies to contracts made by levee 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 64. Levee Districts [20960 - 20961] ( Article 64 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20960. The provisions of this article shall apply to contracts by levee districts as provided for in Chapter 310 of the Statutes of 1905. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  147. 20961.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 64. Levee Districts [20960 - 20961] ( Article 64 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Levee or dike work for the district generally needs board approval and, for work over $500, notice, sealed bids, and award 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 64. Levee Districts [20960 - 20961] ( Article 64 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20961. No levees, dikes, or other works for the benefit of the district may be constructed or repaired except on the order of the board of trustees of the district and when the repair or construction will exceed five hundred dollars ($500) the work may be performed only under a contract let, after reasonable notice given by the board of trustees by publishing the notice at least once a week for two weeks in a newspaper published and circulated in the county and designated by the board of trustees. All bids shall be sealed and shall be opened at the time specified in the notice, and the contract shall be awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the board of trustees, except, however, in cases of emergency, by the unanimous consent of the whole board of trustees they may proceed at once to replace or repair levees, dikes, or other works without notice. In case of emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). Prior to the publication of the notice of the letting of any contract for the erection or repair of dikes, levees, or other works, the board of trustees shall have prepared by a competent engineer, plans and specifications and working details of the work, that shall be adopted by the board of trustees and filed in the office of the board and shall be subject to inspection by any person for at least two weeks prior to the date of the letting of the contract. The board of trustees shall appoint an engineer to supervise the construction, repair, or other works to be done under the plans and specifications and no claim shall be allowed for any work done under any contract let under those plans and specifications without a certificate being first filed in the office of the board of trustees and in the office of the clerk of the board of supervisors of the county signed by the engineer, certifying that the work has been completed and constructed according to the plans and specifications and the terms of the contract. The engineer shall be paid the compensation agreed upon by the board of trustees and the compensation shall be paid in the same manner as other claims against the district. (Amended by Stats. 1994, Ch. 803, Sec. 19. Effective January 1, 1995.)
  148. 20970.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 65. Protection Districts [20970 - 20971] ( Article 65 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by protection 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 65. Protection Districts [20970 - 20971] ( Article 65 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20970. The provisions of this article shall apply to contracts by protection districts as provided for in Chapter 25 of the Statutes of 1907. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  149. 20971.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 65. Protection Districts [20970 - 20971] ( Article 65 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board must publish bid notice, open proposals publicly, and award the work and material contracts to the lowest responsible bidder, subject to a bond requirement and board/engineer 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 65. Protection Districts [20970 - 20971] ( Article 65 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20971. After the adoption of a plan of works and providing funds for the construction of the same, and securing the necessary rights of way as in this act provided, the board of directors shall give notice by publication thereof not less than 20 days in one newspaper published in each of the counties composing the district (provided, a newspaper is published therein) and in such other newspapers as they may deem advisable, calling for bids for the construction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed shall be opened in public; and as soon as convenient thereafter the board shall let said work, whether in portions or as a whole, to the lowest responsible bidder; or they may reject any and all bids and readvertise for proposals, or may proceed to construct the work under their own superintendence. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use for 50 percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  150. 20980.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 66. Storm Water Districts [20980 - 20981] ( Article 66 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by storm 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 66. Storm Water Districts [20980 - 20981] ( Article 66 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20980. The provisions of this article shall apply to contracts by storm water districts as provided for in Chapter 222 of the Statutes of 1909. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  151. 20981.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 66. Storm Water Districts [20980 - 20981] ( Article 66 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Work over $1,500 must be done by contract, and the board must award contracts to the lowest responsible bidder after proper bid advertisement, unless it rejects all bids or acts unanimously in a great emergency.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 66. Storm Water Districts [20980 - 20981] ( Article 66 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20981. All work of construction, repair, or maintenance, the cost whereof exceeds one thousand five hundred dollars ($1,500), shall be done by contract; and all contracts shall be let by the board to the lowest responsible bidder, who will give bond for the faithful performance thereof satisfactory to the board, after advertisement for bids published by their clerk pursuant to Section 6062 of the Government Code in some newspaper of general circulation, designated by the board and published in the county in which the district or some part thereof is situated, specifying the time and place for the opening of bids, and the particular work to be bid for; provided, however, that the board may reject all bids and readvertise, and may by unanimous action in cases of great emergency, the nature of which shall be entered on their minutes, proceed at once to replace or repair any of the works or improvements of the district without advertisement. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  152. 20990.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts by the Los Angeles County Flood Control District under Chapter 755 of the Statutes of 1915.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20990. The provisions of this article shall apply to contracts by the Los Angeles County Flood Control District as provided for in Chapter 755 of the Statutes of 1915. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  153. 20991.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    For covered district contracts over $25,000, the board must solicit sealed bids and award to the lowest responsible bidder, with specified bond and notice requirements. The board may use force account or negotiated contract in listed exceptions, including emergencies and lower-cost 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20991. All contracts for any improvement or unit of work, except as provided in this article, estimated to cost in excess of twenty-five thousand dollars ($25,000), shall be let to the lowest responsible bidder in the manner provided in this article. The board of supervisors of the district shall advertise by five or more insertions in a daily newspaper of general circulation, or by two or more insertions in a weekly newspaper of general circulation, printed and published in the district, inviting sealed proposals for the construction of the improvement or work. The board shall require the successful bidder or bidders to file with the board good and sufficient bonds, to be approved by the board, conditioned upon the faithful performance of the contract and upon the payment of all claims for labor and material. The bonds shall contain the terms and conditions set forth in Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code and shall be subject to the provisions of that chapter. The board shall have the right to reject any bid not suitable to the best interests of the district. In the event all proposals are rejected or no proposals are received pursuant to advertisement, or the estimated cost of the work does not exceed ten thousand dollars ($10,000), or the work consists of channel protection, dam protection, temporary work, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. Emergency work may also be done by negotiated contract without advertising for bids. 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). (Amended by Stats. 2010, Ch. 697, Sec. 55. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  154. 20992.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The purchasing agent must buy needed district materials and equipment, may hire independent contractors for certain services up to $25,000, and must act on a proper requisition signed by the district’s chief 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20992. It shall be the duty of the purchasing agent of Los Angeles County, and the ex officio purchasing agent of Los Angeles County Flood Control District, unless otherwise ordered by the board of supervisors, to purchase for the district all materials, supplies, equipment, and other personal property necessary to carry out the purposes of this act, except emergency purchases, and to engage independent contractors to perform sundry services for the district, where the aggregate cost of such work, exclusive of materials to be furnished by the district, does not exceed twenty-five thousand dollars ($25,000). The purchasing agent shall make all such purchases and contracts upon proper requisition therefor, signed by the chief engineer of the district. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  155. 20993.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Bond-funded improvements must follow the adopted report, plans, specifications, and map unless the work is prohibited by law or changed conditions make it contrary to the district’s best interests.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20993. Any improvement for which bonds are voted under the provisions of this act shall be made in conformity with the report, plans, specifications, and map theretofore adopted, as above specified, unless the doing of any such work described in the report shall be prohibited by law, or be rendered contrary to the best interests of the district by some change of conditions in relation thereto, in which event the board of supervisors may, by vote of four-fifths of all the members thereof, order necessary changes made in such proposed work or improvements, and may cause new plans and specifications to be made and adopted therefor. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  156. 20994.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Work or improvements under this act may be placed in, along, or across public roads or highways in Los Angeles County if done so as to protect life and property, and the district board must restore the road or highway afterward as nearly as possible to its former condition.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20994. Any work or improvement provided for in this act may be located, constructed, and maintained in, along, or across any public road or highway in the County of Los Angeles, in such manner as to afford security for life and property, but the board of supervisors of the district shall restore or cause to be restored such road or highway to its former state as near as may be, so as not to impair its usefulness. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  157. 20995.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Municipal plans and specifications must be approved before work starts or a contract is let; if approval is not given within 30 days after request, the board of supervisors must stop the work in that municipality.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20995. The plans and specifications for any work proposed to be done, or improvements to be made, under this act, in any municipality in the district shall first be approved by the legislative body of such municipality before the commencement of such work or improvements, and before any contract shall be let therefor; provided, that in the event such legislative body shall refuse or neglect to approve the said plans and specifications for such work or improvement within 30 days after being requested by the board of supervisors so to do, then the board of supervisors shall omit the doing of such work or making of such improvements within such municipality, and such omission shall not affect the validity of its proceedings under this act, and the funds which were to be expended for such proposed work or improvement in the municipality may be expended elsewhere by the board of supervisors for carrying out the purposes of this act. For the Los Angeles County Flood Control District, the governing body of the district may delegate these duties to the chief engineer of the district on a project-by-project basis. This additional delegation right for the Los Angeles County Flood Control District shall remain in effect only until January 1, 2030. (Amended by Stats. 2020, Ch. 371, Sec. 25. (SB 1473) Effective January 1, 2021.)
