Title 2 ADMINISTRATION
Chapter 2.18 PUBLIC WORKS DEPARTMENT[6]
2.18.010 Creation--Functions.
2.18.012 Director--Appointment and authority.
2.18.013 Director--Road commissioner authority.
2.18.014 Director of public works--Duties as successor.
2.18.015 Director of public works--Powers and duties generally.
2.18.020 Duties as chief engineer, Flood Control District.
2.18.022 Transfer, conveyance and acceptance of storm drain improvements and drainage systems.
2.18.025 Director--Purchase of real property--$25,000.00 or less.
2.18.026 Accept deeds for grants to county.
2.18.027 Delegation to subordinates.
2.18.028 Acquisition by other departments.
2.18.030 Director--Delegation of additional duties.
2.18.040 Construction contracts--$75,000.00 or less.
2.18.050 Construction contracts over $75,000.00.
2.18.060 Optional survey division services.
2.18.070 Delegation of additional duties.
2.18.080 Director--Emergency response responsibilities and duties.
2.18.010 Creation--Functions.
There shall be created a department of the county, which shall be
known as the “public works department.” The public works department
shall conduct the operations of the Los Angeles County Flood Control District
and shall perform the functions formerly delegated to the road department as
well as the public works functions of the county engineer, and such other duties
as the board of supervisors may from time to time prescribe. (Ord. 84-0189
§ 1, 1984.)
2.18.012 Director--Appointment and authority.
The public works department shall be under the direction and
management of the director of public works, hereafter referred to in this
chapter as the “director.” The director shall appoint all employees
of the department. The director shall be a civil engineer, licensed by the state
of California. (Ord. 84-0189 § 1 (part), 1984.)
2.18.013 Director--Road commissioner authority.
The road commissioner shall be the director of public works, and
shall be ex officio county engineer, and shall perform the duties of the chief
engineer, Flood Control District as provided in this chapter. (Ord. 84-0189
§ 1 (part), 1984.)
2.18.014 Director of public works--Duties as successor.
From and after the operative date of the ordinance codified in this
chapter, the director of public works shall be deemed automatically to be the
successor to the road commissioner, county engineer, chief engineer, Flood
Control District or other county official as regards any functions, duties or
responsibilities, whether imposed by charter of the county, statute, ordinance,
contract or otherwise, which prior to the operative date of the ordinance
codified in this chapter were the functions, duties or responsibilities of the
road commissioner, county engineer, chief engineer, Flood Control District or
other county official, and which by this chapter are now or hereafter delegated
by the board of supervisors to be the duties of the director of public works.
(Ord. 84-0189 § 1 (part), 1984.)
2.18.015 Director of public works--Powers and duties generally.
In addition to the functions, duties, and responsibilities
specified by the Charter of the county and by state statute or ordinance, and
except as otherwise provided in this chapter, the director of public works also
shall have the duties specified in this section:
A. Upon order of the board
of supervisors to do all necessary investigation, surveying, and engineering
work relative thereto, and to prepare plans, specifications, and estimates, and
perform inspection, supervision, and construction of public works, such as
county roads, highways, bridges, harbor, beach and coastal improvements,
airports and aviation facilities, and water, sewer, and drainage systems,
including acquisition of right-of-way and reimbursement processing, as the
county of Los Angeles is authorized by law to construct, or for which the county
is authorized by law to prepare such plans, specifications, or estimates, or
furnish such inspection, surveying, or supervision, excepting such of said
public works as are placed by law under the jurisdiction of some other county
officer or department, or are otherwise expressly delegated by the board of
supervisors;
B. In accordance with procedures established by the board, to
perform the necessary studies, investigations, and other work relative to
special assessment improvement districts, including the duties set forth in
Chapter 15, Division 7, of the Streets and Highways Code;
C. To observe and
enforce all of the provisions of the following ordinances: Ordinance 2225
(Building Code--Title 26); Ordinance 11096 (Electrical Code--Title 27);
Ordinance 2269 (Plumbing Code--Title 28); Ordinance 6130 (Sanitary Sewers and
Industrial Waste--Title 20, Division 2); Ordinance 7834 (Water--Title 20,
Division 1); Ordinance 7888 (Sewer Maintenance--Title 20, Division 3); and
Ordinance 9544 (Mechanical Code--Title 29), as set forth in this code;
D. To
observe and enforce all of the provisions of the following ordinances: Emergency
