BILL NUMBER: AB 635	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 30, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Committee on Accountability and Administrative Review
(De La Torre (Chair), Arambula, Block, Caballero, Bonnie Lowenthal,
V. Manuel Perez, and Audra Strickland)

                        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, 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 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.



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" 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 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.  Specifications for any roof project shall be designed to
promote competition.
   3006.  (a) (1) An architect, engineer, or roofing consultant 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 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.
   (2) An architect, engineer, roofing consultant, materials
manufacturer, contractor, or vendor shall not disclose a financial
relationship in which 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 the person or
entity holds less than 10 percent of the outstanding stock entitled
to vote at the annual meeting of the corporation.
   (3) An architect, contractor, engineer, materials manufacturer,
roofing consultant, or vendor who knowingly provides false
information or fails to disclose a financial relationship pursuant to
this section shall be liable to the district for any costs to the
district that are reasonably attributable to excess or unnecessary
costs, when compared to competing bids, incurred by the district as a
result of the undisclosed financial relationship.
   (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      ,
________________      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      , ________________      Name of Employer
   , have the following financial relationships with 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
   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
   (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 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.
   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 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.
   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. 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 and community colleges, it is necessary that
this act take effect immediately.