AB 1431, as amended, Gomez. Local Agency Public Construction Act: job order contracting.
Existing law, the Local Agency Public Construction Act, authorizes job order contracting, as provided, by the Los Angeles Unified School District (LAUSD), until December 31, 2020.
This bill wouldbegin insert repeal the provisions relating to the LAUSD and would insteadend insert authorize job order contracting in a similar manner for school districtsbegin delete other than LAUSDend delete until January 1, 2022. The bill would restrict job order contracting pursuant to the bill to school districts that have entered into a project labor agreement or agreements, as defined, that will apply to all public works in excess of $25,000 undertaken by the school district through at least December 31, 2021,
regardless of what contracting procedure is used to award that work. The bill would require job order contractors to submit a questionnaire to the school district containing specified information verified under oath. By expanding the crime of perjury, this bill would impose 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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 20919.15 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
2amended to read:end insert
This article shall remain in effect only until
4begin delete December 31, 2020,end deletebegin insert January 1, 201end insertbegin insert6,end insert and as of that date is
5repealed, unless a later enacted statute, that is enacted before
6begin delete December 31, 2020,end deletebegin insert January 1, 2016,end insert deletes or extends that date.
Article 60.4 (commencing with Section 20919.20) is
9added to Chapter 1 of Part 3 of Division 2 of the Public Contract
10Code, to read:
11
The Legislature finds and declares all of the
15following:
16(a) It is the intent of the Legislature, in enacting this article, to
17demonstrate an alternative and optional procedure for bidding of
18public works projects that is applicable only to school districts
19other than the Los Angeles Unified School District. The Legislature
20has previously authorized the use of this alternative and optional
21procedure in Article 60.3 (commencing with Section 20219) only
22for the Los Angeles Unified School District, which is using the
23procedure in conjunction with its project stabilization agreement.
24(b) Districts should be able to utilize
cost-effective options for
25the delivery of public works projects, in accordance with the
26national trend, which include authorizations in California, to allow
27public entities to utilize job order contracts as a project delivery
28method.
P3 1(c) The benefits of a job order contract project delivery system
2include accelerated completion of the projects, cost savings, and
3reduction of construction contracting complexity for the unified
4school district.
5(d) The job order contracting approach should be used for the
6purposes of reducing project cost and expediting project
7completion.
8(e) The Legislature is uncertain of the benefits and advantages
9of job order contracting for California school districts and therefore
10
looks forward to the reports required by Section 20919.32 in order
11to fully and competently assess any further exemptions to the
12school contracting process.
13(f) The availability of job order contracting as a project delivery
14method will not preclude the use of traditional methods of project
15delivery if a traditional method results in higher cost savings.
16(g) It is the intent of the Legislature that job order contracts be
17competitively bid and awarded to thebegin delete bidderend deletebegin insert biddersend insert providing the
18most qualified responsivebegin delete bid.end deletebegin insert
bids.end insert It is further the intent of the
19Legislature that school districts use the job order contract process
20pursuant to this article only if the school district has entered into
21a project labor agreement that meets the requirements of Section
222500 for all its public works projects.
As used in this chapter:
24(a) “Adjustment factor” means the job order contractor’s
25competitively bid adjustment to the school district’s prices as
26published in thebegin delete catalog of construction tasks.end deletebegin insert unit price catalog.end insert
27(b) “Catalog of construction tasks” means a book containing
28specific construction tasks and the unit prices to install or demolish
29that construction. The listed tasks shall be based on generally
30accepted industry standards and information, where available, for
31various items of work to be performed by the job order contractor.
32The prices shall include the cost of materials, labor, and equipment
33for performing the items of work. The
prices shall not include
34overhead and profit. All unit prices shall be developed using local
35prevailing wages.
