BILL NUMBER: AB 635	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY    Assembly Member   De La
Torre   Committee on Accountability and Administrative
Review   (   De La Torre (Chair), Arambula, Block,
Caballero, Bonnie Lowenthal, V. Manuel Perez, and Audra Strickland
  ) 
    (   Coauthors:  
Assembly Members   Arambula,  
  Tom Berryhill,   
 Block,     Caballero,
    Bonnie Lowenthal, 
   and V. Manuel Perez   )


                        FEBRUARY 25, 2009

   An act to add Article 1 (commencing with Section 3000) to Chapter
3 of Part 1 of Division 2 of the Public Contract Code, relating to
public contracts, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 635, as amended,  De La Torre   Committee
on Accountability and Administrative Review  . Public contracts:
roof projects.
   Existing law prohibits a state agency, political subdivision,
municipal corporation, or district from drafting specifications for
bids, in connection with the construction, alteration, or repair of
public works, calling for a designated material, product, thing, or
service by specific brand or trade name unless the specification is
followed by the words "or equal" so that bidders may furnish any
equal material, product, thing, or service.
   This bill would  require a school district, community
college district, state university, or state agency to require
decisions, as to whether proposed substitute items in connection with
a project to replace or repair a roof are equal pursuant to the
above provisions, to be made by an independent architect, engineer,
or roofing consultant, as provided. The bill would set forth
requirements for the bidding specifications for these roofing
projects.   provide that, for a project for the repair
or replacement of a roof of a public school or community college, a
material, product, thing, or service shall be considered equal if it
meets specified requirements.  The bill would require an
architect, engineer, roofing consultant, and other specified persons
or entities to  complete and  sign a certification related
to financial relationships  in connection with such a roof
project and provide the certification to the school district or
community college district.   The bill would make related
changes  .  The bill would require a school district,
community college district, state university, or state agency to
publish on its Internet Web site certain information pertaining to
roofing projects. This bill would also authorize the State Allocation
Board, the Office of Public School Construction, and the Department
of General Services to provide educational programs, information, or
online material to school and state government administrators in
relation to these matters. By imposing duties on school districts,
the bill would create a state-mandated local program. 

   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.  
   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. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Article 1 (commencing with Section 3000) is added to
Chapter 3 of Part 1 of Division 2 of the Public Contract Code, to
read:

      Article 1.  Roofing Projects


   3000.  For purposes of this article, the following terms have the
following meanings:
   (a) "Architect" means an architect who has a current license
issued by the state. 
   (b) "District or governmental body" means a school district,
community college district, state university, or state agency.
 
   (b) "District" means a school district with an average daily
attendance greater than 2,500 or a community college district. 
   (c) "Engineer" means an engineer who has a current license issued
by the state.
   (d) "Public facility" means a public school  , community
college, or state university, or any facility owned or operated by
the state.   or community college. 
   (e) "Roofing consultant" means a consultant who is registered by
RCI (formerly Roof Consultants Institute).
   (f) "Roof project" means a project for the replacement or repair
of a roof of a public facility  ,   except that "roof
project" does not include a project for the repair of 25 percent or
less of the roof or a repair project that has a total cost of
twenty-one thousand dollars ($21,000) or less  .
   (g) "Substitute" or "substitution" means a material, product,
thing, or service proposed by a bidder to be an adequate substitute
material, product, thing, or service that is equal to an item
designated in specifications, pursuant to subdivision (b) of Section
3400 and subdivision (a) of Section 10129.
   3002.  (a) For purposes of subdivision (b) of Section 3400 and
subdivision (a) of Section 10129, for any roof project, a material,
product, thing, or service shall be considered equal if it meets all
of the following requirements:
   (1) The item is at least equal in quality, durability, design, and
appearance but not necessarily of an identical color.
   (2) The item will perform the intended function at least equally
well.
   (3) The item conforms substantially, even with deviations, to the
detailed requirements contained in the specifications.
   (b) A substitute may be unequal if the resulting roof system would
be substantially different than other equal or better systems in
terms of performance and durability, but not merely different by
virtue of the inclusion of proprietary products or a proprietary
warranty.
   3004.   (a)    Specifications
for any roof project shall be designed to promote competition.
 These specifications shall (1) name a minimum of three
separate manufacturers that share no financial, partnership, or
subsidiary relationships, or interests, or shared product lines, or
(2) require performance standards that at least three manufacturers
have indicated, in writing, in advance of the bidding period, the
ability to comply with.  
   (b) Specifications requiring proprietary products or a proprietary
warranty may not be included in specifications for a roof project if
these items would cost more than 10 percent more than for similar
projects utilizing open competitive bidding without a requirement for
proprietary products or a proprietary warranty.  
   3006.  (a) For purposes of this section, "necessary" means
essential for determining performance and durability characteristics.

   (b) If a substitution is offered in a bid for a roof project, the
district or governmental body shall require decisions on whether the
proposed substitution is "equal" pursuant to subdivision (b) of
Section 3400 or subdivision (a) of Section 10129 to be made by an
independent architect, engineer, or roofing consultant based on
industry standards for performance characteristics and any necessary
generic testing standards for the industry.  
   3008.  A district or governmental body shall ensure and verify in
writing that an architect, engineer, or roofing consultant develops
the plans and specifications for a roof project to ensure that the
project is designed to conform to state codes and structural
integrity and conformity with Section 3004 is maintained. 

   3010.  (a) (1) The 
    3006.   (a)     (1)  
  An architect, engineer, or roofing consultant
 who develops the specifications for a roof project shall
disclose any financial relationships to the district or governmental
body   who provides professional services related to a
roof project shall disclose any financial relationships  by
completing and signing the certification set forth in subdivision
 (b), prior to the opening of any bids or the award of any
project. The awarding authority shall review, approve, and
acknowledge the disclosure.  
   (2) The materials subdivision The materials manufacturer,
contractor, or vendor shall disclose any financial relationship to
the district or governmental body by completing the same disclosure.
 
