SECTIONS 20400-20409 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20400-20409

20400. The provisions of this article shall apply to contracts by
boards of supervisors for the construction, maintenance and repair of
a county bridge or subway, as provided for in Chapter 5 (commencing
with Section 1300) of Division 2 of the Streets and Highways Code.

20402. Except as provided in Sections 20406 to 20408, inclusive,
whenever the cost of construction or repair of any bridge will exceed
the sum of two thousand dollars ($2,000), such construction or
repair shall be done by contract.

20403. Whenever the board of supervisors finds that the estimated
expense of any work to be done on any county bridge is ten thousand
dollars ($10,000) or less, the board or the purchasing agent may let
a contract covering both work and material, or purchase the materials
and let a contract for doing the work, without calling for bids.

20404. The board of supervisors shall adopt plans, specifications,
and working details for such construction or repair and shall cause a
notice, calling for bids therefor, to be published in a newspaper of
general circulation published in the county. Such notice shall be
published for at least 10 consecutive times in a daily newspaper of
general circulation published in the county or for at least two
consecutive times in a weekly newspaper published in the county. If
there is no newspaper published in the county, such notice shall be
given by posting in three public places in the county for at least
two weeks.

20405. (a) The board shall afford all bidders an opportunity to
examine the plans, specifications, and working details, and shall
award the contract to the lowest responsible bidder. The board may
provide by resolution that the bids be opened, examined, and declared
by an officer designated in the resolution. The 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.
(b) 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:
(1) Cash.
(2) A cashier's check made payable to the county.
(3) A certified check made payable to the county.
(4) 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.
(c) The person to whom the contract is awarded shall execute a
bond, approved by the board, for the faithful performance of the
contract. The person shall perform the work in accordance with the
plans, specifications, and working details, unless all or any of them
are modified by a four-fifths vote of the members of the board. In
that case, if the cost of the work is reduced by reason of the
modification, the person to whom the contract is awarded shall make
an allowance on the contract price to the extent of the reduction.
(d) 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 execute
changes or additions to the work for any contract made pursuant to
this article in an amount not to exceed:
(1) For contracts whose original cost is less than fifty thousand
dollars ($50,000), the amount of the change or addition shall not
exceed five thousand dollars ($5,000).
(2) For contracts whose original cost is fifty thousand dollars
($50,000), but less than two hundred fifty thousand dollars
($250,000), the amount of the change or addition shall not exceed 10
percent of the amount of the cost of the original contract.
(3) For contracts whose original cost is two hundred fifty
thousand dollars ($250,000) or more, the amount of the change or
addition shall not exceed twenty-five thousand dollars ($25,000),
plus 5 percent of the amount of the cost of the original contract
that is in excess of two hundred fifty thousand dollars ($250,000).
In no event shall any change or addition exceed two hundred ten
thousand dollars ($210,000).

20406. If the board of supervisors is advised by the county
surveyor or, in a county not having a county surveyor, by the officer
having similar duties and authority, that the work can be done for a
sum less than the lowest responsible bid, the board may reject all
bids and order the work done by day labor, under the supervision and
direction of the county surveyor or officer having similar duties and
authority. In such case, the road commissioners in their respective
districts shall employ all labor required, and direct the conduct of
the work.

20407. In the event of great emergency, including, but not limited
to, states of disaster defined in Section 8558 of the Government
Code, upon the majority vote of the board, the board may proceed at
once to replace or repair any and all bridges without adopting plans,
specifications, strain sheets, or working details and without
letting contracts or calling for bids. The work may be done by day
labor under the direction of the board or by contract, or by a
combination of the two. If done wholly or in part by contract, the
contractor shall be paid the actual cost of the use of machinery and
tools and of material and labor expended by him or her in doing the
work, plus not more than 15 percent to cover all profits,
supervision, and any other expense. No more than the lowest current
market prices shall be paid for materials.

20409. The board of supervisors may authorize such road
commissioner to employ such workmen and purchase such materials,
equipment, tools, and appliances and cause such work to be done as is
necessary to construct or maintain such bridges and to keep them in
repair without adopting plans and specifications, or working details
and without advertising for bids as required in Sections 20402,
20403, and 20404. The cost of such construction, maintenance or
repair shall be paid out of the county road funds or out of the
county general fund.