BILL NUMBER: AB 1409	AMENDED
	BILL TEXT

	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: 
contracts:  county  highways.  
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,
 to additionally allow work to be done by force account, and
to only authorize the work be done by day labor or force account
under specified conditions   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  .
   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  or force account  , 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  or force account  .
   (d) (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) 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.