SECTIONS 20390-20397 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20390-20397

20390. The provisions of this article shall apply to contracts by
boards of supervisors for the construction, repair, or maintenance of
a county highway, as provided for in Chapter 4 (commencing with
Section 1070) of Division 2 of the Streets and Highways Code.

20391. Whenever the board of supervisors finds that the estimated
expense of any necessary work upon any county highway exceeds the sum
of twenty thousand dollars ($20,000), the board shall order definite
surveys of the proposed work to be made and shall direct the
preparation of profiles, cross sections, plans, and specifications.

20392. Upon receipt of such profiles, cross sections, plans, and
specifications, the board shall publish a notice calling for sealed
bids for the performance of the work specified. The notice shall
refer to said profiles, cross sections, plans, and specifications,
and shall set a time at which bids will be opened. The board shall
cause this notice to be published for at least 10 consecutive times,
prior to the date set for opening bids, in a daily newspaper of
general circulation printed and published in the county and
designated by the board, or for at least two consecutive times prior
to such date in a weekly newspaper printed and published in the
county and designated by the board.

20392.5. 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 county.
(c) A certified check made payable to the county.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the county.
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 county beyond 60
days from the time the award is made.

20393. At the time specified in the notice, the board shall
publicly open all bids received and shall award the contract for the
work to the lowest responsible bidder, unless the board finds that
the bids are too high, and that the work can be done more cheaply by
day labor. In such case, the board shall reject the bids and order
the work to be done by the road commissioners in whose districts the
work is situated. In any case, the board may reject all bids and
advertise for new bids in the manner specified in this article. The
board may provide, by resolution, that the bids be opened, examined,
and declared by an officer designated in the resolution. Any such
resolution shall require that the bids be opened at a public meeting
called by the officer and that the results of the bidding be reported
to the board at a subsequent regular board meeting. The notice
inviting bids shall state the time and place of the public meeting
and the name of the designated officer.

20394. Whenever the board finds that the estimated expense of any
work to be done upon any county highway is twenty-five thousand
dollars ($25,000) or less, the board or the purchasing agent may let
a contract covering both work and material, or purchase the material
and let a contract for doing the work, or purchase the materials and
do the work by day labor, without calling for bids.

20394.5. Notwithstanding any other provision of this article,
whenever the board of supervisors finds that the estimated expense of
any work to be done upon any county highway is fifty thousand
dollars ($50,000) or less, the board or the purchasing agent may have
the work done by contract upon notice describing the work in general
terms and stating a closing date for submission of bids.
Notice shall be published in a newspaper of general circulation
printed and published within the jurisdiction of the county. Notice
shall be published in accordance with Section 6066 of the Government
Code and shall be completed at least 48 hours before the time
scheduled for opening of the bids. Notice inviting bids may also be
published in a trade publication.
The successful bidder shall give a bond in the amount the board
requires, conditioned on the faithful performance of the contract,
and on the payment of all labor employed and material used in the
work.
The board may delegate its authority under this section to the
county road commissioner.

20395. In any county that has appointed a road commissioner
pursuant to Section 2006 of the Streets and Highways Code, or in any
county that has abolished the office of road commissioner and
complied with Section 2006.1 of the Streets and Highways Code, the
board may authorize the road commissioner, or a registered civil
engineer under the direction of the county director of
transportation, to have any work upon county highways done under his
or her supervision and direction. The work may be done in any of the
following ways:
(a) By letting a contract covering both work and material. In that
event, the contract shall be let to the lowest responsible bidder as
provided in this article.
(b) By purchasing the material and letting a contract for the
performance of the work. In that event, the material shall be bought
at the lowest possible cost and the contract let to the lowest
responsible bidder as provided in this article.
(c) By purchasing the material and having the work done by day
labor, in which case advertising for bids is not required.
(d) (1) By authorizing the county road commissioner or a
registered civil engineer under the direction of the county director
of transportation to execute changes for any contract pursuant to
this section in an amount not to exceed five thousand dollars
($5,000) for contracts of fifty thousand dollars ($50,000) or less,
or 10 percent for contracts over fifty thousand dollars ($50,000) but
not to exceed two hundred fifty thousand dollars ($250,000). In no
event shall any change exceed a net total addition of twenty-five
thousand dollars ($25,000).
(2) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract costs in excess of two hundred fifty thousand dollars
($250,000). In no event shall any change or alteration exceed one
hundred fifty thousand dollars ($150,000).
(e) By purchasing the material and letting a contract for the work
or by letting a contract covering both work and material without
advertising for bids when the estimated cost of emergency work
necessitated by the imminence or occurrence of a landslide, flood,
storm damage, or other emergency exceeds twenty-five thousand dollars
($25,000) and the public interest and necessity demand immediate
action to safeguard life, health, or property.

20396. Notwithstanding any other provision of law, in any county
employing a competent engineer as road commissioner, the board of
supervisors may elect to perform work or projects or let contracts
for the performance of work or projects under the provisions of the
State Contract Act pursuant to Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code; and when
such election is made, references in said act to state shall mean
county, and references to any state agency shall mean county board of
supervisors, or such county agency as the board of supervisors may
designate, and the provisions of said act shall be fully applicable
to work or projects so to be performed by the county.

20397. In counties containing a population of two million or over
and employing a registered engineer as road commissioner, the board
of supervisors may authorize the moving, relocation, or
reestablishment of detention camps by force account or day labor
where such camps are used in connection with county highway
construction or maintenance work, if the board determines that such
work of moving, relocation, or reestablishment can be done more
economically and satisfactorily by force account or day labor than by
contract, and that the total estimated cost of new or additional
building structural materials necessary to be purchased in order to
perform such work does not exceed five thousand dollars ($5,000).