PUBLIC WORKS STATUTES APPLICABLE TO CITIES

Be aware that there are numerous exceptions to the statutes that are listed here.  If the city is a charter city, most of these statutes will be inapplicable.  Also, if the city council is acting in the role of board of a special district, or if it is acting pursuant to an act such as the various Improvement Acts, different statutes will apply. 

The California Senate's online code service does not currently support hyperlinks directly to individual code sections.  To view these sections in their entirety, click here, check the name of the code, and enter the section number.  You can review the California Code of Regulations by clicking here.

APPRENTICESHIP STANDARDS - Labor Code §1777.5

ARCHITECTS and DESIGN PROFESSIONALS

Contracts - Public Contract Code §20103.6

Indemnity - Civil Code §2782.8

Selection - Government Code §§4525 et seq., 4529.12

BIDDING

Addenda - Public Contract Code §4104.5

Advertisement, manner of - Public Contract Code §§20164, 20165

Alternate Bids - Public Contract Code §20103.8

Bid Security - Public Contract Code §20170-74

Damages for disappointed bidder(s) - Public Contract Code §20104.70

Exceptions

Correctional facilities - Public Contract Code §20168.5, 20169

Day labor / force account - Public Contract Code §20167

Emergencies - Public Contract Code §20168

No Bids - Public Contract Code §20166

Error, Claim of - Public Contract Code §§4107.5, 5100 et seq.

Improper Award - Public Contract Code §5110

Informal Bidding Act - see UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT, below

Internet Bidding - Civil Code §1633.1 et seq.; Public Contract Code §1601

Late Bids - Public Contract Code §4104.5

Limits - Public Contract Code §§20162, 20163

Noncollusion Declaration - Public Contract Code §7106

Opening Bids - Government Code §53068

"Or Equal" Requirement - Government Code §4333, Public Contract Code §3400

Penalties - Public Contract Code §20163

Pre-Bid Conferences - Public Contract Code §6610

Prequalification - Public Contract Code §§4107(a)(9), 20101

Protests - Public Contract Code §5110

Rejecting - Public Contract Code §20166, 20167

Responsible Bidder, definition of - Public Contract Code §1103

Subcontractor Listing Requirements - Public Contract Code §§4100 et seq.

Surety Requirements - Code of Civil Procedure §§995.120 et seq.

Tie Bids - Public Contract Code §20166

Uniform Public Construction Cost Accounting Act - see UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT, below

BONDS

Bid - Public Contract Code §20170

Payment - Civil Code §§3247-48

Release - Civil Code §3196

Public agencies have the discretion to refuse release bonds.  We advise always consulting with counsel before making this decision, because there are fairly significant risks involved.

Subcontractor - Public Contract Code §4108

Sureties, ensuring status of - Code of Civil Procedure §995.311

BONUSES

            Cost Reduction - Public Contract Code §7101

            Early Completion - Government Code §53069.85

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) - Public Resources Code §21000, et seq.

CALIFORNIA-PRODUCED MATERIALS - Government Code §§4330 et seq.

CHANGE ORDERS

Improvement Act of 1911 - Public Contract Code §20452-53, 20455

CHARTER CITIES - Public Contract Code §1100.7

CLAIMS

Alternate dispute resolution (mandatory for claims of $375,000 or less) - Public Contract Code §§20104 et seq.

Waiver of, upon receipt of payment - Public Contract Code §7100

CONSTRUCTION MANAGEMENT, selection of - Government Code §§4525 et seq.

COST REDUCTION, Bonus for - Public Contract Code §7101

DAMAGES, caused by

Act of God - Public Contract  Code §7105

Delay - Public Contract Code §7102

Improper award – Public Contract Code §5110

DELAY, damages for - Public Contract Code §7102

DISABLED ACCESS - Government Code §4450, 4500

DISABLED VETERANS, contracts with - Public Contract Code §2001

EARLY COMPLETION, Bonus for - Government Code §53069.85

EMERGENCIES, definition of - Public Contract Code §§1102, 20168, 22050

Termination - Government Code §§4400 et seq.

ENERGY

Alternate Sources - Government Code §§4217.10 et seq.

Cogeneration - Government Code §§4217.10 et seq.

