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Chapter 6 shall govern Public Work or Improvement contracting policies and procedures, including the procurement of professional design, consulting and construction management services for Public Work or Improvement projects.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
Advertisement For Bid. An Advertisement For Bid is a set of documents which includes without limitation the published Advertisement for Bids on a construction Contract; the forms to be submitted with a Bid, as required by the contracting department and CMD; the construction Contract general and special conditions; and the plans and specifications for the Public Work or Improvement.
Award. The action taken by the City in conformance with the Administrative Code and the Charter to enter into a Contract pursuant to this Chapter 6.
(a) For Contracts in excess of the Threshold Amount, a Contract is awarded by the City when the following events have occurred:
(1) For departments under the Mayor, the Mayor has approved the Contract for Award; and the Department Head has then issued an order of Award;
(2) For departments empowered to contract for Public Works or Improvements with boards or commissions, the Department Head has recommended to the board or commission concerned a Contract for Award; and such board or commission has then adopted a resolution awarding the Contract.
(b) For Contracts less than or equal to the Threshold Amount, a Contract is awarded when the Department Head either signs the Contract or issues an order of Award, whichever occurs first. Pursuant to Charter Section 3.105, all Contract Awards are subject to certification by the Controller as to the availability of funds.
Bid. A sealed document submitted in response to an Advertisement For Bids. No Bid shall be deemed accepted by the City until such time as the Contract is awarded in accordance with this Chapter 6.
Bidder. One who submits a Bid in response to an Advertisement For Bids.
City. The City and County of San Francisco.
Construction Manager. Any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to furnish construction management services to the City.
Contract. For the purposes of this Chapter, a Contract is an agreement in writing between the City and any party to perform professional design services, consultant services, construction management services or construction services relative to a Public Work or Improvement. No Contract shall be deemed awarded, effective or binding on the City until such time as the requirements for Award are met, as provided in this Chapter 6.
Contract Monitoring Division (“CMD”). A division of the Office of the City Administrator to which the City Administrator has delegated responsibility to implement Administrative Code Chapter 14B.
Contractor. A party who contracts directly with the City to perform professional design services, consultant services, construction management services or construction services relevant to a Public Work or Improvement. A Contractor performing construction services may also be referred to as a "General Contractor" or a "Prime Contractor."
Department Head. The duly appointed General Manager, Director, or Executive Director of a City department authorized to perform Public Work or Improvements under Section 6.2. For purposes of this Chapter 6 only, a Department Head may designate an individual to execute on the Department Head’s behalf any document referenced in this Chapter 6, including but not limited to Contracts, change orders, modifications, service orders, task orders, approvals, progress payments, and certificates of acceptance. Such designation shall be in writing and shall identify the individual by name and title and the scope and term of the designation.
Government Entity. Has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time.
Integrated Furniture, Fixtures, and Equipment (“IFF&E”). Furniture, fixtures, and/or equipment that require integration that significantly affects the building design and/or the design of interior renovation of a Public Work or Improvement due to physical dimension, power connection, or data communication, and/or coordination with construction trades, including but not limited to, electrical, plumbing, mechanical, or building controls.
Mayor. The Mayor of the City and County of San Francisco or the Mayor’s designee, provided that the designee is not the Department Head of the department concerned in the particular matter that the Mayor is responsible for reviewing.
Public Work or Improvement. Any erection, construction, renovation, alteration, improvement, demolition, excavation, installation, or repair of any public building, structure, infrastructure, bridge, road, street, park, dam, tunnel, utility, or similar public facility performed by or for the City, the cost of which is to be paid wholly or partially out of moneys deposited in the Treasury of the City. A Public Work or Improvement may include IFF&E.
Quote or Quotation. A statement or proposal setting out the estimated cost for work or services submitted in response to a request for a quote from a department for work or services on a Public Work or Improvement.
Responsible or Responsibility. A Bidder 1 General Contractor, or Prime Contractor for a Public Work or Improvement, that:
(a) meets the qualifying criteria required for a particular project, including without limitation the expertise, experience, record of prior timely performance, license, resources, and bonding and insurance capability necessary to perform the work under the Contract; and
(b) at all times deals in good faith with the City and submits bids, estimates, invoices, claims, requests for equitable adjustments, requests for change orders, requests for Contract modifications, or requests of any kind seeking compensation on a City Contract only upon a good faith honest evaluation of the underlying circumstances and a good faith, honest calculation of the amount sought; and
(c) substantiates its record of safe performance on construction projects, including but not limited to consideration of federal or state Occupational Safety and Health Administration (“OSHA”) violations and work place fatalities, including OSHA citations under appeal, in accordance with regulations issued by the City Administrator.
Responsive. A Bid or proposal that complies with the requirements of the subject Advertisement For Bids or request for proposals and/or qualification without condition or qualification.