  158. 20996.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The district’s governing body may, when asked and if it finds the project compatible with the district’s best interests, include covering or crossing facilities for flood control channels or storm drains in specifications and 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20996. The governing body of the district may, upon receiving request therefor, cause to be designed and inserted in the specifications and contract for any flood control channel or storm drain, as to any portion thereof planned to be constructed under this act as an open channel, provision for the construction in conjunction therewith of facilities for the covering or crossing over of any such portion, or a part of such portion if, in the judgment of the governing body, such crossing or covering will not impair the usefulness of the flood control channel or storm drain and will not be otherwise adverse to the best interests of the district; provided, however, that as to any such requested covering or crossing facilities the costs of design and construction are to be fully borne by the requesting party or parties. The governing body of the district may expend funds of the district for the construction of facilities for the covering or crossing over of any portion of existing flood control channels or storm drains of the district whenever it determines such expenditures to be in the best interests of the district. The district may also expend for such purpose any funds provided it by any local agency within the district for the construction of facilities for the covering or crossing over of any portion of existing flood control channels or storm drains of the district. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  159. 20997.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The district’s governing body may insert federally required terms into specifications and contracts for certain flood control work funded by U.S. money.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 67. Los Angeles County Flood Control District [20990 - 20998] ( Article 67 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 20997. The governing body of the district shall have full authority to cause to be inserted in specifications and contracts for any flood control work financed or paid for in whole or in part out of moneys obtained from the United States of America or any department or agency thereof as a loan, grant, or appropriation, the provisions or terms as may be prescribed by the United States of America or such department or agency as a condition upon which the federal funds are loaned, granted, or appropriated. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  160. 21000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21000. The provisions of this article shall apply to contracts by drainage districts as provided for in Chapter 354 of the Statutes of 1919. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  161. 21001.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board of supervisors may order the work to be done by resolution, and if it does so it must set a bid time and have the clerk give notice inviting sealed 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21001. By resolution or resolutions the board of supervisors may order the work to be done, and if it does so it shall fix a time for receiving proposals or bids for doing the work, and shall direct the clerk to give notice, inviting sealed proposals or bids. Such notice shall include a statement that the work is to be done under the provisions of the Drainage District Improvement Act of 1919 and according to the plans and specifications on file, except insofar as such plans and specifications were changed by the board of supervisors in conclusion of the hearing on the resolution of intention in said act provided; to which said act, to the resolution of intention and all proceedings had thereunder the attention of bidders is hereby directed, and which are by this reference made part of said notice. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  162. 21002.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Notices for sealed proposals or bids must be published twice, posted for five days, and bids must include approved bid security and be delivered to the board clerk.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21002. The notice inviting sealed proposals or bids shall be published by at least two insertions in the newspaper or newspapers designated in the resolution of intention, and (though it need not be simultaneously) a copy or copies of the same shall be posted and kept posted for five days, at or near the chamber door of the board of supervisors. All proposals or bids shall be accompanied by a check, payable to the county, certified by a responsible bank in an amount not less than 10 percent of the aggregate of the proposal or bid, or by a bond in such amount running to the county, signed by the bidder, with two sureties qualifying before an officer competent to administer oaths, each in said amount over and above all statutory exemptions, or executed by some bonding company acceptable to said board of supervisors. Said proposals or bids shall be delivered to the clerk of said board. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  163. 21003.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board must open and examine bids in open session, consider only bids with required security, and award or reject bids under the stated rules. The winning bidder must also pay publishing and posting costs before getting 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21003. The board shall, in open session, open and examine and declare the same. No proposal or bid shall be considered unless accompanied by such check or such bond in terms satisfactory to the board. The board may reject any and all proposals or bids should it deem it for the public good, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work to the lowest responsible bidder at the price named in his or her bid. A notice of such award, attested by the clerk of the board of supervisors shall be transmitted to the successful bidder by mail by the clerk of the board of supervisors, and shall also be published and posted in a manner herein provided as to the notice inviting proposals or bids. The check or bond accompanying such accepted proposal or bid shall be kept by the clerk of said board until the contract for doing said work, as hereinafter provided, has been entered into. Checks or bonds of unsuccessful bidders shall be returned by the clerk of said board. If said successful bidder fails, neglects or refuses for 15 days after being awarded the contract to execute the same, the certified check accompanying his bid, and the amount thereof shall be declared forfeited to the county, and may be collected by it and paid into the interest and sinking fund of the district, and any bond forfeited may be prosecuted, and the amount thereof collected and paid into said fund. Before being entitled to a contract the bidder to whom the award thereof has been made must advance and pay to the clerk of the board of supervisors, the costs and expenses of publishing and posting the resolutions, notices and orders required under this act to be made, which have been made, given, posted, or published in the proceeding. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  164. 21004.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    An interested person may file a written statement with the clerk of the board of supervisors within 10 days after the first publication of the 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21004. Any person interested in the said proceeding may at any time within 10 days from the first publication of the notice of award file with the clerk of the board of supervisors a statement in writing specifying any particulars in which he or she may be aggrieved by the said proposed work and any and all objections he or she may have to the regularity or legality of the proceedings theretofore had or taken. The failure to file such written statement shall constitute and be a complete waiving of each and every objection to the proceedings theretofore had or taken and an estoppel and bar to any and all claims that the same or any portion thereof have been or are irregular, illegal, defective, erroneous, or faulty; provided, that the resolution of intention provided for in Section 6 of Chapter 354 of the Statutes of 1919 has been adopted and published. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  165. 21005.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    If the awardee does not sign the contract within 20 days after the first notice of award, the board of supervisors may have the clerk issue a new notice and solicit bids 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21005. If for 20 days after the first publication of the notice of award, the awardee fails, neglects, or refuses to execute a contract for the same, the board of supervisors may direct the clerk of the board to give notice as in the first instance, inviting sealed proposals or bids, and thereupon after receiving bids shall award the contract as in the first instance; and the said board shall proceed in the same manner in the case of the default of a second or subsequent awardee. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  166. 21006.