California 2017-2018 Regular Session

California Assembly Bill AB2996 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member FongFebruary 16, 2018 An act to add and repeal Article 6.6 (commencing with Section 217.10) of Chapter 1 of Division 1 of the Streets and Highways Code, relating to transportation public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as introduced, Fong. Department of Transportation: Job order contracting.The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases.This bill, until July 1, 2022, would authorize the Department of Transportation to use job order contracting, an alternative procurement procedure, for certain types of highway maintenance work. The bill would require the department to establish a procedure to prequalify job order contractors, and to award work for renewable 12-month contract terms based on competitive sealed bids pursuant to a unit price book of tasks and job order contract specifications. The bill would also require the department to report annually to the Legislature on specified matters relating to job order contracts. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 6.6 (commencing with Section 217.10) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 6.6. Job Order Contracting217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
22
33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2996Introduced by Assembly Member FongFebruary 16, 2018 An act to add and repeal Article 6.6 (commencing with Section 217.10) of Chapter 1 of Division 1 of the Streets and Highways Code, relating to transportation public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 2996, as introduced, Fong. Department of Transportation: Job order contracting.The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases.This bill, until July 1, 2022, would authorize the Department of Transportation to use job order contracting, an alternative procurement procedure, for certain types of highway maintenance work. The bill would require the department to establish a procedure to prequalify job order contractors, and to award work for renewable 12-month contract terms based on competitive sealed bids pursuant to a unit price book of tasks and job order contract specifications. The bill would also require the department to report annually to the Legislature on specified matters relating to job order contracts. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
55
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77
88
99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1010
1111 Assembly Bill No. 2996
1212
1313 Introduced by Assembly Member FongFebruary 16, 2018
1414
1515 Introduced by Assembly Member Fong
1616 February 16, 2018
1717
1818 An act to add and repeal Article 6.6 (commencing with Section 217.10) of Chapter 1 of Division 1 of the Streets and Highways Code, relating to transportation public contracts.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 2996, as introduced, Fong. Department of Transportation: Job order contracting.
2525
2626 The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases.This bill, until July 1, 2022, would authorize the Department of Transportation to use job order contracting, an alternative procurement procedure, for certain types of highway maintenance work. The bill would require the department to establish a procedure to prequalify job order contractors, and to award work for renewable 12-month contract terms based on competitive sealed bids pursuant to a unit price book of tasks and job order contract specifications. The bill would also require the department to report annually to the Legislature on specified matters relating to job order contracts.
2727
2828 The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases.
2929
3030 This bill, until July 1, 2022, would authorize the Department of Transportation to use job order contracting, an alternative procurement procedure, for certain types of highway maintenance work. The bill would require the department to establish a procedure to prequalify job order contractors, and to award work for renewable 12-month contract terms based on competitive sealed bids pursuant to a unit price book of tasks and job order contract specifications. The bill would also require the department to report annually to the Legislature on specified matters relating to job order contracts.
3131
3232 ## Digest Key
3333
3434 ## Bill Text
3535
3636 The people of the State of California do enact as follows:SECTION 1. Article 6.6 (commencing with Section 217.10) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 6.6. Job Order Contracting217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
3737
3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
4242 SECTION 1. Article 6.6 (commencing with Section 217.10) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 6.6. Job Order Contracting217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
4343
4444 SECTION 1. Article 6.6 (commencing with Section 217.10) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:
4545
4646 ### SECTION 1.
4747
4848 Article 6.6. Job Order Contracting217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
4949
5050 Article 6.6. Job Order Contracting217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
5151
5252 Article 6.6. Job Order Contracting
5353
5454 Article 6.6. Job Order Contracting
5555
5656 217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.(b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.(c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:(1) Routine bridge maintenance and preservation.(2) Pavement repair, replacement, and seals.(3) Clearing and grubbing.(4) Traffic and detection system installation, replacement, and repair.(5) Improvements to, and repairs of, maintenance facilities.(6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).(7) Routine culvert maintenance and preservation as applicable.(8) Tree mortality mitigation.(9) Water conservation mitigation.(10) Stormwater mitigation.(d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.(e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.(f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.(g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:(1) A listing of all projects completed under each job order contract.(2) The name of each job order contractor awarded a contract.(3) The estimated and actual project costs.(4) The estimated procurement time savings.(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.(6) An assessment of the prequalification process and criteria.(7) A summary of small business utilization.(8) Recommendations regarding the most appropriate uses for the job order contract process.(h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.(i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.
5757
5858
5959
6060 217.10. (a) This section provides the Department of Transportation the opportunity to examine and evaluate an alternative procurement procedure for transportation maintenance projects.
6161
6262 (b) (1) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation maintenance projects when it is anticipated that it will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method.
6363
6464 (c) The department shall establish a procedure to prequalify job order contractors only for the following types of highway maintenance work:
6565
6666 (1) Routine bridge maintenance and preservation.
6767
6868 (2) Pavement repair, replacement, and seals.
6969
7070 (3) Clearing and grubbing.
7171
7272 (4) Traffic and detection system installation, replacement, and repair.
7373
7474 (5) Improvements to, and repairs of, maintenance facilities.
7575
7676 (6) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the Americans with Disabilities Act of 1990 (Public Law 101-336).
7777
7878 (7) Routine culvert maintenance and preservation as applicable.
7979
8080 (8) Tree mortality mitigation.
8181
8282 (9) Water conservation mitigation.
8383
8484 (10) Stormwater mitigation.
8585
8686 (d) The department shall prepare a set of documents for each job order contract. The documents shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the departments needs.
8787
8888 (e) Based on the documents prepared under subdivision (d), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.
8989
9090 (f) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the department and the job order contractor.
9191
9292 (g) On or before July 1 of each year, the department shall report to the Legislature with regard to the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall be submitted pursuant to Section 9795 of the Government Code and shall include, but not be limited to, the following information:
9393
9494 (1) A listing of all projects completed under each job order contract.
9595
9696 (2) The name of each job order contractor awarded a contract.
9797
9898 (3) The estimated and actual project costs.
9999
100100 (4) The estimated procurement time savings.
101101
102102 (5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests.
103103
104104 (6) An assessment of the prequalification process and criteria.
105105
106106 (7) A summary of small business utilization.
107107
108108 (8) Recommendations regarding the most appropriate uses for the job order contract process.
109109
110110 (h) Any job order contractor that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.
111111
112112 (i) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.
113113
114114 217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.
115115
116116
117117
118118 217.11. This article shall remain in effect only until July 1, 2022, and as of that date is repealed.