reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 25 - Boards of Supervisors County Highways › Section 20395.

20395. In any county that has appointed a road commissioner pursuant to Section 2006 of the Streets and Highways Code, or in any county that has abolished the office of road commissioner and complied with Section 2006.1 of the Streets and Highways Code, the board of supervisors may authorize the road commissioner, or a registered civil engineer under the direction of the county director of transportation, to have any work upon county highways done under their supervision and direction. The work may be done in any of the following ways:
(a) By letting a contract covering both work and material. In that event, the contract shall be let to the lowest responsible bidder as provided in this article.
(b) By purchasing the material and letting a contract for the performance of the work. In that event, the material shall be bought at the lowest possible cost and the contract let to the lowest responsible bidder as provided in this article.
(c) By purchasing the material and having the work done by day labor, in which case advertising for bids is not required.
(d) (1) By authorizing the county road commissioner or a registered civil engineer under the direction of the county director of transportation to execute changes or additions to the work for any contract pursuant to this section in an amount not to exceed five thousand dollars ($5,000) for contracts of fifty thousand dollars ($50,000) or less, or 10 percent for contracts over fifty thousand dollars ($50,000) but not to exceed two hundred fifty thousand dollars ($250,000). In no event shall any change or addition to the work exceed a net total addition of twenty-five thousand dollars ($25,000).
(2) 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 cost in excess of two hundred fifty thousand dollars ($250,000). In no event shall any change or alteration exceed two hundred ten thousand dollars ($210,000).
(e) By purchasing the material and letting a contract for the work or by letting a contract covering both work and material without advertising for bids when the estimated cost of emergency work necessitated by the imminence or occurrence of a landslide, flood, storm damage, or other emergency exceeds twenty-five thousand dollars ($25,000) and the public interest and necessity demand immediate action to safeguard life, health, or property.
(f) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 3) and added by Stats. 2021, Ch. 95, Sec. 4. (AB 712) Effective January 1, 2022. Operative January 1, 2027, by its own provisions.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 25 - Boards of Supervisors County Highways › Section 20396.

20396. Notwithstanding any other provision of law, in any county employing a competent engineer as road commissioner, the board of supervisors may elect to perform work or projects or let contracts for the performance of work or projects under the provisions of the State Contract Act pursuant to Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code; and when such election is made, references in said act to state shall mean county, and references to any state agency shall mean county board of supervisors, or such county agency as the board of supervisors may designate, and the provisions of said act shall be fully applicable to work or projects so to be performed by the county.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 25 - Boards of Supervisors County Highways › Section 20397.

20397. In counties containing a population of two million or over and employing a registered engineer as road commissioner, the board of supervisors may authorize the moving, relocation, or reestablishment of detention camps by force account or day labor where such camps are used in connection with county highway construction or maintenance work, if the board determines that such work of moving, relocation, or reestablishment can be done more economically and satisfactorily by force account or day labor than by contract, and that the total estimated cost of new or additional building structural materials necessary to be purchased in order to perform such work does not exceed five thousand dollars ($5,000).
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20400.

20400. The provisions of this article shall apply to contracts by boards of supervisors for the construction, maintenance and repair of a county bridge or subway, as provided for in Chapter 5 (commencing with Section 1300) of Division 2 of the Streets and Highways Code.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20402.

20402. Except as provided in Sections 20406 to 20408, inclusive, whenever the cost of construction or repair of any bridge will exceed the sum of two thousand dollars ($2,000), such construction or repair shall be done by contract.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20403.

20403. Whenever the board of supervisors finds that the estimated expense of any work to be done on any county bridge is ten thousand dollars ($10,000) or less, the board or the purchasing agent may let a contract covering both work and material, or purchase the materials and let a contract for doing the work, without calling for bids.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20404.

