Article 47. Small Craft Harbor Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 47.
The provisions of this article shall apply to contracts by
small craft harbor districts as provided for in the Small Craft
Harbor District Law pursuant to Part 7 (commencing with Section 7000)
of Division 8 of the Harbors and Navigation Code.
(a) All construction authorized under this article that
exceeds two thousand five hundred dollars ($2,500) shall be awarded
upon competitive bidding. Notice of the proposed letting of such a
contract shall be published pursuant to Section 6066 of the
Government Code in a newspaper of general circulation in the district
or, if there is none, of general circulation in the county, the
first publication to be at least two weeks prior to the opening of
bids. The notice inviting bids shall set a date for the opening of
bids. The contract shall be awarded to the lowest responsible bidder.
In its discretion, the board may reject any bids presented and
readvertise. If two or more bids are the same and the lowest, the
board may accept the one it chooses. If no bids are received, the
board may have the work done directly by purchasing the materials and
hiring the labor.
(b) If all bids are rejected, the board may adopt a resolution, by
four-fifths vote, declaring that the work can be performed more
economically by hiring day labor, or that the materials or supplies
can be furnished at a lower price in the open market, and may have
the work done in the manner stated in the resolution in order to take
advantage of this lower cost.
(c) If there is an emergency, the board may, by four-fifths vote
adopt a resolution declaring that the public interest and necessity
demand the immediate expenditure of public money to safeguard life,
health, or property, and expend any sum required in the emergency
without submitting the expenditure to the bidding procedure set
forth. If notice for bid to let contracts will not be given, the
board shall comply with Chapter 2.5 (commencing with Section 22050).
(d) The board may negotiate with the government of the United
States or any department or agency thereof, the state or any
department or agency thereof, or any local public agency for the
purpose of assisting the district in the performance of any of the
work authorized by this article and, without advertising for bids,
may cause the district to contribute to the United States, the State
of California, or any local public agency all or any portion of the
estimated cost of any work authorized by this article which is to be
done by or under contract with the United States, the State of
California, or any local public agency.
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.