Ordinance (Title 2, Division 3, Chapter 2.68); Catastrophes (Title 2, Division
4, Chapter 2.130); Traffic Ordinance (Title 15, Division 1); Miscellaneous
Traffic Regulations (Title 15, Division 2); Highway Permit Ordinance (Title 16,
Division 1); Undergrounding of Utilities Ordinance (Title 16, Division 2); Basic
Franchise Ordinance (Title 16, Division 3); Pipeline Franchise Ordinance (Title
16, Division 3A, Chapters 16.52 and 16.54); Cable Television System Franchise
Ordinance (Title 16, Division 4); Subdivision Ordinance (Title 21); Zoning
Ordinance (Title 22), as set forth in this code;
E. Under the supervision
and direction of the board, to perform the duties of superintendent and engineer
for all work, duties, or responsibilities under Chapter 27 of Part 3 of the
Improvement Act of 1911; all county waterworks districts formed under Division
16 of the Water Code; for all county sewer maintenance districts formed under
Division 5 of the Health and Safety Code; for all county drainage maintenance
districts formed under Division 7 of the Streets and Highways Code; and for all
lighting districts formed under Statutes of 1909, page 551, or the Highway
District Lighting Act, Part 4, Division 14 of the Streets and Highways Code; for
all assessment districts formed under Part 2, Division 15 of the Streets and
Highways Code; and for all lighting maintenance districts formed under Statutes
of 1921, page 1658 or Chapter 26 of Part 3 of the Improvement Act of 1911,
Division 7 of the Streets and Highways Code, and operating under said Chapter
26. The director of public works, through the purchasing agent of the county and
upon requisition, shall procure the purchase of all materials and supplies for
the said districts. The cost thereof shall be paid out of the funds of the
respective districts;
F. To design, construct, manage, operate, and
negotiate necessary leases for all facilities and fields owned and operated by
the county for the purpose of serving aviation;
G. To study and make
recommendations to the board concerning the regulation and development of
aviation, including proposals for the enlargement of existing facilities, or the
addition of new facilities to adequately service the aviation industry, and
concerning programs for the promotion and growth of aviation;
H. To grant
licenses and permits for the storage of aircraft at county-owned or operated
airports if the estimated or actual compensation passing to the county for the
license or permit is $5,000.00 or less per month, and if the term of the license
or permit is on a month-to-month basis;
I. Under the supervision and
direction of the board of supervisors, to negotiate procedural agreements with
the utilities for ultimate board approval, to review the petition signup for the
executive officer of the board of supervisors as required for the conversion of
existing overhead electric and communications facilities to underground
locations pursuant to the provisions of Chapter 28 of Division 7 of the Streets
and Highways Code of the state of California;
J. To perform the duties of
the road commissioner under the Streets and Highways Code. The director shall
divide all the unincorporated territory in the county and such incorporated
territory in the county as may be under the jurisdiction of the county for road
purposes, into administrative districts to be known as road districts. In the
construction, repair, reconstruction, or relocation of highways, or in the
construction, repair, or modernization of traffic signal systems, the director
may salvage, junk, or abandon such traffic-control, warning, or protecting signs
and devices, and appurtenant material as have been rendered unnecessary by said
work. The director shall account for all such articles in his records, and shall
account for and report them to the auditor-controller in such manner and on such
forms as are prescribed by the auditor-controller;
K. To encourage the
planting of trees, shrubs, and flowers along the untraveled portion of public
highways, and to decide upon the variety, kind, and character of trees, hedges,
shrubs, lawns, and flowers that shall be planted upon the public highways; to
determine all questions respecting the pruning, cutting, and removal of any
trees, hedges, shrubs, lawns, or flowers now growing or to be grown thereon, and
the necessity therefor and the extent of and the manner in which such work is to
be done, and to plant and properly care for such trees, hedges, shrubs, lawns,
and flowers, and to enforce the provisions of all ordinances, making certain
acts with respect to trees on county roads unlawful and authorizing the issuance
of permits to remove or otherwise interfere with trees or other plant life
growing upon public highways within the county of Los Angeles;
L. To perform
all functions, duties, and responsibilities in his capacity as director of
public works, county engineer, road commissioner, or chief engineer of the Flood
