SECTIONS 21060-21061 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21060-21061

21060. The provisions of this article shall apply to contracts by
the San Bernardino County Flood Control District, as provided for in
Chapter 73 of the Statutes of 1939.

21061. (a) 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.
(b) 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 to 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 to be
subject to that chapter.
(c) The board may also reject any bid not suitable to the best
interests of the district. If all proposals are rejected or no
proposals are received pursuant to advertisement therefor, or the
work consists of channel protection, dam protection, temporary work,
maintenance work, or of 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 or requiring bonds. 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).
(d) The board of supervisors, acting as the board of the district,
may, by ordinance, resolution, or board order, authorize the flood
control engineer or other county officer to order changes or
additions in work being performed under a construction contract. When
so authorized, any change or addition in the work shall be ordered
in writing by the flood control engineer, or other designated
officer, and the extra cost for any change or addition to the work so
ordered shall not exceed five thousand dollars ($5,000) when the
total amount of the original contract does not exceed fifty thousand
dollars ($50,000), nor 10 percent of the amount of any original
contract that exceeds fifty thousand dollars ($50,000), but does not
exceed two hundred fifty thousand dollars ($250,000). For contracts
whose original cost exceeds two hundred fifty thousand dollars
($250,000), the extra cost for any change or addition to the work so
ordered shall not exceed twenty-five thousand dollars ($25,000), plus
5 percent of the amount of the original contract costs in excess of
two hundred fifty thousand dollars ($250,000). In no event shall any
such change or alteration exceed one hundred fifty thousand dollars
($150,000).

21061. (a) 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.
(b) 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 to 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 to be
subject to that chapter.
(c) The board may also reject any bid not suitable to the best
interests of the district. If all proposals are rejected or no
proposals are received pursuant to advertisement therefor, or the
work consists of channel protection, dam protection, temporary work,
maintenance work, or of 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 or requiring bonds. 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).
(d) The board of supervisors, acting as the board of the district,
may, by ordinance, resolution, or board order, authorize the flood
control engineer or other county officer to order changes or
additions in work being performed under a construction contract. When
so authorized, any change or addition in the work shall be ordered
in writing by the flood control engineer, or other designated
officer, and the extra cost for any change or addition to the work so
ordered shall not exceed five thousand dollars ($5,000) when the
total amount of the original contract does not exceed fifty thousand
dollars ($50,000), nor 10 percent of the amount of any original
contract that exceeds fifty thousand dollars ($50,000), but does not
exceed two hundred fifty thousand dollars ($250,000). For contracts
whose original cost exceeds two hundred fifty thousand dollars
($250,000), the extra cost for any change or addition to the work so
ordered shall not exceed twenty-five thousand dollars ($25,000), plus
5 percent of the amount of the original contract costs in excess of
two hundred fifty thousand dollars ($250,000). In no event shall any
such change or alteration exceed one hundred fifty thousand dollars
($150,000).