20404. (a) The board of supervisors shall adopt plans, specifications, and working details for such construction or repair and shall cause a notice, calling for bids therefor, to be published in a newspaper of general circulation published in the county. Such notice shall be published for at least 10 consecutive times in a daily newspaper of general circulation published in the county or for at least 2 consecutive times in a weekly newspaper published in the county. If there is no newspaper published in the county, such notice shall be given by posting in three public places in the county for at least two weeks.
(b) The Board of Supervisors of the County of Los Angeles may delegate the duties described in subdivision (a) to the county road commissioner on a project-by-project basis.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 371, Sec. 23. (SB 1473) Effective January 1, 2021. Repealed as of January 1, 2030, by its own provisions. See later operative version added by Sec. 24 of Stats. 2020, Ch. 371.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20404.

20404. (a) The board of supervisors shall adopt plans, specifications, and working details for such construction or repair and shall cause a notice, calling for bids therefor, to be published in a newspaper of general circulation published in the county. Such notice shall be published for at least 10 consecutive times in a daily newspaper of general circulation published in the county or for at least 2 consecutive times in a weekly newspaper published in the county. If there is no newspaper published in the county, such notice shall be given by posting in three public places in the county for at least two weeks.
(b) This section shall become operative on January 1, 2030.
(Repealed (in Sec. 23) and added by Stats. 2020, Ch. 371, Sec. 24. (SB 1473) Effective January 1, 2021. Section operative January 1, 2030, by its own provisions.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20406.

20406. If the board of supervisors is advised by the county surveyor or, in a county not having a county surveyor, by the officer having similar duties and authority, that the work can be done for a sum less than the lowest responsible bid, the board may reject all bids and order the work done by day labor, under the supervision and direction of the county surveyor or officer having similar duties and authority. In such case, the road commissioners in their respective districts shall employ all labor required, and direct the conduct of the work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20407.

20407. In the event of great emergency, including, but not limited to, states of disaster defined in Section 8558 of the Government Code, upon the majority vote of the board, the board may proceed at once to replace or repair any and all bridges without adopting plans, specifications, strain sheets, or working details and without letting contracts or calling for bids. The work may be done by day labor under the direction of the board or by contract, or by a combination of the two. If done wholly or in part by contract, the contractor shall be paid the actual cost of the use of machinery and tools and of material and labor expended by him or her in doing the work, plus not more than 15 percent to cover all profits, supervision, and any other expense. No more than the lowest current market prices shall be paid for materials.
(Amended by Stats. 2006, Ch. 538, Sec. 542. Effective January 1, 2007.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 26 - Boards of Supervisors County Bridges or Subways › Section 20409.

20409. The board of supervisors may authorize such road commissioner to employ such workmen and purchase such materials, equipment, tools, and appliances and cause such work to be done as is necessary to construct or maintain such bridges and to keep them in repair without adopting plans and specifications, or working details and without advertising for bids as required in Sections 20402, 20403, and 20404. The cost of such construction, maintenance or repair shall be paid out of the county road funds or out of the county general fund.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20410.

20410. The provisions of this article shall apply to contracts by legislative bodies for the doing of work or the furnishing of materials, supplies and equipment, as provided for in the Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20411.

20411. Before the legislative body awards any contract for doing any work or for furnishing materials, supplies and equipment or any portion thereof, authorized by this division, the legislative body shall pass a resolution ordering the work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20412.

20412. Notice shall be posted inviting sealed proposals or bids for doing such work, or for furnishing materials, supplies and equipment or any portion thereof. Notice inviting such proposals, and referring to the specifications on file, shall be published, but if there is no newspaper published in the city, then it shall only be posted. The time fixed for the opening of the bids shall be not less than 10 days from the time of the first publication or posting of the notice.
Said notices shall state the estimated cost of any acquisition, which estimated cost is required to be advanced as a part of the incidental expenses referred to in Section 5256 of the Streets and Highways Code, at the time of entering into the contract.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20413.

20413. 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 city.
(c) A certified check made payable to the city.
(d) A bidder’s bond executed by an admitted surety insurer, made payable to the city.
The security shall be in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder’s security is enclosed with it.
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 city beyond 60 days from the time the award is made.
(Amended by Stats. 1990, Ch. 808, Sec. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20414.