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The chairman of the board of supervisors may execute the contract and handle required bonds, and the contract must set the start and completion times for 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21006. The chairman of the board of supervisors is hereby authorized, in the name of the county to execute the contract with the awardee thereof, and to receive and approve all bonds required by this act on the part of the awardee, and shall, by the terms of said contract, fix the time for the beginning of the work, which shall not be more than 20 days from the date thereof. The contract shall provide that the work shall be prosecuted with diligence until completed, and shall fix a time for such completion. Such time of completion may be extended from time to time by the board of supervisors, in its discretion, and by resolution, entered by the clerk in the minutes of said board, a copy of which shall by said clerk be endorsed upon or annexed to the contract. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  167. 21007.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Before the contract is executed, a bond must be filed with the county for at least half the contract price, and the bond must be signed by the contractor and sureties.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21007. Before the execution of such contract, a bond shall be executed and filed, running to the county, in an amount not less than one-half of the contract price of the work, signed by the contractor and two or more sureties, who, unless surety companies, shall qualify before an officer entitled to administer the oath, in a sum aggregately equal to the amount of the bond, each surety in the amount for which he or she becomes surety. Such bond shall be conditioned for the faithful execution of the contract by the contractor, and for the payment by him or her for all labor and materials furnished for or in the doing of the work. The form and sufficiency of said bond shall be passed upon by some member of the board of supervisors, and such bond shall inure as well to the benefit of any and all persons furnishing labor or materials for the work as to that of the county. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  168. 21008.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The county must commit that, once the contractor completes the contract, the board of supervisors will take the steps allowed by the Drainage District Improvement Act of 1919 to issue bonds and provide for their payment. The contract must also say the county and its officers are not liable under it, except for official duties required by law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21008. By said contract the county shall undertake that the board of supervisors will, upon the fulfillment and performance of the contract on the part of the contractor, and under the provisions of the Drainage District Improvement Act of 1919 take all steps, in or by said act authorized to be taken, to effect the issuing by the county treasurer of the bonds in said act authorized to be issued, and provide a fund for their payment, as in or by said act prescribed. The contract shall state that in no case shall the county be liable thereunder, nor any officer thereof be beholden thereunder except for the discharge of official duty under the law. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  169. 21009.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    If a contractor defaults, the board of supervisors must give written notice, allow three days to fix the defects, and then may take over or relet the work; it must also forfeit the bond, sue on it, and send any recovered money to the district’s interest and sinking 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21009. If the contractor shall fail to begin in good faith the work provided for in said contract within the time in said contract set forth, or shall fail thereafter to prosecute said work in a workmanlike and diligent manner, or shall fail in any other respect to carry out the terms of said contract, then the board of supervisors shall cause written notice to be served upon said contractor, specifying the particular areas in which he or she is not fulfilling the requirements of said contract, and if for a period of three days thereafter said contractor shall fail to remedy the defects set forth in said notice, and to prosecute said work thereafter with diligence and in a workmanlike manner, then the board of supervisors shall either take over said contract and complete said work, or shall relet said contract, without the necessity of advertising for bids, and cause the work to be completed, and shall declare the bond given by said contractor forfeited and order suit brought thereon, and all moneys collected therefrom shall be paid into the interest and sinking fund of the district. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  170. 21010.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    If the contractor does not pay for labor or materials, the unpaid person may file a verified statement with the county treasurer within 90 days and may later sue on the bond within six months after filing.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21010. If the contractor fails to pay for any labor or material furnished for or in the doing of said work by any person, such person may within 90 days after the making of the final order hereinafter referred to, file with the county treasurer a verified statement of such facts, and such person may thereafter, within six months after the filing of such statement, bring an action on said bond in his or her own name, or if the person has assigned his or her claim, the action may be brought in the name of the assignee; provided, however, that the right of the county to recover on said bond shall be superior to the rights of any such person to recover thereon; provided, moreover, that if such statement shall be filed before the expiration of 20 days from the making of such final order, then the county treasurer shall be authorized to withhold from the contractor sufficient of the bonds, issued as herein provided, to satisfy said claim, and costs, which can reasonably be anticipated. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  171. 21011.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This section requires a final hearing process after the contractor’s completion declaration is filed, with notice, publication, posting, and opportunities for objections before the board decides whether the work was completed and how much bond funding is needed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21011. (a) As soon as in good faith may be done, there shall be filed with the clerk of the board of supervisors a declaration that the work has been completed according to the contract, together with an itemized statement of all the incidental costs and expenses of the work and the cost of the proceedings inclusive of the estimated cost of publishing the notice of final hearing hereinafter provided. The aggregate amount of such items shall be stated, and also the amount due under the contract; and also the gross sum for a bond issue representing the entire amount thereof, as claimed by the contractor. The said declaration and statements shall be signed and verified by the engineer of construction and by the contractor or by some person cognizant of the facts signing on his or her behalf and stating why he or she, instead of the contractor, so signs and verifies. Either signer may except from his or her signature and verification any amount or item to which he or she does not assent. The chairman of the board of supervisors shall fix a time for a hearing, to be known as the final hearing, for the purpose of determining whether the work shall be accepted as completed according to the contract, and for determining the aggregate amount for which bonds shall be issued representing the total costs of the work and the incidental costs and expenses of the work and the proceedings, all of which have been charged to and are payable by the contractor. Notice of such hearing shall be given and may, in form, and shall, in substance be as follows (filling the blanks): NOTICE OF FINAL HEARING. In the matter of Drainage District Improvement No. ____. Notice is hereby given that a final hearing in the above named matter will be had at the hour of ____m. on the ____ day of ____, 19__, at the chamber of the Board of Supervisors of the County of ____, State of California, for the purpose of determining whether the work done under the contract with under Resolution of Intention No. ____ in Drainage Improvement District No. ____ of the County of ____ shall be accepted as being performed according to the contract, and for determining the aggregate amount for which bonds shall issue representing the cost of such work, including the incidental costs and expenses of the work and the proceedings, of which a statement has been filed with the Clerk of said Board of Supervisors of the County of ____ to which statement the attention of all persons interested is hereby directed. of the Board of Supervisors of the County of ________ Attest: Clerk of said Board of Supervisors (b) Such notice shall be signed by the chairman of the board of supervisors and attested by the clerk of the board of supervisors and published by at least two insertions in the newspaper or newspapers designated in the resolution of intention, and a copy or copies thereof posted and kept posted for two days at or near the chamber door of the board of supervisors, the first day of such publication and that of such posting (they need not be simultaneous) to be not less than five days before the day in said notice specified for the hearing. Proof of such publication shall be made by affidavit or affidavits, and the same shall be filed. If a quorum is not present at the time specified in the notice of the hearing, the members of the board then present may continue the hearing; and at all stages the hearing may, by