SECTIONS 21040-21045 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21040-21045

21040. This article shall apply to contracts by the Orange County
Water District, as provided for in Chapter 924 of the Statutes of
1933.

21041. The district shall not be bound by any contract except as
hereinafter provided unless the same shall be made in writing
approved by resolution of the board of directors and properly
executed by its officers who have been so authorized to do by the
district. The approval of the form of all contracts shall be endorsed
thereon by an attorney for the district.

21042. The district may prescribe methods for the construction of
works and for the letting of contracts for any of the following
purposes:
(a) The construction of works, structures, or equipment.
(b) The performance or furnishing of labor, materials, or
supplies, necessary or convenient for carrying out any of the
purposes of this act.
(c) The acquisition or disposal of any real or personal property.
When work is not to be done by the district itself by force
account, and the amount involved is forty thousand dollars ($40,000),
or more, any contract for the doing of the works shall be made by
the district with the lowest and best bidder after the publication
pursuant to Section 6061 of the Government Code in a newspaper of
general circulation published within the district, of a notice
calling for bids and fixing a period during which bids will be
received, which shall be not less than 10 days after the publication
of the notice. The district may reject any and all of the bids
presented and may readvertise in its discretion. After rejecting
bids, or if no bids are received, the district may determine and
declare that in its opinion, based on estimates submitted by the
engineer for the district, any work may be performed better or more
economically by the district with its own employees, or after hiring
additional employees. After the adoption of a resolution to this
effect by at least seven affirmative votes of the directors of the
district, the district may proceed to have that work done in the
manner stated and without further observance of the provisions of
this section.

21043. (a) Contracts may be let or work undertaken without
advertising for bids in an emergency.
(b) In case of an emergency, if notice for bids to let contracts
will not be given, the board of directors shall comply with Chapter
2.5 (commencing with Section 22050).

21044. Contracts, in writing or otherwise, for the acquisition or
disposal of any real property, for the acquisition or leasing of
personal property, the purchase of water to replenish the groundwater
supplies of the district, the repair of district equipment or
structures, and for legal, engineering, and other professional
services may be let without calling for competitive bids.

21045. (a) The district shall require a person to whom the district
awards a contract as a result of advertising for bids to enter into
a bond, with good and sufficient sureties, to be approved by the
board, payable to the district for its use, for at least 25 percent
of the amount of the estimated contract price, conditioned for the
faithful performance of the contract.
(b) The general manager of the district may require a person to
whom the district awards a contract without advertising for bids to
enter into a bond in accordance with subdivision (a).
(c) The work shall be done under the direction and to the
satisfaction of the district engineer, and be subject to approval by
the board.