20414. The proposals or bids shall be delivered to the clerk, or any other officer designated by the legislative body, and the legislative body shall, in open session publicly open, examine and declare the same. If the legislative body by resolution so provides the proposals or bids may be opened, examined and declared by an officer designated in the resolution. Any such resolution shall require that the proposals or bids be opened at a public meeting called by the officer designated who shall report the results of the bidding to the legislative body at the next regular meeting after the opening of the bids. In the event of such resolution the notice inviting bids shall state the time and place of said public meeting and the officer so designated. No proposal or bid shall be considered unless accompanied by the check or bond satisfactory to the legislative body.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20415.

20415. The legislative body may reject any and all proposals or bids should it deem this for the public good, and also the bid of any party who has been delinquent or unfaithful in any former contract with the city, 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 or improvement to the lowest responsible bidder at the prices named in his bid. If the bids are rejected the legislative body shall thereupon return to each bidder the check or bond which accompanied his bid.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20416.

20416. Whenever the total amount bid by the lowest responsible bidder plus the estimated amount of incidental costs would result in assessments under this division which exceed by more than 15 percent the engineer’s estimate of cost of the proposed work to be assessed, as stated in the “Notice of Improvement” referred to in Section 5193 of the Streets and Highways Code, the legislative body shall direct the clerk to give notice by mail of such increase over the estimated cost.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20417.

20417. If the bids are rejected or no bids are received the legislative body may readvertise for proposals or bids for the performance of the work as in the first instance, without further proceedings, and thereafter proceed in the manner provided in this chapter.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20418.

20418. The check or bond accompanying any proposal or bid which is accepted shall be held by the clerk until the contract for doing the work has been entered into, either by the lowest bidder or by the owners of three-fourths part of the frontage, whereupon the certified check or bond shall be returned to the bidder. If the bidder fails, neglects or refuses to enter into the contract to perform the work, the certified check accompanying his bid and the amount therein mentioned, shall be declared to be forfeited to the city and shall be collected by it and paid into the general fund, and any bond forfeited may be prosecuted, and the amount due thereon collected and paid into the general fund.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20419.

20419. If any local, state or national agency or authority contributes the labor, or labor and any portion of the materials, supplies or equipment necessary for the construction of any improvement authorized under this division, the contract shall be for only those items which are not contributed by any such agency or authority. If proposals or bids are invited only for the furnishing of materials, supplies and equipment or any portion thereof not furnished by such agency or authority, the notice shall contain a statement to the effect that the legislative body may cancel the order for any undelivered materials, supplies or equipment by giving the successful bidder 24 hours notice of the cancellation, in which event the successful bidder will be entitled to compensation for only so much of the material, supplies and equipment as has been used prior to the giving of such notice of cancellation at the prescribed unit rates stated in the contract, and that the contractor shall agree to accept the return of any and all materials and supplies not used prior to the giving of such notice.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20420.

20420. Notice of the award of the contract shall be published by the clerk.
The clerk shall, upon payment of the statutory fee prescribed therefor, record a notice of the award of contract in the office of the county recorder. Said recordation shall constitute notice to all persons that all property within the boundaries of the proposed assessment district shall be assessed at the time of the confirmation of the assessment under Chapter 16 (commencing at Section 5360) of Part 3 of Division 7 of the Streets and Highways Code to pay the costs of the improvement in proportion to the benefits which the property receives from the improvement, notwithstanding the acquisition of the property by the state or any of its agencies, or by any county, city, municipality or other public or municipal corporation. Said notice shall be substantially as follows:
NOTICE OF AWARD OF CONTRACT IN
PROPOSED ASSESSMENT DISTRICT
Pursuant to the requirements of Section 5248 of the Streets
and Highways Code, notice is hereby given that a contract has
been awarded by
(Legislative body)
to
(Contractor)
for
(Nature of improvement)
in
District No.
(Improvement or assessment)
and relating to the following described real property:
(The real property in the assessment district may be described by:
a. Stating its exterior boundaries; or
b. Giving a description thereof according to any official or recorded map; or
c. Referring to a plat or map filed with the clerk of the legislative body, which shall indicate by a boundary line the extent of the territory included in the assessment district, and shall govern for all details as to the extent of the assessment district.)
This shall constitute notice to all persons that all property within the boundaries of the proposed assessment district shall be assessed at the time of the confirmation of the assessment under Chapter 16 (commencing at Section 5360) of Part 3 of Division 7 of the Streets and Highways Code to pay the costs of the improvement in proportion to the benefits which said property receives from the improvement, notwithstanding the acquisition of any such property by the state or any of its agencies, or by any county, city, municipality or other public or municipal corporation.
Reference is made to the minutes of the action taken
by
(Legislative body)
on file in my office for full particulars.
Dated:
(Clerk of )
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20421.

