SECTIONS 21150-21152 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21150-21152

21150. The provisions of this article shall apply to contracts by
the Alameda County Flood Control and Water Conservation District, as
provided for in Chapter 1275 of the Statutes of 1949.

21151. All contracts for any improvement or unit of work when the
cost according to the estimate of the engineer will exceed
twenty-five thousand dollars ($25,000), with or without the
furnishing of materials or supplies, shall be let to the lowest
responsible bidder or bidders in the manner provided in this article.
Construction of improvements or works shall not be staged to avoid
the bidding process. The board shall first determine whether the
contract shall be let as a single unit for the whole of the work, or
shall be divided into severable parts, or both, according to the best
interests of the district. The board shall call for bids and
advertise the call by inviting sealed proposals for the construction
or performance of the improvement or work before any contract is
made. The board shall invite the bids by publishing a notice of the
call for bids pursuant to Section 6062 or 6066 of the Government Code
in a newspaper of general circulation in the county. The call for
bids shall state whether the work is to be performed as a unit or
shall be divided into severable specific parts, or both, as stated in
the call. The board may let the work by single contract or it may
divide the work into severable parts by separate contracts, as stated
in the call, according to the best interests of the district. 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 their claims for labor and material, the bonds to
contain the terms and conditions set forth in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code and to
be subject to the provisions of that title. The board shall also have
the right to reject any bid. In the event the engineer's estimate is
twenty-five thousand dollars ($25,000) or less, or in the event no
proposals are received pursuant to advertisement therefor, or in the
event the work consists of channel protection or maintenance work, or
emergency work, the board of supervisors may, without advertising
for bids, have the work done by day labor under the direction of the
board, by contract, or by a combination of the two. 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 may acquire in the open market without advertising for
bids, materials, equipment, and supplies for use in any work or for
any other purpose.

21151. All contracts for any improvement or unit of work when the
cost according to the estimate of the engineer will exceed
twenty-five thousand dollars ($25,000), with or without the
furnishing of materials or supplies, shall be let to the lowest
responsible bidder or bidders in the manner provided in this article.
Construction of improvements or works shall not be staged to avoid
the bidding process. The board shall first determine whether the
contract shall be let as a single unit for the whole of the work, or
shall be divided into severable parts, or both, according to the best
interests of the district. The board shall call for bids and
advertise the call by inviting sealed proposals for the construction
or performance of the improvement or work before any contract is
made. The board shall invite the bids by publishing a notice of the
call for bids pursuant to Section 6062 or 6066 of the Government Code
in a newspaper of general circulation in the county. The call for
bids shall state whether the work is to be performed as a unit or
shall be divided into severable specific parts, or both, as stated in
the call. The board may let the work by single contract or it may
divide the work into severable parts by separate contracts, as stated
in the call, according to the best interests of the district. 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 their claims for labor and material, the bonds to
contain the terms and conditions set forth in Title 3 (commencing
with Section 9000) of Part 6 of Division 4 of the Civil Code and to
be subject to the provisions of that title. The board shall also have
the right to reject any bid. In the event the engineer's estimate is
twenty-five thousand dollars ($25,000) or less, or in the event no
proposals are received pursuant to advertisement therefor, or in the
event the work consists of channel protection or maintenance work, or
emergency work, the board of supervisors may, without advertising
for bids, have the work done by day labor under the direction of the
board, by contract, or by a combination of the two. 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 may acquire in the open market without advertising for
bids, materials, equipment, and supplies for use in any work or for
any other purpose.

21152. If any change or addition in the work being performed under
a construction contract pursuant to this section is deemed necessary,
the board may authorize the contractor to proceed with the change or
addition without the formality of obtaining bids therefor, provided
that the extra cost to the district 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 which exceeds fifty thousand dollars
($50,000). The board may, by board order, authorize the Director of
Public Works or other district officer to order such changes or
additions in the work being performed, provided that the above
conditions are satisfied and that the cost of the change or addition
does not exceed twenty-five thousand dollars ($25,000). The
authorization to the Director of Public Works or other district
officer shall include the authority to grant any contract time
extensions necessary in connection with the changes or additions. All
changes or additions to the work shall be ordered in writing. If a
change or addition in a contract awarded under the provisions of this
section is requested by any person, firm, corporation, or public
agency, other than the district, which person, firm, corporation, or
public agency agrees to pay all of the cost of the change or
addition, the board may, by board order, authorize the Director of
Public Works or other district officer to direct the contractor to
proceed with the change or addition without the formality of
obtaining bids therefor, provided that the cost of the change or
addition does not exceed 15 percent of the original contract price.