DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000. - 4563.]

Division 5 enacted by Stats. 1943, Ch. 134.

§§ 4000–4563 · 142 sections

CHAPTER 1. Cost Records to be Kept §§ 4000–4007 · 8 sections
- § 4000 This chapter does not apply to maintenance work, work occasioned by emergency, and work costing less than fifteen thousand dollars ($15,000).
- § 4001 As used in this chapter, “engineer” means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or…
- § 4002 As used in this chapter, “public work” means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or…
- § 4003 The engineer directing, supervising or superintending the construction, or in charge of the engineering work for or in connection with public work shall keep…
- § 4004 Prior to the commencement of the public work, the engineer shall prepare and file in his office either full, complete and accurate plans and specifications or…
- § 4005 Within 60 days from the completion of any public work, the engineer shall prepare and file in the office of the clerk of the board of supervisors of the county…
- § 4006 Plans, specifications, work authorizations describing work to be performed, and all other information referred to in this chapter are open to inspection and…
- § 4007 Every engineer who wilfully violates any of the provisions of this chapter is guilty of a misdemeanor.
CHAPTER 3. Backfilling Excavations With Native Spoil §§ 4200–4201 · 2 sections
- § 4200 As used in this chapter: (a) “Competent spoil” means soils that can be treated to bring their moisture content into the optimum range, and that can achieve the…
- § 4201 Any local agency that undertakes or contracts for an excavation for the installation, removal, maintenance, or repair of underground facilities may backfill…
CHAPTER 3.1. Protection of Underground Infrastructure §§ 4215–4216.24 · 25 sections
1. ARTICLE 1. Public Utility Protection in Public Contracts § 4215 · 1 section
  - § 4215 In any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the…
2. ARTICLE 2. Regional Notification Center System §§ 4216–4216.24 · 24 sections
  - § 4216 As used in this article, the following definitions apply: (a) “Active subsurface installation” means a subsurface installation currently in use or currently…
  - § 4216.1 (a) Every operator of a subsurface installation, except the Department of Transportation, shall become a member of, participate in, and share in the costs of,…
  - § 4216.2 (a) Before notifying the appropriate regional notification center, an excavator planning to conduct an excavation shall delineate the area to be excavated. If…
  - § 4216.3 (a) (1) (A) Unless the excavator and operator mutually agree to a later start date and time, or otherwise agree to the sequence and timeframe in which the…
  - § 4216.4 (a) (1) Except as provided in paragraph (2), if an excavation is within the tolerance zone of a subsurface installation, the excavator shall determine the…
  - § 4216.5 (a) The requirements of this article apply to state agencies and to local agencies that own or operate subsurface installations, except as otherwise provided…
  - § 4216.6 (a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars…
  - § 4216.7 (a) If a subsurface installation is damaged by an excavator as a result of failing to comply with Section 4216.2, 4216.4, or 4216.10 or subdivision (b) of…
  - § 4216.8 This article does not apply to any of the following persons: (a) An owner of real property who contracts for an excavation project on the property, not…
  - § 4216.9 (a) A permit to excavate issued by any local agency, as defined in Section 4216, or any state agency, shall not be valid unless the applicant has been provided…
  - § 4216.10 (a) In lieu of the notification and locate and field mark requirements of Sections 4216.2 and 4216.3, an excavator may contact a regional notification center…
  - § 4216.11 On or before January 1, 2020, the board shall adopt regulations to establish minimum elements for the onsite meeting and minimum elements for the mutually…
  - § 4216.12 (a) The Dig Safe Board is hereby created under, and shall be assisted by the staff of, the Office of the State Fire Marshal until January 1, 2022. On and after…
  - § 4216.13 (a) The board shall be composed of nine members, of which seven shall be appointed by the Governor, one shall be appointed by the Speaker of the Assembly, and…
  - § 4216.14 (a) The term of a member of the board is four years. Of the first members of the board, four members, determined by lot, shall serve for two years so that the…
  - § 4216.15 The board shall meet at least once every three months. The board shall hold meetings in Sacramento and Los Angeles, and in other locations in the state it…
  - § 4216.16 The board may obtain funding for its operational expenses from: (a) A federal grant. (b) A fee charged to members of the regional notification centers not to…
  - § 4216.17 (a) The board shall annually convene a meeting for the following purposes: (1) To understand the existing needs for education and outreach, including to those…
  - § 4216.18 The board shall develop a standard or set of standards relevant to safety practices in excavating around subsurface installations and procedures and guidance…
  - § 4216.19 (a) The board shall investigate possible violations of this article. (b) The board may investigate reports of occurrences of excavator downtime, damages, near…
  - § 4216.21 (a) For an investigation that the board undertakes as a result of a complaint of a violation of Section 4216.2, 4216.3, 4216.4, or 4216.10, the complainant…
