BILL NUMBER: AB 815	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 26, 2009

   An act to amend Section 1104 of the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, as introduced, Ma. Public contracts: plans and
specifications.
   Existing law contains various provisions relating to the bidding
process for public works projects. Existing law prohibits a local
public entity, charter city, or charter county from requiring a
bidder to assume responsibility for the completeness and accuracy of
architectural or engineering plans and specifications on public works
projects, except on clearly designated design-build projects.
   This bill would require a local public entity, charter city, or
charter county, before entering into any contract for a project, to
provide full, complete, and accurate plans and specifications and
estimates of cost, giving such direction as will enable any competent
mechanic or other builder to carry them out. The bill would exempt
from these provisions any clearly identified design-build projects or
design-build portions thereof. The bill would specify that a local
public entity, charter city, or charter county would not be required
to provide bidders with plans and specifications for projects that
are completed entirely through an annual contract for repair,
remodeling, or other repetitive work according to unit prices.
   This bill would further provide that these provisions shall not be
construed to require a contractor to prove an affirmative or
intentional misrepresentation or active concealment on the part of
the public entity, charter city, or charter county that provides the
plans and specifications, nor construed to prohibit the public
entity, charter city, or charter county from raising any affirmative
defenses available to it under law. The bill would also specify that
these provisions would not expand, restrict, or otherwise change the
liability or potential liability of a design professional, as
defined.
   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 1104 of the Public Contract Code is amended to
read:
   1104.   (a)    No local public entity, charter
city, or charter county shall require a bidder to assume
responsibility for the completeness and accuracy of architectural or
engineering plans and specifications on public works projects, except
on clearly designated design build projects. Nothing in this section
shall be construed to prohibit a local public entity, charter city,
or charter county from requiring a bidder to review architectural or
engineering plans and specifications prior to submission of a bid,
and report any errors and omissions noted by the contractor to the
architect or owner. The review by the contractor shall be confined to
the contractor's capacity as a contractor, and not as a licensed
design professional. 
   (b) Except for clearly identified design-build projects or
design-build portions thereof, before entering into any contract for
a project, a local public entity, charter city, or charter county
shall provide full, complete, and accurate plans and specifications
and estimates of cost, giving such direction as will enable any
competent mechanic or other builder to carry them out.  
   (c) This section shall not be construed to require a local public
entity, charter city, or charter county, for projects that are
completed entirely through an annual contract for repair, remodeling,
or other repetitive work according to unit prices, to provide
bidders with plans and specifications. If a local public entity,
charter city, or charter county utilizing this type of contract
provides bidders with plans and specifications, the plans and
specifications shall comply with subdivision (b) of this section.
 
   (d) (1) Nothing in this section shall be construed to require a
contractor to prove an affirmative or intentional misrepresentation
or active concealment on the part of the local public entity, charter
city, or charter county that provides the plans and specifications.
 
   (2) Nothing in this section shall be construed to prohibit a local
public entity, charter city, or charter county from raising any
affirmative defenses available to it under law. 
   (3) Nothing contained in this section shall expand, restrict, or
otherwise change the liability or potential liability of a design
professional, as defined in paragraph (2) of subdivision (b) of
Section 2782.8 of the Civil Code.