resolution entered in the minutes, be continued from time to time. At any time before the day in said notice specified for the hearing any property owner may file written objection to the acceptance of the work on the ground that the work has not been completed or done according to the contract, specifying in ordinary language the particulars in which the work has not been so completed or done. Any person interested in the proceeding, as of the interest of the contractor, shall be presumed to take issue with such objection and shall be heard accordingly. Questions as to the incidental costs or expenses of the work or the proceedings may be raised orally by any property owner within the district. Evidence may be adduced as to any of the matters to be determined, and in such order as the board may direct. If, when the matter has been fully heard, whether under, or in the absence of, objections, the board of supervisors is of the opinion that the work has not been completed or done according to the contract, it shall in writing specify what must be done in order to complete the work, and shall, by an order or resolution to be entered in its minutes, continue the further hearing of the whole matter to a specified day, expressly stating that such continuance is for the purpose of enabling the contractor to complete his or her contract. On said continued hearing, the objections to the work filed before the day of the first hearing shall continue in force, and evidence shall be received, if offered, as to what has been done by way of completing the contract in the particulars specified in the order of the board on the said continuance of the hearing. If, upon such continued hearing, the board is of the opinion that the work is still uncompleted in the particulars as to which it was ordered to be completed, it shall be discretional with said board to order or refuse a second continuance of the hearing. If the board does order such second continuance, it shall be ordered in the same manner, with like effect as upon the first continuance, and likewise as to a second and any other or further continuance. Objections to any item of incidental costs and expenses shall pend and be heard on said day, or at any continued hearing had as above in this section provided. Every continuance of said hearing for the purpose of enabling the contractor to complete his or her contract or the work shall continue or revive such powers in the proceeding as the board of supervisors had under the provisions of this act, at the time of the filing of the contractor’s declaration that the work was completed, as above provided, and also operate to extend the time for the completion of said contract in such manner that its completion within the time to which the hearing is continued, shall be as valid performance of such contract as if completed at the time of filing such declaration. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  172. 21012.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    If the board finds the work complete under the contract, it must record that finding, accept the work, state the relevant amounts, and order the bonds issued.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21012. Whenever upon the hearing in Section 21011 provided, whether original or continued, the board shall be of the opinion that the work has been completed and done according to the contract, said board shall by resolution to be entered upon its minutes so declare, and shall in said resolution declare that the work is accepted and the amount of the contract price for doing the work and the amount of the incidental costs and expenses of the work and proceedings and the aggregate amount for which bonds are to be issued and shall make final order that bonds be issued therefor as hereinafter provided. The decision and determination of said board at the hearing provided for in Section 21011 shall, as to all matters determined at said hearing and as to all errors, informalities, irregularities, or omissions which said board might have avoided or remedied during the progress of the proceedings, or which it can at that time remedy, be final and conclusive upon all persons entitled to be heard before said board on said matters, and no assessment or tax levied for the payment of the bonds, and the interest thereon, to be issued for said work and expenses, shall be held invalid by any court for any error, informality, omission, or other defect in the proceedings where the resolution of intention has been actually published as in this act provided, before the said board shall have ordered the work to be done. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  173. 21013.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    If a court or the board finds an invalid drainage-district contract or bond proceeding but qualifying work was done in good faith, new bonds may be issued to cover the reasonable value of that 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 68. Drainage Districts [21000 - 21013] ( Article 68 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21013. (a) Whenever any court of competent jurisdiction shall determine that any contract purporting to have been made, or any proceedings, steps or actions purporting to have been taken, or any bond or bonds issued under this act, is or are void, invalid or unenforceable, or shall for any cause enjoin the issuance of any bonds proposed to be issued under this act, or shall enjoin the performance of the work or improvement or the making of an assessment upon the lands within the district, or shall quiet title of any lot or parcel of land against the lien of any such bonds or assessments, said court shall also determine whether any work has been done or improvements have been made in good faith by any contractor under said invalid contract or proceeding or under any contract pursuant to which bonds were issued, or are proposed to be issued, and if so what part, if any, of said work or improvement was of such kind as might have been ordered under the provisions of this act. If the court shall find that any work or improvement of such kind as might have been ordered under this act has been done or performed in good faith by any contractor under or in pursuance to a contract purporting to have been made under the provisions of this act, then the said court shall direct the board of supervisors, who conducted the proceeding, to take proceedings as in this section provided for the issuing of new bonds to cover the reasonable value of said work or improvement. The board of supervisors may also without any decree of court, upon written application of a contractor, who may have done or performed in good faith any work or improvement pursuant to a contract purporting to have been made under this act, or of the assignee of such contractor, after the work or improvement shall have been accepted, determine that the proceeding authorizing said work or improvement or the acceptance thereof are for any reason invalid, and direct that new proceedings be initiated as provided in this section for the issuance of bonds to cover the reasonable value of so much of said work or improvement as is of a kind which might have been ordered and performed under this act. (b) It is hereby declared to be the true intent and meaning of this section to make the cost and expenses of all work or improvements made or to be made through an attempted compliance with the provisions of this act payable by the lands benefited or to be benefited by such work or improvement, by the issuance of new bonds to defray the expenses thereof, but that all payments of principal or interest on void or unenforceable assessments or bonds shall be credited to the property against which they were assessed or attempted to be assessed. (c) Upon a decree of court or an order of the board of supervisors having been made as above provided, said board shall cause to be made by the county surveyor, or some other county officer or by some other competent person appointed by it for that purpose, a report for a proposed new bond issue. Said report shall set forth a description of the work or improvement done or performed by said contractor or his or her assignee pursuant to the contract referred to in said decree of court or order of the board, which work or improvement has been found by said court or said board to be of such kind as might have been ordered under this act, and shall state the reasonable value of said work or improvement (which shall not exceed the aggregate of the original contract price for said work or improvement, together with the incidental expenses of the original proceedings for said work or improvement, and if the work or improvement has been accepted it shall also include interest upon said total from the date of the original acceptance of said work or improvement by the board of supervisors at the same rate proposed for the new bond issue). Said report shall contain a description of the district benefited by said improvement. In the event that the original proceedings contemplated an assessment upon lands within the district in accordance with the provisions of Section 12 of Chapter 354 of the Statutes of 1919 of this act then said report shall contain a proposed assessment of each separate parcel of land within the district benefited by said improvement, which assessment shall conform as nearly as may be with the report required by Section 12 of Chapter 354 of the Statutes of 1919 hereof, and shall be accompanied by a map or plat as therein provided. (d) In the event any payments have been made on the principal or interest of any bonds previously issued, which have been declared invalid, by the payment of any special assessment taxes, by the owners of land within the