(a) (1) The construction of a statewide open-access middle-mile broadband network under design-build authority is exempt from the design-build procurement authorization limit of subdivision (a) of § 6821 of the Public Contract Code.

(2) Notwithstanding subdivision (a) of § 6829 of the Public Contract Code, the design-build procurement authorization under Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code shall remain in effect for purposes of the statewide open-access middle-mile broadband network after January 1, 2024, until the completion of the broadband network.

(b) (1) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may use the Construction Manager/General Contractor method under Chapter 6.3 (commencing with Section 6700) of Part 1 of Division 2 of the Public Contract Code for the construction of the broadband network.

(2) The dollar value limitation on the Construction Manager/General Contractor method as specified in paragraph (1) of subdivision (b) of § 6701 of the Public Contract Code does not apply to the statewide open-access middle-mile broadband network.

(c) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may use job order contracting to construct the broadband network as follows:

(1) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract.

(2) The documents prepared pursuant to paragraph (1) 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 office’s or the entity’s needs.

(3) Based on the documents prepared pursuant to paragraph (1), the office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the office or the entity.

(4) 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 office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, and the job order contractor.

(5) Any job order contractor that is selected to construct a project pursuant to this subdivision shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may require.

(d) This section is not intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.

(e) Any construction of the statewide open-access middle-mile broadband network performed by the Department of Transportation and any moneys received as reimbursement for the work are not transportation funds subject to Sections 182 and 183 of the Streets and Highways Code.

(Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)