27 36(c)
end delete
37begin insert(b)end insert “Indefinite quantity” means one or more of the construction
38tasks listed in thebegin delete catalog of construction tasks.end deletebegin insert unit price catalog.end insert
29 39(d)
end delete
P4 1begin insert(c)end insert “Job order” means a firm, fixed priced, lump-sum order
2issued by the school district to a job order contractor for a definite
3project scope of work as compiled from thebegin delete catalog of construction begin insert unit price catalogend insert to be performed pursuant to a job order
4tasksend delete
5contract.begin delete No single job order may exceed one million dollars
6($1,000,000) in value.end delete
34 7(e)
end delete
8begin insert(d)end insert “Job order contract” means a contract, awarded tobegin delete theend deletebegin insert aend insert most
9qualified bidder as described in paragraph (1) of subdivision (b)
10of Section 20919.24, between the school district and a licensed,
11bonded, and general liability insured contractor in which the
12contractor agrees to a fixed period,begin delete fixed unitend deletebegin insert fixed-unitend insert price, and
13indefinite quantity contract that provides for the use of job orders
14for public works or
maintenance projects.
P4 1 15(f)
end delete
16begin insert(e)end insert “Job order contract technical specifications” means a book,
17published by the school district, detailing the technical
18specifications with regard to quality of materials and workmanship
19to be used by the job order contractor in accomplishing the tasks
20listed in thebegin delete catalog of construction tasks.end deletebegin insert unit price catalog.end insert
6 21(g)
end delete
22begin insert(f)end insert “Job order contractor” means a licensed, bonded, and general
23liability insured contractor awarded a job order contract.
8 24(h)
end delete
25begin insert(g)end insert “Offer to perform work” means the job order contractor’s
26proposal for a specific job order.
10 27(i)
end delete
28begin insert(h)end insert “Plans and specifications” means thebegin delete catalog of construction begin insert unit price catalogend insert and the job order contract technical
29tasksend delete
30specifications. The scope of work to be performed with a job order
31contract is potentially, but not necessarily, all the tasks published
32in thebegin delete catalog of construction tasks.end deletebegin insert unit price catalog.end insert
15 33(j)
end delete
34begin insert(i)end insert “Project” means the specific requirements and work to be
35accomplished by the job order contractor in connection with an
36individual job order.
18 37(k)
end delete
38begin insert(j)end insert “Project labor agreement” means an agreement that meets
39the requirements of Section 2500.
20 40(l)
end delete
P5 1begin insert(k)end insert “Project scope of work”
means the document and related
2drawings, specifications, and writings referenced therein which
3together set forth the specific requirements and work to be
4accomplished by the job order contractor in connection with an
5individual job order.
25 6(m)
end delete
7begin insert(l)end insert “Proposal” means the job order contractor prepared document
8quoting those construction tasks listed in thebegin delete catalog of
construction
9tasksend delete
10complete the project scope of work, together with the appropriate
11quantities of each task. The pricing of each task shall be
12accomplished by multiplying the construction task unit price by
13the proposed quantity and the contractor’s competitively bid
14adjustment factor. The proposal shall also contain a schedule for
15the completion of a specific project scope of work as requested by
16the school district. The proposal may also contain approved
17drawings, work schedule, permits, or other documentation as the
18school district may require for a specific job order.
37 19(n)
end delete
20begin insert(m)end insert “Public works” has the same meaning as in Chapter 1
21(commencing with Section 1720) of Part 7 of Division 2 of the
22Labor Code.
P5 1 23(o)
end delete
24begin insert(n)end insert “Public works project” has the same meaning as “public
25project,” as defined in Section 22002.
3 26(p)
end delete
27begin insert(o)end insert “Subcontractor” means any person, firm, or corporation,
28other than the employees of the job order contractor, who is bonded
29and general liability insured and who contracts to furnish labor,
30or labor and materials, at the worksite or in connection with a job
31order, whether directly or indirectly on behalf of the job order
32contractor.