Control District now or hereafter delegated by this code, or any other ordinance
of the county, by the Charter or by any state statute. In addition, the director
and members of the department may perform the functions of a district or other
public entity as authorized by the board pursuant to Section 56 3/4 of the
Charter;
M. To administer and negotiate for the board of supervisors all
transactions pertaining to acquisitions, sales, dedications, leases, or rentals
of real property, or any interest therein under the administrative control of
the director, as well as property interests of the county or its special
districts or entities for which the board of supervisors is the ex officio
governing body. Where such property is being acquired by eminent domain by the
county or by any public entity of which the board of supervisors is ex officio
the governing body, if requested to do so by the county counsel, the director
may assist in negotiations for settlement and in the service of papers. The
director shall, upon order of the board, make appraisals and reports thereon of
such real property proposed to be acquired or sold by the county and may make
title searches in any matters in which the county, or any department or any
public entity of which the board of supervisors is the ex officio governing body
may be officially interested. The director may, at his discretion, cause the
duties and responsibilities imposed by this subsection to be performed by other
county officers or departments;
N. To act as the lead county officer for
waste management and transportation issues. The director shall be responsible
for advising the board of supervisors on all matters of countywide concern
relating to waste management and transportation. The director shall have the
primary responsibility for coordinating and implementing all policies adopted by
the board of supervisors in the area of waste management and transportation
except as otherwise provided by state or federal law or by order of the board of
supervisors;
O. To develop and implement the county’s waste management
program, including the authority to: prepare, adopt, maintain, and implement the
Los Angeles County Countywide Integrated Waste Management Plan (ColWMP);
periodically review and update the ColWMP with the assistance of the Los Angeles
County integrated waste management task force; prepare the Los Angeles County
Hazardous Waste Management Plan (CoHWMP) with the assistance of the county
hazardous waste advisory committee; administer, maintain, and implement the
CoHWMP; and make recommendations to the board of supervisors for the award of
nonexclusive, partially exclusive, or wholly exclusive franchises for solid
waste handling, as defined in section 40195 of the Public Resources Code and
pursuant to the provisions of section 40059 of the Public Resources Code, in any
part of the unincorporated territory of the county;
P. To oversee planning
for the coordination of transportation needs within the unincorporated areas of
the county, including the authority to: develop and maintain the county’s
highway system; develop traffic mitigation measures to maximize movement of
vehicles throughout the county; develop countywide measures to maximize
utilization of existing highways, provide uniform operation and maintenance of
traffic signals; review the transportation components of preliminary community
general plans; and provide public transit services for the unincorporated areas
of the county, exclusive of the Southern California Rapid Transit District
service;
Q. To negotiate and execute leases for real property, or interests
therein, under the administrative control of the director, including properties
of the county of Los Angeles, the Los Angeles County Flood Control District, and
other special districts for which the board of supervisors is the ex officio
governing body, when such leases are excluded from the bidding procedures
pursuant to this section. The taking of bids is not required in the cases of
leases of a duration not exceeding 10 years and having an estimated rental value
of not more than $5,000.00 per month. Where the bidding procedure is not used,
the monthly rental in the executed lease shall not exceed $5,000.00 per month,
the term of the lease shall not exceed 10 years, and the term of the lease is
not renewable. On properties acquired for highway purposes, the term of the
lease may not exceed three years, and a notice of intention must be posted as
required under the provisions of section 960.6 of the Streets and Highways
Code;
R. To negotiate and execute rental agreements for real properties
under the administrative control of the director, including properties of the
county of Los Angeles, Los Angeles County Flood Control District, and other
special districts for which the board of supervisors is the ex officio governing
body, where the term is from month-to-month or for a fixed term of less than one
