Article 28. Separation Of Grade Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 28.
The provisions of this article shall apply to contracts by
Separation of Grade Districts, as provided for in Part 2 (commencing
with Section 8100) of Division 9 of the Streets and Highways Code.
The commission shall, pursuant to an order entered in the
minutes, advertise for bids for the construction of the project
either as a whole or in sections, as it may deem fit, in accordance
with the plan theretofore adopted and filed, by publishing a notice
calling for bids at least once each week for two successive weeks in
a newspaper of general circulation published within the district. The
notice shall refer to the order and plan for further particulars. If
the commission elects to receive separate bids for the construction
of sections of the project, the order shall describe the sections for
which separate bids are desired. The commission may advertise at the
same time and in the same notice both for bids for the construction
of the project as a whole and for bids for the construction of
All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidders security:
(b) A cashier's check made payable to the commission.
(c) A certified check made payable to the commission.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the commission.
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 commission beyond
60 days from the time the award is made.
Every contract for the construction of the project or for
any section, if it is to be constructed in sections, shall be let,
after advertisement, to the lowest responsible bidder, or the
commission may reject all bids for the construction of the project or
for any section, and may readvertise for bids for doing the work in
the same manner and for the same length of time as provided for a
notice calling for bids for construction.
Before the making of any contract the bidder shall give a
bond to the district for the faithful performance of his contract,
which shall be signed by the bidder and sureties satisfactory to the
commission, in an amount equal to at least 50 percent of the amount
of the contract price and shall give another bond conditioned upon
the payment of claims for labor and material in connection with the
performance of his contract containing the terms and conditions set
forth in Chapter 3 of Division 5 of Title 1 of the Government Code
and subject to the provisions of that chapter.
The contract shall be executed on behalf of the district by
the commission, subject to approval or rejection by the electors of
the district, expressed at an election called for the purpose of
issuing bonds or authorizing the tax levy for the payment of the
contract. If the electors fail to approve the bond issue, or fail to
authorize the tax levy, the contract shall be null and void without
notice and the commission shall immediately return the bonds to the
The commission may do any or all maintenance or repair work
upon the project, either with or without contract, and with or
without advertising for bids for contracts, unless the cost of the
work exceeds one thousand dollars ($1,000), in which event it shall
be done only under contract after advertising for bids in the same
manner and for the same length of time as provided for advertising
for bids and letting contracts for construction work.
The commission may hire all necessary engineers, inspectors
and superintendents to supervise the performance of contracts entered
into by the commission, or to have charge of doing all work done
As to any project involving a state highway where the plans
have been approved by the Department of Transportation, Division of
Highways, the commission and the department may enter into and carry
out contracts pursuant to Section 130 of the Streets and Highways