9 33(q)
end delete
34begin insert(p)end insert “School district” means any schoolbegin delete district other than the begin insert
district.end insert
35Los Angeles Unified School District.end delete
36(q) “Unit price catalog” means a book containing specific
37construction tasks and the unit prices to install or demolish that
38construction. The listed tasks shall be based on generally accepted
39industry standards and information, where available, for various
40items of work to be performed by the job order contractor. The
P6 1prices shall include the cost of materials, labor, and equipment
2for performing the items of work. The prices shall not include
3overhead and profit. All unit prices shall be developed using local
4prevailing wages.
Nothing in this article or in this code shall prohibit
6the school district from utilizing job order contracting, as an
7alternative to any contracting procedures that the school district
8is otherwise authorized or required by law to use.
(a) The school district may utilize job order
10contracting pursuant to this article only if the school district has
11entered into a project labor agreement or agreements that will apply
12to all public works in excess of twenty-five thousand dollars
13($25,000) undertaken by the school district through at least
14December 31, 2021, regardless of what contracting procedure is
15used to award that work.
16(b) The school district shall prepare an execution plan for all
17modernization projects that may be eligible for job order
18contracting pursuant to this article. The school district shall select
19from that plan a sufficient number of projects to be initiated as job
20order
contracts during each calendar year and shall determine for
21each selected project that job order contracting will reduce the
22total cost of that project. Job order contracting shall not be used if
23the school district finds that it will increase the total cost of the
24project.
Bidding for job order contracts shall progress as
26follows:
27(a) (1) The school district shall prepare a set of documents for
28begin delete each job order contract.end deletebegin insert job order contracts.end insert The documents shall
29includebegin delete a catalog of construction tasksend deletebegin insert a unit price catalogend insert and
30preestablished unit prices, job order contract technical
31
specifications, and any other information deemed necessary to
32describe adequately the school district’s needs.
33(2) Any architect, engineer, or consultant retained by the school
34district to assist in the development of the job order contract
35documents shall not be eligible to participate in the preparation of
36a bid with any job order contractor.
37(b) Based on the documents prepared under subdivision (a), the
38school district shall prepare a request for bid that invites
39prequalified job order contractors to submit competitive sealed
40bids in the manner prescribed by the school district.
P7 1(1) (A) The prequalified job order contractors, as determined
2by the school district, shall bid one or more adjustment factors to
3the
unit prices listed in thebegin delete catalog of construction tasksend deletebegin insert unit price
4catalogend insert based on the job order contract technical specifications.
5Awards shall be made to the prequalifiedbegin delete bidderend deletebegin insert biddersend insert that the
6school district determines to be the most qualified based upon
7preestablished criteria made by the school district. The prequalified
8begin delete bidderend deletebegin insert biddersend insert must be in compliance with the school district’s
9project
labor agreement.
10(B) Compliance shall constitute no more than three major
11violations on any school district projects within the last three years.
12If a contractor has more than three violations within a three-year
13period of time, the school district shall seek administrative review
14of the violations. Violations will include, but are not limited to,
15the following:
16(i) Failure to register core workers with the appropriate building
17trade union.
18(ii) Failure to assign apprentices in accordance with Section
191777.5 of the Labor Code.
20(iii) Failure to comply with subdivision (c) of Section 20919.25.
21(iv) Incorrect assignment of work in accordance with the school
22district’s project labor agreement.
23(2) The school district may award multiple job orderbegin delete contracts. begin insert contracts through a request for bid. Job
24Each job order contractend delete
25order contractsend insert shall be awarded to the most qualified prequalified
26begin delete bidderend deletebegin insert biddersend insert described inbegin delete paragraph (1).end deletebegin insert this subdivision.end insert
27(3) The request for bids may encourage the participation of local
28construction firms and the use of local subcontractors.
29(c) (1) The school district shall establish a procedure to
30prequalify job order contractors using a standard questionnaire
31that includes, at a minimum, the issues covered by the standardized
32questionnaire and model guidelines for rating bidders developed
33by the Department of Industrial Relations pursuant to subdivision
34(a) of Section 20101. This questionnaire shall require information
35including, but not limited to, all of the following:
36(A) If the job order contractor is a partnership, limited
37partnership, or other association, a listing of all of the partners or
38association
members known at the time of bid submission who
39will participate in the job order contract.
