CHAPTER 2.5. California State University Contract Law [10700. - 11005.]

Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4.

§§ 10700–11005 · 71 sections

1. ARTICLE 1. General Provisions §§ 10700–10710 · 12 sections

   • § 10700 This chapter may be cited as the California State University Contract Law.
   • § 10701 As used in this chapter: (a) “Project” includes the erection, construction, alteration, painting, repair, or improvement of any state structure, building,…
   • § 10702 Contracts for the purchase of supplies or materials, which are purchased through the Department of General Services, are not subject to this chapter, even…
   • § 10703 Work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority, is not subject to this…
   • § 10704 The project shall be under the sole and direct control of the trustees, pursuant to the powers and responsibilities invested in them by Chapter 8 (commencing…
   • § 10705 (a) When, in the opinion of the trustees, the work does not require the application of all of the provisions of this chapter in connection therewith, the…
   • § 10706 The trustees and the Department of General Services may enter into an agreement under which the Department of General Services will carry out any of the…
   • § 10706.5 The trustees may enter into an agreement with an auxiliary organization, as defined in Section 89901 of the Education Code, under which the auxiliary…
   • § 10707 The trustees may enter into service contracts. Such contracts shall be subject only to Section 10820 and to such other provisions of this chapter, if any, as…
   • § 10708 (a) When, in the opinion of the trustees, the best interests of the California State University dictate, the trustees may enter into an agreement with a…
   • § 10709 Notwithstanding any provision of the California State University Contract Law and any other provision of law to the contrary, the trustees may enter into an…
   • § 10710 (a) Notwithstanding any other provisions of this chapter, the trustees may award annual contracts that do not exceed three million dollars ($3,000,000) for…
2. ARTICLE 2. Plans and Specifications §§ 10720–10726 · 7 sections

   • § 10720 Before entering into any contract for a project, the trustees, pursuant to the powers invested in them by Chapter 8 (commencing with Section 66600) of Part 40…
   • § 10721 The plans, specifications, and estimates of cost shall be approved by the trustees, and the original draft or a certified copy filed permanently in the office…
   • § 10722 Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to this chapter, except that it may be done by day’s labor…
   • § 10723 Upon the approval of the trustees the authorized employees of the trustees may, when proceeding upon the basis of day’s labor, let any subdivision or unit of…
   • § 10724 Bids may be received and contracts awarded on a unit basis, that is, the bids compared upon the basis of estimates of the quantities of the work to be done.
   • § 10725 Except in unit basis contracts, contracts shall not be made exceeding in amount the estimates of costs approved by the trustees. Plans and specifications and…
   • § 10726 The trustees may receive bids for the construction of several public works projects at the California State University as a single project. Where more than one…
3. ARTICLE 3. Advertisement for Bids §§ 10740–10743 · 4 sections

   • § 10740 When it appears from the estimates of cost that the estimated contract price of any project will not exceed fifteen thousand dollars ($15,000), the trustees…
   • § 10741 The notices shall state the time and place for the receiving and opening of sealed bids and describe in general terms the work to be done.
   • § 10742 If it appears that the estimated contract price will exceed fifteen thousand dollars ($15,000), public notice to bidders shall be given by publication once a…
   • § 10743 The notices shall state the time and place for the receiving and opening of sealed bids and that the bids will be required for the entire project and for the…
4. ARTICLE 4. Bids and Bidders §§ 10760–10767 · 8 sections

   • § 10760 The trustees may require, and on contracts the estimated cost of which exceeds the value of a minor capital outlay project for which, pursuant to the first…
   • § 10761 The trustees shall adopt and apply a uniform system of rating bidders, on the basis of the standard questionnaires and financial statements, in respect to the…
   • § 10762 In all projects for road, street, and bridge work where federal funds are involved and where a bidder is required to be and has been prequalified pursuant to…
   • § 10763 The questionnaires and financial statements are not public records and are not open to public inspection.
   • § 10764 The trustees shall furnish to each bidder a standard proposal form, which, when filled out and executed, may be submitted as the bid. Bids not presented on…
   • § 10765 (a) All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: cash, a cashier’s check, certified…
   • § 10766 Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time.
   • § 10767 Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid…
5. ARTICLE 5. Award of Contracts §§ 10780–10785 · 7 sections