assessment district, the amounts of such payments shall be ascertained and deducted from the amount for which new bonds are to be issued under this section and said report shall set forth the amount of the payments made and state that a credit or offset is to be made for said amount in the issuance of such new bonds. (e) Upon the filing of said report the board of supervisors shall fix a day, hour, and place, for a hearing thereon, which time shall not be less than 20 days after the time of filing said report, and shall direct the clerk of the board to give notice of the filing of the report and of the hearing. The clerk shall thereupon cause notice of the time and place of such hearing to be given by publication in the newspaper designated in the resolution of intention by at least two insertions therein not more than eight days apart. When, before the day of hearing specified in said notice, 20 days, including Sundays and holidays, have elapsed since the first publication of said notice the board of supervisors shall have acquired power to proceed with such hearing. Said notice shall state the fact of the filing of said report and shall contain (a) a general description of the location and extent of the work or improvement sufficient to identify the same; (b) a description of the district benefited by said work or improvement as contained in said report; (c) either a statement that said report contains an assessment proposed to be levied on each separate parcel of land within said district to retire the bonds proposed to be issued and to pay the interest thereon for each year during which said assessment shall continue, or a description of the zones, if any, into which such district is to be divided, and a statement of the percentage to be raised from the land in each of such zones each year for the payment of the installments of principal and interest on the bonds proposed to be issued; (d) a statement of the reasonable value of the work or improvement together with the incidental expenses of the original proceedings and the amount of interest, if any, upon said total; (e) the amount of the payments of principal or interest made upon the bonds previously issued, if any, and the credit or offset to be deducted in the issuance of such new bonds; (f) the total amount of the proposed new bond issue and a description of the bonds proposed to be issued, which bonds shall be as nearly as possible the same as to maturity, rate of interest, and other particulars as the bonds described in the original proceedings for said work or improvement, correcting any errors or irregularities, that may have existed in the bonds in said original proceedings. (f) Said notice shall advise all persons interested that at the time fixed for the hearing of the report or at the time to which the hearing may be continued any person may appear and be heard upon any of the matters set forth in the report. The board of supervisors shall have power to confirm said report and to revise, correct, or modify the same in respect to any of the matters therein contained either as to the amount or character of the work or improvement done or the reasonable value thereof, the extent of the district to be benefited thereby, the amount of assessment levied upon any particular parcel of land within such district, the zones, if any, into which said district is divided, the percentages to be raised in each or any of said zones, the amount of deductions or offsets by reason of payments of principal or interest upon previously issued bonds, the amount of the bonds proposed to be issued, the maturity or rate of the interest thereon, or as to any other matter set forth in said report. (g) At the conclusion of the hearing the board of supervisors shall adopt a resolution declaring its findings and determinations in the matter, which shall be final and conclusive upon all persons in all proceedings as to all matters so found and determined. If no changes are made in the matters set forth in said report it shall be sufficient in said resolution to declare that said report is confirmed and that bonds shall be issued as therein provided, but if any changes are made such changes shall be set forth and it may be declared that said report is confirmed as so modified by the changes set forth. The clerk of the board of supervisors shall transmit an attested copy of said resolution to the treasurer and upon receipt of the same the treasurer shall immediately proceed to issue the bonds as therein ordered, which said bonds shall be dated as of the date of the adoption of said resolution. Said bonds shall be issued and signed in all respects by the same officers and in the same manner and form as if issued pursuant to the provisions of Section 16 of Chapter 354 of the Statutes of 1919. Said bonds by their issuance shall be conclusive evidence of the regularity of all proceedings prior thereto under this act and after the same are issued no assessment or tax levied or collected for the purpose of paying the principal or interest on said bonds shall be held illegal or set aside or refunded by reason of any error, informality, irregularity, omission, or defect in any of the proceedings prior to the issuance of said bonds, nor shall any action or proceedings be thereafter commenced or maintained to cancel or set aside said bonds or prevent the payment thereof or the levy, collection or enforcement of any assessment or taxes for such payment. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  174. 21020.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by the Orange County Flood Control 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21020. The provisions of this article shall apply to contracts by the Orange County Flood Control District, as provided for in Chapter 723 of the Statutes of 1927. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  175. 21020.2.

    ## 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    For qualifying district work and purchases, the board must advertise and award larger contracts to the lowest responsible bidder, but it can use force account or direct open-market purchase in listed exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21020.2. All contracts for any improvement or unit of work, except as provided in this article, estimated to cost in excess of ten thousand dollars ($10,000), shall be let to the lowest responsible bidder in the manner provided in this article. The board of supervisors of the district shall advertise by five or more insertions in a daily newspaper of general circulation, or by two or more insertions in a weekly newspaper of general circulation, printed and published in the district, inviting sealed proposals for the construction or work of the proposed improvement or work and may let by contract separately, any part of the work or improvement. The board shall have the right to reject any bids not suitable to the best interests of the district. In the event all proposals are rejected, or no proposals are received pursuant to advertising, or the estimated cost of the work does not exceed ten thousand dollars ($10,000), or the work consists of channel protection, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. 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). The district shall have power to purchase in the open market, without advertising for bids, materials and supplies for use in any work being done by it either under contract or by force account whenever the estimated costs of the materials or supplies do not exceed five thousand dollars ($5,000); and provided further, that in case of emergency work, the district shall have the power to purchase in the open market, without advertising for bids therefor, materials and supplies for use in any work, even though the cost thereof should exceed five thousand dollars ($5,000). (Amended by Stats. 1994, Ch. 803, Sec. 21. Effective January 1, 1995.)
  176. 21020.5.

    ## 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Improvements funded by voted bonds must follow the adopted report, plans, specifications, and map unless the work is prohibited by law or no longer serves the district’s best interests because conditions have changed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21020.5. Any improvement for which bonds are voted under the provisions of the act shall be made in conformity with the report, plans, specifications, and map theretofore adopted, as above specified, unless the doing of any of the work described in the report shall be prohibited by law, or be rendered contrary to the best interests of the district by some change of conditions in relation thereto, in which event the board of supervisors may, by a vote of four-fifths of all the members thereof, order necessary changes made in the proposed work or improvements, and may cause new plans and specifications to be made and adopted therefor. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  177. 21020.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Work or improvements may be placed in or across public roads or highways in Orange County if done safely, and the district’s board of supervisors must restore any affected road or highway as nearly as possible to its former condition.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21020.8. Any work or improvements provided for in the act may be located, constructed, and maintained in, along, or across any public road or highway in the County of Orange, in the manner as to afford security for life and property, but the board of supervisors of the district shall restore or cause to be restored any public road or highway to its former state as near as may be, so as not to impair its usefulness. (Amended by Stats. 2006, Ch. 538, Sec. 555. Effective January 1, 2007.)
