790-798

STREETS AND HIGHWAYS CODE
SECTION 790-798




790.  The board of supervisors of any county may, by a vote of not
less than three-fifths of its membership, petition the department to
cooperate, under the provisions of this article, in the improvement
of an existent highway or the construction of a proposed highway in
that county when such existent highway connects, or such proposed
highway will connect, a forest highway system road or national park
road which is already built or under construction, with any State
highway. Such connecting highway shall not exceed fifty miles in
length.
   When any highway sought to be improved or constructed under the
provisions of this article is situated in two or more counties, a
petition, or concurrence in such a petition, passed by a three-fifths
vote of the membership of the board of supervisors of each of such
counties is required to initiate the proceeding under this article.




791.  Such petition shall contain:
   (a) A description of the highway proposed to be improved or
constructed.
   (b) A statement as to whether the county will supply, at its own
expense, such rights of way as are necessary.
   (c) A statement of the funds which such county already has
available, or proposes to provide, for such construction.
   (d) Such other information or data as the department requests.




792.  Upon the receipt of such petition, if the department
determines that public necessity and convenience will be served
thereby, it may cooperate with the petitioning county or counties, in
any manner agreeable to all parties, for the purpose of procuring
preliminary estimates of the cost of the proposed project. After such
preliminary estimates are made and submitted to it, the department
may enter into an agreement with any petitioner or with the several
petitioners for the purpose of securing detailed surveys, plans,
specifications, and estimates of the cost of the proposed project.



793.  All such surveys, plans, specifications, and estimates of cost
shall be subject to the approval of the department. Upon such
approval, a copy of the petition and approved documents shall be
filed with the department, and with the clerk of the board of
supervisors and the county recorder of each petitioning county.




794.  Upon such approval the department may enter into a written
agreement with any petitioner or with the several petitioners for the
improvement or construction of the highway in question. The cost of
such improvement or construction shall be prorated between the
contracting parties in any agreed proportion.



795.  If the proposed construction or improvement lies wholly within
one county, the board of supervisors of the county may designate the
county surveyor or any engineer to take charge of the work. If two
or more counties are petitioners they shall agree as to the engineer
or county surveyor who will take charge of the work and after so
agreeing they shall notify the department that they are ready to
proceed with the work.



796.  When a written agreement has been entered into as provided in
section 794, detailed plans and specifications shall be prepared by
the engineer or surveyor named to take charge of the proposed
construction or improvement and shall be submitted to the department
for its approval. If such plans and specifications meet with the
approval of the department it shall so notify the petitioning board
or boards of supervisors.



797.  The board shall then proceed to advertise for bids and let the
contract for the improvement or construction of such highway after
first securing the department's written approval of the proposal
submitted by the successful bidder. If the bids for improving or
constructing such highway exceed a figure which the department
considers reasonable, such bids shall be rejected. In such case the
project may be readvertised and if, upon such readvertisement, no
satisfactory bid is received the work proposed may, subject to the
approval and under the inspection of the department, be undertaken by
day labor.


798.  Payment for the work done under this article shall be made in
the manner provided by law for the payment of claims against
counties. Upon satisfactory evidence being presented to the
department that the work done conforms to its requirements, the
department shall pay, in the manner provided by law, its pro rata
share of the cost of the work as agreed upon. Such payment shall be
made out of any funds available to the department for such purposes.