20421. The owners of three-fourths of the area of lands liable to be assessed, or their agents (who shall make oath that they are the owners or agents) are not required to present sealed proposals or bids, but may within 10 days after the first publication, or first posting if there is no publication, of the notice of the award of the contract, elect to take the work and enter into a written contract to do the whole work at the price at which the contract has been awarded. All work done under the written contract is subject to regulations which may be prescribed by ordinance of the legislative body.
(Amended by Stats. 1986, Ch. 195, Sec. 53.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20422.

20422. If the owners fail to elect to take the work, and to enter into a written contract therefor within 10 days, or to commence the work within 15 days after the date of the written contract, and to prosecute the work with diligence to completion, the superintendent of streets shall enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his or her bid.
(Amended by Stats. 1986, Ch. 195, Sec. 54.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20423.

20423. If the original bidder neglects, fails or refuses, for 25 days after the first publication of the notice of the award of the contract, to enter into the contract, the legislative body, without further proceedings, shall again advertise for and receive proposals or bids, as in the first instance, and award the contract for the work to the then lowest regular bidder.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20424.

20424. If no bids are received in response to this second call for bids, the legislative body may again advertise for and receive bids under the same proceedings at any time and let the contract to the then lowest bidder, and such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20425.

20425. The bids of all persons and the election of all owners who have previously failed to enter into the contract shall be rejected in any bidding or election subsequent to the first for the same work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20426.

20426. All contractors, contracting owners included, shall, at the time of executing any contract for the work, execute a bond to the satisfaction and approval of the superintendent of streets and payable to the city, in a sum not less than 25 percent of the amount of the contract, conditioned upon the faithful performance of the contract.
(Amended by Stats. 1983, Ch. 18, Sec. 32. Effective April 21, 1983.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20427.

20427. At any time prior to publication and posting notice inviting bids, the legislative body by resolution, may determine that if the contractor, contracting owners included, does not complete the work within the time limit specified in the contract or within the further time that the legislative body authorized, the contractor or contracting owners, as the case may be, shall pay to the city liquidated damages in the amount fixed by the legislative body in the resolution. The amount so fixed is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. If this determination is made, the plans or specifications and the contract shall contain provisions in accordance with that determination.
Any moneys received by the city on account of those liquidated damages shall be applied as follows:
(1) If received prior to confirmation of the assessment, those moneys shall be applied as a contribution against the assessment.
(2) If received after the confirmation of the assessment, those moneys shall be applied in the manner provided in Section 5132.05 of the Streets and Highways Code for the disposition of excess acquisition funds.
(3) If a contribution has previously been made or ordered by any agency, the legislative body may order a refund to the contributing agency in the proportion that the contribution bears to the total costs and expenses of the work.
(Amended by Stats. 2015, Ch. 303, Sec. 422. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20428.

