SECTIONS 20670-20676 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20670-20676

20670. The provisions of this article shall apply to contracts by
public entities as provided for in Division 5 (commencing with
Section 4000) of the Government Code.

20671. As used in this chapter:
(a) "Public leaseback" means any lease by a public entity, as
lessee, of buildings, structures, or other facilities which are
permanently attached to land, where the lease is between the public
entity and a public leaseback corporation, as lessor, and the lease
is executed before the buildings, structures, or facilities have been
built.
(b) "Public entity" means any city, charter city, city and county,
county, district, public corporation, or political subdivision of
the state.
(c) "Public leaseback corporation" means any corporation or
nonprofit corporation organized or controlled by a public entity
which constructs or arranges for the construction of buildings,
structures, or other facilities which are permanently attached to
land for public leaseback.
(d) "Public projects" means the construction of buildings,
structures, or other facilities which are permanently attached to
land.

20672. Any public project by a public leaseback corporation in
excess of three thousand dollars ($3,000) shall be constructed under
contract awarded to the lowest responsible bidder, and such contract
shall require the payment of prevailing wages as determined by the
public leaseback corporation in the manner and form provided in
Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of
Division 2 of the Labor Code.

20673. For the purpose of securing bids, the public leaseback
corporation shall give notice of the time and place for opening bids
to prospective bidders by publication once a week for two consecutive
weeks in a newspaper of general circulation printed and published in
the jurisdiction in which the land is located, or if located in more
than one jurisdiction, in such a newspaper in a jurisdiction in
which a major portion of the project is to be done. If there is no
such newspaper, then publication shall be in a newspaper of general
circulation circulating in the jurisdiction.

20674. 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 public entity.
(c) A certified check made payable to the public entity.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the public entity.
Any bid may be withdrawn at any time prior to the time fixed in
the public notice for the opening of bids by written request for the
withdrawal of the bid filed with the public leaseback corporation.
The request shall be executed by the bidder or the bidder's duly
authorized representative. The withdrawal of a bid does not prejudice
the right of the bidder to submit a new bid. 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.
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 public entity
beyond 60 days from the time the award is made.

20675. If the public leaseback corporation deems the acceptance of
the lowest responsible bid is not in the best interests of the public
entity the public leaseback corporation may reject all bids and
advertise for other bids in the manner required by this chapter.

20676. A contractor or a mining operator shall not sell any sand,
gravel, or other minerals, as defined in subdivision (c) of Section
10295.5, to a local agency, unless the operation is not subject to
the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing
with Section 2710) of Division 2 of the Public Resources Code), or
unless the contractor or mining operator certifies, under penalty of
perjury, that the minerals are from a mining operation identified in
the list published pursuant to subdivision (b) of Section 2717 of the
Public Resources Code.