Article 95. Santa Cruz County Flood Control And Water Conservation District of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1.5. >> Article 95.
The provisions of this article shall apply to contracts by
the Santa Cruz County Flood Control and Water Conservation District,
as provided for in Chapter 1489 of the Statutes of 1955.
All contracts for the construction of any unit of work,
except as provided in Sections 21292 and 21298, estimated to cost in
excess of five thousand dollars ($5,000) shall be let to the lowest
responsible bidder in the manner hereinafter provided.
Materials and supplies for use in any new construction work
or improvement, may not be purchased if the cost thereof exceeds five
thousand dollars ($5,000), without advertising for bids and awarding
the contract therefor to the lowest responsible bidder.
The board shall adopt plans, specifications, strain sheets,
and working details for the work.
The board shall cause an advertisement for bids for the
performance of the work on the purchase of materials to be published
in the county pursuant to Section 6061 of the Government Code, at
least 10 days before the day set for opening bids.
All bidders shall be afforded opportunity to examine the
plans, specifications, strain sheets and working details.
All proposals or bids offered shall be accompanied by a
cashier's or certified check payable to the district, for an amount
which shall not be less than 10 percent of the aggregate of the
proposal, or by a bond for that amount and so payable, signed by the
bidder and two sureties, who shall justify, in double that amount,
before any officer competent to administer an oath, and over and
above all statutory exemptions, or by a corporate surety bond, to the
satisfaction and approval of the district.
The board shall award the contract to the lowest responsible
bidder, and the person to whom the contract is awarded shall perform
the work in accordance with the plans, specifications, strain
sheets, and working details, unless the contract is modified by a
four-fifths vote of the board.
The person to whom the contract is awarded shall execute a
bond to be approved by the board for the faithful performance of the
If the board is advised by its engineer, or by the county
surveyor or engineer, that any facility can be constructed or
repaired for a sum less than the lowest responsible bid, it may
reject all bids and order the work done by day's work under the
supervision and direction of the county surveyor or engineer or its
engineer as determined by the board.
(a) By the unanimous consent of the whole board in cases of
emergency, except for compliance with subdivision (b), the board may
proceed at once to replace or repair any and all structures without
adopting the plans, specifications, strain sheets, or working details
or giving notice for bids to let contracts. The work may be done by
day labor under the direction of the board, by contract, or by a
combination of the two. If the work is done wholly or in part by
contract, the contractor shall be paid the actual cost of material
and labor expended by him or her in doing the work, plus not more
than 15 percent to cover all profits, supervisions, use of machinery
and tools, and other expenses. No more than the lowest current market
prices shall be paid for materials.
(b) 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 plans and specifications adopted by the board for the
erection, alteration, construction, or repair of any public building
or other public structure shall not be altered or changed in any
manner which increases its cost, except by a vote of two-thirds of
the members of the board.
Whenever the board enters into a contract for the erection,
construction, alteration, or repair of any public building or other
structure, the contract shall not be altered or changed in any
manner, except by order adopted by a vote of two-thirds of the board,
and the consent of the contractor.
If any change or alteration of the contract is ordered, it
shall be specified in writing and the cost agreed upon between the
board and the contractor. If the cost so agreed upon:
(a) Does not exceed the amount specified in Section 113, or
(b) 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 therefor.
No change or alteration shall be authorized the amount of which is
within the limitation specified in subdivision (b) and in excess of
the limitation specified in subdivision (a) except by four-fifths
vote of the board.
If the cost of the works is reduced by reason of any
modification of the contract an adjustment shall be made with the
Personal property may be purchased in the manner provided
therefor for the county.
The provisions of this article do not apply to work to be
performed by others pursuant to Section 21297.
(a) It may make and enter into contracts with the United
States, the State of California, any political subdivision, county,
municipality, district, agency, or mandatory of the State of
California or of the United States and any department, board, bureau,
or commission of the State of California or the United States, or
any person, firm, association, or corporation, jointly or severally,
for the acquisition of property or rights or the construction,
maintenance, and operation in whole or in part of any or all works
and improvements provided for in this act.
(b) It may lease or rent to or from any of the parties named in
subdivision (a) any property or rights necessary, in the opinion of
the board, to accomplish or carry out any of the work or improvement
or the maintenance thereof herein provided and under such terms and
conditions as may be agreed upon between the parties.
(c) It may receive and accept any and all contributions in labor,
material, or money from any of the parties named in subdivision (a),
to be applied to the work or improvement herein provided for.
(d) It may cooperate and contract with the United States under the
Federal Reclamation Act of June 17, 1902, and all acts amendatory
thereof or supplementary thereto or any other act of Congress
heretofore or hereafter enacted permitting cooperation or contract
for the purposes of construction of works, whether for irrigation,
drainage, or flood control, or for the acquisition, purchase,
extension, operation, or maintenance of such works, or for a water
supply for any purposes, or for the assumption as principal or
guarantor of indebtedness to the United States, or for carrying out
any of the purposes of the district, and to carry out and perform the
terms of any contract so made.