Agency
Construction Industry Force Account Council v. Amador Water Agency
Opinion
Opinion
Nicholson, J.
Plaintiffs brought this action to challenge the statutory authority of defendant Amador Water Agency (Agency) to complete a project valued in excess of $130,000 by using its own personnel rather than by advertising for bids from outside contractors. Because this case turns on statutory interpretation, the parties submitted the matter to the superior court on stipulated facts. The superior court entered judgment in favor of the Agency. After independent review of the pertinent statutes (Col-Air Conditioning, Inc. v. Auburn Union School Dist. (1993) 21 Cal.App.4th 655, 666 [ 26 Cal.Rptr.2d 703 ]), we affirm.
Background
The Legislature created the Agency by an uncodified act in 1959. (Stats. 1959, ch. 2137, § 1, p. 5061.) Under section 3.6 of this enabling act, “The agency shall have the power to make contracts, employ labor and to do all acts necessary for the full exercise of its purposes and powers. The board may cause construction or other work to be performed or carried out by contracts or by the agency under its own superintendence.” (Id.., § 3.6, p. 5063.)
In 1984, the Legislature repealed provisions pertaining to public contracts in the various uncodified water…