BILL NUMBER: AB 2647	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 19, 2010

   An act to amend Section 21531 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2647, as introduced, Smyth. Public contracts: Castaic Lake
Water Agency.
   Existing law prescribes the procedures for contracting by local
public agencies, including water agencies. Existing law authorizes
the Castaic Lake Water Agency to prescribe methods for the
construction of works and for the letting of contracts for the
construction of works, structures, or equipment, or the performance
or furnishing of labor, materials, or supplies, for carrying out
specified provisions, subject to certain limits.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 21531 of the Public Contract Code is amended to
read:
   21531.  (a)  (1)    The Castaic Lake Water
Agency shall have power to prescribe methods for the construction of
works and for the letting of contracts for the construction of works,
structures, or equipment, or the performance or furnishing of labor,
materials, or supplies, necessary or convenient for carrying out any
of the purposes of this act or for the acquisition or disposal of
any real or personal property  ; provided, that all 
 . 
    (2)     Notwithstanding paragraph (1), all
 contracts for any improvement or unit of work, when the cost
according to the estimate of the engineer will exceed five thousand
dollars ($5,000), 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 published in
the agency or by two insertions in a nondaily newspaper of general
circulation published in the agency or, if no newspaper is published
in the agency, in any newspaper of general circulation distributed in
the agency, 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. The board
may reject any bid.
   (b) 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 work, 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   ,   the  board
shall comply with Chapter 2.5 (commencing with Section 22050).
   (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; provided, however, that materials and
supplies for use in any new construction work or improvement, except
work referred to in subdivision (b), may not be purchased if the cost
exceeds five thousand dollars ($5,000), without advertising for bids
and awarding the contract to the lowest responsible bidder.