as amended, O'Donnell.
begin deleteCareer technical education: advisory committee. end delete
Existing law requires the governing board of each school district participating in a career technical education program to appoint a career technical education advisory committee, as specified, to develop recommendations on the program and to provide liaison between the district and potential employers.end delete
This bill would make nonsubstantive changes to these provisions.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) (1) Notwithstanding Section 17417, the governing
5board of a school district, without advertising for bids, may let,
6for a minimum rental of one dollar ($1) a year, to
begin delete anyend delete person,
7firm, or corporation
begin delete anyend delete real property that belongs to the
8 district if the instrument by which this property is let requires the
9lessee therein to construct on the demised premises, or provide for
10the construction thereon of, a building or buildings for the use of
11the school district during the term of the lease, and provides that
12title to that building shall vest in the school district at the expiration
13of that term. The instrument may provide for the means or methods
14by which that title shall vest in the school district
begin delete prior toend delete
15 the expiration of that term, and shall contain other terms and
16conditions as the governing board may deem
17to be in the best interest of the school district.
begin deleteIf the instrument meets the criteria of subdivision (a) of instrument
19Section 20111.6 of the Public Contract Code, the end delete
22 shall also require that a person,
23firm, or corporation that constructs the building, including, but not
24limited to, the prime contractor and, if used, electrical, mechanical,
25and plumbing subcontractor, shall be subject to the same
26prequalification requirements for prospective bidders described in
27 Section 20111.6 of the Public
28Contract Code, including the requirement for the completion and
29submission of a standardized prequalification questionnaire and
30financial statement that is verified under oath and is not a public
begin deleteAny end deleterental of property that complies with subdivision (a)
33as it reads on the day that the lease is entered into shall be deemed
34to have thereby required the payment of adequate consideration
35for purposes of Section 6 of Article XVI of the California
P4 1(c) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.
(a) The governing board of
begin delete anyend delete school district may
8enter into an agreement with
begin delete anyend delete person, firm, or corporation
9under which that person, firm, or corporation shall construct, or
10provide for the construction of, a building to be used by the
11 district upon a designated site and lease the building and site to
12the district. The instrument shall provide that the title to
13the building and site shall vest in the district at the expiration
14of the lease, and may provide the means or method by which the
15title to the building and site shall vest in the district
begin delete prior the expiration of the lease, and shall contain other terms
17and conditions as the governing board of the district deems
18to be in the best interest of the district.
19(b) The agreement entered into shall be with the lowest
20responsible bidder who shall give the security that
begin delete anyend delete
21 board requires. The board may reject all bids. For the purpose of securing bids the
23 board shall publish at least once a
24week for two weeks in
begin delete someend delete newspaper of general circulation
25published in the district, or if there is no paper, then in
begin delete someend delete
26 paper of general circulation circulated in the county, a notice
27calling for bids, stating the proposed terms of the agreement and
28the time and place where bids will be opened.
begin deleteIf the agreement meets the criteria of subdivision (a) of agreement
30Section 20111.6 of the Public Contract Code, the end delete
33 shall also require that a
34person, firm, or corporation that constructs the building, including,
35but not limited to, the prime contractor and, if used, electrical,
36mechanical, and plumbing subcontractor, under this section shall
37be subject to the same prequalification requirements for prospective
38bidders described in Section
3920111.6 of the Public Contract Code, including the requirement
40for the completion and submission of a standardized
P5 1prequalification questionnaire and financial statement that is
2verified under oath and is not a public record.
3(d) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.
(a) This section shall apply only to public projects,
34as defined in subdivision (c) of Section 22002,
begin delete for which the for a public project
35governing board of the district uses funds received pursuant to the
36Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5
37(commencing with Section 17070.10) of Part 10 of Division 1 of
38Title 1 of the Education Code) or any funds from any future state
39school bondend delete
P8 1that involves a projected expenditure of one million dollars
2($1,000,000) or more.
3(b) If the governing board of the district enters into a
4contract meeting the criteria of subdivision (a), then the governing
5board of the district shall require that prospective bidders
6for a construction contract complete and submit to the
7 board of the district a standardized prequalification
8questionnaire and financial statement. The questionnaire and
9financial statement shall be verified under oath by the bidder in
10the manner in which civil pleadings in civil actions are verified.
11The questionnaires and financial statements shall not be public
12records and shall not be open to public inspection.