Conservation - Government Code §§4217.10 et seq.

Efficiency - Education Code §17077.10

ENVIRONMENTAL REQUIREMENTS

Changes for - Public Contract Code §7105

General - see California Environmental Quality Act, above

ESCROW ACCOUNTS - Public Contract Code §22300

EXPENSE RECORDS - Government Code §§4000 et seq.

EXCAVATION  - Government Code §§4216 et seq.

FISH AND GAME PROJECTS - Public Contract Code §20165

HAZARDOUS MATERIALS - Education Code §17210 et seq.; Public Contract Code §7104

IMPROPER AWARD - Public Contract Code §5110

INDEMNITY - Civil Code §§2782, 2782.8; Public Contract Code §§1104, 20103.6

"INFORMAL BIDDING ACT" - see UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT, below

INSURANCE  

Owner-Controlled ("Wrap-Up" or "OCIP") - Government Code §§4420 et seq.

LABOR CODE, willful violation of - Business and Professions Code §27

LABOR COMPLIANCE PROGRAMS - Labor Code §1771.5; 8 California Code of Regulations §§16425 et seq.

LEASE-LEASEBACK - Government Code §§5956 et seq.

LIABILITY, DESIGN - Public Contract Code §1104

LICENSE, VERIFICATION OF CONTRACTOR'S - Public Contract Code §6100

LIQUIDATED DAMAGES - Government Code §53069.85

OWNER-CONTROLLED INSURANCE PROGRAMS ("OCIP") - Government Code §4420

PAYMENT

Prompt - Public Contract Code §§20104.6, 20104.50

Retention - Public Contract Code §§7107, 9203, 22300

Waiver of Claims - Public Contract Code §7100

PLAYGROUNDS, upgrading - Health & Safety Code §115730

PREFERENCE, for California produced materials - Government Code §§4330 et seq.

PRELIMINARY (20-DAY) NOTICE - Civil Code §§3098, 3252

PREQUALIFICATION OF CONTRACTORS - Public Contract Code §20651.5

PREVAILING WAGES

General - Labor Code §§1720 et seq., §1770 et seq.; Code of Regulations, Title 8

Actions Against Awarding Bodies - Labor Code §§1726, 1781

Labor Compliance Program – Labor Code §1771.5

PROPERTY DAMAGE - Public Contract Code §7105

PUBLIC LEASEBACK CORPORATIONS - Public Contract Code §20670 et seq.

PUBLIC WORK, definition for purposes of prevailing wages - Labor Code §§  1720, 1720.2, 1720.3, 1720.4

SMALL BUSINESS INCENTIVES - Public Contract Code §2002

SPOILS, use of native - Government Code §§4200-01

STOP NOTICES - Civil Code §§3183-87

Litigation Expenses - Civil Code §3186

SUBCONTRACTORS

Naming on Bid Form - Public Contract Code §§  4104, 4106

Noncollusion Affidavit - Public Contract Code §7106

Substitution of - Public Contract Code §§4105, 4107, 4109-11

SURETIES - Code of Civil Procedure §§995.120 et seq.

TERMINATION, in emergency - Government Code - §§4400 et seq.

TRANSPORTATION CONTRACTORS, incentives for - Public Contract Code §7101

TRENCHING - Labor Code §6705; Public Contract Code §7104

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT - Public Contract Code §22000 et seq.

Accounting Procedure

The required accounting procedures are not set forth in the Act.  The manual is available from the Office of the State Controller, Division of Local Government Fiscal Affairs. Agencies should consult with counsel before concluding that the accounting procedures apply.

Advertisement, manner of - Public Contract Code §§22036-37

Applicability - Public Contract Code §22030

Bid limits - Public Contract Code §22032

Emergency exception - Public Contract Code §22035

Ordinance - Public Contract Code §22034

Public project, definition - Public Contract Code §22002

Sanctions for Noncompliance - Public Contract Code §22044.5

UTILITY FACILITY FEES - Government Code §§54999 et seq.

UTILITY LINES, removal, relocation, and protection - Government Code §4215

VOLUNTEERS, use of - Labor Code §1720.4; Code of Regulations Title 8, §16003

"WRAP-UP" INSURANCE - Government Code §4420

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Monterey, California  93942-3084
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