SECTIONS 21320-21322 - California Statutes

PUBLIC CONTRACT CODE

SECTION 21320-21322

21320. The provisions of this article shall apply to contracts by
the Placer County Water Agency, as provided for in Chapter 1234 of
the Statutes of 1957.

21321. (a) All contracts for any improvement or unit of work, when
the cost according to the estimate of the engineer will exceed thirty
thousand dollars ($30,000), shall be let to the lowest responsible
bidder or bidders as provided in this article. The board shall first
determine whether the contract shall be let as a single unit, or
divided into severable parts. The board shall advertise for bids 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 agency's jurisdiction, inviting sealed proposals
for the construction or performance of the improvement or work. The
call for bids shall state whether the work shall be performed in one
unit or divided into parts. The work may be let under a single
contract or several contracts, as stated in the call.
The board shall require the successful 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 shall
comply with Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code.
(b) The board may reject any bid. In the event all proposals are
rejected or no proposals are received, or the estimated cost of the
work does not exceed five thousand dollars ($5,000), or the work
consists of channel protection, maintenance, or emergency work, the
board may have the work done by force account without advertising for
bids. 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). In the event that no proposals are
received, or if only one responsive proposal is received, the board
may negotiate a contract for construction or performance of the work
or improvement or substantially similar work or improvement. However,
if only one responsive proposal is received, the contract must be
negotiated with the bidder.
(c) The agency 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.
(d) Sections 4300 to 4305, inclusive, of the Government Code do
not apply to the agency's Middle Fork American River Project.
(e) This section applies to all proposals or contracts whether or
not received or entered into prior to the effective date of the
amendment of this provision made at the 1963 Regular Session of the
Legislature.

21321. (a) All contracts for any improvement or unit of work, when
the cost according to the estimate of the engineer will exceed thirty
thousand dollars ($30,000), shall be let to the lowest responsible
bidder or bidders as provided in this article. The board shall first
determine whether the contract shall be let as a single unit, or
divided into severable parts. The board shall advertise for bids 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 agency's jurisdiction, inviting sealed proposals
for the construction or performance of the improvement or work. The
call for bids shall state whether the work shall be performed in one
unit or divided into parts. The work may be let under a single
contract or several contracts, as stated in the call.
The board shall require the successful 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 shall
comply with Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
(b) The board may reject any bid. In the event all proposals are
rejected or no proposals are received, or the estimated cost of the
work does not exceed five thousand dollars ($5,000), or the work
consists of channel protection, maintenance, or emergency work, the
board may have the work done by force account without advertising for
bids. 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). In the event that no proposals are
received, or if only one responsive proposal is received, the board
may negotiate a contract for construction or performance of the work
or improvement or substantially similar work or improvement. However,
if only one responsive proposal is received, the contract must be
negotiated with the bidder.
(c) The agency 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.
(d) Sections 4300 to 4305, inclusive, of the Government Code do
not apply to the agency's Middle Fork American River Project.
(e) This section applies to all proposals or contracts whether or
not received or entered into prior to the effective date of the
amendment of this provision made at the 1963 Regular Session of the
Legislature.

21322. Notwithstanding the provisions of Section 21321, contracts
may be let for work without advertising in cases of significant
emergency as determined by the board. Cases of significant emergency
include, but are not limited to:
(1) States of emergency as specified in Section 8558 of the
Government Code.
(2) When emergency repair or replacement is necessary to permit
the continued operation or service of the agency.
(3) When the emergency work is necessary to avoid danger to life
or property.
Any action taken under this section must be authorized by a
unanimous vote of the board members present. Additionally, the board
must find, based on substantial evidence set forth in the minutes of
its meeting, that the emergency work is necessary for the stated
reasons.