Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.
This part applies to contracts by water replenishment districts established pursuant to this division.
Part 8 - COMPETITIVE BIDDING
California Water Code — §§ 60600-60622
Sections (7)
Current Version
Repealed and added by Stats. 2022, Ch. 891, Sec. 2. (SB 1476) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 3 of Stats. 2022, Ch. 891.
(a)An expenditure for the erection, construction, alteration, repair, or improvement of a public structure or building of twenty-five thousand dollars ($25,000) or more shall be let by contract by formal bidding procedure, consistent with the applicable provisions of the Public Contract Code.
(b)The district shall adopt policies and procedures, including formal and informal bidding requirements, governing contracts for professional services, materials, supplies, and
equipment, provided that private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be selected pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
Future Version
Repealed (in Sec 2) and added by Stats. 2022, Ch. 891, Sec. 3. (SB 1476) Effective January 1, 2023. Operative January 1, 2028, by its own provisions.
(a)Before making any contract totaling twenty-five thousand dollars ($25,000) or more within any 12-month period, the district shall advertise for bids.
(b)Notwithstanding subdivision (a), if a proposed expenditure described in the annual district budget for any item of supplies or services equals or exceeds twenty-five thousand dollars ($25,000), the district shall advertise for bids before making any contract for that item during the year to which that budget applies.
(c)This section does not apply to any of the following contracts:
(1)The
recruitment, hiring, and dismissal of district employees and officers.
(2)Contracts with other public entities pursuant to subdivision (i) of Section 60230.
(3)Contracts for which only per diem and travel expenses are paid and there is no payment for services rendered.
(4)Contracts solely for the purpose of retaining expert witnesses for litigation.
(5)Contracts for proprietary information or systems.
(6)Contracts for professional services, including, but not limited to, architectural, engineering, environmental, land surveying, or construction project management services, that are let on the basis of
demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
(7)Contracts for legal services that are let on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services.
(d)The district may adopt other procurement, advertising, and bidding rules that are more restrictive than those contained in the Public Contract Code and those more restrictive rules shall govern the procurement, advertising, and bidding practices of the district.
(e)This section shall become operative on January 1,
2028.
Amended by Stats. 2023, Ch. 592, Sec. 1. (AB 1736) Effective January 1, 2024.
(a)For any improvement or unit of work done by district personnel, the estimated cost of the work shall not exceed twenty-five thousand dollars ($25,000), except under either of the following circumstances:
(1)The work consists of maintenance work, as defined in subdivision (d) of Section 22002 of the Public Contract Code.
(2)The work consists of emergency work.
(b)Notice of a contract for any improvement or work shall be made by the district after publication pursuant to Section 6064 of the Government Code. The notice shall set forth all of the following information:
(1)Plans and specifications of the work to be done can be seen at the office of the district.
(2)The board will receive sealed bids.
(3)The contract will be let to the lowest responsible bidder.
(4)The bids will be opened in public at a given time and place.
(c)If less than the whole work provided for in the plans and specifications is to be done, the portion to be done shall be particularly described in the notice.
(d)All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security:
(1)Cash.
(2)A cashier’s check made payable to the district.
(3)A certified check made payable to the district.
(4)A bidder’s bond executed by an admitted surety insurer, made payable to the district.
(e)Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period, but in no event shall that security be held by the district beyond 60 days from the time the award is made.
(f)The board may do any of the following:
(1)Let the work to the lowest responsible bidder.
(2)Reject any or all bids and readvertise for
proposals.
(3)Proceed to construct the work under its own superintendence.
(4)If no bids are received, negotiate a contract for the work.
Amended by Stats. 2001, Ch. 829, Sec. 3. Effective January 1, 2002.
In case of an emergency relating to the repair or replacement of district facilities, if notice for bids to let contracts will not be given, the district shall comply with Chapter 2.5 (commencing with Section 22050) of the Public Contract Code.
Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.
Upon receipt of an offer for a less price than that specified in the lowest rejected bid, the board may enter into a contract for the furnishing of the materials with the person who has offered them at the lowest price.
Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.
Any person to whom a contract is awarded shall enter into a bond, to be approved by the district, payable to the district for its use, for 25 percent of the amount of the contract price, conditioned for the full and faithful performance of the contract. The work shall be done under the direction and to the satisfaction of, and be approved by, the district.
Amended by Stats. 2022, Ch. 891, Sec. 11. (SB 1476) Effective January 1, 2023.
(a)Contracts and other documents executed by the district that require or authorize the district to expend forty thousand dollars ($40,000) or more shall be authorized by the board of directors and signed by the president and the secretary except that the board may, by resolution, authorize a specific contract or other document, not to exceed one hundred thousand dollars ($100,000), to be signed by the district manager and one other district representative.
(b)Contracts and other documents executed by the district that require or authorize the district to expend less than forty thousand dollars ($40,000) may be approved and signed by the district manager and one other district representative authorized by the board of directors, provided, however, that the manager shall not execute multiple contracts or documents on behalf of the district with the same person or entity within a one-year period that cumulatively total forty thousand dollars ($40,000) or more, without the board’s prior approval.