SECTIONS 20990-20998 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20990-20998

20990. The provisions of this article shall apply to contracts by
the Los Angeles County Flood Control District as provided for in
Chapter 755 of the Statutes of 1915.

20991. All contracts for any improvement or unit of work, except as
provided in this article, estimated to cost in excess of twenty-five
thousand dollars ($25,000), shall be let to the lowest responsible
bidder in the manner provided in this article. The board of
supervisors of the district shall advertise by five or more
insertions in a daily newspaper of general circulation, or by two or
more insertions in a weekly newspaper of general circulation, printed
and published in the district, inviting sealed proposals for the
construction of the improvement or work. The board shall require the
successful bidder or bidders to file with the board good and
sufficient bonds, to be approved by the board, conditioned upon the
faithful performance of the contract and upon the payment of all
claims for labor and material. The bonds shall contain the terms and
conditions set forth in Chapter 7 (commencing with Section 3247) of
Title 15 of Part 4 of Division 3 of the Civil Code and shall be
subject to the provisions of that chapter. The board shall have the
right to reject any bid not suitable to the best interests of the
district. In the event all proposals are rejected or no proposals are
received pursuant to advertisement, or the estimated cost of the
work does not exceed ten thousand dollars ($10,000), or the work
consists of channel protection, dam protection, temporary work,
maintenance work, or emergency work, the board of supervisors may,
without advertising for bids, have the work done by force account.
Emergency work may also be done by negotiated contract without
advertising for bids. In case of an emergency, if notice for bids to
let contracts will not be given, the board shall comply with Chapter
2.5 (commencing with Section 22050).

20991. All contracts for any improvement or unit of work, except as
provided in this article, estimated to cost in excess of twenty-five
thousand dollars ($25,000), shall be let to the lowest responsible
bidder in the manner provided in this article. The board of
supervisors of the district shall advertise by five or more
insertions in a daily newspaper of general circulation, or by two or
more insertions in a weekly newspaper of general circulation, printed
and published in the district, inviting sealed proposals for the
construction of the improvement or work. The board shall require the
successful bidder or bidders to file with the board good and
sufficient bonds, to be approved by the board, conditioned upon the
faithful performance of the contract and upon the payment of all
claims for labor and material. The bonds shall contain the terms and
conditions set forth in Chapter 5 (commencing with Section 9550) of
Title 3 of Part 6 of Division 4 of the Civil Code and shall be
subject to the provisions of that chapter. The board shall have the
right to reject any bid not suitable to the best interests of the
district. In the event all proposals are rejected or no proposals are
received pursuant to advertisement, or the estimated cost of the
work does not exceed ten thousand dollars ($10,000), or the work
consists of channel protection, dam protection, temporary work,
maintenance work, or emergency work, the board of supervisors may,
without advertising for bids, have the work done by force account.
Emergency work may also be done by negotiated contract without
advertising for bids. In case of an emergency, if notice for bids to
let contracts will not be given, the board shall comply with Chapter
2.5 (commencing with Section 22050).

20992. It shall be the duty of the purchasing agent of Los Angeles
County, and the ex officio purchasing agent of Los Angeles County
Flood Control District, unless otherwise ordered by the board of
supervisors, to purchase for the district all materials, supplies,
equipment, and other personal property necessary to carry out the
purposes of this act, except emergency purchases, and to engage
independent contractors to perform sundry services for the district,
where the aggregate cost of such work, exclusive of materials to be
furnished by the district, does not exceed twenty-five thousand
dollars ($25,000). The purchasing agent shall make all such purchases
and contracts upon proper requisition therefor, signed by the chief
engineer of the district.

20993. Any improvement for which bonds are voted under the
provisions of this act shall be made in conformity with the report,
plans, specifications, and map theretofore adopted, as above
specified, unless the doing of any such work described in the report
shall be prohibited by law, or be rendered contrary to the best
interests of the district by some change of conditions in relation
thereto, in which event the board of supervisors may, by vote of
four-fifths of all the members thereof, order necessary changes made
in such proposed work or improvements, and may cause new plans and
specifications to be made and adopted therefor.

20994. Any work or improvement provided for in this act may be
located, constructed, and maintained in, along, or across any public
road or highway in the County of Los Angeles, in such manner as to
afford security for life and property, but the board of supervisors
of the district shall restore or cause to be restored such road or
highway to its former state as near as may be, so as not to impair
its usefulness.

20995. The plans and specifications for any work proposed to be
done, or improvements to be made, under this act, in any municipality
in the district shall first be approved by the legislative body of
such municipality before the commencement of such work or
improvements, and before any contract shall be let therefor;
provided, that in the event such legislative body shall refuse or
neglect to approve the said plans and specifications for such work or
improvement within 30 days after being requested by the board of
supervisors so to do, then the board of supervisors shall omit the
doing of such work or making of such improvements within such
municipality, and such omission shall not affect the validity of its
proceedings under this act, and the funds which were to be expended
for such proposed work or improvement in the municipality may be
expended elsewhere by the board of supervisors for carrying out the
purposes of this act.

20996. The governing body of the district may, upon receiving
request therefor, cause to be designed and inserted in the
specifications and contract for any flood control channel or storm
drain, as to any portion thereof planned to be constructed under this
act as an open channel, provision for the construction in
conjunction therewith of facilities for the covering or crossing over
of any such portion, or a part of such portion if, in the judgment
of the governing body, such crossing or covering will not impair the
usefulness of the flood control channel or storm drain and will not
be otherwise adverse to the best interests of the district; provided,
however, that as to any such requested covering or crossing
facilities the costs of design and construction are to be fully borne
by the requesting party or parties.
The governing body of the district may expend funds of the
district for the construction of facilities for the covering or
crossing over of any portion of existing flood control channels or
storm drains of the district whenever it determines such expenditures
to be in the best interests of the district. The district may also
expend for such purpose any funds provided it by any local agency
within the district for the construction of facilities for the
covering or crossing over of any portion of existing flood control
channels or storm drains of the district.

20997. The governing body of the district shall have full authority
to cause to be inserted in specifications and contracts for any
flood control work financed or paid for in whole or in part out of
moneys obtained from the United States of America or any department
or agency thereof as a loan, grant, or appropriation, the provisions
or terms as may be prescribed by the United States of America or such
department or agency as a condition upon which the federal funds are
loaned, granted, or appropriated.

20998. The board of supervisors of the district may, by ordinance,
resolution, or board order, authorize the chief engineer or other
district officer to order changes or additions in the work being
performed under contracts made pursuant to this article in an amount
not to exceed:
(a) For contracts whose original cost is less than fifty thousand
dollars ($50,000), the amount of the change or addition shall not
exceed five thousand dollars ($5,000).
(b) For contracts whose original cost is fifty thousand dollars
($50,000), but less than two hundred fifty thousand dollars
($250,000), the amount of the change or addition shall not exceed 10
percent of the amount of the cost of the original contract.
(c) For contracts whose original cost is two hundred fifty
thousand dollars ($250,000) or more, the amount of the change or
addition shall not exceed twenty-five thousand dollars ($25,000),
plus 5 percent of the amount of the cost of the original contract
that is in excess of two hundred fifty thousand dollars ($250,000).
In no event shall any change or addition exceed two hundred ten
thousand dollars ($210,000).