BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

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 amended, Ma. Public contracts: bidding 
procedures: legislative intent.   procedures. 
   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. 
Existing law provides that this prohibition shall not be construed to
prohibit a local public entity, charter city, or charter county from
requiring a bidder to review all architectural or engineering plans
and specifications prior to submission of a bid, as specified. 
   This bill would  declare the intent of the Legislature to
consider enacting subsequent legislation to address the issues raised
in a specified case being reviewed by the California Supreme Court,
as needed, once those issues are ripe for consideration after the
Supreme Court has rendered a decision interpreting the parties'
rights and obligations under existing law with regard to public
contracts disputes   provide that the prohibition shall
not be construed to prohibit a local public entity, charter city, or
charter county from requiring a bidder to review all relevant bid
documents provided by the local public entity, charter city, or
charter county prior to submission   of a bid  .
   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.  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  all relevant bid documents provided by the
local public entity, charter   city, or charter county,
including, but not limited to,  architectural or engineering
plans and specifications  ,  prior to submission of a bid,
and  to  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. 
  SECTION 1.    It is the intent of the Legislature
to consider enacting subsequent legislation to address the issues
raised in Los Angeles Unified School District v. Great American Ins.
Co. (2008) 163 Cal.App.4th 944, review granted,193 P.3d 280; 84
Cal.Rptr.3d 35 (2008), as needed, once those issues are ripe for
consideration after the California Supreme Court has rendered a
decision interpreting the parties' rights and obligations under
existing law.