year with a monthly rent of not more than $5,000.00 per month;
S. Pursuant
to Government Code Section 25537, to grant licenses or permits to persons,
firms, corporations, cities, districts, and public agencies for the use of
properties under the administrative control of the director, including
properties of the county of Los Angeles, Los Angeles County Flood Control
District, and other special districts for which the board of supervisors is
ex-officio governing body, provided the compensation for such licenses and
permits does not exceed $5,000.00 per month;
T. Pursuant to Government Code
Section 25350.51, the director is authorized to lease real property for use by
the department of public works for a term not to exceed three years and for a
rental not to exceed $7,500.00 per month, and to amend real property leases for
improvements or alterations, or both, with a total cost not to exceed $7,500.00,
provided that the amendment does not extend the term of the lease and that no
more than two amendments, not to exceed $7,500.00 each, are made within a
12-month period. Notice of intention to consummate such a lease shall be
provided as required by Section 25350.51 of the Government
Code;
U. Easements. Pursuant to the authority granted by Government Code
Section 25526.6, the director is authorized to grant or otherwise convey an
easement for the use of any real property of the county to the state or to any
county, city, district, or public agency or corporation, or to any public
utility corporation upon a finding by the director that the conveyance is in the
public interest, and that the interest conveyed will not substantially conflict
or interfere with the use of the property by the county.
V. Nothing in this
section shall prohibit the director from causing another county officer or
department to acquire, lease, sell, or obtain or grant permits or licenses for
the use of properties by the department of public works, or for the use of
properties under the jurisdiction of the department of public works pursuant to
the provisions of any state law or the County Code.
W. Except as otherwise
expressly delegated by the board of supervisors, the director shall prepare or
cause to be prepared all plans and specifications for the construction of, or
extraordinary repair and maintenance, as defined by the chief administrative
officer, of any and all county buildings, and related structures, improvements,
or fixed equipment, except as otherwise provided by law; and shall supervise and
inspect for contract and code compliance the construction of or extraordinary
repair and maintenance of any and all county buildings and related structures,
improvements, or fixed equipment, where such work is done pursuant to contract
let by the county. The director shall report to the board of supervisors any
work not done in accordance with the contract, the plans and specifications, or
the applicable codes. Upon completion of such work in accordance with the terms
of the contract and the plans and specifications, the director shall cause the
contractor to issue a certificate in writing certifying that the work has been
done in accordance with the contract and the plans and specifications. The board
of supervisors may designate specific projects solely or predominantly involving
a single department to be managed by that department. In such cases, the
department head must employ the public works department or competent contract
project management; the construction documents shall be approved by the public
works department for compliance with applicable codes and county-wide design
review standards for quality, durability, facility of maintenance and repair,
and life cycle cost; and all construction shall be inspected for code compliance
by public works department inspectors. The department head shall provide the
director with such information as he requires to maintain county-wide
coordination and reports to the board of supervisors.
X. Except as otherwise
expressly delegated by the board of supervisors, the director shall coordinate
and administer the relocation assistance program of the county as set forth in
Chapter 2.110 of this code; upon the order of the board of supervisors, make
appraisals and reports thereon of real property proposed to be acquired or sold
by the county; and make title searches in any matters in which the county, or
any department or officer thereof, as such, may be officially
interested.
Y. To act as the lead county officer for water recycling issues.
The director shall be responsible for advising the board of supervisors on all
matters of countywide concern relating to water recycling issues. The director
shall have the primary responsibility for coordinating and implementing all
policies adopted by the board of supervisors in the area of water recycling
except as otherwise provided by state or federal law or by order of the board of
supervisors. (Ord. 2007-0082 § 1, 2007; Ord. 2004-0055 § 1, 2004: Ord.
