|ENROLLED HOUSE | |BILL NO. 1759 By: Enns, McMullen, Walker | | and Sanders of the House | | | | and | | | | Justice of the Senate | | | | | | | | | | | | | | An Act relating to roads, bridges and ferries; | | amending 19 O.S. 2001, Section 1501, as last amended | | by Section 4, Chapter 132, O.S.L. 2007 (19 O.S. Supp. | | 2008, Section 1501), which relates to county | | purchasing agents; modifying certain purchase order | | requirements; raising threshold; amending 69 O.S. | | 2001, Section 633, as last amended by Section 1, | | Chapter 174, O.S.L. 2005 (69 O.S. Supp. 2008, Section | | 633), which relates to county bridge construction; | | increasing certain project thresholds; amending 69 | | O.S. 2001, Section 662, as amended by Section 3, | | Chapter 157, O.S.L. 2006 (69 O.S. Supp. 2008, Section | | 662), which relates to county bridge improvement; | | increasing certain account reimbursement limits; | | designating the SSG Chris Hake Memorial Highway; | | providing for placement of permanent markers; | | designating the Trooper David Nalley Memorial | | Highway; providing for placement of permanent | | markers; providing for codification; providing an | | effective date; and declaring an emergency. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | | SECTION 1. AMENDATORY 19 O.S. 2001, Section 1501, as | |last amended by Section 4, Chapter 132, O.S.L. 2007 (19 O.S. Supp. | |2008, Section 1501), is amended to read as follows: | | | | Section 1501. A. The county purchasing agent: | | | | 1. Shall, within the amount of the unencumbered balance, make | |all purchases that are paid from county funds for the various | | | arsid6299624 ENR. H. B. NO. 1759 Page 1 ___________________________________________________________________________
|institutions, departments, officers, and employees of the county, | |except at public auctions and as otherwise provided for by law; | | | | 2. May make purchases for political subdivisions of this state | |within the county if authorized by appropriate action of the | |governing board or body of the political subdivision affected; | | | | 3. Shall make purchases and rental or lease-purchase agreements | |only after following the bidding procedures as provided for by law, | |except: | | | | a. when the purchase does not exceed Ten Thousand Dollars | | ($10,000.00). All purchases made pursuant to this | | subparagraph shall be by a single purchase order. | | Splitting purchase orders which would result in paying | | an amount in excess of the limitations specified in | | this subparagraph is expressly prohibited. Any person | | convicted of violating the provisions of this | | subparagraph shall be guilty of a misdemeanor and such | | person shall forfeit the person's position or office, | | | | b. when the total payments of a rental or lease-purchase | | agreement do not exceed the current bid limit as | | established in subparagraph a of this paragraph, | | | | c. when articles and items are covered by single source | | contracts, | | | | d. service or maintenance contracts on equipment or | | machinery which are entered into at the time of the | | purchase of the equipment or machinery, | | | | e. purchases made pursuant to a blanket purchase order as | | provided for in Section 310.8 of Title 62 of the | | Oklahoma Statutes, | | | | f. when materials for road or bridge improvements do not | | exceed Three Dollars ($3.00) per yard or per ton, | | | | g. purchases of fuel if the county purchasing agent | | obtains telephone quotes from at least three vendors | | prior to the purchase and the lowest and best quote is | | selected. Documentation of these quotes shall be | | recorded in the permanent records of the clerk, | | | | h. purchases of tools, apparatus, machinery or equipment | | from a state agency or a political subdivision of the | | | arsid6299624 ENR. H. B. NO. 1759 Page 2 ___________________________________________________________________________
| state as provided for in subsection C of Section 421.1 | | of this title, | | | | i. purchases of food for prisoners incarcerated in the | | county jail; provided, in counties having a population | | in excess of one hundred thousand (100,000) persons, | | the county purchasing agent shall follow bidding | | procedures as provided by law unless the county | | purchasing agent obtains telephone quotes pursuant to | | the whole total of food items requisitioned prior to | | the purchase and the lowest and best quote is | | selected. Documentation of these quotes shall be | | recorded in the permanent records of the county clerk, | | | | j. when a county solicits bids for the purchase of | | processed native materials for road and bridge | | improvements, the county may accept all bids received, | | with the lowest and best bid from those accepted to be | | selected at the time of opening of any construction | | project. The selection of the bid shall be based upon | | availability, bid price, plus transportation costs, | | | | k. when a vendor has been selected as the lowest and best | | bidder to furnish a particular item or items to the | | county during a specified time period and in the event | | the vendor is unable to perform, the purchasing agent | | may solicit telephone quotes for the item or items | | needed from the list of qualified bidders and provide | | for the purchase of the items at the lowest and best | | quote available, | | | | l. when considering the purchase of an item or items from | | the state bid list as provided by the Department of | | Central Services or the General Services | | Administration, if the same exact item is available | | from a local vendor at or below the price listed on | | the state bid list or the General Services | | Administration list, the item may be obtained from the | | vendor, | | | | m. any item or items bid by the Department of Central | | Services which may be purchased by the county, | | provided the vendor is willing to supply the item or | | items to the county at the bid price, | | | | n. when a county obtains proceeds from the sale of its | | property at a public auction, that county may use | | those proceeds to acquire items previously identified | arsid6299624 ENR. H. B. NO. 1759 Page 3 ___________________________________________________________________________
| as needed by the county at the same public auction | | pursuant to subsection D of Section 1505 of this | | title, | | | | o. when an item or items have been competitively bid by a | | county, or on behalf of a group of contiguous | | counties, provided: | | | | (1) the notice to bidders shall list each county | | which may participate in the purchase of the item | | or items being bid, | | | | (2) the notice of bid is advertised, as provided by | | law, in each of the counties which may | | participate in the purchase of the item or items, | | | | (3) all vendors on the list of qualified bidders of | | each participating county who offer the item or | | items for sale received notice of the bid | | request, and | | | | (4) the vendor awarded the bid is willing and able to | | provide the item or items at the bid price, | | | | p. counties may participate in a nationwide purchasing | | program sponsored by the national association | | representing counties, or | | | | q. when the Governor declares an emergency in a county, | | the district attorney of that county shall have the | | authority to temporarily waive competitive bidding | | procedures for purchases that may expedite a response | | to the emergency situation. This temporary waiver | | shall be in addition to any powers exercised pursuant | | to Section 683.11 of Title 63 of the Oklahoma | | Statutes. | | | | The purchases shall be paid by attaching properly itemized | |invoices, as described in Section 1505 of this title, to a purchase | |order which has been prepared by the county purchasing agent and | |submitting both to the county clerk for filing, encumbering, and | |consideration for payment by the board of county commissioners; | | | | 4. Shall not furnish any supplies, materials, equipment, or | |other articles, except upon receipt of a requisition signed by a | |county officer. Written requisitions will not be required for | |blanket purchase orders as provided for in Section 310.8 of Title 62 | |of the Oklahoma Statutes. Each county officer may designate not | arsid6299624 ENR. H. B. NO. 1759 Page 4 ___________________________________________________________________________
|more than two employees who also shall be authorized to sign | |requisitions in the absence of the county officer. A written | |designation of the employees shall be filed with the county clerk | |and shall be entered in the minutes of the board of county | |commissioners; | | | | 5. Shall make lease or lease-purchase agreements for road | |machinery and equipment if the county has adequate funds | |appropriated during any fiscal year for such purpose and only after | |following the bidding procedures as provided for in Section 1505 of | |this title. The term of any lease or lease-purchase agreement | |authorized pursuant to this paragraph may be for any period up to | |one (1) year, provided, the term shall not extend beyond the end of | |any fiscal year, with an option to renew such agreement subject to | |the requirement that adequate funds are appropriated during the | |fiscal year by the county for such purpose. The State Auditor and | |Inspector's office shall be notified by the county of the terms and | |conditions of a lease or lease-purchase agreement authorized | |pursuant to this paragraph before any such agreement is made by the | |county purchasing agent; and | | | | 6. Shall perform such other duties as may be delegated by the | |appointing