§ 4420.5. — 4420.5. (Amended (as amended by Stats. 1999, Ch. 521) by Stats. 2001, Ch. 734, Sec. 72.)

California § 4420.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 5.
• Title 1.: DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES
• Ch. 6.: CHAPTER 6. Unfair and Coercive Insurance Requirements

Text

(a)
Section 4420 does not apply to any construction or renovation project undertaken by a school district or community college district.
(b)
The district may use owner-controlled or wrap-up insurance with regard to a construction or renovation project if the district makes the following determinations:
(1)
Prospective bidders, including contractors and subcontractors, meet minimum occupational safety and health qualifications established to bid on the project. The evaluation of prospective bidders shall be based on consideration of the following factors:
(A)
Serious and willful violations of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, by a contractor or subcontractor during the past five-year period.
(B)
The contractor’s or subcontractor’s workers’ compensation experience modification factor.
(C)
A contractor’s or subcontractor’s injury prevention program instituted pursuant to Section 3201.5 or 6401.7 of the Labor Code.
(2)
The use of owner-controlled or wrap-up insurance will minimize the expenditure of public funds on the project in conjunction with the exercise of appropriate risk management.
(c)
For purposes of this section, “owner-controlled or wrap-up insurance” means a series of insurance policies issued to cover all of the contractors and subcontractors on a given project for purposes of general liability and workers’ compensation.
(d)
Any use of owner-controlled or wrap-up insurance pursuant to this section shall be subject to paragraphs (3) to (6), inclusive, of subdivision (b) of Section 4420 and subdivisions (c) and (d) of that section.

Legislative History

Amended (as amended by Stats. 1999, Ch. 521) by Stats. 2001, Ch. 734, Sec. 72. Effective October 11, 2001.