2002-0039 § 2, 2002; Ord. 95-0052 § 27, 1995: Ord. 91-0126
§§ 1--3, 1991; Ord. 89-0117 § 2, 1989; Ord. 89-0026 § 3,
1989; Ord. 88-0088 § 1, 1988; Ord. 84-0189 § 1 (part),
1984.)
2.18.020 Duties as chief engineer, Flood Control District.
As chief engineer, Los Angeles County Flood Control District, the
director shall carry out the functions, duties and responsibilities of the chief
engineer as described in the Los Angeles County Flood Control Act, other
applicable laws, and the Los Angeles Flood Control District Code. Pursuant to
Section 56 3/4 of the County Charter, the director, as chief engineer, and the
public works department shall perform the functions of the Los Angeles County
Flood Control District. The performance of the functions shall be in accordance
with the terms and conditions as agreed between the county and the district.
(Ord. 84-0189 § 1 (part), 1984.)
2.18.022 Transfer, conveyance and acceptance of storm drain improvements and drainage systems.
A. Pursuant to the authority granted by Section 13 3/4 of the Los Angeles
County Flood Control Act, the director of public works is hereby authorized to
act on behalf of the county of Los Angeles and all special districts for which
the board of supervisors is the ex-officio governing body, to transfer and
convey storm drain improvements or drainage systems, including the underlying
easements or other property rights, to the Los Angeles County Flood Control
District, in accordance with the provisions of said Section 13 3/4. The director
shall report all transfers to the board of supervisors within 30 days of the end
of the county’s fiscal year.
B. Pursuant to the authority granted by
Section 13 3/4 of the Los Angeles County Flood Control Act and by resolution of
the board of supervisors of the Los Angeles County Flood Control District, the
director of public works, acting as the chief engineer of the Los Angeles County
Flood Control District, is hereby authorized to accept the transfer and
conveyance of storm drain improvements and drainage systems on behalf of the Los
Angeles County Flood Control District, in accordance with the provisions of said
Section 13 3/4 and resolution. The director shall report all acceptances to the
board of supervisors within 30 days of the end of the Los Angeles County Flood
Control District’s fiscal year. (Ord. 2008-0007 § 1, 2008: Ord.
2006-0065 § 1, 2006.)
2.18.025 Director--Purchase of real property--$25,000.00 or less.
Pursuant to the authority granted by California Government Code
Section 25350.60, the director is hereby authorized to perform all acts
necessary to approve and accept the acquisition of any interest in real property
for use by the county of Los Angeles, including the department of public works,
the Los Angeles County Flood Control District and other special districts under
the authority of the director where the purchase price for such interest does
not exceed $25,000.00 in accordance with the following specified
procedures:
A. Establishment of Purchase Price. The purchase price, if any,
must be based on a summary of just compensation and may be adjusted only with
the written concurrence of county counsel. The summary of just compensation
shall be prepared in accordance with generally recognized real estate appraisal
principles. The preparation of the summary of just compensation and negotiations
shall be performed in accordance with Government Code Sections 7260 et
seq.
B. Environmental Clearance. The purchase may not be consummated prior
to compliance with the applicable environmental statutes and
regulations.
C. Approval of Acquisition by Planning Agency. The director
shall submit the proposed acquisition to the appropriate planning agency in
accordance with Government Code Section 65402, or any statute which may later
become appropriate, prior to the acquisition of the property.
D. Assurance
of Funding. Prior to commitment to the acquisition of the property, funding must
be identified as assured by the appropriate authority. For acquisitions to be
paid from road funds or special district funds, the chief financial officer of
the department of public works will be the appropriate authority. For
acquisitions to be paid from general fund sources, the chief administrative
office will be the appropriate authority.
E. Form of Instrument. All
instruments conveying ownership of property interests must be in a form
acceptable to county counsel.
F. Condemnation. Notwithstanding any other
provision of this chapter, the director’s authority shall be exercised in
conjunction with the county counsel for any acquisition of an interest in real
property where a resolution of condemnation has been previously adopted by the
board of supervisors of the county of Los Angeles for the county of Los Angeles
or in its ex officio capacity for any other public entity.
