Article 37. County Waterworks Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 37.
The provisions of this article shall apply to contracts by
county waterworks districts, as provided for in the County Waterworks
District Law, Division 16 (commencing with Section 55000) of the
All contracts for construction of a work of improvement for
the district in excess of three thousand five hundred dollars
($3,500) shall be let to the lowest responsible bidder, except that
contracts under seven thousand five hundred dollars ($7,500) may be
let pursuant to informal bidding procedures established by the board,
and except that county waterworks districts may contract with each
other, with the county, or, where the district is a subsidiary
district of a city, with the city, for furnishing labor, materials,
or supplies required for any improvement mentioned in this division
upon such terms and conditions as their boards may elect. With the
approval of the board of supervisors and the board of directors of
the district, if any, or, where the district is a subsidiary district
of a city, with the approval of the city council, and upon the terms
and conditions they may determine, all contracts for construction of
a work of improvement for the district, including those under three
thousand five hundred dollars ($3,500), may be let by the county or
city purchasing agent, as applicable.
The district shall advertise in the county pursuant to
Section 6061 of the Government Code, inviting sealed proposals for
furnishing labor, materials and supplies for the proposed improvement
before any contract for construction of a work of improvement for
the district shall be made.
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:
(b) A cashier's check made payable to the district.
(c) A certified check made payable to the district.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the district.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the district beyond
60 days from the time the award is made.
The district shall have the right to require such bonds as
it may deem best from the successful bidder, to insure the faithful
performance of the contract, and shall also have the right to reject
any and all bids.
In case of an emergency, if notice for bids to let contracts
will not be given, the district shall comply with Chapter 2.5
(commencing with Section 22050).
When the board of supervisors and the board of directors of
the district, if any, determine that any work of repairing,
improving, renewing or extending district facilities can be done more
economically and satisfactorily by day labor without letting
contracts to the lowest bidder as provided in Section 20601, the
governing body of the district may cause the work to be done by day
Nothing contained in this chapter shall be construed as
prohibiting the county when ordered by the board of supervisors, or
the city when ordered by the city council where the district is a
subsidiary district of the city, to make the proposed improvement
without a contractor therefor, and to purchase the materials and
supplies, and employ the labor necessary for the purpose.
The board of supervisors may, except in incorporated cities
or towns, order and contract for any of the work, and the acquisition
of any of the property contemplated, to be done or authorized to be
acquired under this division, and to provide, if ordered by
four-fifths of the members of the board of supervisors, that the cost
shall be borne by a district.
Any improvement for which bonds are voted under the
provisions of this division, shall be made in conformity with the
general description of the proposed improvement as provided for in
the proceedings authorizing issuance of the bonds.
Whenever for any reason water system facilities are proposed
to be installed in a district by someone other than the district
itself, or the installation cost is proposed to be paid by someone
other than the district itself, and the facilities are to be
thereafter dedicated to the district for public use, and the board
determines that it is necessary and convenient to the purposes of the
district that the acceptance of said dedication be conditional upon
the water system facilities being adequate to serve land other than
and in addition to land proposed by the installer to be served
thereby, the board may by contract agree to reimburse and may
reimburse the installer for the proportionate part of the total cost
of such water system facilities which will serve and benefit other
land, upon such terms as may be agreed upon.
The reimbursement contract may provide that the
reimbursement will be made in periodic payments over an agreed period
of time not to exceed 10 years, exclusively out of charges imposed
upon land and collected from persons owning the land other than the
land proposed by the installer to be served by the water system
facilities. The other land that may connect to and be served by the
water system facilities shall be specified in the contract.
Under no circumstances shall the total amount of all
reimbursement payments made or agreed to be made exceed the amount,
specified in said contract, for the total cost of the water system
facilities exclusive of the costs attributable to the land of the
installer. An amount attributable to interest may also be included in
the contract, at a rate not to exceed 4 percent per annum from the
date of installation to the date of connection of other land to the
Whenever a district has contracted to reimburse an installer
for the installation of water system facilities, it may impose upon
land and collect from any person owning the land, other than the land
designated in the contract as proposed by the installer to be served
therefrom, which may connect to and receive water service from or
through said water system facilities, a reasonable charge
representing the proportionate share of the estimated cost of
replacement or the proportionate share of the total installation cost
of said water system facilities which is fairly attributable to the
land which may receive water service. An amount attributable to
interest may be included in the charge at a rate not to exceed 4
percent per annum from the date of installation to the date of
connection of other land to the facilities.
All charges collected under Section 20612 shall be paid into
the treasury of the district and treated in the same manner as other
water revenues, except as otherwise provided in this chapter and the
The board of supervisors and the board of directors of the
district, if any, may, by ordinance, resolution, or board order,
authorize the general manager or other district officer to order
changes or additions in the work being performed under contracts made
pursuant to this article in an amount not to exceed:
(a) For contracts whose original cost is less than fifty thousand
dollars ($50,000), the amount of the change or addition shall not
exceed five thousand dollars ($5,000).
(b) For contracts whose original cost is fifty thousand dollars
($50,000), but less than two hundred fifty thousand dollars
($250,000), the amount of the change or addition shall not exceed 10
percent of the amount of the cost of the original contract.
(c) For contracts whose original cost is two hundred fifty
thousand dollars ($250,000) or more, the amount of the change or
addition shall not exceed twenty-five thousand dollars ($25,000),
plus 5 percent of the amount of the cost of the original contract
that is in excess of two hundred fifty thousand dollars ($250,000).
In no event shall any change or addition exceed two hundred ten
thousand dollars ($210,000).
(a) Contracts by the district for private architectural,
landscape architectural, professional engineering, environmental,
land surveying, and construction project management services may be
let by the board or any officer authorized by the board pursuant to
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of
the Government Code.
(b) Contracts by the district for special services, as provided in
Section 31000 of the Government Code, may be let by the board or any
officer authorized by the board pursuant to Section 31000 of the