  - § 4216.22 Consistent with all laws of this state, the board may prescribe rules and regulations as may be necessary or proper to carry out the purposes and intent of…
  - § 4216.23 (a) Notwithstanding Section 10231.5, the board shall report to the Governor and the Legislature on or before February 1, 2018, and each year thereafter, on the…
  - § 4216.24 The Safe Energy Infrastructure and Excavation Fund is hereby established in the State Treasury. Moneys deposited into the fund shall be used, upon…
CHAPTER 3.2. Energy Conservation Contracts §§ 4217.10–4217.19 · 10 sections
- § 4217.10 To help implement the policy set forth in Section 25008 of the Public Resources Code, and to extend that policy to facilities of local governments, public…
- § 4217.11 The following terms, whenever used in this chapter, have the meanings given in this section, except where the context clearly indicates otherwise: (a)…
- § 4217.12 (a) Notwithstanding any other provision of law, a public agency may enter into an energy service contract and any necessarily related facility ground lease on…
- § 4217.13 Notwithstanding any other provision of law, a public agency may enter into a facility financing contract and a facility ground lease on terms that its…
- § 4217.14 Notwithstanding any other provision of law, the public agency may enter into contracts for the sale of electricity, electrical generating capacity, or thermal…
- § 4217.15 The public agency may, but is not required to, base the findings required under Sections 4217.12 and 4217.13 on projections for electrical and thermal energy…
- § 4217.16 Prior to awarding or entering into an agreement or lease, the public agency may request proposals from qualified persons. After evaluating the proposals, the…
- § 4217.17 This chapter does not limit the authority of any public agency to construct energy conservation projects or to enter into other leases or contracts relating to…
- § 4217.18 The provisions of this chapter shall be construed to provide the greatest possible flexibility to public agencies in structuring agreements entered into…
- § 4217.19 The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public…
CHAPTER 3.3. Regional Interoperable Communications System in Los Angeles County § 4218 · 1 section
- § 4218 Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of this code, or Part 3 (commencing with Section 20100) of Division 2 of the Public…
CHAPTER 4. Preference for Materials §§ 4300–4361 · 16 sections
1. ARTICLE 1. American-Made Materials §§ 4300–4305 · 9 sections
  - § 4300 As used in this article: (a) “United States” means the United States of America, and includes any Territory or insular possession of the United States. (b)…
  - § 4301 This article does not apply to materials which are of a class or kind which are not, or which are manufactured from materials which are not, produced in the…
  - § 4302 This article does not apply to medical and surgical instruments, scientific equipment, microscopes, lenses, or instruments used for scientific or medical…
  - § 4302.5 The provisions of this article do not apply to the purchase of sewing machines, regardless of the place of their manufacture or the source of the materials…
  - § 4302.6 The provisions of this article do not apply to the purchase of printing presses of rotary gripper system or single revolution design, which are purchased…
  - § 4303 The governing body of any political subdivision, municipal corporation, or district, and any public officer or person charged with the letting of contracts for…
  - § 4303.5 Any provision of this article to the contrary notwithstanding, any such body or person may let a contract for the purchase of office machines or supplies…
  - § 4304 Every contract for the construction, alteration or repair of public works or for the purchase of materials for public use shall contain a provision that only…
  - § 4305 The name of the person failing to comply, together with a report of the facts constituting the violation, shall be posted by the governing board or person who…
2. ARTICLE 2. California-Made Materials §§ 4330–4334 · 5 sections
  - § 4330 As used in this article, “supplies” includes goods, wares, merchandise, and manufactures.
  - § 4331 Price, fitness, and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the…
  - § 4332 All State, county, or city officers, all bodies, and other persons charged with advertising for supplies shall state in their advertisement that such…
  - § 4333 In any advertisement for supplies no bid shall be asked for any article of a specific brand or mark nor any patent apparatus or appliances, when such…
  - § 4334 Public officers and bodies charged with the letting of contracts for public work, with the construction of public bridges, buildings and other structures, or…
3. ARTICLE 3. Services and Supplies of Agricultural Aircraft Operators §§ 4360–4361 · 2 sections
  - § 4360 As used in this article (a) “Agricultural aircraft operator” means any person who applies, from an aircraft, chemicals, seeds, or fertilizers. (b) “Services”…
  - § 4361 Public officers and bodies charged with the purchase or the letting of contracts for services or supplies for any public use may give such contracts and…
CHAPTER 5. Emergency Termination of Public Contracts §§ 4400–4412 · 5 sections
1. ARTICLE 1. General Provisions §§ 4400–4401 · 2 sections
  - § 4400 This chapter shall be known and cited as the “Emergency Termination of Public Contracts Act.”
