Article 60.5. Reclamation Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 60.5.
This article applies to contracts by reclamation districts
formed under special acts of the Legislature or under Division 15
(commencing with Section 50000) of the Water Code or any district
which is otherwise authorized to act under that division.
All contracts for any improvement or unit of work, or for
materials or supplies, in excess of twenty-five thousand dollars
($25,000) shall be let to the lowest responsive, responsible bidder,
except as otherwise provided in this article.
It is unlawful to split or separate into smaller work orders
or projects for the purpose of evading the provisions of this
article requiring work to be done by contract after competitive
The board shall advertise for bids by at least two
insertions, not less than five days apart, in a newspaper of general
circulation circulated within the district, or if there is none,
shall post notice at least 10 days before the date of opening of bids
in at least three public places in the district that have been
designated by resolution of the district as the places for posting
public notices. The notice inviting sealed bids shall state the
proposed improvement or work and shall set a date for opening of
Notwithstanding any other provision of law, whenever a
district participates in any federal or state assistance program, the
district shall comply with the procurement requirements of that
program to the extent that the requirements are more restrictive than
those set forth in this article.
The board shall have the right to reject any and all bids
not suitable to the best interests of the district. In its
discretion, the board may readvertise for new bids or negotiate an
offered bid, if it is the sole bid received and the negotiated price
does not exceed the offered bid for the work as advertised. If two or
more bids are the same and are the lowest, the district board may
accept the one it chooses. If no bids are received, the district
board may proceed to complete the project by force account or
contract without further compliance with this article.
(a) In the event of any emergency, the board may negotiate
and award a contract for construction of work to prevent damage or
repair damaged works without advertising for bids and expend any sum
reasonably required in the emergency. If notice for bids to let
contracts will not be given, the board shall comply with Chapter 2.5
(commencing with Section 22050).
(b) Notwithstanding any other provision of this section, the board
or any trustee authorizing or contracting for work in an emergency
shall, if practicable, informally solicit bids or requests for
proposals to seek to obtain the best terms possible, including the
lowest price term, given the urgent circumstances of the emergency,
and, promptly after the emergency ends, shall document the
circumstances of the emergency and the bid or proposal accepted.
(c) Work to further reconstruct or rehabilitate damaged works
after the emergency ends shall be subject to the requirements of this
The limitations set forth in Section 20921 may be exceeded
to a maximum of fifty thousand dollars ($50,000) for projects and
purchases of materials for projects for which no assistance from
federal, state, or other local governmental agencies is requested, if
that approval is secured from the landowners of the district
representing at least two-thirds of the assessment valuation of the
district, or if no assessment has been collected within the prior
year, by the landowners representing at least two-thirds of the
acreage within the district. The approval may be obtained either
through a special election held for that purpose or by written
consent of the approving landowners. The special election may be
conducted by mail ballot.