SECTIONS 21160-21162 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21160-21162

21160. The provisions of this article shall apply to contracts by
the Santa Clara Valley Water District, as provided for in Chapter
1405 of the Statutes of 1951.

21161. (a) Any improvement or unit of work not performed by
district personnel and estimated by the engineer to cost in excess of
twenty-five thousand dollars ($25,000) shall be done by contract.
All contracts shall be let to the lowest responsible bidder or
bidders in the manner provided in this article. The board shall first
determine whether the contract shall be let as a single unit for the
whole of the work, or shall be divided into severable parts, or
both, according to the best interests of the district. The board
shall call for bids and advertise the call by three insertions in a
daily newspaper of general circulation or by two insertions in a
weekly newspaper of general circulation printed and published in the
district inviting sealed proposals for the construction or
performance of the improvement or work before any contract is made.
The call for bids shall state whether the work is to be performed as
a unit for the whole thereof or shall be divided into severable
specific parts, or both, as stated in the call. The board may let the
work by single contract or it may divide the work into severable
parts by separate contracts, as stated in the call, according to the
best interests of the district. The board shall require the
successful bidder or bidders to file with the board good and
sufficient bonds to be approved by the board conditioned upon the
faithful performance of the contract and upon the payment of their
claims for labor and material, the bonds to contain the terms and
conditions set forth in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code and to be subject to the
provisions of that title. The board shall also have the right to
reject any bid. In the event all proposals are rejected or no
proposals are received pursuant to advertisement, or the estimated
cost of the work does not exceed five thousand dollars ($5,000), or
the work consists of channel protection, maintenance work, or
emergency work, the board may, without advertising for bids, have the
work done by force account. 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). The district may
purchase in the open market, without advertising for bids, materials
and supplies for use in any work either under contract or by force
account.
(b) The provisions of this section requiring competitive bidding
and the award of contracts to the lowest responsible bidder are
inapplicable to the extent the improvement or unit of work is to be
performed on its own facilities by a public utility subject to the
jurisdiction of the California Public Utilities Commission.

21161. (a) Any improvement or unit of work not performed by
district personnel and estimated by the engineer to cost in excess of
twenty-five thousand dollars ($25,000) shall be done by contract.
All contracts shall be let to the lowest responsible bidder or
bidders in the manner provided in this article. The board shall first
determine whether the contract shall be let as a single unit for the
whole of the work, or shall be divided into severable parts, or
both, according to the best interests of the district. The board
shall call for bids and advertise the call by three insertions in a
daily newspaper of general circulation or by two insertions in a
weekly newspaper of general circulation printed and published in the
district inviting sealed proposals for the construction or
performance of the improvement or work before any contract is made.
The call for bids shall state whether the work is to be performed as
a unit for the whole thereof or shall be divided into severable
specific parts, or both, as stated in the call. The board may let the
work by single contract or it may divide the work into severable
parts by separate contracts, as stated in the call, according to the
best interests of the district. The board shall require the
successful bidder or bidders to file with the board good and
sufficient bonds to be approved by the board conditioned upon the
faithful performance of the contract and upon the payment of their
claims for labor and material, the bonds to contain the terms and
conditions set forth in Title 3 (commencing with Section 9000) of
Part 6 of Division 4 of the Civil Code and to be subject to the
provisions of that title. The board shall also have the right to
reject any bid. In the event all proposals are rejected or no
proposals are received pursuant to advertisement, or the estimated
cost of the work does not exceed five thousand dollars ($5,000), or
the work consists of channel protection, maintenance work, or
emergency work, the board may, without advertising for bids, have the
work done by force account. 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). The district may
purchase in the open market, without advertising for bids, materials
and supplies for use in any work either under contract or by force
account.
(b) The provisions of this section requiring competitive bidding
and the award of contracts to the lowest responsible bidder are
inapplicable to the extent the improvement or unit of work is to be
performed on its own facilities by a public utility subject to the
jurisdiction of the California Public Utilities Commission.

21162. Notwithstanding any other provision of law, upon the
approval of the board of directors, and without the approval of the
board of supervisors, the district may use, for building construction
contracts, the procedures described in Section 20133, as that
section reads on January 1, 2002 or as it may be amended after that
date.