BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member  Ma   Caballero


                        FEBRUARY 26, 2009

    An act to amend Section 1104 of the Public Contract Code,
relating to public contracts.   An act to amend Section
4 of Chapter 258 of the Statutes of 2003, relating to state
property. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, as amended,  Ma   Caballero  .
 Public contracts: bidding procedures.   State
property.  
   Existing law authorizes the Director of General Services, with the
approval of the Adjutant General, to convey specific property within
the City of Salinas, for no less than 50% of fair market value, to
the city for development of a police station, under certain
conditions.  
   This bill would instead authorize the conveyance for a local
government-owned facility under the same conditions.  
   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 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
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4 of Chapter 258 of the
Statutes of 2003 is amended to read: 
  SEC. 4.  Notwithstanding any other  provision of
law, including, but not limited to, Article 1 (commencing with
Section 11000) of Chapter 1 of Part 1 of Division 3 of Title 2 of,
and Article 8 (commencing with Section 54220) of Chapter 5 of Part 1
of Division 2 of Title 5 of the Government Code, the Director of
General Services, with the approval of the Adjutant General, may
convey for no less than 50 percent of fair market value, to the City
of Salinas for development of a  police station 
 local government-owned facility  , which shall be
considered a public benefit, real property located at 100 Howard
Street, Salinas, Monterey County on the terms and conditions and
subject to the reservations and exceptions that may be in the best
interests of the state. The Department of General Services shall be
reimbursed for its costs related to the transfer, including, but not
limited to, any survey costs, title transfer fees, and department
staff time. 
  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.