20428. If the owner or contractor who may have taken any contract does not complete the work within the time limited in the contract, or within such further time as the legislative body may give him, or abandons or fails to proceed with the work, the legislative body may declare him in default and may either relet all or any portion of the work, or it may complete the work by direct purchase of labor and materials, and the owner or contractor shall pay to the city the entire cost of completing the work before the warrant is delivered to the owner or contractor.
Notice of the declaration of default shall be given by the clerk of the legislative body to the owner or contractor by personal service or by mail. Upon receipt of such notice, the owner or contractor shall forthwith quit the work, and shall receive no payment for any work performed thereafter, unless ordered by the legislative body to resume the work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20429.

20429. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, for payment by him, the cost of publication of the notices, resolutions, orders and matters required under the proceedings prescribed in this division, and of such other notice as may be deemed requisite by the legislative body, together with all other incidental expenses incurred up to the time of entering into the contract, including the estimated cost of any acquisition which the legislative body may determine to be payable at said time, but limited to the amount specified in the notice inviting bids pursuant to Section 5241 of the Streets and Highways Code. All other acquisition costs shall be payable at the time of the delivery to the contractor, or his agent, or assigns, of the warrant, assessment and diagram as provided in Section 5375 of the Streets and Highways Code. The legislative body may waive the payment in advance of all or any part of the incidental expenses and acquisition costs by resolution adopted not later than the time of ordering the work. The waiver must appear in the notice inviting bids.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20430.

20430. If the work is abandoned by the city before work is actually started or before any materials, supplies or equipment have been furnished or used, the incidental expenses incurred previous to such abandonment shall be paid out of the city treasury, but such expense for which the city is liable and which shall have been paid by it may be charged as incidental expenses against the district benefited in any new proceeding had or taken for any work which includes substantially the same work as that which was included in the abandoned proceedings.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20431.

20431. At any time within 10 days from the date of the first publication of the notice of award of the contract, any owner of, or other persons having any interest in, any lot or land liable to assessment, who claims that any of the previous acts or proceedings relating to the work are irregular, defective, erroneous or faulty, may file with the clerk a written notice specifying in what respect the said acts and proceedings are irregular, defective, erroneous or faulty. The notice shall state that it is made pursuant to this section.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20432.

20432. All objections to any act or proceeding occurring prior to the time within which such objections are permitted to be filed in relation to the work, not made in writing and in the manner and at the time specified, shall be waived, if the resolution of intention to do the work has been actually published, as provided in this division.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20433.

20433. If in the opinion of the legislative body the public interest will not be served by allowing the property owners to take the contract it may so provide in the resolution of intention.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20434.

20434. An action to determine the validity of proceedings relating to the work and the validity of any contract entered or to be entered into pursuant thereto may be brought by the legislative body or by the contractor pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose proceedings shall be deemed to be in existence upon the award of the contract. An action may be commenced and concluded by the legislative body before the publication of the notice inviting bids, and for such purpose the proceedings shall be deemed to be in existence upon the adoption of the resolution ordering the work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20435.

20435. In such action, all findings, conclusions and determinations of the legislative body which conducted the proceedings shall be conclusive in the absence of actual fraud.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20436.

20436. If an action is commenced under the provisions of this chapter to determine the validity of any contract or proposed contract, and the contract has not been signed, the contractor shall not be obligated to sign the same until a judgment sustaining the validity of the proceedings and the proposed contract has become final. If the contractor has signed and executed the contract, he shall not be obligated to begin work until a judgment sustaining the validity of the proceedings and the contract has become final. If a judgment is entered holding the contract invalid, the contractor shall be discharged and relieved of all obligation under the contract, and he and his sureties shall be discharged and relieved of all obligation upon any bond required by law in connection with such contract.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20436.5.

20436.5. Notwithstanding any other provisions of law, the action authorized by this chapter shall not be brought by any person other than the legislative body or the contractor, nor shall the action be brought after the date fixed for the beginning of work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20437.

20437. The superintendent of streets is hereby authorized in his official capacity to make all written contracts, and to receive all bonds authorized by this division and to do any other act, either expressly or impliedly required by this division, that pertains to the street department.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20438.

