Article 52. Sanitary Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 52.
The provisions of this article shall apply to contracts by
sanitary districts as provided in the Sanitary District Act of 1923
pursuant to Division 6 (commencing with Section 6400) of the Health
and Safety Code.
"District project," as used in this article, means any
construction, reconstruction, alteration, enlargement, renewal, or
replacement of sewer facilities which the district is authorized to
do, including, but not limited to, the furnishing of supplies or
materials for any such work.
When the expenditure required for a district project exceeds
fifteen thousand dollars ($15,000), it shall be contracted for and
let to the lowest responsible bidder after notice, subject to Section
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, circulated within 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 resolution as the places
for posting public notices. The notice shall distinctly state the
project to be done.
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.
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 project done without
further complying with this article.
If there is an emergency, or if it is necessary to do
emergency work to prepare for national or local defense, the district
board may pass a resolution by a four-fifths vote of its members
declaring that the public interest and necessity demand the immediate
expenditure of district funds to safeguard life, health, or
property. Upon adoption of the resolution, it may expend any sum
required in the emergency without complying with this article. If
notice for bids to let contracts will not be given, the board shall
also comply with Chapter 2.5 (commencing with Section 22050).