  178. 21020.9.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Municipal plans and specifications must be approved by the municipality’s legislative body before the work starts or a contract is let.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21020.9. The plans and specifications for any work proposed to be done, or improvements to be made, under the act, in any municipality in the district shall first be approved by the legislative body of the municipality before the commencement of the work or improvements, and before any contract shall be let therefor; provided, that in the event the legislative body shall refuse or neglect to approve the plans and specifications for the work or improvement within 30 days after being requested by the board of supervisors so to do, then the board of supervisors shall omit the doing of the work or making of the improvements within the municipality, and the omission shall not affect the validity of its proceedings under the act, and the funds which were to be expended for the proposed work or improvement in the municipality may be expended elsewhere by the board of supervisors for carrying out the purposes of the act. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  179. 21021.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    For district construction or improvement contracts, the contract must comply with Chapter 303 of the Statutes of 1919, as amended, and the district’s board of supervisors must require the contractor to post performance and payment 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21021. Every contract entered into by the district for construction or improvements shall be subject to the provisions of Chapter 303 of the Statutes of 1919, as amended; and the board of supervisors of the district shall require the contractor to file with it good and sufficient bonds conditioned upon the faithful performance of the contract and upon the payment of all claims for labor and material in connection therewith in accordance with the provisions of that act. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  180. 21022.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The engineer must enter into the contract and, when confirmed, record the assessment and warrant in the engineer’s office.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21022. The contract shall be entered into by the engineer, and the assessment and warrant, when confirmed, shall be recorded in the office of the engineer. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  181. 21023.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The district’s governing body may require federal terms to be inserted into specifications and contracts for certain flood control work funded by U.S. money.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21023. The governing body of said district shall have full authority to cause to be inserted in specifications and contracts for any flood control work financed or paid for in whole or in part out of moneys obtained from the United States, or any department or agency thereof, as a loan, grant or appropriation, such provisions or terms as may be prescribed by the United States, or such department or agency, as a condition upon which such federal funds are loaned, granted, or appropriated. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  182. 21024.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    The board of supervisors may have necessary emergency work done by negotiated contract without 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 69. Orange County Flood Control District [21020 - 21024] ( Article 69 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21024. Emergency work, found by the board of supervisors to be necessary, may be done by negotiated contract without advertising for bids. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 22. Effective January 1, 1995.)
  183. 21030.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 70. American River Flood Control District [21030 - 21031] ( Article 70 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This section says the article applies to contracts made by the American River Flood Control 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 70. American River Flood Control District [21030 - 21031] ( Article 70 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21030. The provisions of this article shall apply to contracts by the American River Flood Control District, as provided for in Chapter 808 of the Statutes of 1927. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  184. 21031.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 70. American River Flood Control District [21030 - 21031] ( Article 70 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    For district improvement or repair work over $25,000, the work must generally be contracted out and awarded to the lowest responsible bidder after public 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 70. American River Flood Control District [21030 - 21031] ( Article 70 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21031. (a) In all work of improvement or repair of any of the works or property of the district and in the furnishing of materials or supplies therefor, when the expenditures required exceed twenty-five thousand dollars ($25,000), the work shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of general circulation published in the district for at least two insertions in a weekly newspaper or at least 10 insertions in a daily newspaper; the notices shall state the work contemplated or the materials or supplies required, or both. The board of trustees may reject any bid presented and readvertise in their discretion. The board may declare and determine that in its opinion the work in question can be performed more economically by day labor or the materials or supplies can be furnished at a lower price in the open market, and they may proceed to have the work done or the materials purchased without further observance of the foregoing provisions of this section. (b) In case of an emergency, the board of trustees may declare a state of great public emergency and proceed to have all necessary work done and materials and supplies furnished without further observance of the foregoing provisions of this section. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (c) None of the foregoing provisions of this section apply to work done by contract with the United States, the State of California, or any political subdivision, or public agency thereof. Any work of improvement or repair provided for in this article may be located, constructed and maintained in, along, or across any railroad, public road, or highway in the County of Sacramento, in a manner that ensures security for life and property. The board of trustees shall restore or cause to be restored the road or highway to its former state as near as possible to preserve its usefulness. (Amended by Stats. 1998, Ch. 142, Sec. 9. Effective January 1, 1999.)
  185. 21050.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 72. Municipal Water Districts [21050 - 21051] ( Article 72 added by Stats. 1984, Ch. 1128, Sec. 69. )

    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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 72. Municipal Water Districts [21050 - 21051] ( Article 72 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21050. The provisions of this article shall apply to contracts by municipal water districts, as provided for in Chapter 78 of the Statutes of 1935. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  186. 21051.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 72. Municipal Water Districts [21050 - 21051] ( Article 72 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Contracts for certain waterworks-related work must go to the lowest responsible bidder, and the city’s legislative body must advertise for sealed bids first.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 72. Municipal Water Districts [21050 - 21051] ( Article 72 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21051. All contracts for the construction or extension of any waterworks, water system or water distribution system, or for furnishing labor, materials or supplies therefor as herein provided, shall be let to the lowest responsible bidder. The legislative body of such city shall advertise for two or more days in a newspaper of general circulation printed and published in such city, inviting sealed proposals for furnishing labor, materials and supplies for the proposed waterworks, water system or water distribution system before any contract shall be made therefor. The said legislative body 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; provided, however, that nothing herein contained shall be construed as prohibiting the municipality itself from constructing or extending such waterworks, water system, or water distribution system and employing the labor necessary therefor, without a contractor; and provided further, that in municipalities operating under a charter heretofore or hereafter framed under the provisions of the Constitution of the State of California, all acts required to be performed subsequent to the sale of such bonds by this act, shall be done and performed by the proper body, board, officer, or commission of such municipality, as is required or authorized by such charter to perform such acts, and in case such charter also prescribes the manner of letting and entering into contracts for the furnishing of labor, materials, or supplies for the constructing or extending of such waterworks, water system, or water distribution system, the contracts therefor shall be let and entered into in conformity with such charter. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  187. 21060.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 73. San Bernardino County Flood Control District [21060 - 21061] ( Article 73 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by the San Bernardino County Flood Control 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 73. San Bernardino County Flood Control District [21060 - 21061] ( Article 73 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21060. The provisions of this article shall apply to contracts by the San Bernardino County Flood Control District, as provided for in Chapter 73 of the Statutes of 1939. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  188. 21061.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 73. San Bernardino County Flood Control District [21060 - 21061] ( Article 73 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    For district improvement or work contracts over $25,000, the board must use the lowest responsible bidder process, advertise for sealed bids, and require performance/payment bonds, subject to stated exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 73. San Bernardino County Flood Control District [21060 - 21061] ( Article 73 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21061. (a) All contracts for any improvement or unit of work, except as provided in this article, estimated to cost in excess of twenty-five thousand dollars ($25,000), shall be let to the lowest responsible bidder in the manner provided in this article. (b) The board of supervisors of the district shall advertise by five or more insertions in a daily newspaper of general circulation, or by two or more insertions in a weekly newspaper of general circulation, printed and published in the district, inviting sealed proposals for the construction of the improvement or work. The board shall require the successful bidder or bidders to file with the board good and sufficient bonds, to be approved by the board, conditioned upon the faithful performance of the contract and upon the payment of all claims for labor and material, the bonds to contain the terms and conditions set forth in Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code and to be subject to that chapter. (c) The board may also reject any bid not suitable to the best interests of the district. If all proposals are rejected or no proposals are received pursuant to advertisement therefor, or the work consists of channel protection, dam protection, temporary work, maintenance work, or of emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. Emergency work may also be done by negotiated contract without advertising for bids or requiring bonds. 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). (d) The board of supervisors, acting as the board of the district, may, by ordinance, resolution, or board order, authorize the flood control engineer or other county officer to order changes or additions in work being performed under a construction contract. When so authorized, any change or addition in the work shall be ordered in writing by the flood control engineer, or other designated officer, and the extra cost for any change or addition to the work so 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). 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). (Amended by Stats. 2010, Ch. 697, Sec. 56. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  189. 21070.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. )

    Verify source ↗

    This article applies to contracts made by the Ventura County Watershed Protection 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. ) ## 21070. The provisions of this article shall apply to contracts by the Ventura County Watershed Protection District, as provided for in Chapter 44 of the Statutes of the 1944 Fourth Extraordinary Session. (Amended by Stats. 2006, Ch. 67, Sec. 2. Effective January 1, 2007.)
