Section § 1100

Explanation

This law section defines what is considered a "public entity" in the state of California. A public entity includes things like the state itself, counties, cities, districts, public authorities, public agencies, and municipal corporations. Essentially, any political subdivision or public corporation in the state falls under this definition.

“Public entity,” as used in this part, means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state.

Section § 1100.7

Explanation

This law covers contracts between public bodies and their contractors in California. For charter cities, it applies unless there’s a specific exemption or city rule that overrides it.

This code is the basis of contracts between most public entities in this state and their contractors and subcontractors. With regard to charter cities, this code applies in the absence of an express exemption or a city charter provision or ordinance that conflicts with the relevant provision of this code.

Section § 1101

Explanation

A 'public works contract' refers to a deal made for building, changing, fixing, or upgrading any public structures like buildings, roads, or other kinds of public projects.

“Public works contract,” as used in this part, means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

Section § 1102

Explanation

This section defines an 'emergency' as a sudden and unexpected event that creates a serious and immediate threat, needing prompt action to avoid harm to life, health, property, or essential public services.

“Emergency,” as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

Section § 1103

Explanation

This section defines a 'responsible bidder' for public works contracts in California. To qualify, a bidder must show they are trustworthy, with the necessary quality, fitness, ability, and experience to complete the project. This definition reflects existing law.

“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
The Legislature finds and declares that this section is declaratory of existing law.

Section § 1104

Explanation

This law means that local public entities in California, including charter cities and counties, cannot force bidders to be responsible for making sure architectural or engineering plans and specs are perfectly complete and accurate, unless it's a design-build project. However, these entities can require bidders to review plans before bidding and point out any errors they spot in their capacity as contractors, not as design professionals.

No local public entity, charter city, or charter county shall require a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except on clearly designated design build projects. Nothing in this section shall be construed to prohibit a local public entity, charter city, or charter county from requiring a bidder to review architectural or engineering plans and specifications prior to submission of a bid, and report any errors and omissions noted by the contractor to the architect or owner. The review by the contractor shall be confined to the contractor’s capacity as a contractor, and not as a licensed design professional.