   • § 10780 On the day named in the public notice the trustees shall publicly open the sealed bids and award the contracts to the lowest responsible bidders.
   • § 10780.5 The trustees may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the…
   • § 10781 If the successful bidder fails to execute the contract, the bidder’s security shall be forfeited to the state. The cash or proceeds shall be deposited in the…
   • § 10782 If the trustees deem it is for the best interest of the state, they may, on the refusal or failure of the successful bidder to execute the contract, award it…
   • § 10783 The failure of the successful bidder to furnish any bond required by law, within the time fixed for execution of the contract, constitutes a failure to execute…
   • § 10784 The bidder’s security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier’s…
   • § 10785 If the trustees deem the acceptance of the lowest responsible bid or bids is not for the best interests of the state, they may reject all bids and proceed by…
6. ARTICLE 7. Contract Requirements §§ 10820–10828 · 9 sections

   • § 10820 Every contract awarded under this chapter shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the…
   • § 10821 Every contract shall provide for the filing of separate performance and payment bonds by the contractor executed by an admitted surety insurer, subject to the…
   • § 10822 Each bond shall be in a sum equal to at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code.
   • § 10823 The payment bond shall secure the payment of the claims of laborers, mechanics, or materialmen employed on the work under the contract and shall contain all…
   • § 10824 The performance bond shall guarantee the faithful performance of the contract by the contractor.
   • § 10825 No payment shall be made upon the contract to the contractor or any assignee of the contractor until an order by the trustees that a sufficient surety be…
   • § 10826 Every contract shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall…
   • § 10827 Every contract shall provide that the trustees may make changes in the plans and specifications pursuant to this chapter.
   • § 10828 Notwithstanding any other law, commencing January 1, 2024, the California State University shall not approve a health benefit plan contract for employees that…
7. ARTICLE 7.8. Conflict of Interest §§ 10830–10833 · 4 sections

   • § 10830 (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid or be awarded a contract on or after July 1,…
   • § 10831 No officer or employee of the California State University shall engage in any employment, activity, or enterprise for which the officer or employee receives…
   • § 10832 (a) No retired, dismissed, separated, or formerly employed person of the California State University employed with the California State University or otherwise…
   • § 10833 (a) Except as otherwise provided in subdivision (b), each contractor who enters into a contract with a California State University campus for ten thousand…
8. ARTICLE 8. Modifications; Performance; Payment §§ 10840–10853 · 14 sections

   • § 10840 The trustees may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work.
   • § 10841 The trustees may cause the insertion of provisions in any contract for the performance of such extra work and the furnishing of materials therefor by the…
   • § 10842 The trustees may grant such extensions of time for completion as they deem for the best interests of the state.
   • § 10843 If the trustees deem that a contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to…
   • § 10844 If the defaults are not remedied within the time specified in the notice, the contractor’s control shall terminate as of the expiration of that time.
   • § 10845 Upon such termination, the trustees may take possession of and use all or any part of the contractor’s materials, tools, equipment, and appliances upon the…
   • § 10846 Such informal contracts may be awarded only after a proposal form has been prepared, a copy is served upon the contractor whose control has been terminated,…
   • § 10847 The provisions of this chapter, except as to prequalifications, are not applicable to the award of informal contracts.
   • § 10848 If the control of a contractor is terminated or he or she abandons the work, and the work is performed by day’s labor or informal contract as provided in…
   • § 10849 On the completion of the contract, the original contractor is entitled to the return of all his or her unused materials, and his or her equipment, tools, and…
   • § 10850 The notices required by this article may be served on the contractor or on his or her agent having charge of the work, personally, or by registered mail…
   • § 10851 Payments upon contracts shall be made as the trustees prescribe upon estimates made and approved by the trustees, but progress payments shall not be made in…
   • § 10852 At the request and expense of the contractor, and with the approval of the trustees, any amount withheld pursuant to Section 10851 may be deposited with the…
   • § 10853 (a) If the trustees fail to make a progress payment on a contract within 39 days after receipt of an undisputed and properly submitted payment request from a…
9. ARTICLE 9. Offenses §§ 10870–11005 · 6 sections

   • § 10870 Any officer or employee of the trustees who corruptly performs any official act to the injury of the state, is guilty of a felony.
   • § 10871 Any contractor or his or her agent or employee who corruptly permits the violation of any contract awarded under this chapter to the injury of the state is…
   • § 10872 Any subcontractor or agent or employee of any contractor or subcontractor, who has knowledge of any work being done in violation of any contract under this…
   • § 10873 Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
   • § 10874 Such persons are also liable to the state for double the amount the state may have lost, or be liable to lose by reason of the acts made crimes by this article.
   • § 11005 “Spouse,” as used in this code, includes “registered domestic partner,” as required by Section 297.5 of the Family Code.