G. Acceptance of
Gifts. The director is authorized to accept gifts consisting solely of real
property interests and related improvements. All requirements for compliance
with the environmental statutes and regulations and planning agency review shall
be completed prior to acceptance. (Ord. 95-0052 § 28, 1995: Ord. 85-0108
§ 1 (part), 1985.)
2.18.026 Accept deeds for grants to county.
The director is authorized to accept and consent to the recordation
of any deed or grant conveying any interest in, or easement upon, real property
to the county of Los Angeles, Los Angeles County Flood Control District or other
special district under the authority of the director, including those documents
containing provisions of indemnification. (Ord. 85-0108 § 1 (part),
1985).
2.18.027 Delegation to subordinates.
The director may delegate the authority granted by this chapter to
appropriate department of public works staff under the director’s
direction and control. Thereafter, or until revoked, such subordinates may
exercise any and all authority delegated by the board of supervisors to the
director in the sections. (Ord. 95-0052 § 29, 1995: Ord. 89-0118 § 3,
1989: Ord. 85-0108 § 1 (part), 1985.)
2.18.028 Acquisition by other departments.
Nothing in Section 2.18.025 of this chapter shall prohibit the
director from causing another county officer or department to acquire real
property for use by the department of public works pursuant to provisions of any
state law or the County Code. (Ord. 85-0108 § 1 (part), 1985).
2.18.030 Director--Delegation of additional duties.
A. The director is authorized to perform any or all acts or actions
permitted or required of the board of supervisors to enter into contracts for
architectural, engineering and related services where the amount of the contract
does not exceed $75,000.00. The director is further authorized to enter into
amendments to such contracts entered into by the board where the amount of any
amendment does not exceed 10 percent of the amount of the original contract or
$75,000.00, whichever is less. The aggregate total amount of such amendments to
an original contract may not exceed 25 percent of the amount of the original
contract.
B. The director shall exercise his authority in conformance with
the following procedures:
1. On projects, studies and reports with an
estimated cost of less than $25,000.00, the director shall:
a. Prepare a
work statement;
b. Select a service provider from a list maintained by the
department of public works, or solicit requests for proposals in the event a
list does not exist in the specific service category to be contacted. Selection
of the service provider is to be based on professional expertise, specific
project requirements, time commitments and fee schedules, if any on file with
the department;
c. Negotiate a fee with the service provider, including a
maximum cost, using established departmental procedures, fee schedules and
project requirements; and
d. Execute the service contract, subject to
approval as to form by county counsel and receipt of appropriate insurance
certificate from the service provider.
2. On projects, studies and reports
with an estimated cost between $25,000.00 and $75,000.00, the director
shall:
a. Prepare a work statement;
b. Solicit requests for proposals
which shall be evaluated by the public works department service contractor
selection committee;
c. Select a service provider on the basis of
professional expertise in the area of service need, organization, experience,
ability to meet county needs and time commitment;
d. Negotiate a
not-to-exceed fee with the service provider; and
e. Execute the service
agreement, subject to approval as to form by county counsel and receipt of
appropriate insurance certificate from the service provider.
3. On
amendments to existing service contracts entered into by the board which
individually do not exceed 10 percent of the original contract or $75,000.00,
whichever is less, the director shall:
a. Determine that such additional
work is necessary;
b. Negotiate a fee for the additional
work;
c. Execute an amendment to the original contract, subject to approval
as to form by county counsel.
4. The director will maintain as a public
record, documentation of staff recommendations and support materials for all
actions taken under this delegation of authority. (Ord. 95-0052 § 30, 1995:
Ord. 89-0118 § 1, 1989; Ord. 84-0189 § 1 (part), 1984.)
