(a) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation and public works projects when it is anticipated that the use of this method will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method. It is the intent of the Legislature that this contracting method will improve the efficiency and efficacy of contracted work and not supplant work completed by the departmentâs field maintenance employees. (b) (1) The department may use the procurement method outlined in this article for job order contracts. (2) A job order contract of the department shall be competitively bid and awarded to the lowest bidder providing a qualified responsive bid. (c) (1) The department may use job order contracting, consistent with this article, when undertaking the following projects: (A) Highway maintenance or safety projects, including, but not limited to, bridge deck sealing, bridge and asphalt pavement overlays, concrete pavement slab work, repair and replacement of active transportation and complete streets facilities, joint seals, installation of new traffic safety devices, rumble strips, and traffic control devices, and other safety, bridge repair, or highway repair projects that are basic and repetitive. (B) Traffic management and detection system installation, replacement, and repair. (C) Tree removal. (D) Clearing and grubbing. (E) Culvert installation and repairs. (F) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the federal Americans with Disabilities Act of 1990 (Public Law 101â336). (G) Facility repairs, including, but not limited to, building maintenance. (H) Installation of stormwater pollution control devices. (I) Safety barriers. (2) No job order contract may be awarded for adding vehicular travel lanes. (3) The department shall, when undertaking job order contracting for the projects specified in paragraph (1), establish a procedure to prequalify job order contractors for projects and shall prepare a set of documents for each job order contract. The documents shall include all of the following: (A) A unit price catalog of construction tasks with preestablished unit prices. (B) Job order contract specifications. (C) Any other information deemed necessary to adequately describe the departmentâs needs. (4) Based on the documents prepared under paragraph (3), the department shall develop a system for evaluating job order contract bids for the award of job order contracts. The award of a job order contract shall progress as follows: (A) The department shall prepare a request for bids for job order contracts based on the documents prepared under paragraph (3) that invites prospective contractors to submit sealed bids in the manner prescribed by the department. (B) Each bidding contractor shall include in its bid one or more adjustment factors to the established unit prices provided in the request for bids based on the advertised technical specifications. (C) Each bidding job order contractor shall identify any subcontractors to be used for the job orders performed pursuant to the awarded job order contract pursuant to Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (D) The award of job order contracts, if any, shall be made to one or more job order contractors that the department determines to be qualified and responsive based upon preestablished criteria to be determined by the department. (5) Any job order contractor that is selected for 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. (6) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law. (d) Notwithstandin
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