P8 1(B) Evidence that the members of the job order contractor have
2the capacity to complete projects of similar size, scope, or
3complexity, and that proposed key personnel have sufficient
4experience and training to competently manage the construction
5of the project, as well as a financial statement that assures the
6school district that the job order contractor has the capacity to
7complete the project.
8(C) The licenses, registration, and credentials required to
9perform construction, including, but not limited to, information
10on the revocation or suspension of any license, credential, or
11registration.
12(D) Evidence that establishes that
the job order contractor has
13the capacity to obtain all required payment and performance
14bonding and liability insurance.
15(E) Information concerning workers’ compensation experience
16history, worker safety programs, and apprenticeship programs.
17(i) An acceptable safety record as determined by the school
18district. In its determination, the school district shall consider, but
19is not required to find, a contractor’s safety record as acceptable
20if its experience modification rate for the most recent three-year
21period is an average of 1.00 or less, and its average total recordable
22injury/illness rate and average lost work rate for the most recent
23three-year period do not exceed the applicable statistical standards
24for its business category or if the contractor is a party to an
25alternative
dispute resolution system as provided for in Section
263201.5 of the Labor Code.
27(ii) Skilled labor force availability as determined by the
28existence of an agreement with a registered apprenticeship program,
29approved by the California Apprenticeship Council, that has
30graduated apprentices in each of the preceding five years. This
31graduation training for any craft that was first deemed by the
32Department of Labor and the Department of Industrial Relations
33to be an apprenticeable craft within the five years prior to the
34effective date of this article.
35(F) A full disclosure regarding all of the following that are
36applicable:
37(i) Any serious or willful violation of Part 1 (commencing with
38Section 6300) of Division 5
of the Labor Code or the federal
39Occupational Safety and Health Act of 1970 (Public Law 91-596),
40settled against any member of the job order contractor.
P9 1(ii) Any debarment, disqualification, or removal from a federal,
2state, or local government public works project.
3(iii) Any instance where the job order contractor, or its owners,
4officers, or managing employees submitted a bid on a public works
5project and were found to be nonresponsive, or were found by an
6awarding body not to be a responsible bidder.
7(iv) Any instance where the job order contractor, or its owners,
8officers, or managing employees defaulted on a construction
9contract.
10(v) Any violations of the
Contractors’ State License Law
11(Chapter 9 (commencing with Section 7000) of Division 3 of the
12Business and Professions Code), excluding alleged violations of
13federal or state law regarding the payment of wages, benefits,
14apprenticeship requirements, or personal income tax withholding,
15or of Federal Insurance Contribution Act (FICA) withholding
16requirements settled against any member of the job order
17
contractor.
18(vi) Any bankruptcy or receivership of any member of the job
19order contractor, including, but not limited to, information
20concerning any work completed by a surety.
21(vii) Any settled adverse claims, disputes, or lawsuits between
22the owner of a public works project and any member of the job
23order contractor during the five years preceding submission of a
24bid under this article, in which the claim, settlement, or judgment
25exceeds fifty thousand dollars ($50,000). Information shall also
26be provided concerning any work completed by a surety during
27this period.
28(G) In the case of a partnership or any association that is not a
29legal entity, a copy of the agreement creating the partnership or
30association
and specifying that all partners or association members
31agree to be fully liable for the performance under the job order
32contract.
33(2) The information required under this subdivision shall be
34verified under oath by the entity and its members in the manner
35in which civil pleadings in civil actions are verified. Information
36that is not a public record under the California Public Records Act
37(Chapter 3.5 (commencing with Section 6250) of Division 7 of
38Title 1 of the Government Code) shall not be open to public
39inspection.
