Article 43. Community Services Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 43.
The provisions of this article shall apply to contracts by
community services districts as provided for in the Community
Services District Law pursuant to Division 3 (commencing with Section
61000) of the Government Code.
(a) A district may purchase materials and supplies for the
construction or completion of any building, structure, or
improvements in the open market when the cost does not exceed
twenty-five thousand dollars ($25,000).
(b) Contracts for materials and supplies for the construction or
completion of any building, structure, or improvement, when the cost
exceeds twenty-five thousand dollars ($25,000), shall be contracted
for and let to the lowest responsible bidder after notice. If two or
more bids are the same and the lowest, the district board may accept
the one it chooses.
(c) The district shall publish a notice inviting bids for any
contract for which competitive bidding is required at least one time
in a newspaper of general circulation in the district at least one
week before the time specified for receiving bids. The notice
inviting bids shall set a date for opening the bids and distinctly
state the materials and supplies to be purchased.
(d) If the general manager recommends and the board of directors
determines that the publication of advertisements of the notice in
trade journals and papers in lieu of publication pursuant to
subdivision (c) will increase the number of business enterprises
receiving that notice, the board of directors may by resolution
declare that those notices shall be published in trade journals and
papers at least 10 days prior to the time specified for receiving
bids.
(e) At its discretion, the board of directors may reject any bids
presented and readvertise.
(f) In the case of an emergency, the board of directors may act
pursuant to Chapter 2.5 (commencing with Section 22050).
(g) As an alternate to the procedures required by this section, a
district may rely on the Uniform Public Construction Cost Accounting
Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division
2.
(a) A district may construct or complete any building,
structure, or improvement with its own forces or by contract without
bidding when the cost does not exceed twenty-five thousand dollars
($25,000).
(b) All contracts for the construction or completion of any
building, structure, or improvement, when the cost exceeds
twenty-five thousand dollars ($25,000), shall be contracted for and
let to the lowest responsible bidder after notice. If two or more
bids are the same and the lowest, the district board may accept the
one it chooses.
(c) The district shall publish a notice inviting bids for any
contract for which competitive bidding is required at least one time
in a newspaper of general circulation in the district at least 10
days before the time specified for receiving bids. The notice
inviting bids shall set a date for opening the bids and distinctly
state the work to be done.
(d) If the general manager recommends and the board of directors
determines that the publication of advertisements of the notice in
trade journals and papers in lieu of publication pursuant to
subdivision (c) will increase the number of business enterprises
receiving that notice, the board of directors may by resolution
declare that those notices shall be published in trade journals and
papers at least 10 days prior to the time specified for receiving
bids.
(e) If plans and specifications are prepared describing the work,
all bidders shall be afforded an opportunity to examine the plans and
specifications, and the plans and specifications shall be attached
to and become part of the contract, if one is awarded.
(f) At its discretion, the board of directors may reject any bids
presented and readvertise.
(g) In the case of an emergency, the board of directors may act
pursuant to Chapter 2.5 (commencing with Section 22050).
(h) The board of directors may, subject to Chapter 5 (commencing
with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil
Code, require the posting of those bonds it deems desirable as a
condition to the filing of a bid or the letting of a contract.
(i) The district shall keep cost records of the work in the manner
provided in Chapter 1 (commencing with Section 4000) of Division 5
of Title 1 of the Government Code.
(j) As an alternate to the procedures required by this section, a
district may rely on the Uniform Public Construction Cost Accounting
Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division
2.
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.