20438. He shall fix the time for the commencement, which shall not be more than 45 days from the date of the contract, and for the completion of the work under each contract entered into by him. The work shall be prosecuted with diligence from day to day thereafter to completion.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20439.

20439. He may extend the time fixed for completion of the work from time to time, under the direction of the legislative body. All applications for extensions of time, if in writing, must be filed in the office of the clerk before the expiration of the original time fixed in the contract, or of the time granted by extension, as the case may be. An extension of time may be granted by the legislative body after the expiration of the time originally fixed in the contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration. Any extension of time shall not release the sureties upon any bond required under this division.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20440.

20440. The work, in all cases, shall be done under the direction and to the satisfaction of the superintendent of streets and the materials used shall comply with the specifications and be to the satisfaction of the superintendent of streets and all contracts made therefor shall contain a provision to that effect unless the legislative body by resolution adopted within 10 days after the passage of the resolution ordering the work directs that the work shall be done under the direction of the engineer and the materials used shall comply with the specifications and be to the satisfaction of the engineer, instead of the superintendent of streets, and in such case the contract shall contain a provision to that effect.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20441.

20441. The legislative body also may by resolution adopted within 10 days after the passage of the resolution ordering the work provide and direct that the assessment thereafter to be made in the proceeding shall be made and signed by the engineer instead of by the superintendent of streets.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20442.

20442. The contract shall contain express notice that, in no case, except where it is otherwise provided by law or by charter will the city, or any officer thereof, be liable for any portion of the expense, nor for any delinquency of persons or property assessed.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20443.

20443. The legislative body may, by ordinance, prescribe general rules directing the superintendent of streets or the engineer, as the case may be, and the contractor as to the materials to be used, and the mode of executing the work, under all contracts thereafter made. The assessment and apportionment of the expenses of all such work shall be made by the superintendent of streets or the engineer, as the case may be, in the mode provided by this division.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20444.

20444. If any fiscal agent of the United States government contributes any money or materials to be used in the construction of any work provided for in this division, the requirements of the agency contributing such money or materials may be incorporated in the contract.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20445.

20445. If a contribution of labor or of labor and any portion of materials, supplies or equipment is to be made by any local, state or national agency or authority, the contract shall contain a provision that the legislative body may cancel the order for any undelivered materials, supplies or equipment by giving the contractor 24 hours notice of said cancellation, and require the contractor to accept the return of the unused materials and supplies, in which event the contractor will be entitled to compensation for only so much of the materials, supplies and equipment as has been used prior to the giving of such notice. The contract shall also contain a provision that no materials, supplies or equipment shall be delivered until a delivery permit signed by the superintendent of streets has been received by the contractor.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20446.

20446. “Changes” as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20447.

20447. Unless the power to proceed shall have ceased at the conclusion of the hearing on the resolution of intention because of a majority protest, at any time before the confirmation of the assessment the legislative body may make changes in, to or from the boundaries of the proposed assessment district, the work proposed to be done, or any act, determination or provision made, or permitted to be made, by the legislative body under and pursuant to this division, which act, determination or provision does not affect the jurisdiction of the legislative body to order the work or improvement; provided, that after the award of the contract no such changes shall be made without the written consent of the contractor or the bidder to whom the contract shall have been awarded. The legislative body shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the work.
(Added by Stats. 1982, Ch. 465, Sec. 11.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 3 - CONTRACTING BY LOCAL AGENCIES › CHAPTER 1 - Local Agency Public Construction Act › ARTICLE 27 - Legislative Bodies Improvement Act of 1911 › Section 20448.

20448. At the hearing on the resolution of intention, the legislative body, without further notice and hearing, may order any changes, as defined in Sections 20446 and 20447, except changes to include additional territory in the assessment district. Any changes to include additional territory and all changes after the hearing on the resolution of intention shall be ordered only as provided in this chapter.
(Amended by Stats. 2006, Ch. 538, Sec. 543. Effective January 1, 2007.)