SECTIONS 21020-21024 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21020-21024

21020. The provisions of this article shall apply to contracts by
the Orange County Flood Control District, as provided for in Chapter
723 of the Statutes of 1927.

21020.2. All contracts for any improvement or unit of work, except
as provided in this article, estimated to cost in excess of ten
thousand dollars ($10,000), 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 or work of the proposed improvement or work and may let
by contract separately, any part of the work or improvement. The
board shall have the right to reject any bids not suitable to the
best interests of the district. In the event all proposals are
rejected, or no proposals are received pursuant to advertising, or
the estimated cost of the work does not exceed ten thousand dollars
($10,000), or the work consists of channel protection, maintenance
work, or emergency work, the board of supervisors may, without
advertising for bids, have the work done by force account. 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). The district shall have power to purchase in the open market,
without advertising for bids, materials and supplies for use in any
work being done by it either under contract or by force account
whenever the estimated costs of the materials or supplies do not
exceed five thousand dollars ($5,000); and provided further, that in
case of emergency work, the district shall have the power to purchase
in the open market, without advertising for bids therefor, materials
and supplies for use in any work, even though the cost thereof
should exceed five thousand dollars ($5,000).

21020.5. Any improvement for which bonds are voted under the
provisions of the act shall be made in conformity with the report,
plans, specifications, and map theretofore adopted, as above
specified, unless the doing of any of the 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 a
vote of four-fifths of all the members thereof, order necessary
changes made in the proposed work or improvements, and may cause new
plans and specifications to be made and adopted therefor.

21020.8. Any work or improvements provided for in the act may be
located, constructed, and maintained in, along, or across any public
road or highway in the County of Orange, in the manner as to afford
security for life and property, but the board of supervisors of the
district shall restore or cause to be restored any public road or
highway to its former state as near as may be, so as not to impair
its usefulness.

21020.9. The plans and specifications for any work proposed to be
done, or improvements to be made, under the act, in any municipality
in the district shall first be approved by the legislative body of
the municipality before the commencement of the work or improvements,
and before any contract shall be let therefor; provided, that in the
event the legislative body shall refuse or neglect to approve the
plans and specifications for the 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 the work or making of
the improvements within the municipality, and the omission shall not
affect the validity of its proceedings under the act, and the funds
which were to be expended for the proposed work or improvement in the
municipality may be expended elsewhere by the board of supervisors
for carrying out the purposes of the act.

21021. Every contract entered into by the district for construction
or improvements shall be subject to the provisions of Chapter 303 of
the Statutes of 1919, as amended; and the board of supervisors of
the district shall require the contractor to file with it good and
sufficient bonds conditioned upon the faithful performance of the
contract and upon the payment of all claims for labor and material in
connection therewith in accordance with the provisions of that act.

21022. The contract shall be entered into by the engineer, and the
assessment and warrant, when confirmed, shall be recorded in the
office of the engineer.

21023. The governing body of said 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, or any department or
agency thereof, as a loan, grant or appropriation, such provisions or
terms as may be prescribed by the United States, or such department
or agency, as a condition upon which such federal funds are loaned,
granted, or appropriated.

21024. Emergency work, found by the board of supervisors to be
necessary, may be done by negotiated contract without advertising for
bids. If notice for bids to let contracts will not be given, the
board shall comply with Chapter 2.5 (commencing with Section 22050).