   (b) prior to the time professional services are engaged. A
materials manufacturer, contractor, or vendor involved in a bid or
proposal for a roof project shall disclose any financial
relationships by completing and signing the certification set forth
in subdivision (b) when the award is made. The architect, engineer,
roofing consultant, materials manufacturer, contractor, or vendor
shall provide the certification to the district.  
   (3) The 
    (2)     An  architect, engineer,
 or roofing consultant   roofing consultant,
materials manufacturer, contractor, or vendor  shall not
disclose a financial relationship in which  the architect,
engineer, or roofing consultant   that person or entity
 is a stockholder of a corporation the stock of which is listed
for sale to the general public on a national securities exchange and
registered with the United States Securities and Exchange Commission,
if  he or she   the person or entity 
holds less than 10 percent of the outstanding stock entitled to vote
at the annual meeting of the corporation. 
   (4) 
    (3)  An architect, contractor, engineer, materials
manufacturer, roofing consultant, or vendor who knowingly provides
false information  and   or  fails to
disclose a financial relationship pursuant to this section shall be
liable to the district  or governmental body  for
any costs to the district  or governmental body 
that are reasonably attributable to excess or unnecessary costs, when
compared to competing bids, incurred by the district  or
governmental body  as a result of the undisclosed financial
relationship. 
   (b) I, ______________      Name, Employer       , certify that I
have not offered, 
    (b)     I,   ____      Name 
 ,   ________________      Name of Employer   ,
certify that I have not offered,  given, or agreed to give,
received, accepted, or agreed to accept, any gift, contribution, or
any financial incentive whatsoever to or from any person in
connection with the roof project contract. As used in this
certification, "person" means any natural person, business,
partnership, corporation, union, committee, club, or other
organization, entity, or group of individuals. Furthermore, 
I,   ______________      Name, Employer 
 , certify that I do not have, and  I, 
 ____      Name   ,   ________________
Name of Employer   , certify that I do not have, and 
throughout the duration of the contract, I will not have, any
financial relationship in connection with the performance of this
contract with any  architect, engineer, roofing consultant, 
materials manufacturer, distributor, or vendor that is not disclosed
below. 
   I, ______________      Name, Employer       , have the following
financial 
    I,   ____      Name   ,  
________________      Name of Employer   , have the
following financial  relationships with  a 
 an architect, engineer, roofing consultant,  materials
manufacturer, distributor, or vendor, or other person in connection
with the following roof project contract: 
   ______________________________________________________Name and
Address of Building, Contract date and number  
   ______________________________________________________      Name
and Address of Building, Contract Date and Number      
   I certify that to the best of my knowledge, the contents of this
disclosure are true, or are believed to be true.
    _________          Signature ____      Date
    __________          Print Name  _______________________
Print Name of Employer  
   Reviewed for financial conflicts and approved prior to the opening
of bids or the award:  
   Name__________________              Title and Employer Date ______

   (c) Any person who knowingly provides false information  or
fails to disclose a financial relationship  in the disclosure
set forth in subdivision (b) shall be subject to a civil penalty in
an amount up to  $1000 dollars   one thousand
dollars ($1,000)  , in addition to any other available remedies.
An action for a civil penalty under this provision may be brought by
any public prosecutor in the name of the people of the State of
California.
    3012.   3008.   (a) To report bid
rigging involving local government agencies and employees, including,
but not limited to, county, city, and school district employees and
officials, an interested person may contact the Antitrust Law Section
of the Office of the Attorney General, 300 S. Spring St., Ste. 1702,
Los Angeles, CA 90013, (800) 952-5225, or fill out the online
complaint form on the Internet Web site of the Office of the Attorney
General (Consumer Complaint Against a Business/Company) at
ag.ca.gov/contact/complaint_form.php?cmplt=CL.
   (b) To file a complaint  or request an investigation
 regarding improper bidding involving state funding, an
interested person may contact the Bureau of State Audits
Whistleblower Hotline for any state agency or institution, at
800-952-5665, or by mail at 555 Capitol Mall, Suite 300, Sacramento,
CA 95814. 
   3014.  A district or governmental body shall publish on its
Internet Web site the specifications for a roof project from the day
those specifications are issued until six months after the bid is
accepted and awarded. The information presented online shall include
the district or governmental body's written responses to bids, the
contract amounts, the date of the contract, the type of project,
bidding phase, the bidders, their bid amounts, and the winning bidder'
s accepted bid at award. The district or governmental body shall also
publish on its Internet Web site any subsequent change orders so the
total project cost may be ascertained in an easily accessible
manner. When the district or governmental body removes this
information from its Internet Web site, it shall retain the
information for a period of three years.  
   3016.  The State Allocation Board, Office of Public School
Construction, and the Department of General Services may provide
educational programs, information, or online material to school and
state government administrators on California bidding statutes to
ensure that the administrators are adequately informed regarding the
legal requirements to maintain a fair and transparent bidding
process.  
  SEC. 2.    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.  
  3010.    This article shall not apply to a school district
operating in accordance with Section 20113 or a community college
district operating in accordance with Section 20654. 
   SEC. 3.   SEC. 2.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to control expenditures for the repair or replacement
 of roofs on public schools, colleges, and universities, and
facilities owned or operated by the state, it is necessary that this
act take   of roofs on public schools and community
colleges, it is necessary that this act take  effect
immediately.
     ____ CORRECTIONS  Text-Pages 4, 5, 6, 7, and 8.
                                             ____