Article 35. Irrigation Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 35.

The provisions of this article shall apply to contracts by irrigation districts, as provided for in the Irrigation District Law, Division 11 (commencing with Section 20500) of the Water Code.

As used in this article "works" is limited to any works to be paid for with the proceeds of the sale of bonds or a limited assessment.

Contracts for the construction of any works shall be made pursuant to the provisions of this article except when the board, with the approval of the commission, elects to proceed to construct the works or any part thereof under its own superintendence.

The board shall give notice by publication once a week for three successive weeks in a newspaper published in the county in which the principal office of a district is kept, or if no newspaper is published in that county, in a newspaper the board deems advisable, calling for bids for the construction of the works or of any portion of them.

The notice calling for bids shall contain:
  (a) A statement that the plans and specifications of the works to be constructed may be seen at the district office.
  (b) A particular description of the portion of the works advertised if less than the whole works are advertised.
  (c) A statement that the board will receive sealed bids for the construction of the works advertised or any portion of them designated by the board.
  (d) A statement that the contract or contracts for the works advertised will be awarded to the lowest responsible bidder or bidders, but that any or all bids may be rejected.
  (e) A statement of the time and place for opening the bids.

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:
  (a) Cash.
  (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.

At the time and place appointed the bids shall be opened in public.

After opening the bids and as convenient the board shall award the contract or contracts for the works either in portions or as a whole to the lowest responsible bidder or bidders, but the board may reject any or all bids and readvertise for proposals or may proceed to construct the works or any part thereof under its own superintendence.

In case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050).

Contracts for the purchase of material to be furnished or used by the district in the works shall be awarded to the lowest responsible bidder or bidders after such notice as the board deems proper.

Any person to whom a contract may be awarded pursuant to this article shall provide a bond approved by the board, payable to the district for at least 25 percent of the estimated contract price, conditioned upon the faithful performance of the contract.

The works shall be constructed under the direction and to the satisfaction of the engineer of the district and be subject to the approval of the board.