(a) The maximum total dollar amount that may be
2awarded under a single job order contract shall not exceed five
3million dollars ($5,000,000) in the first term of the job order
4contract and, if extended orbegin delete renewed,end deletebegin insert renewed pursuant to
5subdivision (b), a maximum ofend insert ten million dollars ($10,000,000)
6over thebegin delete maximumend deletebegin insert subsequentend insert two terms of the job orderbegin delete contract begin insert
contract.end insert
7adjusted annually to reflect the percentage change in the California
8Consumer Price Index.end delete
9(b) Job order contracts may be executed for an initial contract
10term of no more than 12 months, with the option of extending or
11renewing the job order contract for two 12-month periods. The
12term of the job order contract shall be for the contract term or
13whenever the maximum value of the contract is achieved,
14whichever is less. All extensions or renewals shall be priced as
15provided in the request for bids. The extension or renewal shall
16be mutually agreed to by the school district and the job order
17contractor.
18(c) The school district may issue job orders to the job order
19contractor that has been awarded the job order contract. The job
20order issued to the job order contractor shall not commence for
21seven days from the time
the job order was issued and the job order
22contractor shall provide a minimum of sevenbegin delete daysend deletebegin insert daysend insertbegin insert’end insert notice for
23the addition of any subcontractor or substitution of any
24subcontractor as described in subdivision (e) of Section 20919.26.
25The job order shall be based on a project scope of work prepared
26by the school district as well as a proposal from the job order
27contractor who is awarded the job order contract. No single job
28order may exceed one million dollars ($1,000,000).
29(d) The amounts specified in subdivisions
(a) and (c) shall be
30adjusted on January 1, 2016, as if this section was operative
31beginning January 1, 2004, to reflect the percentage change in
32the California Consumer Price Index, and shall be adjusted each
33January 1 thereafter to reflect the percentage change in the
34California Consumer Price Index.
31 35(d)
end delete
36begin insert(e)end insert It is unlawful to split or separate into smaller job orders any
37project for the purpose of evading the cost limitation provisions
38of this chapter.
34 39(e)
end delete
P11 1begin insert(f)end insert All work performed under the job order contract shall be
2covered by a project labor agreement.
36 3(f)
end delete
4begin insert(g)end insert Any change or alteration to a job order shall be in compliance
5with Section 20118.4.
(a) All work bid under the job orderbegin insert contractend insert shall
7comply with Chapter 4 (commencing with Section 4100) of Part
81 and is subject to all of the penalties and provisions set forth in
9that chapter.
10(b) For purposes of this article, if the primary job order
11contractor chooses to use subcontractors, the primary job order
12contractor is required to verify that the subcontractors possess the
13appropriate licenses and credentials required to perform
14construction.
15(c) Notwithstanding subdivision (a), the primary
job order
16contractor may use subcontractors that are not listed at the time
17the job order is issued if the work to be performed under that job
18order is less than ten thousand dollars ($10,000).
19(d) If the primary job order contractor chooses to use a
20subcontractor that is not listed at the time of bid to perform work
21on a job order,begin delete bothend deletebegin insert allend insert of the following apply:
22(1) The primary job order contractor shall provide public notice
23of the availability of work to be subcontracted by trade. The public
24notice shall include the scope of work; the project location; the
25name, address, and the telephone number of the primary
job order
26contractor; and the closing date, time, and location for sealed bids
27to be submitted.
28(2) The primary job order contractor shall take sealed bids from
29the subcontractors solicited for the proposal. These bids shall be
30publicly opened at a prescribed time and place by the primary job
31order contractor. After the bids are opened, the job order contractor
32shall notify the school district which subcontractor was selected.
33(3) The notification shall include every subcontractor for all
34tiers and must establish the authorized subcontractor list for the
35job order. Work shall not commence prior to sevenbegin delete daysend deletebegin insert daysend insertbegin insert’end insert
36
notice of the established subcontractor list and the subsequent
37addition of any subcontractor to the job order.
