Bill Text: CA AB943 | 2011-2012 | Regular Session | Amended

California Assembly Bill 943 (Prior Session Legislation)

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

Bill Title: Public contracts: California Uniform Construction Cost

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 110, Statutes of 2011. [AB943 Detail]

Download: California-2011-AB943-Amended.html

BILL NUMBER: AB 943	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2011
	AMENDED IN ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  MARCH 22, 2011

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 18, 2011

   An act to amend Sections  22032   22013,
22014, 22032,  and 22034 of the Public Contract Code, relating
to public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 943, as amended, Williams. Public contracts:  California
Uniform Construction Cost Accounting Commission:  local
contracts: alternative procedures. 
   Under existing law, the California Uniform Construction Cost
Accounting Commission is responsible for recommending, for adoption
by the Controller, uniform construction cost accounting procedures
for implementation by public agencies in the construction of public
projects. Existing law requires the commission members to select a
chairperson from among its membership to serve as chair for a term of
one year from the date of selection.  
   This bill would extend the term of the chairperson to 2 years from
the date of selection.  
   Under existing law, the members of the California Uniform
Construction Cost Accounting Commission hold office for terms of 3
years. If there is a vacancy, the Controller is required, within 45
days after the expiration of any term, to appoint a replacement to
fill the vacancy on the commission.  
   This bill would instead require the Controller to appoint a
replacement within 90 days after the expiration of any term. 
   Existing law governing public contracts establishes procedures
that public agencies, as defined, are required to follow when
performing public works projects. If public agencies voluntarily
elect to become subject to uniform construction cost accounting
procedures, projects of $125,000 or less may be let by contract by
informal procedures, and those worth more than  $125,00
  $125,000  require formal bids, as specified. If
all of the informal bids received are in excess of $125,000, the
governing board of the public agency may adopt a resolution, by a 4/5
vote, to award the contract at $137,500 or less to the lowest
responsible bidder.
   This bill would increase the above limits from $125,000 to
$175,000, and from $137,500 to $187,500, respectively.
   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 22013 of the   Public
Contract Code   is amended to read: 
   22013.  The commission members shall select a chairperson from
among its membership. The chairperson shall serve as chair for a term
of  one year   two years  from the date of
selection  or February 1, whichever comes first  .
In no event shall two consecutive chairpersons be appointees
representing either the construction industry or public agencies.
   SEC. 2.    Section 22014 of the   Public
Contract Code   is amended to read: 
   22014.  (a) The members of the commission shall hold office for
terms of three years, and until their successors are appointed,
except as otherwise provided for in this section.
   (b) In the case of members initially appointed by the Controller,
two representing the construction industry and two representing
public agencies shall be appointed to serve until July 1, 1985; two
representing the construction industry and two representing public
agencies shall be appointed to serve until July 1, 1986; and three
representing the construction industry and three representing public
agencies shall be appointed to serve until July 1, 1987.
   (c) Members may be reappointed for subsequent terms of three
years.
   (d) The Controller shall, within  45   90
 days after the expiration of any term, appoint a replacement to
fill the vacancy on the commission.
   SECTION 1.  SEC. 3.   Section 22032 of
the Public Contract Code is amended to read:
   22032.  (a) Public projects of thirty thousand dollars ($30,000)
or less may be performed by the employees of a public agency by force
account, by negotiated contract, or by purchase order.
   (b) Public projects of one hundred seventy-five thousand dollars
($175,000) or less may be let to contract by informal procedures as
set forth in this article.
   (c) Public projects of more than one hundred seventy-five thousand
dollars ($175,000) shall, except as otherwise provided in this
article, be let to contract by formal bidding procedure.
   SEC. 2.   SEC. 4.   Section 22034 of the
Public Contract Code is amended to read:
   22034.  Each public agency that elects to become subject to the
uniform construction accounting procedures set forth in Article 2
(commencing with Section 22010) shall enact an informal bidding
ordinance to govern the selection of contractors to perform public
projects pursuant to subdivision (b) of Section 22032. The ordinance
shall include all of the following:
   (a) The public agency shall maintain a list of qualified
contractors, identified according to categories of work. Minimum
criteria for development and maintenance of the contractors list
shall be determined by the commission.
   (b) All contractors on the list for the category of work being bid
or all construction trade journals specified in Section 22036, or
both all contractors on the list for the category of work being bid
and all construction trade journals specified in Section 22036, shall
be mailed a notice inviting informal bids unless the product or
service is proprietary.
   (c) All mailing of notices to contractors and construction trade
journals pursuant to subdivision (b) shall be completed not less than
10 calendar days before bids are due.
   (d) The notice inviting informal bids shall describe the project
in general terms and how to obtain more detailed information about
the project, and state the time and place for the submission of bids.

   (e) The governing body of the public agency may delegate the
authority to award informal contracts to the public works director,
general manager, purchasing agent, or other appropriate person.
   (f) If all bids received are in excess of one hundred seventy-five
thousand dollars ($175,000), the governing body of the public agency
may, by adoption of a resolution by a four-fifths vote, award the
contract, at one hundred eighty-seven thousand five hundred dollars
($187,500) or less, to the lowest responsible bidder, if it
determines the cost estimate of the public agency was reasonable.