  190. 21071.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. )

    Verify source ↗

    Contracts over $10,000 generally must be awarded to the lowest responsible bidder, with public notice and bidding procedures, but some work and purchases can be made without bids under stated exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. ) ## 21071. (a) All contracts for any improvement or unit of work except as provided in this article estimated to cost in excess of ten thousand dollars ($10,000) shall be let to the lowest responsible bidder in the manner provided in this article. The board of supervisors of the district shall advertise by three insertions in a daily newspaper of general circulation or two insertions in a weekly newspaper of general circulation printed and published in the district inviting sealed proposals for the construction of, the improvement or work before any contract shall be made for the improvement or work, and may let by contract separately any part of the work or improvement. The board shall require the successful bidder to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of their claims for labor and material in connection with the contract. The bonds shall contain the terms and conditions set forth in Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code and be subject to the provisions of that chapter. The board shall also have the right to reject any and all bids. If all proposals are rejected or no proposals are received pursuant to the advertisement, the estimated cost of the work does not exceed the sum of ten thousand dollars ($10,000), or the work consists of channel protection, maintenance work, or emergency work when necessary in order to protect life and property from impending flood damage, the board of supervisors may, without advertising for bids, have the work done by force account or negotiated contract. (b) The district shall have the power to purchase in the open market without advertising for bids, materials, supplies, equipment, and other personal property for use in any work either under contract or by force account if the costs do not exceed ten thousand dollars ($10,000). It shall be the duty of the purchasing agent of Ventura County, as the ex officio purchasing agent of the Ventura County Watershed Protection District, unless otherwise ordered by the board of supervisors, to purchase for the district all materials, supplies, equipment, and other personal property necessary to carry out the purposes of this article, and to engage independent contractors to perform sundry services for the district, if the aggregate cost of such work, exclusive of materials to be furnished by the district, does not exceed ten thousand dollars ($10,000). (c) The purchasing agent shall make all purchases and contracts upon proper requisition, signed by the engineer-manager of the district, or his or her authorized representative. (d) If the work consists of the maintenance or alteration of existing facilities, including electrical, painting, and roofing if the cost of labor and materials for the work according to the engineer’s estimate will exceed five thousand dollars ($5,000), and if the work is not of the type of work referred to in this section, the maintenance and alteration work shall be performed under a contract or contracts that shall be let to the lowest responsible bidder or bidders in the manner described in this section. (Amended by Stats. 2010, Ch. 697, Sec. 57. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  191. 21072.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. )

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    In an emergency, emergency work may be done by negotiated contract without bidding or bonds, and the board of supervisors must follow Chapter 2.5 if bids will not be noticed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 74. Ventura County Watershed Protection District [21070 - 21072] ( Heading of Article 74 amended by Stats. 2006, Ch. 67, Sec. 1. ) ## 21072. (a) Emergency work may be done by negotiated contract without advertising for bids or requiring bonds. (b) In case of an emergency, if notice for bids to let contracts will not be given, the board of supervisors shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 2006, Ch. 67, Sec. 4. Effective January 1, 2007.)
