Roofing Projects - Formation - Public Contract - CA

Section § 3000

This law explains specific definitions for terms used in a legal article related to construction and repair projects at public schools and community colleges. An 'architect' and 'engineer' must have current state licenses. A 'district' refers to certain school or community college districts. 'Public facility' means public school or community college buildings. A 'roofing consultant' is someone registered with RCI. A 'roof project' involves replacing or repairing significant portions of a facility's roof, not including minor repairs. 'Substitute' refers to a replacement material proposed by a bidder that is equal to the specified item.

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.

(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.

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Section § 3002

This section outlines what qualifies as an equal material or product for roof projects under specific conditions. To be deemed equal, the item must match or exceed the original in quality, durability, design, and appearance, perform its function as well as the original, and closely match the specified requirements even with some deviations. Additionally, using a substitute is unacceptable if it significantly alters the performance or durability of the roof system compared to other comparable systems, except when simply using branded products or warranties.

(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.

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Section § 3004

This law requires that the details or specifications of any roofing project should be created in a way that encourages competition among potential contractors or bidders.

Specifications for any roof project shall be designed to promote competition.

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Section § 3006

This law section mandates that architects, engineers, roofing consultants, and others involved in a roof project must disclose any financial relationships before beginning work. They must sign a certification statement, ensuring no undisclosed relationships. However, stock ownership of less than 10% in publicly traded companies does not need to be disclosed. Those who provide false information or fail to disclose required information can be held financially liable for any resulting extra costs to the district. They can also face civil penalties of up to $1,000 and may be prosecuted by a public prosecutor.

The certification they sign also covers promises not to give or receive any sort of financial incentive related to the project, and any existing financial ties must be fully disclosed, with necessary details given.

(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.

SignatureDate

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.

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Section § 3008

This law explains how to report bid rigging and improper bidding in California. If you suspect bid rigging at local government levels, like cities or school districts, you can contact the Antitrust Law Section of the Attorney General's Office in Los Angeles or use their online complaint form. For issues with improper bidding that involve state funding, you should reach out to the Bureau of State Audits Whistleblower Hotline by phone or mail.

(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.

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Section § 3010

This law section states that it does not apply to school districts or community college districts if they are operating under specific conditions outlined in other sections, namely Section 20113 for school districts and Section 20654 for community college districts.

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.

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