13(c) The board of the district shall adopt and
14apply a uniform system of rating bidders on the basis of the
15completed questionnaires and financial statements. This system
16shall also apply to a person, firm, or corporation that constructs a
17building described in Section 17406 or 17407 of the Education
19(d) The questionnaire and financial statement described in
20subdivision (b), and the uniform system of rating bidders described
21in subdivision (c), shall cover, at a minimum, the issues covered
22by the standardized questionnaire and model guidelines for rating
23bidders developed by the Department of Industrial Relations
24pursuant to subdivision (a) of Section 20101.
25(e) Each prospective bidder shall be furnished by the school
26district letting the contract with a standardized proposal form that,
27when completed and executed, shall be submitted as his or her bid.
28Bids not presented on the forms so furnished shall be disregarded.
29(f) A proposal form required pursuant to subdivision (e) shall
30not be accepted from any person or other entity that is required to
31submit a completed questionnaire and financial statement for
32prequalification pursuant to subdivision (b) or from any person or
33other entity that uses a subcontractor that is required to submit a
34completed questionnaire and financial statement for
35prequalification pursuant to subdivision (b), but has not done so
36at least 10 business days
begin delete prior toend delete the date fixed for the public
37opening of sealed bids or has not been prequalified for at least five
begin delete prior toend delete that date. The district may
39require the completed questionnaire and financial statement for
40prequalification to be submitted more than 10 business days
begin delete prior the fixed date for the public opening of sealed bids. The
P9 1toend delete
2 district may also require the prequalification more than five
begin delete prior toend delete the fixed date.
4(g) (1) The board of the district may establish
5a process for prequalifying prospective bidders pursuant to this
6section on a quarterly or annual basis and a prequalification
7pursuant to this process shall be valid for one calendar year
8following the date of initial prequalification.
9(2) The board shall establish a
10process to prequalify a person, firm, or corporation, including, but
11not limited to, the prime contractor and, if used, an electrical,
12mechanical, and plumbing subcontractor, to construct a building
13described in Section 17406 or 17407 of the Education Code on a
14quarterly or annual basis. A prequalification pursuant to this
15process shall be valid for one calendar year following the date of
17(h) This section shall not preclude the governing board of the
18 district from prequalifying or disqualifying a subcontractor
19of any specialty classification described in Section 7058 of the
20Business and Professions Code.
21(i) For purposes of this section, bidders shall include both of
23(1) A prime contractor, as defined in Section 4113, that is either
24of the following:
25(A) A general engineering contractor described in Section 7056
26of the Business and Professions Code.
27(B) A general building contractor described in Section 7057 of
28the Business and Professions Code.
29(2) If utilized, each electrical, mechanical, and plumbing
30contractor, whether as a prime contractor or as a subcontractor, as
31defined in Section 4113.
32(j) If a public project covered by this section includes electrical,
33mechanical, or plumbing components that will be performed by
34electrical, mechanical, or plumbing contractors, a list of
35prequalified general contractors and electrical, mechanical, and
36plumbing subcontractors shall be made available by the school
37district to all bidders at least five business days
begin delete prior toend delete the
38dates fixed for the public opening of sealed bids. The district
39may require the list to be made available more than five business
begin delete prior toend delete the fixed dates for the public opening of sealed
3(k) For purposes of this section, electrical, mechanical, and
4plumbing subcontractors are contractors licensed pursuant to
5Section 7058 of the Business and Professions Code, specifically
6contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38,
7C-42, C-43, and C-46 licenses, pursuant to regulations of the
8Contractors’ State License Board.
9(l) This section shall not apply to a school district with an
10average daily attendance of less than 2,500.
11(m) (1) This section shall apply only to contracts awarded on
12or after January 1, 2014.
13(2) The amendments made to this section by the act adding this
14paragraph shall apply only to contracts awarded on or after January
16(n) (1) On or before January 1, 2018, the Director of Industrial
17Relations shall (A) submit a report to the Legislature evaluating
18whether, during the years this section has applied to contracts,
19violations of the Labor Code on school district projects have
20decreased as compared to the same number of years immediately
21preceding the enactment of this section, and (B) recommend
22improvements to the system for prequalifying contractors and
23subcontractors on school district projects.
24(2) A report to be submitted pursuant to this subdivision shall
25be submitted in compliance with Section 9795 of the Government
27(o) This section shall become inoperative on January 1, 2019,
28and, as of July 1, 2019, is repealed.
Section 8070 of the Education Code is amended
(a) The governing board of each school district
32participating in a career technical education program shall appoint
33a career technical education advisory committee to develop
34recommendations on the program and to provide liaison between
35the district and potential employers.
36(b) The committee shall consist of one or more representatives
37of the general public knowledgeable about the disadvantaged,
38pupils, teachers, business, industry, school administration, and the
39field office of the Employment Development Department.