SECTIONS 20850-20874 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20850-20874

20850. The provisions of this article shall apply to contracts by
public entities as provided for in the Improvement Act of 1911
pursuant to Division 7 (commencing with Section 5000) of the Streets
and Highways Code.

20852. The superintendent of streets shall advertise for bids for
the improvement of the roadbed pursuant to Section 6764 of the
Streets and Highways Code. The legislative body shall award the
contract for the making of the improvements to the lowest regular
responsible bidder. The bidding and awarding of contracts shall be
made in the manner provided in Part 3 (commencing with Section 5100)
of Division 7 of the Streets and Highways Code for the awarding of
contracts for improvements except that no notice of award shall be
published.

20853. Immediately upon the award of the contract, the
superintendent of streets shall enter into a contract with the person
to whom the contract was awarded for making the improvements upon
the portions of the streets described in the notice inviting bids,
and at the price stated in the bid. The contractor shall execute
bonds in the manner required by Section 20426.

20854. Upon the completion of the work and its acceptance, the
street superintendent shall make a certificate of completion,
together with a statement of the amount due under the terms of the
contract for the performance of the work. The certificate shall be
countersigned by the mayor and shall be recorded in the office of the
superintendent of streets. The contractor thereupon shall be
entitled to payment of the full amount of the contract price, and the
recording of such certificate shall be sufficient notice to the
owner of such track or tracks that the contract price is due and
payable.

20855. If the contract price is not paid within 30 days from the
date of the recording of the certificate, the contractor may file a
sworn statement to that effect with the superintendent of streets,
who shall record the same in his or her office in the book in which
the certificate of acceptance has been recorded. The contractor shall
thereupon have a cause of action against the person owning the
tracks for the amount of the contract, together with a reasonable
attorney's fee, and shall also have as security for the recovery of
such amount, a first lien upon that portion of the track and
franchises of the railroad, between whose rails or tracks the work
has been performed, which is contained within the corporate limits of
the city.

20856. In the action, the certificate of completion shall be and
constitute prima facie evidence of the regularity of all proceedings
and of the right of the contractor to recover judgment against the
person owning the tracks. Execution may be taken out upon the entry
of judgment, and levied upon any property of that person which is
subject to execution.

20857. If the person files a written election to enter upon the
direct performance of the work at its own cost and expense, no
further proceedings shall be taken in the matter unless such person
neglects or fails for 30 days, or for such further time as the
legislative body may grant, to make the improvement. If the
improvement of the portions of the street required to be improved by
such person is not made with diligence or in all respects similar to
the improvement of the rest of the street, or with the same materials
or under the same specifications, and to the satisfaction of the
superintendent of streets, the legislative body may, by resolution
entered in its minutes, prescribe such terms and conditions as to it
may seem fit and proper before permitting the said person to continue
with the work.

20858. If the person shall, after three days' notice of the
adoption of the resolution, fail to comply with the terms and
conditions so prescribed, the legislative body may declare that
person to have forfeited its privilege of performing such work under
its own direction. Whereupon the street superintendent shall
advertise for bids for the performance of the work, or such portion
thereof as may remain uncompleted, and the contract therefor shall be
awarded and entered into in the manner provided for in this article
for the awarding and execution of contracts where the person owning
the track has not elected to make the improvements under its own
direction.

20859. Upon the completion of the improvement, the contractor to
whom the contract has been awarded, or his or her assigns, shall be
entitled to a certificate of completion from the street
superintendent, and shall have the right to collect from the person
by suit, the amount specified in the certificate in all respects the
same as provided in this article where the contract is let for such
work in the first instance.

20867. The legislative body shall award the contract for doing the
work to the lowest responsible bidder. 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.
The bids shall be delivered, opened, and award of contract made,
all as provided by Chapter 9 (commencing with Section 5240) of Part 3
of Division 7 of the Streets and Highways Code, except that no
notice of award shall be published. Upon the award being made, the
superintendent of streets shall enter into a contract with the person
to whom the contract was awarded for doing the work described in the
notice inviting bids, and at the price stated in the bid. The
contractor shall execute a bond in the manner required by Section
5254 of the Streets and Highways Code.
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.

20868. Upon the completion of the work and its acceptance, the
street superintendent shall make a certificate of completion,
together with a statement of the amount due under the terms of the
contract for the performance of the work. The certificate shall be
countersigned by the mayor, and shall be recorded in the office of
the superintendent of streets.

20869. When the certificate of completion has been recorded the
contractor shall be entitled to payment for the full amount of the
contract price, and the recording of the certificate shall be
sufficient notice to the owner of such track or tracks that such
amount is due and payable.

20870. If the contract price is not paid within 30 days from the
date of the recording of the certificate of completion, the
contractor may file a sworn statement to that effect with the
superintendent of streets, who shall record the same in his or her
office in the book in which the certificate of completion has been
recorded. The contractor shall thereupon have a cause of action
against the person owning the tracks for the amount of the contract,
together with a reasonable attorney's fee, to be fixed by the court,
and shall also have as security for the recovery of such amount, a
first lien upon that portion of the track and franchises of that
railroad which is contained within the corporate limits of the city.

20871. In the action, the certificate of completion shall be prima
facie evidence of the regularity of all proceedings, and of the right
of the contractor to recover judgment against the person. Execution
may be taken out upon the entry of judgment, and levied upon any
property of that person which is subject to execution.

20872. If the person files a written election to enter upon the
direct performance of such work at its own cost and expense, no
further proceedings shall be taken in the matter unless such person
neglects or fails for 30 days, or for such further time as the
legislative body may, by resolution, grant, to make and complete the
work.

20873. If the work is not done with diligence as in this article
provided, the legislative body may, by resolution entered upon its
minutes, prescribe such terms and conditions as it may see fit and
proper before permitting the person to continue with the work. If the
person shall, after three days' notice of the adoption of the
resolution, fail to comply with the terms and conditions so
prescribed, the legislative body may, at any time thereafter, declare
the person to have forfeited its privilege of performing such work
under its own direction. Whereupon the street superintendent shall
advertise for bids for the performance of the work, or such portion
thereof as may remain uncompleted, and the contract therefor shall be
awarded and entered into in the manner provided for in this article
for the awarding and execution of contracts where the person has not
elected to make the improvements under its own direction.

20874. Upon the completion of the improvement, the contractor to
whom the contract has been awarded, or his or her assigns, shall be
entitled to a certificate of completion from the street
superintendent, and shall have the right to collect from the person
by suit the amount specified in the certificate in all respects the
same as provided in this chapter where the contract is let for such
work in the first instance.