SECTIONS 21270-21271 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21270-21271

21270. The provisions of this article shall apply to contracts by
the Santa Barbara County Flood Control and Water Conservation
Districts, as provided for in Chapter 1057 of the Statutes of 1955.

21271. All improvement and units of work to be performed by or for
the district shall be performed in accordance with the following
procedures and requirements:
(a) If the work consists of the protection or maintenance of
channels, storm drains, dams or other flood control works, or
emergency work, the board of directors may, without advertising for
bids therefor, 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).
(b) If the work consists of the construction of new flood control
channels, storm drains, dams, or other unit or units of work, and if
the cost of the work, according to the estimate of the engineer, will
exceed ten thousand dollars ($10,000), and if the work is not the
type of work referred to in subdivision (a) or (c) of this section,
the new construction shall be performed under a contract or contracts
which shall be let to the lowest responsible bidder or bidders in
the manner provided in subdivision (d) of this section.
(c) If the work consists of the maintenance or alteration of
existing facilities, including electrical, painting, and roofing
work, and if the cost of labor and materials for the work according
to the engineer's estimate, will exceed three thousand five hundred
dollars ($3,500), and if the work is not the type of work referred to
in subdivision (a) or (b) of this section, the maintenance and
alteration work shall be performed under a contract or contracts
which shall be let to the lowest responsible bidder or bidders in the
manner provided in subdivision (d) of this section.
(d) The board shall first determine whether the work shall be let
as a single unit 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 pursuant to Section 6066 of the
Government Code in the district inviting sealed proposals for the
construction or performance of the work before any contract is made.
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 bond to be approved by the
board conditioned upon the faithful performance of the contract and
upon the payment of the claims for labor and material. The faithful
performance bond shall contain the terms and conditions as the board
may specify, and the payment bond shall contain the terms and
conditions set forth in, and shall be subject to, the provisions of
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code. If the work to be performed on behalf of the district
does not involve an expenditure of fifteen thousand dollars
($15,000) or more, the district may require a faithful performance
bond or a payment bond. The board shall also have the right to reject
any bid.
(e) If no proposals are received pursuant to advertisement, or if
the estimated cost of work of the type referred to in subdivision (b)
of this section does not exceed ten thousand dollars ($10,000), or
if the estimated cost of work of the type referred to in subdivision
(c) of this section does not exceed three thousand five hundred
dollars ($3,500), the board of directors may, without advertising for
bids, have the work done by day labor, under the direction of the
board, by contract, or by combination of the two. If any change or
alteration in a contract awarded under the provisions of this section
for work of the type referred to in subdivision (b) or (c) is deemed
necessary and the cost does not exceed 10 percent of the original
contract price, the board may authorize the contractor to proceed
with the change or alteration without the formality of obtaining
bids.
(f) Notwithstanding the foregoing provisions, the district shall
have the power to acquire in the open market, and may authorize the
Purchasing Agents of the County of Santa Barbara to acquire in the
open market, without advertising for bids, materials, equipment and
supplies for use in any work or for any other purpose; provided,
however, that materials and supplies for use in any new construction
work or improvement, except work referred to in subdivision (a) of
this section, may not be purchased without advertising for bids and
awarding the contract to the lowest responsible bidder if the cost
exceeds two thousand five hundred dollars ($2,500), unless the
purchase is made by the county purchasing agent at the request of the
district, in which case the cost shall not exceed six thousand five
hundred dollars ($6,500).

21271. All improvement and units of work to be performed by or for
the district shall be performed in accordance with the following
procedures and requirements:
(a) If the work consists of the protection or maintenance of
channels, storm drains, dams or other flood control works, or
emergency work, the board of directors may, without advertising for
bids therefor, 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).
(b) If the work consists of the construction of new flood control
channels, storm drains, dams, or other unit or units of work, and if
the cost of the work, according to the estimate of the engineer, will
exceed ten thousand dollars ($10,000), and if the work is not the
type of work referred to in subdivision (a) or (c) of this section,
the new construction shall be performed under a contract or contracts
which shall be let to the lowest responsible bidder or bidders in
the manner provided in subdivision (d) of this section.
(c) If the work consists of the maintenance or alteration of
existing facilities, including electrical, painting, and roofing
work, and if the cost of labor and materials for the work according
to the engineer's estimate, will exceed three thousand five hundred
dollars ($3,500), and if the work is not the type of work referred to
in subdivision (a) or (b) of this section, the maintenance and
alteration work shall be performed under a contract or contracts
which shall be let to the lowest responsible bidder or bidders in the
manner provided in subdivision (d) of this section.
(d) The board shall first determine whether the work shall be let
as a single unit 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 pursuant to Section 6066 of the
Government Code in the district inviting sealed proposals for the
construction or performance of the work before any contract is made.
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 bond to be approved by the
board conditioned upon the faithful performance of the contract and
upon the payment of the claims for labor and material. The faithful
performance bond shall contain the terms and conditions as the board
may specify, and the payment bond shall contain the terms and
conditions set forth in, and shall be subject to, the provisions of
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the
Civil Code. If the work to be performed on behalf of the district
does not involve an expenditure of fifteen thousand dollars ($15,000)
or more, the district may require a faithful performance bond or a
payment bond. The board shall also have the right to reject any bid.
(e) If no proposals are received pursuant to advertisement, or if
the estimated cost of work of the type referred to in subdivision (b)
of this section does not exceed ten thousand dollars ($10,000), or
if the estimated cost of work of the type referred to in subdivision
(c) of this section does not exceed three thousand five hundred
dollars ($3,500), the board of directors may, without advertising for
bids, have the work done by day labor, under the direction of the
board, by contract, or by combination of the two. If any change or
alteration in a contract awarded under the provisions of this section
for work of the type referred to in subdivision (b) or (c) is deemed
necessary and the cost does not exceed 10 percent of the original
contract price, the board may authorize the contractor to proceed
with the change or alteration without the formality of obtaining
bids.
(f) Notwithstanding the foregoing provisions, the district shall
have the power to acquire in the open market, and may authorize the
Purchasing Agents of the County of Santa Barbara to acquire in the
open market, without advertising for bids, materials, equipment, and
supplies for use in any work or for any other purpose; provided,
however, that materials and supplies for use in any new construction
work or improvement, except work referred to in subdivision (a) of
this section, may not be purchased without advertising for bids and
awarding the contract to the lowest responsible bidder if the cost
exceeds two thousand five hundred dollars ($2,500), unless the
purchase is made by the county purchasing agent at the request of the
district, in which case the cost shall not exceed six thousand five
hundred dollars ($6,500).