|
PUBLIC WORKS STATUTES
APPLICABLE TO COUNTIES
Be aware that there
are numerous exceptions to the statutes that are listed here. If the
county is a charter county, most of these statutes will be inapplicable.
Different statutes may also apply if the Board of Supervisors 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. If the County has adopted the
Informal Bidding Act (Uniform Public Construction Cost Accounting Act),
some of these statutes will be inapplicable.
To view these code sections in their entirety,
click
here, check the name of the code, and enter the section number.
The California Senate's online code service
does not currently support hyperlinks directly to individual code
sections. 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 §§2782.2, 2782.8
Selection - Government Code §§4525
et seq., 4529.12
BIDDING
Addenda - Public
Contract Code §4104.5
Advertisement, manner of
Population under 500,000 - Public Contract Code §§20150.7-20150.8
Population over 500,000 - Public Contract Code §§20125-20126
Alternate Bids
- Public Contract Code §20103.8
Bid
Security
-
Public Contract Code §20129
Bid Splitting
Population under 500,000 - Public Contract Code §20150.11
Population over 500,000 - Public Contract Code §20123.5
Bonds -
Public Contract Code §20129
Correctional facilities -
Public Contract Code §20134
Courtrooms -
Public Contract Code §20134
Damages for disappointed bidder - Public Contract Code
§20104.70
Day labor
Population under 500,000 -
Public Contract Code §20150.9
Population over 500,000 -
Public Contract Code §20130
Delegation of Authority
Population under 6,000,000 -
Public
Contract Code §20132
Population over 6,000,000 -
Public Contract Code §20145
Exceptions
Correctional facilities -
Public Contract Code §20134
Courtrooms - Public Contract
Code §20134
Day labor
Population under 500,000 -
Public Contract
Code §20150.9
Population over 500,000 -
Public Contract
Code §20130
Emergencies
- Public
Contract Code §20134
Four-Fifths Vote Needed-
Public Contract
Code §22050
Job Order Contracts
-
Public Contract Code §20128.5
Juvenile Wards, performed by
Population under 500,000 - Public
Contract
Code §20150.14
Population over 500,000 - Public
Contract
Code §20141
Landfills - Public Contract Code §20121.1
No Bids
-
population under 500,000 - Public
Contract Code §20150.9
Prisoners, performed by
Population under 500,000 - Public
Contract
Code §20150.14
Youth Facilities - Public
Contract Code §20128.5
Unit Prices - Public
Contract Code §20128.5
Emergencies
- Public
Contract Code §§20133-20134
Four-Fifths Vote Needed-
Public Contract
Code §22050
Error,
Claim of
- Public Contract Code §§4107.5, 5100
et seq.
Identical Bids - Public
Contract Code §20150.9
Improper Award - Public Contract Code §5110
Informal Bidding Act - see
UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT,
click here.
Internet Bidding
- Civil
Code §1633.1 et seq.; Public
Contract Code §1601
Job Order Contracts
-
Public Contract Code §20128.5
Juvenile Wards, work performed by
Population under 500,000 - Public
Contract
Code §20150.14
Population over 500,000 - Public
Contract Code §20141
Landfills - Public Contract Code §20121.1
Late Bids - Public
Contract Code §4104.5
Limits
Population under
500,000 -
Public Contract Code
§§20121, 20150.3, 20150.4
Population over 500,000
-
Public Contract Code
§§20122, 20131
Population over 2,000,000
-
Public Contract Code §20122, 20123, 20131
No Bids
-
population under 500,000 - Public
Contract Code §20150.9
Noncollusion Declaration
- Public Contract Code §7106
Opening Bids
- Government Code §53068
"Or Equal"
Requirement
- Government Code
§4333, Public Contract Code §3400
Pre-Bid Conferences
- Public Contract Code §6610
Prequalification
- Public Contract Code §§4107(a)(9), 20101
Prisoners, work performed by
Population under 500,000 - Public
Contract
Code §20150.14
Protests
- Public Contract Code §5110
Purchasing Agent -
Public Contract Code §20131
Rejecting
Population under 500,000 - Public Contract Code
§§20150.9-
20150.10
Population over 500,000 - Public Contract Code
§20130
Registration, Notice of Informal
Bidding Proceedings
Population under 500,000 - Public Contract Code §20150.6
Responsibilities -
Public Contract Code §20124
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 - population under 500,000 - Public Contract Code §20150.9
Uniform Public Construction
Cost Accounting Act -
see
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT,
click here.
Youth Facilities - Public
Contract Code §20128.5
Unit Prices - Public
Contract Code §20128.5
BONDS
Bid
-
Public Contract Code §20129
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
Amount, limitations on when contractor does not consent - Public
Contract Code §20142
Deductive - Public Contract
Code §20138
Method - Public Contract Code
§20136-37, 20139, 20143
Number of Votes Needed
Changes Made Before Contract Awarded - Public Contract Code §20128
Changes Made After Contract Awarded
With Contractor's Consent - Public Contract Code §20142
Without Contractor's Consent - Public Contract Code §20136
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.
CORRECTIONS FACILITIES - Public Contract Code §20134
COST REDUCTION, Bonus for
Population under 500,000 - Public Contract Code §20135
Population over 500,000 - Public Contract Code §7101
COURTROOMS - Public Contract Code §20134
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
DESIGN BUILD
Waste Water Projects -
Public Contract Code §20133
DISABLED ACCESS -
Government Code §4450 et seq., 4500
DISABLED VETERANS, contracts with
- Public Contract Code §2001
EARLY COMPLETION, Bonus for
- Government Code §53069.85
EMERGENCIES, definition of
- Public Contract Code §§1102,
20133-20134
Four-Fifths Vote Needed-
Public Contract
Code §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
ESCROW ACCOUNTS - Public Contract Code §22300
EXPENSE RECORDS - Government Code §4000
et seq.
EXCAVATION
- Government Code §4216
et seq.
HAZARDOUS MATERIALS
- Public Contract Code §7104
IMPROPER AWARD
- Public Contract Code §5110
INDEMNITY
- Civil Code §2782 et seq.; Public Contract Code §§1104, 20103.6
"INFORMAL BIDDING ACT" -
see
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT,
click here.
INSURANCE,
OWNER-CONTROLLED ("WRAP-UP" or "OCIP") - Government Code §4420
et seq.
JOB ORDER CONTRACTS -
Public Contract Code §20128.5
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.
Special
notice regarding this year's changes to labor compliance programs
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
MODIFICATION, of plans and
specifications - Public Contract Code §20135
OWNER-CONTROLLED
INSURANCE PROGRAMS ("OCIP") -
Government Code §4420
PAYMENT
Interest -
Public Contract Code §20104.6
Method -
Public Contract Code §20140
Progress
-
Public Contract Code §20104.50
Retention
-
Public Contract Code §§7107, 9203, 22300
Waiver of Claims
-
Public Contract Code §7100
PLANS
Adoption
Population under 500,000 -
Public Contract Code §20150.12
Population over 500,000 -
Public Contract Code §20124
Examination
Population under 500,000 -
Public Contract Code §20150.13
Population over 500,000 -
Public Contract Code §20127
PLANS AND
SPECIFICATIONS, modification of - Public Contract Code §20135
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
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 PROJECT, definition for counties
with population of less than 500,000 -
Public Contract Code §20150.2
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, 20150.3
Sanctions for Noncompliance
- Public Contract Code §22044.5
UNIT PRICES - Public
Contract Code §20128.5
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
| 