SECTIONS 10220-10232 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10220-10232

10220. Every contract awarded under this part shall be submitted to
the Attorney General or the attorney appointed according to law and
authorized to represent the department under which it is to be
performed. Such a contract is not binding on the state until the
appropriate attorney finds it to be in accordance with the
requirements of this chapter, and endorses such finding thereon.
A certified copy of each contract shall be filed with the
Controller, but the failure so to file does not invalidate it.

10221. Every contract shall provide for the filing of separate
performance and payment bonds by the contractor in the form of bonds
executed by an admitted surety insurer and not deposits in lieu of
bond, subject to the approval of the department.

10222. (a) Each bond shall equal at least one-half of the contract
price, except as otherwise provided in Section 3248 of the Civil
Code, in the California Toll Bridge Authority Act (Chapter 1
(commencing with Section 30000) of Division 7 of the Streets and
Highways Code), or in subdivision (b).
(b) Notwithstanding subdivision (a), for projects with a contract
price greater than two hundred fifty million dollars ($250,000,000),
the Department of Transportation shall have the discretion to specify
that the payment bond shall equal not less than one-half of the
contract price or five hundred million dollars ($500,000,000),
whichever is less.

10222. (a) Each bond shall equal at least one-half of the contract
price, except as otherwise provided in Section 9554 of the Civil
Code, in the California Toll Bridge Authority Act (Chapter 1
(commencing with Section 30000) of Division 7 of the Streets and
Highways Code), or in subdivision (b).
(b) Notwithstanding subdivision (a), for projects with a contract
price greater than two hundred fifty million dollars ($250,000,000),
the Department of Transportation shall have the discretion to specify
that the payment bond shall equal not less than one-half of the
contract price or five hundred million dollars ($500,000,000),
whichever is less.

10223. 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 other provisions required by law.

10224. The performance bond shall guarantee the faithful
performance of the contract by the contractor.

10225. No payment shall be made upon the contract to the contractor
or any assignee of the contractor until any order by the director
that a sufficient surety be substituted on the bond or that a new,
additional, or supplemental bond be given, is satisfied. No
cancellation of or withdrawal of a surety from a bond is effective
unless approved by the director.

10226. 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 provide that for each day completion
is delayed beyond the specified time, the contractor shall forfeit
and pay to the state a specified sum of money, to be deducted from
any payments due or to become due to the contractor. The sum so
specified is valid as liquidated damages unless manifestly
unreasonable under the circumstances existing at the time the
contract was made. A contract for a road project, flood control
project, or project involving facilities of the State Water Resources
Development System may also provide for the payment of extra
compensation to the contractor, as a bonus for completion prior to
the specified time, the provision, if used, to be included in the
specifications and to clearly set forth the basis for the payment.

10227. Every contract shall provide that the department may make
changes in the plans and specifications pursuant to this part.

10231. Every contract subject to this part shall contain a
provision requiring each contractor to comply with all air pollution
control rules, regulations, ordinances, and statutes which apply to
any work performed pursuant to the contract, including any air
pollution control rules, regulations, ordinances, and statutes
specified in Section 11017 of the Government Code.

10232. Every contract shall contain a statement by which the
contractor swears under penalty of perjury that no more than one
final, unappealable finding of contempt of court by a federal court
has been issued against the contractor within the immediately
preceding two-year period because of the contractor's failure to
comply with an order of a federal court which orders the contractor
to comply with an order of the National Labor Relations Board. For
purposes of this section, a finding of contempt does not include any
finding which has been vacated, dismissed, or otherwise removed by
the court because the contractor has complied with the order which
was the basis for the finding. The state may rescind any contract in
which the contractor falsely swears to the truth of the statement
required by this section.