authority or as may be provided for by law. | | | | B. Each department of county government needing repairs to | |equipment, machinery or vehicles shall make estimates and | |requisition a purchase order from the county purchasing agent for | |repairs not in excess ofTwo Thousand Five Hundred Dollars| |($2,500.00)Five Thousand Dollars ($5,000.00). Repairs in excess of | |Two Thousand Five Hundred Dollars ($2,500.00),Five Thousand Dollars | |($5,000.00) shall be submitted on a blanket purchase order as | |provided in Section 310.8 of Title 62 of the Oklahoma Statutes. | | | | SECTION 2. AMENDATORY 69 O.S. 2001, Section 633, as last | |amended by Section 1, Chapter 174, O.S.L. 2005 (69 O.S. Supp. 2008, | |Section 633), is amended to read as follows: | | | | Section 633. A. When any culvert or bridge is to be | |constructed at an estimated cost ofSeventy-five Thousand Dollars| |($75,000.00)One Hundred Fifty Thousand Dollars ($150,000.00) or | |more, or any culvert or bridge reconstruction is to be accomplished | |at an estimated cost ofSeventy-five Thousand Dollars ($75,000.00)| |One Hundred Fifty Thousand Dollars ($150,000.00) or more, or | |grade-and-drainage project is to be developed, or reconstruction, | |replacement or major repairs are to be accomplished by the board of | |county commissioners acting alone or in cooperation with the state | |or federal government, at an estimated cost ofOne Hundred Fifty| |Thousand Dollars ($150,000.00)Three Hundred Thousand Dollars | arsid6299624 ENR. H. B. NO. 1759 Page 5 ___________________________________________________________________________
|($300,000.00) or more, in either event, engineering plans and | |specifications shall be prepared by the county engineer to insure | |sound engineering practices. The project shall be advertised for | |bids pursuant to Section 1101 of this title, and the contract shall | |be let only after notice at a public letting. If the construction | |work can be completed for a cost below or equal to the estimate of | |the engineer or below any bid submitted at a public letting and so | |entered in its journal, nothing in this title shall prevent the | |board from causing the same to be built by day labor, force account, | |and purchase by the county of materials as provided by law. | | | | B. If the board of county commissioners deems it necessary, it | |may consult and seek the advice of the Department of Transportation | |regarding the design, construction and maintenance of the project, | |and the Department of Transportation may furnish advice for any of | |the projects to insure sound engineering practices. If provided, | |the services shall be furnished without cost or expense to the | |county. | | | | C. The board may authorize the county clerk to draw warrants | |for the amount of payrolls for labor furnished under the day labor | |system, when the payrolls are certified to as correct by the | |engineer or person in charge of the work, and the payroll shall be | |passed upon by the board following certification. | | | | SECTION 3. AMENDATORY 69 O.S. 2001, Section 662, as | |amended by Section 3, Chapter 157, O.S.L. 2006 (69 O.S. Supp. 2008, | |Section 662), is amended to read as follows: | | | | Section 662. A. The program and funds shall be administered by | |theOklahomaDepartment of Transportation under a minimum of | |policies, guidelines and engineering design standards. Approved | |projects will be awarded to contractors by theStateTransportation | |Commission or by other federal or state agencies under their normal | |competitive bidding procedures, excluding prequalification of | |bidders. Force account road projects may be approved for a county | |by the Transportation Commission. No force account county bridge | |project shall be reimbursed in excess ofTwo Hundred Thousand| |Dollars ($200,000.00)Four Hundred Thousand Dollars ($400,000.00). | |No county road project in excess ofTwo Hundred Thousand Dollars| |($200,000.00)Four Hundred Thousand Dollars ($400,000.00), excluding | |the cost for engineering, right-of-way acquisition, and utility | |relocation, in cost shall be done by the force account method. | | | | B. Funds available for the County Bridge and Road Improvement | |Act shall not be subject to fiscal year limitations and shall be | |available for encumbrance and expenditure purposes for a period of | | | arsid6299624 ENR. H. B. NO. 1759 Page 6 ___________________________________________________________________________
