BILL NUMBER: AB 2390 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN ASSEMBLY APRIL 28, 2010
AMENDED IN ASSEMBLY APRIL 26, 2010
INTRODUCED BY Assembly Member Buchanan
(Principal coauthor: Assembly Member Torrico)
FEBRUARY 19, 2010
An act to amend Sections 3300 and 4104 of
Section 3300 of, and to add Section 4104.6 to, the Public
Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2390, as amended, Buchanan. Public works projects: bidding
practices: licenses and worker's workers'
compensation insurance.
Existing law requires a public entity, the University of
California, and the California State University to specify for
inclusion in any plans and notice prepared for a public project the
classification of the contractor's license, which a contractor is
required to possess at the time a contract is awarded.
This bill would, instead, require the contractor to possess that
license at the time the contractor makes a bid or offer to perform
the work, and would also require a contractor to possess current
, valid workers' compensation insurance at that
time.
The Subletting and Subcontracting Fair Practices Act requires the
entity taking bids for public works to specify that any person making
a bid or offer set forth the name and location of the place of
business of each subcontractor who will perform work or labor or
render service to the prime contractor, or a subcontractor who, under
subcontract to the prime contractor, specially fabricates and
installs a portion of the work according to specifications, in an
amount in excess of one-half of 1% of the prime contractor's total
bid, or in the case of bids or offers for the construction of streets
or highways, including bridges, in an amount in excess of one-half
of 1% of the prime contractor's total bid or $10,000, whichever is
greater.
This bill would , instead, require the
person making a bid or offer to set forth, in addition to
contractor whose bid was accepted to provide to the awarding
authority, within 5 business days of the notice of the
award, each subcontractor's name and business location, the
current, valid license number issued by the State of California, and
proof of current , valid worker's workers'
compensation insurance of each subcontractor who will
perform work, labor, or render service to the prime contractor in or
about the construction of the work or improvement that
was listed in the contractor's bid .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3300 of the Public Contract Code is amended to
read:
3300. (a) Any public entity, as defined in Section 1100, the
University of California, and the California State University shall
specify the classification of the contractor's license, which a
contractor shall possess at the time the contractor makes a bid or
offer to perform the work. The specification shall be included in any
plans prepared for a public project and in any notice inviting bids
required pursuant to this code. This requirement shall apply
only with respect to contractors that contract directly with the
public entity.
(b) A contractor shall possess current , valid
workers' compensation insurance at the time the contractor makes a
bid or offer to perform the work.
(c) A contractor who is not awarded a public contract because of
the failure of an entity, as defined in subdivision (a), to comply
with that subdivision shall not receive damages for the loss of the
contract.
(d) This section shall not apply to a contractor that submits a
bid or offer as a joint venture, pursuant to Section 7029.1 of the
Business and Professions Code.
SEC. 2. Section 4104.6 is added to the
Public Contract Code , to read:
4104.6. (a) A contractor whose bid is accepted shall provide to
the awarding authority, within five business days of the notice of
award, the name, business location, current contractor's license
number issued by the State of California, and proof of current
workers' compensation insurance of each subcontractor listed by the
contractor in the bid pursuant to Section 4104.
(b) Any subcontractor not listed by the contractor pursuant to
paragraph (1) of subdivision (a) of Section 4104, who is subsequently
contracted to perform work, shall, prior to commencing work, provide
the awarding authority with its name, business location, current
contractor's license number issued by the State of California, and
proof of current workers' compensation insurance.
SEC. 2. Section 4104 of the Public Contract
Code is amended to read:
4104. Any officer, department, board or commission taking bids
for the construction of any public work or improvement shall provide
in the specifications prepared for the work or improvement or in the
general conditions under which bids will be received for the work
incident to the public work or improvement that any person making a
bid or offer to perform the work shall, in his or her bid or offer,
set forth:
(a) (1) The name, business location, current valid license number
issued by the State of California, and proof of current, valid
workers' compensation insurance of each subcontractor who will
perform work, labor, or render service to the prime contractor in or
about the construction of the work or improvement.
(2) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list pursuant
to this subdivision, other than the subcontractor's name and location
of business, may be submitted by the prime contractor up to 24 hours
after the deadline established by the officer, department, board, or
commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its
option.
(b) The portion of the work that will be done by each
subcontractor pursuant to this act. The prime contractor shall list
only one subcontractor for each portion as is defined by the prime
contractor in his or her bid.