38(4) The notification shall identify the scope of the work to be
39performed by each subcontractor to the job order, broken down
P12 1by craft. If a subcontractor performs multiple crafts, the job order
2contractor shall identify the work of each craft to be performed.
3(e) If the primary job order contractor chooses to make a
4substitution to the subcontractor list, the primary job order
5contractor shall provide a minimum of seven days’ notice to the
6school district along with justification as to the need for the
7substitution. The school district may request a hearing to evaluate
8the substitution request, which shall be in accordance with Chapter
94
(commencing with Section 4100) of Part 1.
10(f) If the school district determines that there has been a violation
11of Chapter 4 (commencing with Section 4100) of Part 1, including
12bid shopping by the primary job order contractor, the school district
13may terminate the job order or the contractor may lose
14authorization to proceed with awarded work subject to the school
15district’s administrative due process review, if such review is
16established pursuant to the school district’s project labor agreement.
17If the school district determines that a job order contractor has
18violated any provision set forth in Chapter 4 (commencing with
19Section 4100) of Part 1, the school district may declare the
20contractor ineligible for future job orders and may result in a loss
21of prequalification status for a period of time to be determined by
22the school
district.
(a) A job order contract shall set forth in the general
24conditions of the job order contract the party or parties responsible
25for seeing that the provisions of Article 2 (commencing with
26Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor
27Code are complied with.
28(b) For purposes of job order contracting, prevailing wages
29when required to be paid shall apply to all work ordered under the
30job order contract regardless of thresholds set forth in Section
311771.5 of the Labor Code.
32(c) The job order contractor shall pay the prevailing wage in
33effect at the time the job order is issued by the
school district and
34all increases as published by the Department of Industrial Relations
35for the term of the job order contract, including all overtime,
36holiday, and shift provisions published by the Department of
37Industrial Relations.
38(d) The school district shall designate one individual to act as
39a monitor to inspect job sites for labor compliance violations at
P13 1the request of the designated labor representative in its project
2labor agreement.
A willful violation of Section 20919.26 occurs when
4the job order contractor or subcontractor knew or reasonably should
5have known of his or her obligations under the public works law
6and deliberately fails or refuses to comply with its provisions. The
7school district using job order contracting shall publish and
8distribute to the Labor Commissioner a list of all job order
9contractors or subcontractors who violate this provision and the
10school district shall not award a job order contract or any future
11job orders under an existing job order contract to any contractor
12or subcontractor who violates this provision during the effective
13period of debarment of the contractor or subcontractor.
For purposes of employment of apprentices on job
15order contracts, when the individual job order involves more than
16thirty thousand dollars ($30,000) or 20 working days, all general
17contractors or subcontractors shall at all times be in compliance
18with Section 1777.5 of the Labor Code and shall comply with the
19following:
20(a) Prior to commencing work on an individual job order, every
21contractor shall submit job order award information to an
22applicable apprenticeship program that can supply apprentices to
23the site of the job order. The information submitted shall include
24an estimate of the journeyman hours to be performed under the
25contract, the number of apprenticeships proposed to be
employed,
26and the approximate dates the apprentices would be employed. A
27copy of this information shall also be submitted to the awarding
28agency if requested by the awarding agency.
29(b) The ratio of work performed by apprentices to journeymen
30employed in a particular craft or trade on the job order may be no
31higher than the ratio stipulated in the apprenticeship standard under
32which the apprenticeship program operates where the job order
33contractor agrees to be bound by those standards but, except as
34otherwise provided in Section 1777.5 of the Labor Code, in no
35case shall the ratio be less than one hour of apprenticeship work
36for every five hours of journeyman work.
37(c) Every apprentice employed under the job order contract shall
38be paid the prevailing rate of per diem wages for
apprentices in
39the trade to which he or she is registered and shall be employed
P14 1only at the work of the craft or trade to which he or she is
2registered.