  192. 21080.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 75. Humboldt County Flood Control District [21080 - 21081] ( Article 75 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    This article applies to contracts made by the Humboldt County Flood Control 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 75. Humboldt County Flood Control District [21080 - 21081] ( Article 75 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21080. The provisions of this article shall apply to contracts by the Humboldt County Flood Control District, as provided for in Chapter 939 of the Statutes of 1945. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  193. 21081.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 75. Humboldt County Flood Control District [21080 - 21081] ( Article 75 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    The board must use bidding and advertising procedures for qualifying work, require bonds from the successful bidder, and may reject bids. It may also split the work or use force account in specified cases, and the district may buy materials 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 75. Humboldt County Flood Control District [21080 - 21081] ( Article 75 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21081. All contracts for any improvement or unit of work, when the cost, according to the estimate of the engineer, will exceed five thousand dollars ($5,000), shall be let to the lowest responsible bidder or bidders in the manner provided in this article. The board shall first determine whether the contract shall be let as a single unit for the whole of the work, or shall be divided into severable parts, or both, according to the best interests of the district. The board shall call for bids and advertise the call by three insertions in a daily newspaper of general circulation or by two insertions in a weekly newspaper of general circulation printed and published in the district inviting sealed proposals for the construction or performance of the improvement or work before any contract is made. The call for bids shall state whether the work is to be performed as a unit or divided into severable specific parts, or both, as stated in the call. The board may let the work by single contract for the whole or it may divide such work into severable parts by separate contracts, as stated in such call, according to the best interests of the district. The board shall require the successful bidder or bidders to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of their claims for labor and material, the bonds to contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and to be subject to the provisions of that title. The board shall also have the right to reject any bid. In the event all proposals are rejected or no proposals are received pursuant to advertisement, or the estimated cost of such work does not exceed five thousand dollars ($5,000), or the work consists of channel protection, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. The district may purchase in the open market, without advertising for bids, materials and supplies for use in any work either under contract or by force account. (Amended by Stats. 2010, Ch. 697, Sec. 58. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  194. 21090.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 76. Riverside County Flood Control and Water Conservation District [21090 - 21091] ( Article 76 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by the Riverside County Flood Control and Water Conservation 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 76. Riverside County Flood Control and Water Conservation District [21090 - 21091] ( Article 76 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21090. The provisions of this article shall apply to contracts by the Riverside County Flood Control and Water Conservation District, as provided for in Chapter 1122 of the Statutes of 1945. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  195. 21091.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 76. Riverside County Flood Control and Water Conservation District [21090 - 21091] ( Article 76 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    Contracts over $15,000 generally must be awarded to the lowest responsible bidder, with public bidding and advertised sealed 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 76. Riverside County Flood Control and Water Conservation District [21090 - 21091] ( Article 76 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21091. All contracts for any improvement or unit of work, except as otherwise provided in this act, estimated to cost in excess of fifteen thousand dollars ($15,000) shall be let to the lowest responsible bidder in the manner provided in this article. The board of supervisors of the district shall advertise by three insertions in a daily newspaper of general circulation or two insertions in a weekly newspaper of general circulation printed and published in the district inviting sealed proposals for the construction of the improvement or work before any contract is made, and may let by contract separately any part of the work or improvement. The board shall require the successful bidder to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of their claims for labor and material. The bonds shall contain the terms and conditions set forth in Sections 10223 and 10224, and Section 9554 of the Civil Code and be subject to those sections. The board shall also have the right to reject any bid. If all proposals are rejected or no proposals are received pursuant to advertisement, or where the estimated cost of the work does not exceed fifteen thousand dollars ($15,000), or the work consists of channel protection, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. 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). The district may purchase in the open market, without advertising for bids, materials and supplies for use in any improvement or unit of work either under contract or by force account. (Amended by Stats. 2010, Ch. 697, Sec. 59. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  196. 21100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. )

    Verify source ↗

    This article applies to contracts made by the San Luis Obispo County Flood Control and Water Conservation 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21100. The provisions of this article shall apply to contracts by the San Luis Obispo County Flood Control and Water Conservation District, as provided for in Chapter 1294 of the Statutes of 1945. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  197. 21101.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    For district improvement or work contracts over $5,000, the board must determine how to package the work, call for and advertise bids, and require bonds from the successful bidder; it may reject bids, use force account in certain cases, and the district may buy materials and supplies in the open market 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21101. All contracts for any improvement or unit of work, when the cost, according to the estimate of the engineer, will exceed five thousand dollars ($5,000), shall be let to the lowest responsible bidder or bidders in the manner provided in this article. The board shall first determine whether the contract shall be let as a single unit for the whole of the work, or shall be divided into parts, or both, according to the best interests of the district. The board shall call for bids and advertise the call by three insertions in a daily newspaper of general circulation or two insertions in a weekly newspaper of general circulation printed and published in the district inviting sealed proposals for the construction or performance of the improvement or work before any contract shall be made. The call for bids shall state whether the work is to be performed as a unit or is to be divided into severable specific parts, or both, as stated in the call. The board may let the work by single contract for the whole as a unit or it may divide the work into severable parts by separate contracts, as stated in the call, according to the best interests of the district. The board shall require the successful bidder or bidders to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of their claims for labor and material, the bonds to contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and to be subject to the provisions of that title. The board shall also have the right to reject any bid. In the event all proposals are rejected or no proposals are received pursuant to advertisement, or the estimated cost of the work does not exceed five thousand dollars ($5,000), or the work consists of channel protection, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by force account. 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). The district shall have the power to purchase in the open market without advertising for bids, materials and supplies for use in any work either under contract or by force account. (Amended by Stats. 2010, Ch. 697, Sec. 60. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  198. 21102.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    The board may insert federal funding conditions into specifications and contracts for certain flood control or other 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 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 77. San Luis Obispo County Flood Control and Water Conservation District [21100 - 21102] ( Article 77 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21102. The board shall have full authority to cause to be inserted in specifications and contracts for any flood control or other work financed or paid for in whole or in part out of moneys obtained from the United States, or any department or agency thereof, as a loan, grant, or appropriation, such provisions or terms as may be prescribed by the United States, or such department or agency, as a condition upon which such federal funds are loaned, granted, or appropriated. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  199. 21110.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 78. Santa Barbara County Water Agency [21110 - 21112] ( Article 78 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    This article applies to contracts made by the Santa Barbara County Water Agency.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 78. Santa Barbara County Water Agency [21110 - 21112] ( Article 78 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21110. The provisions of this article shall apply to contracts by the Santa Barbara County Water Agency, as provided for in Chapter 1501 of the Statutes of 1945. (Added by Stats. 1984, Ch. 1128, Sec. 69.)
  200. 21111.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 78. Santa Barbara County Water Agency [21110 - 21112] ( Article 78 added by Stats. 1984, Ch. 1128, Sec. 69. )

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    For certain agency construction contracts over $10,000, the board must solicit sealed bids and award to the lowest responsible bidder, with specified bonding and emergency exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1.5. Water District Acts [20930 - 21641] ( Chapter 1.5 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## ARTICLE 78. Santa Barbara County Water Agency [21110 - 21112] ( Article 78 added by Stats. 1984, Ch. 1128, Sec. 69. ) ## 21111. (a) All contracts for the construction of any unit of work, except as provided in this article, estimated to cost in excess of ten thousand dollars ($10,000) shall be let to the lowest responsible bidder in the manner provided in this article. The board of directors of the agency shall advertise by three insertions in a daily newspaper of general circulation or two insertions in a weekly newspaper of general circulation published in the agency’s jurisdiction inviting sealed proposals for the construction of the work before any contract shall be made, and may let by contract separately any part of the work. The board shall require the successful bidder to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of the claims for labor and material. The faithful performance bond shall contain terms and conditions as the board may specify, and the payment bond shall be subject to the provisions of, and shall contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, as applicable. The board shall also have the right to reject any bid, in which case the board may advertise for new bids. In the event no proposals are received pursuant to advertisement, or where the estimated cost of the work does not exceed ten thousand dollars ($10,000), or the work consists of emergency work, the board of directors by unanimous vote of all members present may, without advertising for bids, have the work done by force account. 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). The agency may purchase in the open market, and may authorize the Purchasing Agent of the County of Santa Barbara to purchase, without advertisement for bids, materials and supplies for use in any work either under contract or by force account. (b) If the work to be performed by or on behalf of the agency does not involve an expenditure of ten thousand dollars ($10,000) or more, or if the work consists of emergency work, the agency may require a faithful performance bond. The agency may require a payment bond on work performed on behalf of the agency which does not involve an expenditure of more than ten thousand dollars ($10,000). (Amended by Stats. 2010, Ch. 697, Sec. 61. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)

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