HomeMy WebLinkAboutAB 815 - Public ContractsCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 815 (MA) AT ITS MEETING OF MARCH 24, 2009.
DATE: April 9, 2009
CONTENTS: AB 815 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 815 (Ma) relative to public contracts.
BACKGROUND:
Existing law contains various provisions relating to the bidding process for public works projects
and prohibits cities from requiring bidders to assume responsibility for the completeness and
accuracy of architectural or engineering plans and specifications of public works projects. If
passed, AB 815 would require cities to certify the work of consultants, which would result in
delays and assumption by cities for the liability of contracted work.
Therefore the Legislative Review Committee recommends that the City Council oppose AB 815
and direct staff to prepare a letter stating that position to appropriate legislators and committees
for the Mayor's signature.
Ct7C
PATRICIA SCULLY, CFEE
PAUL GIBSON
SENIOR MANAGEMENT ANALYST DIRECTOR OF FINANCE/CITY TREASURER
,/SHEILA R. GILLIGAN
ACM/COMMUNITY SERVICES
N M. WOHLMUTH
TY MANAGER
CITY COUNCIL ACTION
APPROVED ✓ DENIED
RECEIVED OTHER
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Original on File with City Clerk's Office
State Net Bill Text Page 1 of 2
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2009 CAA 815
AUTHOR: Ma
VERSION: Introduced
VERSION DATE: 02/26/2009
ASSEMBLY BILL No. 815
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 introduced, Ma. Public contracts: plans and specifications.
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.
This bill would require a local public entity, charter city, or charter county, before entering into any
contract for a project, to provide full, complete, and accurate plans and specifications and estimates of
cost, giving such direction as will enable any competent mechanic or other builder to carry them out.
The bill would exempt from these provisions any clearly identified design -build projects or design -build
portions thereof. The bill would specify that a local public entity, charter city, or charter county would
not be required to provide bidders with plans and specifications for projects that are completed entirely
through an annual contract for repair, remodeling, or other repetitive work according to unit prices.
This bill would further provide that these provisions shall not be construed to require a contractor to
prove an affirmative or intentional misrepresentation or active concealment on the part of the public
entity, charter city, or charter county that provides the plans and specifications, nor construed to prohibit
the public entity, charter city, or charter county from raising any affirmative defenses available to it
under law. The bill would also specify that these provisions would not expand, restrict, or otherwise
change the liability or potential liability of a design professional, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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State Net Bill Text
Page 2 of 2
SECTION 1. Section 1104 of the Public Contract Code is amended to read:
1104. (a) 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.
(b) Except for clearly identified design -build projects or design -build portions thereof, before
entering into any contract for a project, a local public entity, charter city, or charter county shall provide
full, complete. and accurate plans and specifications and estimates of cost, giving such direction as will
enable any competent mechanic or other builder to carry them out.
(c) This section shall not be construed to require a local public entity. charter city. or charter county .
for projects that are completed entirely through an annual contract for repair, remodeling, or other
repetitive work according to unit prices. to provide bidders with plans and specifications. If a local
public entity, charter city, or charter county utilizing this type of contract provides bidders with plans
and specifications, the plans and specifications shall comply with subdivision (b) of this section.
(d) (1) Nothing in this section shall be construed to require a contractor to prove an affirmative or
intentional misrepresentation or active concealment on the part of the local public entity , charter city , or
charter county that provides the plans and specifications.
(2) Nothing in this section shall be construed to prohibit a local public entity, charter city, or charter
county from raising any affirmative defenses available to it under law.
(3) Nothing contained in this section shall expand, restrict. or otherwise change the liability or
potential liability of a design professional, as defined in paragraph (2) of subdivision (b) of Section
2782.8 of the Civil Code.
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