2.18.040 Construction contracts--$75,000.00 or less.
A. Pursuant to the authority granted by California Public Contract
Code Sections 20142 and 20145, the director is authorized to perform any or all
acts or actions permitted or required of the board of supervisors by Article
3.5, Chapter 1, Part 3, Division 2, of the California Public Contract Code,
commencing with Section 20120, with respect to contracts or changes or
alterations to contracts within the monetary limits set forth in Sections 20142
and 20145. This authorization includes the authority to adopt and advertise
plans and specifications, award contracts, approve bonds or order the change or
alteration of contracts, with respect to original contracts which do not exceed
the total amount of $75,000.00 or with respect to changes or alterations to
original contracts entered into by the board of supervisors within the monetary
limits set forth in Public Contract Code Sections 20142 and 20145.
B. The
director shall exercise his authority in conformance with the following
procedures:
1. Adoption of Drawings and Specifications. The director may act
in place of the supervisors in adopting the drawings and specifications pursuant
to Public Contract Code Section 20124. The specifications shall conform to the
standard general conditions and supplementary conditions utilized in
specifications adopted by the board of supervisors. Such specifications shall
contain a provision requiring a minimum of five percent retention of progress
payments withheld pursuant to Public Contract Code Section 9203. The
specifications adopted by the director shall also establish construction times
and completion dates, based upon historic experience on similar types of work
and on industry guidelines. The director is authorized to include in the
specifications provisions for liquidated damages pursuant to Government Code
Section 53069.85. All specifications shall be submitted to the county counsel
for approval as to form before their adoption by the director. Adoption of plans
and specifications shall be effective at the time that the director signs a
letter to the clerk of the board of supervisors indicating the adoption of the
plans and specifications.
2. Advertisement for Bids. The director shall
advertise for bids in conformance with Public Contract Code Sections 20125,
20127 and Government Code Section 53068.
3. Receipt of Bids and Relief of
Low Bidder. The director is authorized to receive and open bids in the manner
authorized by law and to allow substitution of subcontractors and relief of
bidders upon demonstration of the grounds set forth in Public Contract Code
Sections 4100 et seq. and 5100 et seq.
4. Award of Contract. The director
shall award the contract to the lowest responsible bidder in accordance with
Public Contract Code Section 20128. In the case of identical low bids, the
director shall award the contract in conformance with Government Code Section
53064.
5. Construction Bonds. The director shall require that the person to
whom the contract is awarded shall execute a bond in the standard forms as
required by Public Contract Code Section 20129 and Section 3247 of the Civil
Code.
6. Supplemental Agreements. The director is authorized to enter into
supplemental agreements in accordance with Public Contract Code Section 20145 in
contracts where the original contract amount does not exceed $75,000.00. In
addition, the director may enter into supplemental agreements in accordance with
Public Contract Code Sections 20142 and 20145 for changes and alterations in
original contracts approved by the board of supervisors where the changes or
alterations do not exceed 10 percent of the amount of the original contract or
$75,000.00, whichever is less. The aggregate total amount of such changes or
alterations to the original contract may not exceed 25 percent of the amount of
the original contract within the monetary limits set forth in Public Contract
Code Sections 20142 and 20145.
7. Acceptance of Project. The director is
authorized to accept projects upon their final completion where the original
contract amount does not exceed $75,000.00. The director may authorize the
release of the retention money withheld pursuant to Public Contract Code Section
9203 as permitted by law. The director is further authorized to grant extensions
of time on the project for delay beyond the contractor’s control and to
assess liquidated damages as authorized by Government Code Section 53069.85 and
the contract specifications.
8. Emergencies. In cases where the director,
with the concurrence of the county counsel, determines that a great emergency
exists within the meaning of Public Contract Code Section 20134 and when it
would be impractical for the board of supervisors to act, the director may
exercise the emergency powers of the board of supervisors pursuant to Section
20134 where the total estimated cost of the work does not exceed $75,000.00;
provided, however, that the chief administrative officer must first certify the
availability of funds for the work. Any such action by the director shall be
promptly reported to the board of supervisors. (Ord. 91-0126 § 5,
1991.)
