Bill Text: CA AB2184 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: local agency: alternative bidding

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-09 - Chaptered by Secretary of State - Chapter 62, Statutes of 2010. [AB2184 Detail]

Download: California-2009-AB2184-Amended.html

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BILL NUMBER: AB 2184	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2010
	AMENDED IN ASSEMBLY  MARCH 22, 2010

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 18, 2010

    An act to amend Section 13 of the Fresno Metropolitan
Flood Control Act (Chapter 503 of the Statutes of 1955), relating to
the Fresno Metropolitan Flood Control District.   An act
to amend Section 22037 of the Public Contract Code, relating to
public contracts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2184, as amended, Arambula.  Fresno Metropolitan Flood
Control District contracts.   Public contracts: local
agency: alternative bidding procedures: notice.  
   The Uniform Public Construction Cost Accounting Act provides for
alternative bidding procedures for public projects let by contract by
a public agency when the public agency has voluntarily elected to
become subject to the accounting procedures set forth in that law.
That law sets forth publishing requirements for notices inviting
formal bids to let contracts, including a requirement to mail the
notice to all construction trade journals at least 30 calendar days
before the date of opening the bids.  
   This bill would also require the notice to be sent electronically,
if available, by either facsimile or electronic mail to all
construction trade journals, and would instead require notice to be
sent at least 15 calendar days before the date of opening the bids.
 
   The Fresno Metropolitan Flood Control Act (flood control act)
establishes the Fresno Metropolitan Flood Control District (district)
and grants to the district authority relating to flood control. The
act requires that a contract entered into by the district for
materials, supplies, or for the construction or repair of works or
improvements that has a contract price that exceeds $10,000 be let to
the lowest responsible bidder in accordance with specified public
bidding requirements. The act authorizes the district to enter a
contract without public bidding if the contract price does not exceed
$10,000.  
   This bill would increase the contract price amounts set forth in
the flood control act to $30,000. 
   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 22037 of the   Public
Contract Code   is amended to read: 
   22037.  Notice inviting formal bids shall state the time and place
for the receiving and opening of sealed bids and distinctly describe
the project. The notice shall be published at least 14 calendar days
before the date of opening the bids in a newspaper of general
circulation, printed and published in the jurisdiction of the public
agency; or, if there is no newspaper printed and published within the
jurisdiction of the public agency, in a newspaper of general
circulation which is circulated within the jurisdiction of the public
agency, or, if there is no newspaper which is circulated within the
jurisdiction of the public agency, publication shall be by posting
the notice in at least three places within the jurisdiction of the
public agency as have been designated by ordinance or regulation of
the public agency as places for the posting of its notices. The
notice inviting formal bids shall also be  sent electronically,
if available, by either facsimile or electronic mail and  mailed
to all construction trade journals specified in Section 22036. The
notice shall be  mailed   sent  at least
 30   15  calendar days before the date of
opening the bids. In addition to notice required by this section, the
public agency may give such other notice as it deems proper.

  SECTION 1.    Section 13 of the Fresno
Metropolitan Flood Control Act (Chapter 503 of the Statutes of 1955),
as amended by Section 18 of Chapter 142 of the Statutes of 1998, is
amended to read:
  SEC. 13.  (a) A contract for materials, supplies, or for the
construction or repair of works or improvements that has a contract
price exceeding thirty thousand dollars ($30,000) shall be let to the
lowest responsible bidder after notice inviting bids is published in
the district pursuant to Section 6061 of the Government Code. The
publication shall not be less than 10 days prior to the date set for
the opening of bids.
   (b) The contract may be let by the board without public bidding if
one or more of the following applies:
   (1) The contract is entered into with any other public agency or
governmental entity.
   (2) The contract price does not exceed thirty thousand dollars
($30,000).
   (3) An emergency threatening the public health, safety, and
welfare has been declared by the board.
   (c) A contract for the maintenance or operation of district works
or improvements may be negotiated when determined by the board to be
in the public interest.