Article 4.5 - Job Order Contracting

California Public Utilities Code — §§ 100157-100157.9

Sections (4)

Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.

For purposes of this article, the following definitions apply:

(a)“Job order contract” means an indefinite-quantity contract for repair, remodeling, or other repetitive work to be done according to unit prices.

(b)“Typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project.

(c)“Unit price” means the amount paid for a single unit of an item of work.

§ 100157.5

Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.

(a)The VTA may enter into a job order contract.

(b)The VTA shall not enter into a job order contract for work that is protected by collective bargaining agreements.

(c)The VTA shall not enter into a job order contract for new construction.

(d)The VTA may enter into a job order contract only if the job order

contract, and the task orders within the contract, is subject to the project labor agreement between the VTA and the Santa Clara and San Benito Counties Building and Construction Trades Council, unless otherwise exempted by that project labor agreement.

(e)The VTA shall only enter into a job order contract with the lowest responsible and responsive bidder, based on the bidder’s plans and specifications for typical work.

(f)A single job order contract shall not exceed five million dollars ($5,000,000) in the first term of the job order contract and, if

extended or renewed, ten million dollars ($10,000,000) over the maximum of two extended terms of the job order contract.

(g)(1) The VTA may execute a job order contract for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two additional 12-month periods. An extension or renewal shall be priced as provided in the invitation for bids. An extension or renewal shall be mutually agreed to by the VTA and the contractor pursuant to the job order contract.

(2)The job order contract shall specify that its term will not exceed the contract term or the date that the maximum value of the contract is achieved, whichever is earlier.

§ 100157.7

Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.

(a)(1) If the VTA acts pursuant to the authorization in subdivision (a) of Section 100157.5, then the VTA, on or before January 1, 2027, shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of job order contracting under this article.

(2)The report shall include, but not be limited to, all of the following information:

(A)A description of the VTA’s system for evaluating job order contract bids for award of job order contracts, including, but not limited to, the criteria used by the VTA to determine a qualified and responsive job

order contractor.

(B)A description of each job order contract awarded and the contractor awarded the contract.

(C)An assessment of the use of job order contracting under this article.

(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

§ 100157.9

Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5 commencing with Sec. 100157.

This article shall remain in effect only until January 1, 2028, and as of that date is repealed.