2.18.050 Construction contracts over $75,000.00.
Pursuant to the authority granted by California Public Contract
Code Sections 20142 and 20145, the director is authorized to perform the
following acts or actions permitted or required of the board of supervisors by
Article 3.5, Chapter 1, Part 3, Division 2, of the California Public Contract
Code, commencing with Section 20120, with respect to contracts or changes or
alterations to contracts within the monetary limits set forth in Sections 20142
and 20145.
1. Advertisement for Bids.
a. The director is authorized to
amend plans and specifications adopted by the board of supervisors prior to the
closing time for receipt of bids, provided such amendment does not increase the
estimated cost of construction by more than the amount budgeted. Notice of such
amendment shall be published in accordance with the requirements of publication
of the invitation for bids.
b. The director is authorized to extend bid
periods up to a maximum of three weeks by publishing an amendment to the bidding
documents.
2. Reallocation of Budgeted Funds. The director is authorized to
reallocate funds within a capital project at no increase in the overall cost of
the project.
3. Receipt of Bids and Relief of Low Bidder. The director is
authorized to receive and open bids in the manner authorized by law and to allow
substitution of subcontractors and relief of bidders upon demonstration of the
grounds set forth in Public Contract Code Sections 4100 et seq. and 5100 et
seq.
4. Supplemental Agreements. The director may enter into supplemental
agreements in accordance with Public Contract Code Sections 20142 and 20145 for
changes or alterations in original contracts approved by the board of
supervisors within the monetary amounts set forth in Sections 20142 and
20145.
5. Acceptance of Project. The director is authorized to accept
projects upon their final completion. The director may authorize the release of
the retention money withheld pursuant to Public Contract Code Section 9203 as
permitted by law. The director is further authorized to grant extensions of time
on the project for delay beyond the contractor’s control, and to assess
liquidated damages as authorized by Government Code Section 53069.85 and the
contract specifications. (Ord. 91-0126 § 6, 1991.)
2.18.060 Optional survey division services.
A. The department of public works is hereby authorized to offer the public
optional technical research services which shall consist of having survey
division technicians research and review survey division records and compile
research packages of the appropriate records based on the specific research
requested by a member of the public.
B. The department of public works shall
develop written guidelines specifying the provision of such optional services to
the public. Such guidelines and the services hereby authorized shall be
consistent with and governed by the provisions of this section and Government
Code Sections 25330 et seq. Members of the public may request such optional
services by faxing or mailing research requests to the department of public
works utilizing forms and procedures to be developed by the
department.
C. Fees for the optional research services shall be based on the
time spent researching the specific request and shall be billed in 15-minute
increments. Services estimated by the department to cost $50.00 or more will
require prior written approval (which may be faxed or mailed) of the estimate
signed by the requestor. The department is authorized to accept credit cards for
payment of such services in addition to any other methods currently
accepted.
D. The services shall be billed at a rate sufficient to provide
for the full recovery of the costs to the county of providing the service. The
billing rate, which shall be reviewed and approved by the auditor controller,
shall be based on the salary, fringe benefits and overhead applicable to a
Survey Technician II, or an equivalent position. (Ord. 93-0024 § 1,
1993.)
2.18.070 Delegation of additional duties.
Pursuant to statutory and Charter provisions, the director is
authorized to perform certain duties on behalf of the board of supervisors
pursuant to California Government Code Section 31000.9 and Public Contract Code
Sections 20142 and 20145. The director will maintain, as a public record,
documentation of staff recommendations and support materials for all actions
under this delegation of authority pertaining to the design and construction of
county facilities. Quarterly reports will be submitted to the board of
supervisors listing all actions completed under this delegation. The director
may not take any action requiring funding until the chief administrative officer
has certified that funding is available and has authorized the expenditure of
such funds. (Ord. 95-0052 § 31, 1995.)
2.18.080 Director--Emergency response responsibilities and duties.
Under direction of the chief administrative officer, the director
shall be responsible for determining the degree of catastrophic damage to county
facilities and the necessary scope of repair for such damage and, upon request,
shall provide technical support to the chief administrative officer’s
disaster recovery efforts. (Ord. 95-0052 § 32, 1995.)
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