Yuba County Municipal Code Ch. 9.100 Road Commissioner

The Road Commissioner is hereby authorized pursuant to Public Contracts Code § 20395, to have any work done under his or her supervision and direction in any of the following ways:

(1) 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 Public Contracts Code Div. 2, Pt. 3, Ch. 1, Art. 25 (Public Contracts Code § 20390 et seq.).

(2) 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 possible responsible bidder as provided in Public Contracts Code Div. 2, Pt. 3, Ch. 1, Art. 25 (Public Contracts Code § 20390 et seq.).

(3) By purchasing the material and having the work done by day labor, in which case advertising for bids is not required.

(Prior Code, § 9.100.010; Ord. No. 1233)

(a) The Road Commissioner is authorized to execute changes for any contract awarded pursuant to this Chapter, in an amount not to exceed $5,000.00 for contracts of $50,000.00 or less, or ten percent for contracts over $50,000.00 but not to exceed $250,000.00. In no event shall any change exceed a net total addition of $25,000.00.

(b) For contracts whose original cost exceeds $250,000.00, the extra cost for any change or addition to the work so ordered shall not exceed $25,000.00, plus five percent of the amount of the original contract costs in excess of $250,000.00. In no event shall any change or alteration exceed $150,000.00.

(Prior Code, § 9.100.020; Ord. No. 1233)

When the estimated cost of emergency work necessitated by the imminence or occurrence of a landslide, flood, storm damage, or other emergency exceeds $25,000.00 and the public interest and necessity demand immediate action to safeguard life, health, or property, the Road Commissioner is authorized to have such emergency work done 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.

(Prior Code, § 9.100.030; Ord. No. 1233)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.