  - § 4401 “Public agency,” as used in this chapter, includes the State, its various commissions, boards and departments and any county, city, district or state agency…
2. ARTICLE 2. Voluntary Termination §§ 4410–4412 · 3 sections
  - § 4410 In the event a national emergency occurs, and public work, being performed by contract, is stopped, directly or indirectly, because of the freezing or…
  - § 4411 Such an agreement shall include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any,…
  - § 4412 It shall be competent for any public agency to provide in the specifications for any public works contract detailed provisions as to the conditions under which…
CHAPTER 6. Unfair and Coercive Insurance Requirements §§ 4420–4422 · 5 sections
- § 4420 (a) No state or local governmental agency and no person acting on behalf of any state or local governmental agency, except a governmental agency created…
- § 4420.5 (a) Section 4420 does not apply to any construction or renovation project undertaken by a school district or community college district. (b) The district may…
- § 4420.8 (a) Notwithstanding subdivision (b) of Section 4420, commencing January 1, 1999, a state agency may utilize owner-controlled or wrap-up insurance programs if…
- § 4421 This chapter shall not prevent the exercise by such officer or employee on behalf of the state or such public agency or public authority of the right to…
- § 4422 All provisions in any invitation for bids, or in any of the contract documents, in conflict with this chapter are hereby declared to be contrary to the public…
CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons §§ 4450–4461 · 20 sections
- § 4450 (a) It is the purpose of this chapter to ensure that all buildings, structures, sidewalks, curbs, and related facilities, constructed in this state by the use…
- § 4450.5 The State Architect’s regulations adopted pursuant to Section 4450 shall require that all parking spaces reserved for the handicapped be identified as…
- § 4451 (a) Except as otherwise provided in this section, this chapter shall be limited in its application to all buildings and facilities stated in Section 4450…
- § 4452 It is the intent of the Legislature that the building standards published in the State Building Standards Code relating to access by the physically handicapped…
- § 4453 The responsibility for enforcement of this chapter shall be as follows: (a) By the Director of the Department of General Services where state funds are…
- § 4453.5 (a) In addition to any other inspection requirements pertaining to building standards of state and school district buildings used by the public, the…
- § 4454 (a) Where state funds are utilized for any building or facility subject to this chapter, or where funds of counties, municipalities, or other political…
- § 4454.5 (a) (1) A building or facility otherwise subject to this chapter that is used or intended to be used by a school district or community college district as…
- § 4455 The Department of Rehabilitation shall be responsible for educating the public and working with officials of cities, counties, municipalities, and other…
- § 4455.5 All new elevators in public buildings or facilities after the operative date of the act that amended this section during the first year of the 1979–80 Regular…
- § 4456 After the effective date of this section, any building or facility which would have been subject to this chapter but for the fact it was constructed prior to…
- § 4457 On or after January 1, 1986, all portable buildings purchased, leased, or constructed by a school district shall meet the requirements of this chapter, except…
- § 4458 The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, or the Attorney General may bring an action to…
- § 4459 (a) The State Architect shall develop amendments for building regulations and submit them to the California Building Standards Commission for adoption to…
- § 4459.5 (a) The State Architect shall establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a…
- § 4459.6 The State Architect shall appoint an ad hoc advisory committee to assist in developing the requirements for certification as access specialists pursuant to…
- § 4459.7 (a) (1) No later than October 31 of each year, the State Architect shall publish and make available to the public a list of certified access specialists who…
- § 4459.8 (a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State…
- § 4460 (a) The Legislature finds and declares that it is essential that detectable warning and directional surfaces comply with the California Building Standards Code…
- § 4461 If a violation of Section 4450, 4450.5, 4451, 4452, 4453.5, 4454, 4455, 4455.5, 4456, 4457, 4459, or 4460
CHAPTER 7.5. Disability Access and Education §§ 4465–4470 · 5 sections
- § 4465 (a) There is hereby established in the Division of the State Architect a Disability Access and Education Revolving Fund, as set forth in Section 4470, for the…
- § 4467 (a) (1) On and after January 1, 2013, through December 31, 2017, inclusive, any applicant for a local business license or equivalent instrument or permit, and…
- § 4469 (a) On and after January 1, 2013, each city, county, or city and county shall provide to an applicant for a business license or equivalent instrument or permit…
- § 4469.5 (a) In addition to the information required by Section 4469, each city, county, or city and county that issues business licenses, building permits for…
- § 4470 (a) All funds received by the Division of the State Architect under this chapter shall be deposited in the Disability Access and Education Revolving Fund,…
CHAPTER 8. Purchases §§ 4475–4482 · 8 sections
- § 4475 “State agency,” as used in this chapter, means any state agency defined in Section 11000, which is authorized to enter into contracts and shall include, but…
- § 4476 “Person,” as used in this chapter means any individual, corporation, association, or any other entity organized for the purpose of conducting business.
