California Streets and Highways Code 91.43 – (a) The department may use job order contracting to construct …
(a) The department may use job order contracting to construct projects through the Clean California State Beautification Program of 2021 as follows:
(1) The department shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract. The documents shall include all of the following:
Terms Used In California Streets and Highways Code 91.43
- Construction: includes :
California Streets and Highways Code 29
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
(A) A unit book of construction tasks with preestablished unit prices.
(B) Job order contract specifications.
(C) Any other information deemed necessary to adequately describe the department’s needs.
(2) Based on the documents prepared pursuant to paragraph (1), 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.
(3) 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. An extension or renewal shall be mutually agreed to by the department and the job order contractor.
(4) 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 department may require.
(5) Nothing in this subdivision is intended to affect, expand, alter, or limit any rights or remedies otherwise available by law.
(b) Project funds received pursuant to the Clean California Local Grant Program of 2021, the Clean California State Beautification Program of 2021, and any funds received by the department as reimbursement for project work under these programs shall not be considered transportation funds subject to Sections 182 and 183.
(c) The Legislature finds that it is in the best interest of the state to facilitate the quick and efficient purchase of vehicles and related equipment, goods, and systems. Notwithstanding § 10295.2 of the Public Contract Code and § 13332.09 of the Government Code, the department is hereby delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department’s supplemental Fleet Acquisition Plan Fiscal Year 2021-22 for the acquisition of 269 medium- and heavy-duty vehicles and equipment to support litter abatement.
(d) As part of the 2022-23 and 2023-24 budgets, the department shall report to the Legislature on the Clean California Local Grant Program of 2021 and the Clean California State Beautification Program of 2021, including, but not limited to, the vehicles and equipment purchased pursuant to subdivision (c), cubic yards of litter collected, the locations and types of projects, and any other important project or program outcomes.
(Added by Stats. 2021, Ch. 81, Sec. 18. (AB 149) Effective July 16, 2021.)