Article 50. Sanitation Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 50.
The provisions of this article shall apply to contracts by
sanitation districts as provided for in the County Sanitation
District Act pursuant to Division 5 (commencing with Section 4700) of
the Health and Safety Code.
A district may make and perform any agreement with any
public or private corporation of any kind or any person for the joint
construction, acquisition, disposition, or operation of any property
or works of a kind which might be constructed, acquired, disposed
of, or operated by the district.
When work is done by the district itself by force account,
the amount shall not exceed five thousand dollars ($5,000). When the
expenditure required for the work exceeds thirty-five thousand
dollars ($35,000), it shall be contracted for and let to the lowest
responsible bidder after notice. The notice inviting bids shall set a
date for the opening of bids. The first publication or posting of
the notice shall be at least 10 days before the date of opening the
bids. Notice shall be published at least twice, not less than five
days apart, in a newspaper of general circulation, printed and
published in the district, or if there is none, it shall be posted in
at least three public places in the district that have been
designated by the district board as the places for posting this
notice. The notice shall distinctly state the work to be done.
In its discretion, the district board may reject any bids
presented and readvertise. If two or more bids are the same and the
lowest, the district board may accept the one it chooses. If no bids
are received, the district board may have the work done without
If all bids are rejected, the district board, on a resolution
adopted by a four-fifths vote, may declare that the work can be
performed more economically by day labor, or the materials or
supplies furnished at a lower price in the open market and may have
the work done in a manner stated in the resolution in order to take
advantage of this lower cost.
If there is a present or anticipated great public calamity,
including an extraordinary fire, flood, storm, or other disaster the
district board may, by resolution adopted by a four-fifths vote
declaring that the public interest and necessity demand immediate
expenditure of public money to safeguard life, health, or property,
expend any sum required in the emergency without submitting the
expenditure to bid.
Cost records of the work shall be kept in the manner provided in
Sections 4000 to 4007, inclusive, of the Government Code.
This section shall not apply to sewerage maintenance, repair work,
or to any uncompleted works under construction by district forces
prior to the enactment of this section, and shall not be construed to
exempt any work from Part 7 (commencing with Section 1720) of
Division 2 of the Labor Code.
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.