The Governing Board is asked to approve Resolution #23-24-022; Declaring the Futility of Public Bidding for the Additional Alterations to the Science Building C Work  at Eureka High School, and  Approving a Change Order for that Work.

The contractor has provided Change Order No. 17, which may exceed the limit for change orders that are not competitively bid, as established by Public Contract Code section 20118.4.

Going out to bid for the additional work would result in substantial delay to the project, resulting in significantly increased costs for Eureka City Schools due to the significant work stoppage time required by the general contractor to wait for the bidding and award of contract.

California law provides that “Where competitive proposals work an incongruity and are unavailing as affecting the final result or where they do not produce any advantage . . . the statute requiring competitive bidding does not apply” (Hiller v. City of Los Angeles (1961) 197 Cal.App.2d 685, 694), and that public entities need not comply with competitive bidding processes where to do so would be impractical or futile and would not serve the purposes of competitive bidding. (Los Angeles Dredging Company v. City of Long Beach (1930) 210 Cal. 348; Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631; Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331).