Part 8. Competitive Bidding of California Water Code >> Division 18. >> Part 8.

This part applies to contracts by water replenishment districts established pursuant to this division.

(a) Before making any contract totaling twenty-five thousand dollars ($25,000) or more within any 12-month period, the district shall advertise for bids.
  (b) Notwithstanding subdivision (a), if a proposed expenditure described in the annual district budget for any item of supplies or services equals or exceeds twenty-five thousand dollars ($25,000), the district shall advertise for bids before making any contract for that item during the year to which that budget applies.
  (c) This section does not apply to any of the following contracts:
  (1) The recruitment, hiring, and dismissal of district employees and officers.
  (2) Contracts with other public entities pursuant to subdivision (i) of Section 60230.
  (3) Contracts for which only per diem and travel expenses are paid and there is no payment for services rendered.
  (4) Contracts solely for the purpose of retaining expert witnesses for litigation.
  (5) Contracts for proprietary information or systems.
  (6) Contracts for professional services, including, but not limited to, architectural, engineering, environmental, land surveying, or construction project management services, that are let on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
  (7) Contracts for legal services that are let on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services.
  (d) The district may adopt other procurement, advertising, and bidding rules that are more restrictive than those contained in the Public Contract Code and those more restrictive rules shall govern the procurement, advertising, and bidding practices of the district.

When work is to be done, the district shall give notice calling for bids by publication in a newspaper of general circulation in the county once a week for four consecutive weeks.

If less than the whole work provided for in the plans and specifications is to be done, the portion to be done must be particularly described in the notice.

The notice shall set forth all of the following information:
  (a) Plans and specifications of the work to be done can be seen at the office of the district.
  (b) The board will receive sealed bids.
  (c) The contract will be let to the lowest responsible bidder.
  (d) The bids will be opened in public at a given time and place.

(a) 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:
  (1) Cash.
  (2) A cashier's check made payable to the district.
  (3) A certified check made payable to the district.
  (4) A bidder's bond executed by an admitted surety insurer, made payable to the district.
  (b) 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.

The board may do any of the following:
  (a) Let the work to the lowest responsible bidder.
  (b) Reject any or all bids and readvertise for proposals.
  (c) Proceed to construct the work under its own superintendence.

In case of an emergency relating to the repair or replacement of district facilities, if notice for bids to let contracts will not be given, the district shall comply with Chapter 2.5 (commencing with Section 22050) of the Public Contract Code.

Contracts for the purchase of materials only shall be awarded to the lowest responsible bidder, except that the board may reject any or all bids for the furnishing of materials only and thereafter either readvertise for bids or solicit offers from not less than three responsible persons to furnish materials.

Upon receipt of an offer for a less price than that specified in the lowest rejected bid, the board may enter into a contract for the furnishing of the materials with the person who has offered them at the lowest price.

Any person to whom a contract is awarded shall enter into a bond, to be approved by the district, payable to the district for its use, for 25 percent of the amount of the contract price, conditioned for the full and faithful performance of the contract. The work shall be done under the direction and to the satisfaction of, and be approved by, the district.

(a) All contracts and other documents executed by the district that require or authorize the district to expend ten thousand dollars ($10,000) or more shall be authorized by the board of directors and signed by the president and the secretary except that the board may, by resolution for a specific expenditure, authorize the district manager or other district representative to sign contracts and other documents in the name of the district, not to exceed twenty-five thousand dollars ($25,000).
  (b) All contracts and other documents executed by the district that require or authorize the district to expend less than ten thousand dollars ($10,000) may be approved and signed by the district manager or other district representative authorized by the board of directors, provided, however, that the manager may not execute multiple contracts or documents on behalf of the district with the same person or entity within a one-year period that cumulatively total ten thousand dollars ($10,000) or more, without the board's prior approval.