BILL NUMBER: AB 1409 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY MAY 19, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
INTRODUCED BY Assembly Member John A. Perez
(Coauthors: Assembly Members Miller and Solorio)
FEBRUARY 27, 2009
An act to amend Section 20395 of the Public Contract Code,
relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1409, as amended, John A. Perez. Public contracts: county
highways: work authorizations.
Existing law sets forth procedures pursuant to which work being
done by contract on county highways may be done. Existing law
specifies that in any county that has appointed a road commissioner,
or in any county that has abolished the office of road commissioner,
as prescribed, the board of supervisors of the county may authorize
the road commissioner, or a registered civil engineer under the
direction of the county director of transportation, to have any work
upon county highways done under his or her supervision and direction.
In this connection, existing law provides that the work on those
contracts may be done by: (1) letting a contract covering both work
and material, as provided; (2) purchasing the material and letting a
contract for the performance of the work, as provided; or (3)
purchasing the material and having the work done by day labor, in
which case advertising for bids is not required.
This bill would revise that provision authorizing the work on
those county highway contracts to be done by (1) purchasing the
material and having the work done by day labor, as defined,
only after advertising and requesting bids, as provided, and
the board passing a resolution making a specified finding; or (2)
purchasing the material and having the work done by day
labor for any work classified as maintenance work, as prescribed
specified employees, as defined .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20395 of the Public Contract Code is amended to
read:
20395. In any county that has appointed a road commissioner
pursuant to Section 2006 of the Streets and Highways Code, or in any
county that has abolished the office of road commissioner and
complied with Section 2006.1 of the Streets and Highways Code, the
board may authorize the road commissioner, or a registered civil
engineer under the direction of the county director of
transportation, to have any work upon county highways done under his
or her supervision and direction. The work may be done in any of the
following ways:
(a) By letting a contract covering both work and material. In that
event, the contract shall be let to the lowest responsible bidder as
provided in this article.
(b) By purchasing the material and letting a contract for the
performance of the work. In that event, the material shall be bought
at the lowest possible cost and the contract let to the lowest
responsible bidder as provided in this article.
(c) By purchasing the material and having the work done by day
labor, only after advertising and requesting bids as provided in this
article, and the board has passed a resolution making a finding that
either no bids were received or all of the bids received exceeded
the cost of having the work done by day labor. For purposes of
this subdivision, "day labor" means nonpermanent, part-time, or
temporary employees who are not represented by a collective
bargaining unit.
(d) By purchasing the material and having the work done by force
account. For purposes of this subdivision, force account means
full-time or permanent county employees, or part-time or temporary
employees who are represented by a collective bargaining unit.
(d)
(e) (1) By authorizing the county road commissioner or
a registered civil engineer under the direction of the county
director of transportation to execute changes for any contract
pursuant to this section in an amount not to exceed five thousand
dollars ($5,000) for contracts of fifty thousand dollars ($50,000) or
less, or 10 percent for contracts over fifty thousand dollars
($50,000) but not to exceed two hundred fifty thousand dollars
($250,000). In no event shall any change exceed a net total addition
of twenty-five thousand dollars ($25,000).
(2) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract costs in excess of two hundred fifty thousand dollars
($250,000). In no event shall any change or alteration exceed one
hundred fifty thousand dollars ($150,000).
(e)
(f) By purchasing the material and letting a contract
for the work or by letting a contract covering both work and material
without advertising for bids when the estimated cost of emergency
work necessitated by the imminence or occurrence of a landslide,
flood, storm damage, or other emergency exceeds twenty-five thousand
dollars ($25,000) and the public interest and necessity demand
immediate action to safeguard life, health, or property.
(f) By purchasing the material and having the work done by day
labor for any work classified as maintenance work, which includes,
but is not limited to, work required to keep county roads open during
inclement weather.
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