3(d) Every apprentice employed under the job order contract
4shall be hired from the local joint labor management apprenticeship
5committee that has jurisdiction in the geographic area of the
6project.
A job order contractor or subcontractor that
8knowingly violates the provisions involving employment of
9apprentices shall forfeit as a civil penalty an amount not exceeding
10one hundred dollars ($100) for each full calendar day of
11noncompliance. The amount of this penalty shall be based on
12consideration of whether the violation was a good faith mistake
13due to inadvertence. A contractor or subcontractor that knowingly
14commits a second or subsequent violation of the provisions
15involving employment of apprentices within a three-year period
16where the noncompliance results in apprenticeship training not
17being provided as required, shall forfeit as a civil penalty a sum
18of not more than three hundred dollars ($300) for each full calendar
19day of
noncompliance and shall not be awarded any further job
20orders under the job order contract and shall be precluded for a
21period of one year from bidding on any future job order contracts.
In order to prevent fraud, waste, and abuse, the
23school district adopting job order contracting shall do all of the
24following:
25(a) Prepare for each individual job order developed under a job
26order contract an independent school district estimate. The estimate
27will be prepared prior to the receipt of the contractor’s offer to
28perform work and will be compared to the contractor’s proposed
29price to determine the reasonableness of that price before issuance
30of any job order. The basis for any adjustments to the school district
31estimate is to be documented. In the event that the contractor’s
32proposal for a given job order is found to be unreasonable, not cost
33effective, or undesirable,
the school district is under no obligation
34to issue the job order to the job order contractor, and may instead
35utilize any other available procurement procedures.
36(b) The school district shall not issue a job order until the job
37order has been reviewed and approved bybegin delete at least two levelsend deletebegin insert the
38appropriate levelend insert of management.
39(c) Once a job order has been issued, all documents pertaining
40to preparation and approval of the job order, including the
P15 1independent school district estimate, shall be available for public
2review.
If the school district adopts the job order contracting
4process, the school district shall submit to the Office of Public
5School Construction in the Department of General Services, the
6Senate Committee on Business, Professions and Economic
7Development and Assembly Committee on Business, Professions
8and Consumer Protection, the Senate and Assembly Committees
9on Education, and the Joint Legislative Budget Committee before
10December 31, 2019, a report containing a description of each job
11order contract procured, and the work under each contract
12completed on or before June 30, 2019. The report shall be prepared
13by an independent third party and the school district shall pay for
14the cost of the report. The report shall include, but not be limited
15to,
all of the following information:
16(a) A listing of all projects completed under each job order
17contract.
18(b) The job order contractor that was awarded each contract.
19(c) The estimated and actual project costs.
20(d) The estimated procurement time savings.
21(e) A description of any written protests concerning any aspect
22of the solicitation, bid, proposal, or award of the job order contract,
23including, but not limited to, the resolution of the protests.
24(f) An assessment of the prequalification process and criteria.
25(g) A description of the labor force compliance program required
26under Section 20919.24, and an assessment of the impact on a
27project where compliance with that program is required.
28(h) Recommendations regarding the most appropriate uses for
29the job order contract process.
If, after 30 days from receipt of the invoice, a
31contract has not been paid, the contractor shall contact the
32designated school district employee to resolve payment. If the
33contact with the school district’s designee does not provide full
34payment within three business days, the contractor may request a
35special convening of the payment resolution committee.
36(a) The payment resolution committee shall be composed of a
37representative of the contractor, a representative from labor, a
38representative designated by the director of facilities within the
39school district, and a representative designated by the director of
40facilities support services within the school district.
P16 1(b) After convening, the committee shall make its
2recommendation of payment within three business days.
A school district that adopts the job order
4contracting process shall also adopt a payment resolution process
5which may include, but not be limited to, the convening of a
6payment resolution committee.
This article shall remain in effect only until January
81, 2022, and as of that date is repealed, unless a later enacted
9statute, that is enacted before January 1, 2022, deletes or extends
10that date.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
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