Title PCC, California Pub. Cont. Code

The remedy for the resolution of claims arising under contracts made under the provisions of this chapter shall be arbitration pursuant to this chapter. (Added by Stats. 1982, Ch. 466, Sec. 90.)

The claimant may initiate arbitration not later than 90 days after the date of service in person or by mail on the claimant of the final written decision by the department on the claim. This limitation shall not apply to any claim founded on any cost audit, latent defect, warrant…

Nothing in this article shall be construed as preventing the parties to the contract, after the claim has arisen, from mutually agreeing in writing to waive the provisions of this article and to have the claim litigated in a court of competent jurisdiction. (Added by Stats. 1982,…

Except as provided in this article and in the regulations adopted pursuant to Section 10240.5, the procedure governing the arbitrations shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. All provisions of Section 1283.05 of t…

A party may, within the applicable time periods and upon the grounds specified in this section and in Article 1 (commencing with Section 1285) of Chapter 4 of Title 9 of Part 3 of the Code of Civil Procedure, petition the court to confirm, correct, or vacate the award rendered by…

The cost of conducting the arbitration shall be borne equally by the parties. The filing fee, witness fees, costs of discovery, or any other cost necessarily incurred by one party shall not be shared by any other party, except that the arbitrator may allow the prevailing party to…

A failure by the claimant to pursue diligently and exhaust, as to the claim, the required administrative procedures set forth in the contract under which the claim arose shall be a bar to arbitration hereunder until there has been compliance therewith. Subject to the preceding se…

Unless otherwise agreed by the parties, the arbitration shall be conducted by a single arbitrator selected by the parties from the certified list created by the Public Works Contract Arbitration Committee. If the parties cannot agree on the arbitrator, either party may petition t…

No decision made by a department shall be conclusive on any issue in the arbitration. (Added by Stats. 1982, Ch. 466, Sec. 90.)

(a) The Departments of General Services, Transportation, and Water Resources shall jointly adopt and may, from time to time, modify, revise, or repeal uniform regulations to implement this article, which regulations shall be consistent with this article and Article 7.2 (commencin…

As used in this article, “claim” means a demand for monetary compensation or damages, arising under or relating to the performance of a contract awarded under this chapter. (Added by Stats. 1982, Ch. 466, Sec. 90.)

As used in this article, “Public Works Contract Arbitration Committee” means the committee created by Article 7.2 (commencing with Section 10245). (Added by Stats. 1982, Ch. 466, Sec. 90.)

Unless the parties to the contract otherwise agree, the arbitration decision shall be decided under and in accordance with the law of this state, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of law. (Adde…

A party to the contract may join in the arbitration as a party, any supplier, subcontractor, design professional, surety, or other person who has so agreed and if the joinder is necessary to prevent a substantial risk of the party otherwise being subjected to inconsistent obligat…

There is hereby established the Public Works Contract Arbitration Committee, which shall consist of seven members, as follows: (a) Three public members, who shall be appointed by the Governor, each of whom shall have at least ten years’ experience with a general contracting firm …

Each member appointed by the Governor shall serve for a term of four years, but shall continue in office until the successor to the member is appointed. Each member shall serve without compensation, but shall be reimbursed for travel and other expenses necessarily incurred in the…

The committee may make recommendations to the departments respecting the arbitration practice and procedure provided by Article 7.1 (commencing with Section 10240). The departments shall consult and confer with the committee respecting the content of the uniform regulations gover…

The committee may establish standards and qualifications for the certification of arbitrators and certify as arbitrators persons meeting such standards and qualifications. The committee may remove persons from its list of certified arbitrators. (Added by Stats. 1982, Ch. 466, Sec…

The Office of Administrative Hearings shall provide administrative services, facilities, and fiscal support to implement this article and Article 7.1 (commencing with Section 10240). The cost thereof shall be recovered through filing fees imposed for each arbitration. (Added by S…

(a) Notwithstanding any other provision of law, any contract by the San Francisco Bay Area Rapid Transit District, the Southern California Rapid Transit District, the Golden Gate Bridge, Highway and Transportation District, the Sonoma-Marin Area Rail Transit District, the San Die…

(a) The Legislature finds and declares that the award of purchase contracts by transit agencies under competitive bid procedures may not be feasible for products and materials that are undergoing rapid technological changes or for the introduction of new technologies into agency …

The provisions of this article shall apply to contracts by the Sonoma-Marin Area Rail Transit District, as provided for in Part 16 (commencing with Section 105000) of Division 10 of the Public Utilities Code. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)