Threshold Amount. The Threshold Amount, for the purposes of this Chapter 6, is $1,000,000. For every five-year period starting with January 1, 2020-December 31, 2024, the Controller shall recalculate the Threshold Amount to reflect any proportional increase in the Urban Regional Consumer Price Index from January 1, 2020, rounded to the nearest $10,000. The Threshold Amount as recalculated by the Controller shall take effect by operation of law on January 1 of the first year of the next five-year period (thus, for example, on January 1, 2025 following the five-year period ending December 31, 2024).
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 208-02, File No. 021221, App. 10/18/02; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 96-10, File No. 100332, App. 5/13/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 113-20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 203-21, File No. 210835, App. 11/12/2021, Eff. 12/13/2021, Oper. 7/1/2022; Ord. 107-24, File No. 240301, App. 5/24/2024, Eff. 6/24/2024; Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
CODIFICATION NOTE
Except as otherwise provided, the departments or commissions empowered on behalf of the City to contract for Public Works or Improvements or professional services related to a Public Work or Improvement are San Francisco Public Works, the Municipal Transportation Agency, and the Airport, Port, Public Utilities, and Recreation and Park Commissions. All other departments or commissions must procure construction or related professional services through San Francisco Public Works.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 118-00, File No. 000478, App. 6/2/2000; Ord. 58-05, File No. 041571, App. 4/1/2005Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
(a) Public Work or Professional Service Contracts Less Than or Equal to the Threshold Amount. The Department Head may award any construction Contract or professional services Contract of less than or equal to the Threshold Amount. For such Contracts, approval of the Mayor, commission or board concerned is not required.
(b) Public Work or Professional Service Contracts in Excess of the Threshold Amount.
(1) Departments Under the Mayor. For departments under the Mayor, the Mayor shall approve for Award all Public Work and professional service Contracts in excess of the Threshold Amount and the Department Head may then issue an order of Award.
(2) Departments Under Boards or Commissions. For departments empowered to contract for Public Works or Improvements, the Department Head shall recommend to the board or commission concerned the Award of all Public Work and professional service Contracts in excess of the Threshold Amount and such board or commission may then adopt a resolution awarding the Contract.
(c) Certification Required. In accordance with Section 3.105
of the Charter, all Contract Awards are subject to certification by the Controller as to the availability of funds.
(d) Execution of Contracts. Following all necessary approvals, orders or resolutions and execution by the Contractor, the Department Head shall execute all Contracts, modifications and change orders. All paper transactions under this Chapter 6 shall be executed in duplicate. All electronic transactions shall be executed in accordance with Section 21.06 of the Administrative Code.
(a) Local preference. Whenever any preference in favor of local manufacturers or industry is provided by State law or ordinance or resolution of the Board of Supervisors, the same shall apply to Contracts under this Chapter.
(b) Recycled Content Materials.
(1) Requirement. The Department Head or officer calling for Bids shall specify recycled content materials, rather than virgin materials, to the maximum extent feasible in the Advertisement for Bids and plans for all Contracts for Public Works or Improvements.
(2) Definitions. For the limited purpose of this subsection, the following terms shall have the following meanings: (A) "feasible" means that recycled content materials meet the requirements of the California Building Code or other adopted standards or regulations for each of the materials and its intended use, are permitted to be used in the manner specified in the Bid specifications under Federal, State, and local law, are available within the project's time line, and are comparable in price to virgin materials, and (B) "recycled content materials" means a building component utilized in place of raw or virgin material that is either reclaimed for reuse from a prior structure or assembly, or a building material or component manufactured in part from waste materials and/or by-products recovered or diverted from solid waste, excluding those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(3) Department of the Environment, Reports. Departments shall (A) consult with the Department of the Environment regarding available recycled content products that meet the needs of the department; and (B) include information on recycled content material used on Public Works Contracts in the annual reporting to the Department of the Environment specified in the Environment Code.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; Ord. 53-07, File No. 070083, App. 3/23/2007; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
(a) Application of Administrative Code Chapter 14B and Labor and Employment Code and . Notwithstanding any other provision of the Administrative Code and Labor and Employment Code, all Contracts awarded under this Chapter 6 shall be awarded in accordance with the applicable requirements and procedures established in this Chapter, Administrative Code Chapter 14B, and Labor and Employment Code and .
(b) Review by the Contract Monitoring Division. The Contract Monitoring Division (CMD) shall review all Contracts under this Chapter to determine compliance with Administrative Code Chapter 14B and Labor and Employment Code and . Such review shall occur as soon as practicable, but prior to Award of any such Contract.
CMD may waive the review of any Contract subject to this Chapter. CMD shall transmit a memorandum to the City Administrator as soon as possible reporting such waiver. CMD's memorandum regarding the review waiver shall be a public document. The City Administrator may disapprove CMD's decision to waive review. The City Administrator's decision to disapprove must be made within 30 days of receipt of CMD's memorandum but in no event subsequent to the Award of any Contract. Failure to complete the review of any Contract within 60 days of the date Bids are received by the City shall constitute a waiver under this subsection 6.5(b).
Any duties required of the City Administrator under this subsection 6.5(b) may be delegated by the City Administrator to the CMD Director.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
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