At any time prior to publication and posting notice inviting bids, the legislative body by resolution, may determine that if the contractor, contracting owners included, does not complete the work within the time limit specified in the contract or within the further time that the legislative body authorized, the contractor or contracting owners, as the case may be, shall pay to the city liquidated damages in the amount fixed by the legislative body in the resolution. The amount so fixed is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. If this determination is made, the plans or specifications and the contract shall contain provisions in accordance with that determination.

Any moneys received by the city on account of those liquidated damages shall be applied as follows:

(1) If received prior to confirmation of the assessment, those moneys shall be applied as a contribution against the assessment.

(2) If received after the confirmation of the assessment, those moneys shall be applied in the manner provided in § 5132.05 of the Streets and Highways Code for the disposition of excess acquisition funds.

(3) If a contribution has previously been made or ordered by any agency, the legislative body may order a refund to the contributing agency in the proportion that the contribution bears to the total costs and expenses of the work.

(Amended by Stats. 2015, Ch. 303, Sec. 422. (AB 731) Effective January 1, 2016.)