(a) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds seventy-five thousand dollars ($75,000), shall be by contract let to the lowest responsible bidder, or, in the district’s discretion, to the responsible bidder who submitted a propos…

If after rejecting bids the district determines that the supplies, equipment, and materials may be purchased at a lower price in the open market, the district may proceed to purchase the supplies, equipment, and materials in the open market without further observance of the provi…

In case of an emergency, the board may, by resolution passed by a two-thirds vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend …

(a) Upon determining that immediate remedial measures are necessary to avert or alleviate damage to property of the district or to repair or restore damaged or destroyed property of the district in order to ensure that the facilities of the district are available to serve the tra…

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 district. (c) A certified check made payable to the district. (d) A bidder’s bond …

Notwithstanding Section 20355.1, and upon a finding by two-thirds of all members of the board that the proposed purchase in compliance with Sections 20355.1 and 20355.2 does not constitute a method of procurement adequate for the operation of district facilities or equipment, the…

(a) Notwithstanding any other provision of law, the governing board of the Sonoma-Marin Area Rail Transit District may direct the purchase of (1) electronic equipment, including, but not limited to, computers, telecommunications equipment, fare collection equipment, radio and mic…

The Legislature finds and declares all of the following: (a) It is the intent of the Legislature, in enacting this article, to authorize an alternative and optional procedure for bidding of public works projects that is applicable only to the Los Angeles County Metropolitan Trans…

As used in this article, “Los Angeles County Metropolitan Transportation Authority” or “authority” means the Los Angeles County Metropolitan Transportation Authority created by Section 130050.2 of the Public Utilities Code. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effectiv…

(a) (1) The authority may use the procurement method outlined in this article for job order contracts. (2) The authority shall not contract for work that is protected by applicable collective bargaining agreements. All job order contracts shall comply with all authority collectiv…

(a) The maximum total dollar amount that may be awarded under a single job order contract shall not exceed five million dollars ($5,000,000) in the initial contract term of the job order contract. No single job order may exceed one million dollars ($1,000,000). (b) Job order cont…

(a) All work bid under job order contracts shall comply with Chapter 4 (commencing with Section 4100) of Part 1 and is subject to all of the penalties and provisions set forth in that chapter. (b) For purposes of this article, if a job order contractor chooses to use a subcontrac…

(a) A job order contract shall set forth in the general conditions of the job order contract the party or parties responsible for seeing that Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code is complied with. (b) For purposes of job …

In order to prevent fraud, waste, and abuse, the authority shall prepare for each individual job order developed under a job order contract an independent cost estimate. The estimate shall be prepared prior to the receipt of any job order contractor’s estimate for the work and sh…

(a) The authority shall submit to the appropriate policy and fiscal committees of the Legislature, on or before January 1, 2028, a report on the use of job order contracting under this article. The report shall include, but shall not be limited to, all of the following informatio…

This article shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 24.5, commencing with Se…

The Legislature finds and declares all of the following: (a) It is the intent of the Legislature, in enacting this article, to demonstrate an alternative and optional procedure for bidding of public works projects that is applicable only to community college districts. The Legisl…

As used in this article: (a) “Adjustment factor” means the job order contractor’s competitively bid adjustment to the community college district’s prices as published in the unit price catalog. (b) “Indefinite quantity” means one or more of the construction tasks listed in the un…

Provisions in this article only apply to community college districts that choose to utilize job order contracting. A community college district may utilize job order contracting, when permitted by this article, as an alternative to any contracting procedures that the community co…

(a) A community college district may utilize job order contracting pursuant to this article only if the community college district has entered into a project labor agreement or agreements that will apply to all public works awarded through job order contracting and to all other p…

Bidding for job order contracts shall progress as follows: (a) (1) A community college district shall prepare a set of documents for job order contracts. The documents shall include a unit price catalog and preestablished unit prices, job order contract technical specifications, …

(a) The maximum total dollar amount that may be awarded under a single job order contract shall not exceed five million dollars ($5,000,000) in the first term of the job order contract and, if extended or renewed pursuant to subdivision (b), a maximum of ten million dollars ($10,…

(a) All work bid under the job order contract shall comply with Chapter 4 (commencing with Section 4100) of Part 1 and is subject to all of the penalties and provisions set forth in that chapter. (b) For purposes of this article, if the primary job order contractor chooses to use…

(a) A job order contract shall set forth in the general conditions of the job order contract the party or parties responsible for seeing that the provisions of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code are complied with. (b) F…