- § 4477 No state agency shall enter into any contract for the purchase of supplies, equipment, or services from any person who is in violation of any order or…
- § 4478 The provisions of this chapter shall not apply to contracts with a dollar value below the required level for competitive bidding established in Section 10301…
- § 4479 Each state agency shall exercise due diligence in determining whether or not one or more persons have divided a contract to avoid the limitation of Section…
- § 4480 The provisions of this chapter shall not apply when a person otherwise prohibited from contracting with the state under this chapter is the sole source of a…
- § 4481 Each local agency or board set forth in Section 4477 shall notify within seven days after determination thereof, the Water Resources Control Board or Air…
- § 4482 The provisions of this chapter shall not apply to contracts executed prior to the effective date of this chapter.
CHAPTER 9. Rapid Transit § 4500 · 1 section
- § 4500 (a) Notwithstanding the provisions of any statute, rule, regulation, decision, or pronouncement to the contrary, other than subdivision (b), every state…
CHAPTER 10. Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms §§ 4525–4529.5 · 7 sections
- § 4525 For purposes of this chapter, the following terms have the following meaning: (a) “Firm” means any individual, firm, partnership, corporation, association, or…
- § 4526 (a) (1) Notwithstanding any other law, selection by a state or local agency head for professional services of private architectural, landscape architectural,…
- § 4526.5 A state agency head entering into a contract pursuant to this chapter shall, in addition to any other applicable statute or regulation, also follow Section…
- § 4527 In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the…
- § 4528 (a) When the selection is by a state agency head the following procedures shall apply: (1) The state agency head shall negotiate a contract with the best…
- § 4529 This chapter shall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little…
- § 4529.5 Any individual or firm proposing to provide construction project management services pursuant to this chapter shall provide evidence that the individual or…
CHAPTER 10.1. [Architectural and Engineering Services] §§ 4529.10–4529.20 · 11 sections
- § 4529.10 For purposes of Article XXII of the California Constitution and this act, the term “architectural and engineering services” shall include all architectural,…
- § 4529.11 All projects included in the State Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be…
- § 4529.12 All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees…
- § 4529.13 Nothing contained in this act shall be construed to change project design standards, seismic safety standards or project construction standards established by…
- § 4529.14 Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and…
- § 4529.15 This act only applies to architectural and engineering services defined in Government Code Section 4529.10. Nothing contained in this act shall be construed to…
- § 4529.16 This act shall not be applied in a manner that will result in the loss of federal funding to any governmental entity.
- § 4529.17 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or…
- § 4529.18 If any act of the Legislature conflicts with the provisions of this act, this act shall prevail.
- § 4529.19 This act shall be liberally construed to accomplish its purposes.
- § 4529.20 This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are…
CHAPTER 10.5. Target Area Contract Preference Act §§ 4530–4535.3 · 10 sections
- § 4530 This chapter shall be known as the “Target Area Contract Preference Act.”
- § 4531 The Legislature hereby declares that it serves a public purpose, and is of benefit to the state, to encourage and facilitate job maintenance and job…
- § 4532 As used in this chapter: (a) “California-based company” means either of the following: (1) A business or corporation whose principal office is located in…
- § 4533 (a) Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the…
- § 4533.1 Where a bidder complies with the provisions of Section 4533 or 4534, or the worksite or worksites where at least 50 percent of the labor required to perform…
- § 4534 (a) In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed…
- § 4535 All state contracts issued to bidders who are awarded preferences under this chapter shall contain conditions to ensure that the contractor performs the…
- § 4535.1 A business that requests and is given the preference provided for in Section 4533, 4533.1, 4534, or 4534.1 by reason of having furnished a false certification,…
- § 4535.2 (a) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no…
- § 4535.3 The Department of General Services, with the cooperation of the Employment Development Department, the Department of Industrial Relations and the Office of…
CHAPTER 11. Antitrust Claims §§ 4550–4554 · 4 sections
- § 4550 As used in this chapter: (a) “Public purchase” means a purchase by means of competitive bids of goods, services, or materials by the state or any of its…
- § 4552 In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights,…
- § 4553 If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this…
- § 4554 Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the…
CHAPTER 12. Child Care Facilities for State Employees §§ 4560–4563 · 4 sections
- § 4560 (a) The Legislature finds and declares that there is a substantial need to provide adequate child care facilities for state employees. (b) When the state…
- § 4561 Child care facilities for the employees of the California State University and Colleges and the University of California shall be incorporated into the campus…
- § 4562 This chapter shall not apply to the design of new state office buildings, additions, alterations, or repairs of existing state-owned office buildings, where…
- § 4563 (a) Sections 4560, 4561, and 4562 are not applicable to any state-owned transportation facility. (b) Space at a state-owned transportation facility may be…