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PUBLIC WORKS STATUTES
APPLICABLE TO SCHOOL DISTRICTS
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check the name of the code, and enter the section number.
Many of the
requirements that govern school districts are found in the
California Code of
Regulations.
APPRENTICESHIP STANDARDS - Labor Code §1777.5
ARCHITECTS AND OTHER
DESIGN PROFESSIONALS
Agreements
- Public Contract Code §20111,
subd. (c)
Contracts
- Public Contract Code §20103.6
Indemnity - Civil Code §2782.8
License and
inspection requirements
- Education Code §§17302, 17309
Liability for
injury or damage
- Education Code §17371
Ownership of
Plans
-
Education Code §17316
Relocatable
buildings
- Education Code §17353
Selection
- Education Code §17070.50; Government Code §§4525 et seq., 4529.12
BIDDING
Addenda
- Public
Contract Code §4104.5
Advertisement,
manner of
- Public Contract Code §20112
Alternate Bids
- Public Contract Code §20103.8
Annual Notice - Public Contract Code
§20116
Bid Bonds
- Public Contract Code §20111, subd. (b)
Damages for disappointed bidder(s) - Public Contract Code
§20104.70
Delegation of
authority to accept bids
- Education Code §17605
Disabled
Veterans Business Enterprises
- Education
Code §17076.11
Duplicate bids - Public Contract
Code §20117
Error, Claim
of
- Public Contract Code §§4107.5, 5100
et
seq.
Exceptions to
general bidding laws
Day labor /
force account
- Public Contract Code §§20113, 20114
Emergencies -
Definition
- Public Contract Code §1102
Procedure
- Public Contract Code §§20113
"Piggyback"
bids
- Public Contract Code §20118
Identical
Bids - Public Contract Code §20117
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 §20116
Internet Bidding - Civil
Code §1633.1 et seq., Public
Contract Code §1601
Late Bids
- Public Contract Code §4104.5
Limits
- Public
Contract Code § 20111; see also Public Contract Code §22000 et
seq.
Section 20111'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
- Public Contract Code §20115
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 §20116
Pre-Bid
Conferences - Public Contract Code §6610
Prequalification
- Public Contract Code §§1103, 4107(a)(9), 20111.5
Protests
- Public Contract Code §5110
Repairs
- Public Contract Code §§20111, 20115, 22002
Responsible
Bidder, definition of
- Public Contract Code §1103
Splitting Projects - Public Contract
Code §20116
Subcontractor
Listing Requirements
- Public Contract Code §4100 et seq.
Surety
Requirements
- Code of Civil Procedure §995.120 et seq.
Technology (computers, software,
telecommunications equipment, microwave equipment, and other related
electronic equipment and apparatus - not construction) - Public
Contract Code §20118.2
Uniform
Public Construction Cost Accounting Act
- see UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT, below
BONDS
Bid - Public Contract Code §20111
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.
Acquisition
of site - Public Resources Code §21151.2, 21151.8
Closing of
school
- Public Resources Code §21080.18
Hazardous air
emissions
- Public Resources Code §21151.4
Hazardous
waste disposal
- Public Resources Code §21151.8
Minor
addition to school -
CEQA Guidelines §15314
CALIFORNIA - PRODUCED MATERIALS -
Government Code §§4330 et seq.
CHANGE ORDERS - Public
Contract Code §20118.4
CITY / COUNTY
REQUIREMENTS, compliance with
Drainage,
grading and offsite improvements
- Government Code §53097
Inspection
-
Government Code §§53092, 53097.5
Zoning
-
Government Code §§53091, 53094 (check this first), 65852.9 (unused school sites)
CLAIMS
Alternate dispute
resolution (mandatory for claims of $375,000 or less)
- Public
Contract Code §20104 et seq.
SAB liability
for
- Education Code §17029.5
Waiver of, upon
receipt of payment - Public
Contract Code §7100
CONSTRUCTION
MANAGEMENT
Apportionment for
- Education Code
§§17019.3, 17070.98
Selection of - Government Code §§4525 et seq.
COST SAVINGS,
Use of (SAB)
- Education Code §16059
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
DEFERRED MAINTENANCE
–
Education Code §§17582 et seq., 35292.5; 2 California Code of Regulations §1866
et seq.
DELAY, damages
for
- Public Contract Code §7102
DESIGN-BUILD
- Education
Code §§17250.10 et seq.
DEVELOPER-BUILT
SCHOOLS
- Education Code §§17060 et seq.
DISABLED
VETERANS BUSINESS ENTERPRISES
- Education Code
§17076.11;
Public Contract Code §2001
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, 20113, 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 HAZARDS (Site Contamination) - Education Code §§17070.50
et
seq., 17210 et seq., and 17268
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
Applicability
- Education Code §17280
General
- Education Code §§17280 et seq.
"School
Building," and exceptions - Education Code
§§17283-89
FINGERPRINTING -
Education Code §45125.2
GEOLOGICAL AND
SOILS STUDIES; GEOLOGICAL FAULTS - Education Code §17212.5
GOVERNING
BOARD, personal liability
- Education Code §17371
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
General
- Education Code §§15710, 17038
Owner-Controlled
("Wrap-Up") - Government Code §§4420 et seq.
JOINT
OCCUPANCY, with private entity
- Education
Code §§17515 et seq.
JOINT USE PROJECTS (SAB)
Libraries
-
Education Code §§17050, 17052
Other
-
Education Code §§17051-52, 17060 et seq.
SB 50
- Education Code § 17070.90
JOINT VENTURES (SAB) -
Education Code §§17060 et seq.
Definition
-
Education Code §17060
Requests for
Proposals
- Education Code §17061
Prevailing
Wages
- Education Code §17066
LABOR CODE, penalties for
willful violation - Business & Professions Code §27
LABOR
COMPLIANCE PROGRAMS - Labor Code §§1771.5, 1771.7; 8
California Code of Regulations §§16425 et seq.
LEASE-LEASEBACK
Fee-Producing Facilities - Government Code §§5956 et seq.
General - Education Code §§17400-07
LIABILITY, DESIGN
- Public Contract Code §1104
LIBRARIES,
Joint Use
- Education Code §17050
LICENSE
Federally-funded projects - Public Contract Code §20103.5
Verification of
Contractor's - Public Contract Code §6100
LIQUIDATED DAMAGES
- Government Code §53069.85
MAINTENANCE -
For Force Account Work - Public Contract Code §20115
For Outside Forces - Public Contract Code §22002
OWNER-CONTROLLED
INSURANCE PROGRAMS ("OCIP") -
Government Code §4420.5
PAYMENT
Prompt - Public Contract
Code §§20104.6, 20104.50
Retention
-
Public Contract Code §§7107, 9203, 22300
To contractor,
method of
- Education Code §17603
Waiver of
Claims
- Public Contract Code §7100
"PIGGYBACK"
BIDS
- Public Contract Code §20118
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
- Public Contract Code §§20111.5
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 WORK / PUBLIC PROJECT, definitions
For general purposes -
Public Contract Code §22002
For purposes of
prevailing wages
- Labor Code §§ 1720, 1720.3, 1720.4
RELOCATABLE
CLASSROOMS
Child care
programs - Education Code § 477
Design and
inspection of
- Education Code §§17350 et seq.
SB 50
-
Education Code §17070.10 et seq.
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 §17307.5
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.
TOXICS
-
Education Code §§17210 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 §4420.5
ZONING, school sites
- Government Code §§53091, 53094, 65352.2
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