|thirty (30) months from the effective date such funds are | |appropriated. | | | | C. In order to receive reimbursement for constructing a force | |account bridge, a county shall have sufficient funds in the County | |Bridge and Road Improvement Fund to pay the reimbursement request | |cost. Upon completion of a force account bridge, the board of | |county commissioners shall request an inspection of the bridge in | |accordance with the criteria set forth by the National Bridge | |Inventory Program. | | | | D. When the force account bridge has been inspected and | |achieves a load rating of H. twenty (20) tons or greater, the board | |of county commissioners may submit a request for reimbursement to | |the Department of Transportation. The county shall receive | |reimbursement for all costs claimed relating to the construction of | |the bridge provided the inspection report indicates that the county | |has met or exceeded the criteria set forth in this section. The | |resolution for reimbursement submitted by the board of county | |commissioners shall serve to satisfy the requirements of Section | |41.16 of Title 62 of the Oklahoma Statutes. County force account | |bridges eligible for reimbursement from the County Bridge and Road | |Improvement Fund shall meet or exceed the following criteria: | | | | 1. The bridge has been built according to the current edition | |of the County Bridge Standards manual or from field notes drawn by a | |registered professional engineer that provide the basic structural | |requirements to achieve a load rating of H. twenty (20) tons or | |greater. Field notes may be handwritten specifications or sketches | |which have been stamped or signed; | | | | 2. The finished bridge shall achieve a twenty-ton or greater | |rating. The rating criteria shall be determined by the National | |Bridge Inventory and approved by the Department of Transportation | |for bridges twenty (20) feet or more in length; | | | | 3. The subsurface foundation of the bridge shall meet the | |minimum guidelines established by using approved engineering | |methods, details of which shall be kept as shop notes; | | | | 4. The finished bridge shall have a minimum roadway width of | |twenty-four (24) feet; and | | | | 5. Materials used in the construction of the bridge shall meet | |or exceed the specifications for materials as specified in the | |current edition of the County Bridge Standards or certified in | |writing by the engineer or supplier. | | | arsid6299624 ENR. H. B. NO. 1759 Page 7 ___________________________________________________________________________
| E. Monies from the County Bridge and Road Improvement Fund may | |be used to establish minimum standards for guardrail applications on | |low-traffic-volume county roads. The board of directors of the | |association representing the county commissioners of Oklahoma may | |request the development of guardrail standards for bridges on | |low-traffic-volume county roads, as defined in the county road | |standard manual, the cost of which shall be paid from monies from | |the County Bridge and Road Improvement Fund. | | | | F. Prior to construction of the bridge, a county may request | |that construction supervision be provided by the Circuit Engineering | |District of which the county is a member to ensure quality control | |and quality assurance. | | | | SECTION 4. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 1698.45 of Title 69, unless | |there is created a duplication in numbering, reads as follows: | | | | The portion of U.S. Highway 81 from the Enid, Oklahoma, city | |limits extending north to the junction with U.S. Highway 64 shall be | |designated as the "SSG Chris Hake Memorial Highway". The Department | |of Transportation shall cause suitable permanent markers to be | |placed on the highway bearing that name. | | | | SECTION 5. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 1698.46 of Title 69, unless | |there is created a duplication in numbering, reads as follows: | | | | The portion of State Highway 6 from the junction of State | |Highway 6 and U.S. Highway 283 extending west to the junction of | |State Highway 6 and State Highway 152 shall be designated as the | |"Trooper David Nalley Memorial Highway". The Department of | |Transportation shall cause suitable permanent markers to be placed | |on the highway bearing that name. | | | | SECTION 6. This act shall become effective July 1, 2009. | | | | SECTION 7. It being immediately necessary for the preservation | |of the public peace, health and safety, an emergency is hereby | |declared to exist, by reason whereof this act shall take effect and | |be in full force from and after its passage and approval. | | | | | | Passed the House of Representatives the 13th day of May, 2009. | | | | | | | | | arsid6299624 ENR. H. B. NO. 1759 Page 8 ___________________________________________________________________________
| Presiding Officer of the House of | | Representatives | | | | | | Passed the Senate the 14th day of May, 2009. | | | | | | | | | | Presiding Officer of the Senate | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | arsid6299624 ENR. H. B. NO. 1759 Page 9©2008-09 eCapitol, LLC. All rights reserved.
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