M & B Construction v. Yuba County Water Agency
Opinion
Opinion
Raye, J.
Defendant Yuba County Water Agency (the Agency) appeals from a judgment granting plaintiff M & B Construction’s petition for writ of mandate. The trial court found the Agency lacked discretion to require that bidders on a construction project bid have a class “A” contractor’s license. It directed the Agency to allow all legally licensed contractors to bid on the project. We reverse.
Facts
The pertinent facts are undisputed. In April 1997 the Agency solicited bids pursuant to Public Contract Code section 22032, subdivision (c) for construction of the first phase of a canal and pipeline project. The project, intended to deliver surface river water to a water company, required construction of 3,400 feet of earth-lined canal, 903 feet of 6-foot diameter concrete pipeline, and related structures. The Agency’s engineer estimated project costs would be allocated approximately 35 percent for the pipeline, 34 percent structural concrete, 23 percent earthwork, 4 percent fencing, and 4 percent miscellaneous (steel work, water control gate, meter installation and erosion control).
The California Contractors’ State License Board issues class “A” licenses for general engineering…