BILL ANALYSIS
AB 815
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ASSEMBLY THIRD READING
AB 815 (Ma)
As Amended June 1, 2009
Majority vote
JUDICIARY 10-0 LOCAL GOVERNMENT 6-0
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|Ayes:|Feuer, Tran, Brownley, |Ayes:|Caballero, Knight, |
| |Skinner, Jones, Knight, | |Arambula, Davis, Duvall, |
| |Krekorian, Lieu, Monning, | |Skinner |
| |Nielsen | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Clarifies that nothing in existing law shall be
construed to prohibit a local public entity from requiring a
bidder to review all relevant bid documents provided by the
local public entity, including but not limited to 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.
EXISTING LAW :
1)Prohibits a local public entity, charter city, or charter
county, from requiring a bidder on a public works project 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.
2)Permits a local public entity, charter city, or charter county
to require 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.
3)With respect to state agencies, provides that before entering
into any contract for a project, the department shall prepare
full, complete, and accurate plans and specifications and
estimates of cost, giving such directions as will enable any
competent mechanic or other builder to carry them out.
FISCAL EFFECT : None
AB 815
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COMMENTS : This bill currently contains interim language to
clarify that nothing in existing law shall be construed to
prohibit a local public entity from requiring a bidder to review
all relevant bid documents provided by the local public entity,
including but not limited to 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.
A substantive proposal on the larger issue of the rights and
responsibilities of local governments and their contractors
regarding responsibility for review of plans and specifications
was put forward last year in AB 983 (Ma). That measure was
vetoed by the Governor with the following message:
This bill would require a local public entity before
entering into a design-bid-build contract, to provide
full, complete, and accurate plans, specifications and
estimates of cost that would enable any competent
mechanic or other builder to carry them out.
This bill is premature. The California Supreme Court
recently agreed to review the case, Los Angeles
Unified School District v. Great American Insurance
Co. et al., that involves the issues raised by this
bill. I believe it is prudent for the court to rule
on current law before making any unnecessary or
ill-advised changes.
In anticipation of a possible ruling by the court during this
legislative session, the author initially re-introduced a
substantively similar proposal in this bill. In light of the
prior veto and the substantial opposition, however, and in order
to allow the bill to meet legislative deadlines while
maintaining flexibility regarding the precise proposal that may
be needed to respond to the important issues raised by the case,
depending on the outcome of Supreme Court's decision, the author
has agreed to the current provision as a placeholder and had
pledged not to move the bill forward in the Senate, if at all,
unless and until the court issues its ruling in the pending
case.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
AB 815
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FN: 0001082