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PUBLIC WORKS STATUTES
APPLICABLE TO COMMUNITY COLLEGES
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ARCHITECTS
Agreements - Public Contract Code §20651, subd. (c)
Contracts
- Public Contract Code §20103.6
Indemnity - Civil Code
§2782.8
License and
inspection requirements - Education Code §§81138, 81141
Liability
for injury or damage
- Education Code §81177
Selection - Government Code §§4525
et seq., 4529.12
BIDDING
Addenda - Public
Contract Code §4104.5
Advertisement, manner of
- Education Code §81641
Annual Notice - Public
Contract Code §20657
Alternate Bids - Public Contract Code §20103.8
Bid Bonds
-
Public Contract Code §20651, subd. (b)
Damages for disappointed bidder(s) - Public Contract Code
§20104.70
Delegation of
Authority to Accept, to Employee
- Education Code §§81655-56
Disabled
Veterans Business Enterprises
- Public
Contract Code §2001
Emergencies
- Public Contract Code §§1102, 20654
Error,
Claim of
- Public Contract Code §§4107.5, 5100
et seq.
Exceptions to general
bidding laws
Day labor / force account -
Public Contract Code §20655
Emergencies - Public Contract
Code §§1102, 20654
"Piggyback"
bids
- Public Contract Code §20652
Governing Board,
ratification of small transactions - Public Contract Code
§20658
Improper Award - Public Contract Code §5110
Informal
Bidding -
Under Informal Bidding Act
- see UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT,
below
Without Implementing
Informal Bidding Act - Public Contract Code §20657
Internet Bidding - Civil
Code §1633.1 et seq.; Public
Contract Code §1601
Late Bids - Public
Contract Code §4104.5
Limits - Public Contract Code §20651; see also
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT, below
Section 20651's limit for contracts other than for "construction
services" is adjusted annually to correct for inflation.
Click here for the letter setting that limit at $72,400
for 2008.
Maintenance and
Repairs - Public Contract Code §20655-56
Noncollusion Declaration
- Public Contract Code §7106
Opening Bids
- Government Code §53068
"Or Equal"
Requirement - Government Code §4333, Public Contract Code §3400
"Piggyback" bids - Public Contract Code §20652
Penalties
- Public Contract Code §20651
Personal Property
- Public Contract Code §20652
Pre-Bid Conferences -
Public Contract Code §6610
Prequalification - Public Contract Code §§1103, 4107(a)(9), 20101
Protests - Public Contract Code §5110
Responsible
bidder, definition of
- Public Contract Code §1103
Splitting bids - Public
Contract Code §20657
Subcontractor Listing
Requirements
- Public Contract
Code §4100 et seq.
Surety Requirements
- Code of Civil Procedure §995.120 et seq.
Uniform Public Construction
Cost Accounting Act
- see UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT, below
BONDS
Bid - Public Contract Code §20651
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
-
Education Code §81656, Public Contract Code §20659
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
DAMAGES for improper award
-
Public Contract Code §5110
DEFERRED MAINTENANCE - Education Code §84660
DELAY, damages for
- Public Contract Code §7102
DESIGN-BUILD - Education
Code §81700 et seq.
DESIGN PROFESSIONALS
License and inspection
requirements - Education Code §§81138, 81141
Liability for injury or
damage - Education Code §81777
DISABLED
VETERANS BUSINESS ENTERPRISES
- Public Contract Code § 2001
DIVISION OF
STATE ARCHITECT, supervision by
- Education Code §81130 et seq.
DSA APPROVAL OF
PLANS - Education Code §81133
DURATION OF
CONTRACT - Education Code §17596
EARLY COMPLETION, Bonus for
- Government Code §53069.85
EMERGENCIES, definition of
- Public Contract Code §§1102, 20654, 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.
ENVIRONMENTAL REQUIREMENTS
Changes for
-
Public Contract Code §7105
General - see
California Environmental Quality Act, above
Toxic remediation - Education Code §17210 et seq.
ESCROW ACCOUNTS - Public Contract Code §22300
EXCAVATION
- Government Code §§4216 et seq.
FIELD ACT
- Education Code §81149
GEOLOGICAL AND
SOILS STUDIES; GEOLOGICAL FAULTS - Education Code §17212.5
GOVERNING BOARD, personal
liability
- Education Code §81777
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" -
Public Contract Code §22000, et seq.
INSURANCE
Owner-Controlled
("Wrap-Up" or "OCIP") - Government Code
§§4420 et seq.
JOINT USE
-
Education Code §81390 et seq.
LABOR
COMPLIANCE PROGRAMS - Labor Code §§1771.5, 1771.7; 8
California Code of Regulations §16425 et seq.
LABOR CODE, willful violation of – Business and Professions
Code §27
LEASE-LEASEBACK
Fee-Producing Facilities - Government Code §§5956 et seq.
General - Education Code §§81330-36
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
"PIGGYBACK" BIDS
- Public Contract Code §20652
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 §§20101, 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
PROJECT INSPECTORS - Education Code §§17309, 17311
PROPERTY DAMAGE - Public Contract Code §7105
PUBLIC/PRIVATE PARTNERSHIPS
- Education Code §81004
PUBLIC WORK,
definitions
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
STOP WORK
NOTICES
- Education Code §81133.5
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.
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
ZONING ORDINANCE,
compliance with - Government
Code §§53091, 53096 | 