BILL NUMBER: AB 1314	CHAPTERED  10/10/99

	CHAPTER   875
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   APRIL 26, 1999

INTRODUCED BY   Assembly Member Pescetti

                        FEBRUARY 26, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1314, Pescetti.  Public contracts:  plans and specifications.
   Existing law contains various provisions relating to the bidding
process for public works projects.
   This bill would impose a state-mandated local program by
prohibiting 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, and would make legislative findings and
declarations in that regard.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 1104 is added to the Public Contract Code, 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 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.

  SEC. 2.  The Legislature finds and declares that it is against
public policy and of statewide concern on local public works projects
to require a bidder to certify and be responsible for the
completeness and accuracy of architectural or engineering plans and
specifications, except on clearly designated design build projects.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.