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(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)
(a) Time for Award. For all Contracts that are fully or partially funded by Federal or State grants, loans, or other governmental source, the department concerned shall not be required to award such Contracts until 120 days from the date Bids are received. Such time may only be extended prior to award of the Contract and only upon (1) written agreement of the apparent Responsible Bidder with the lowest Responsive Bid; (2) approval by the Mayor or by resolution of the board or commission concerned; and (3) any necessary approvals of the Federal, State, or other governmental funding agency.
(b) Contract Terms. In all Contracts for the construction of any Public Work or Improvement which involves the use of any funds furnished, given, or loaned by the government of the United States or the State of California, all laws, rules, and regulations of the government of the United States or the State of California or of any of its departments relative to the performance of such work and the conditions under which the work is to be performed, shall prevail over the requirements of this Chapter 6 when such laws, rules, or regulations are in conflict.
(c) Government Entity Agreements. As set forth in Section 1.25 of this Code, any department listed in Section 6.2 of this Code may enter into a Contract with a Government Entity, including for work related to a Public Work or Improvement, to be performed by the Government Entity on City-owned property. Contracts with a Government Entity are exempt from the solicitation requirements imposed by Chapters 6 and 14B of this Code. Contracts with a Government Entity are not subject to the provisions of the Municipal Code, including but not limited to the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors. This subsection (c) applies to all Contracts with Government Entities entered into under this Chapter 6, however such Contracts are titled, including but not limited to any agreement, memorandum of understanding, or similar instrument memorializing mutual obligations between the City and a Government Entity or Government Entities.
Any Public Works or related professional services Contract or subcontract that is not awarded in accordance with the requirements or which does not comply with the provisions of this Chapter 6 shall be null and void; and no recovery shall be had thereon. Any officer, board or commission who shall sign, execute or approve such a Contract shall be deemed guilty of misfeasance in office.
(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. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
If any provision of this Chapter 6 or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of this Chapter 6 which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter 6 are declared to be severable.
(Added by Ord. 7-02, File No. 011675, App. 1/25/2002; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
Except as otherwise expressly provided by law or Contract, no subcontractor, subconsultant, supplier, or other person or business entity shall be a third-party beneficiary to any Contract awarded in accordance with this Chapter 6, or to any modification or any resolution of any claim arising out of any such Contract.
(Added by Ord. 58-05, File No. 041571, App. 4/1/2005; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
Public Work Contracts Generally. | |
Requirements for Bids and Quotes. | |
Public Work Construction Contract Terms and Working Conditions. | |
Public Works to be Performed by the City; Bids by City Departments; Procedure Upon Rejection or Failure of Bids. | |
Office of Labor Standards Enforcement; Prevailing Wage Requirements. | |
Contract Requirements for Clean Construction. | |
Citywide Project Labor Agreement Ordinance. | |
(a) Public Works In Excess of the Threshold Amount. Except as otherwise provided by the Charter or the Administrative Code, any Public Work or Improvement estimated to cost more than the Threshold Amount shall be performed under Contracts awarded to the Responsible Bidder submitting the lowest Responsive Bid. To split or divide any Public Work or Improvement into two or more Contracts for the purpose of evading this Section 6.20 shall constitute official misconduct.
(b) Public Works Less Than or Equal to the Threshold Amount. Any Public Work or Improvement estimated to cost less than or equal to the Threshold Amount may be performed (1) under Contract or (2) by City employees. If the work is to be performed under Contract, the department shall obtain not fewer than three Quotes and shall award the Contract to the Responsible Bidder offering the lowest Quotation. If the department is unable to obtain three Quotes, the Award may be based on the Quote or Quotes received. For Contracts for Public Works or Improvements less than or equal to $10,000, no competitive solicitation is required, however departments are encouraged to solicit Quotes, especially from LBE Contractors, and award the Contract to the Responsible Bidder offering the lowest Quotation. The total contract value for Contracts for Public Works or Improvements less than or equal to $10,000 cannot exceed $200,000 per department per fiscal year.
The department administering the Contract shall maintain records as to whom the request for Quotations was directed and the Quotations received. It is the policy of the Board of Supervisors for contracting departments to make every effort to eradicate prejudice and favoritism in the Award of City Contracts. In order to effectuate this policy, Department Heads and their staff members shall collaborate with CMD periodically to create a list of Responsible Contractors qualified to perform various types of Public Work or Improvements for projects estimated to be less than the Threshold Amount, making every effort to include qualified, Responsible, and certified LBE contractors on that list. CMD shall be responsible for outreach efforts to make sure that certified LBE Contractors are aware of the opportunity to be considered for the list. The departments or commissions shall be responsible for evaluating and determining whether Contractors are Responsible and qualified to perform the various scopes of work.
(c) Estimates Required. For Public Works or Improvements in excess of the Threshold Amount, no Department Head shall recommend a construction Contract for or issue an order of Award without preparing detailed program requirements and detailed estimates for the work to be performed. There shall be a separate accounting for each work or improvement, which accounting shall include all direct, indirect, and supervisory elements of costs chargeable to such work or improvement. All such accounts shall be reported to the Controller and to either the Mayor or to the board or commission concerned, as appropriate.
(d) Comparison of Bids on Basis of Time of Completion or Cost of Compensable Delay. Department Heads may compare Bids on the basis of time of completion and/or the cost of any compensable delay, and any Contract awarded in consideration, in whole or in part, of the relative time estimate of Bidders for completion of the work and/or the cost of any compensable delay in completing the work, shall be subject to the provisions of this Chapter 6.
(e) Time for Award. Except when a Contract is funded by Federal or State grants or funds, all Public Work Contracts shall be awarded within 90 days of the date the City receives the Bids. Such time may only be extended prior to award of the Contract and only upon written agreement of the apparent Responsible Bidder with the lowest Responsive Bid and approval by the Department Head.
(f) Prequalification. Department Heads may require that prospective Bidders be prequalified to Bid either on a specific project or on an identified group of projects. The procedure for prequalification is as follows:
(1) The Department Head shall issue a prequalification statement. The prequalification statement may, at the discretion of the Department Head, be issued in conformance with California Public Contract Code Section 20101 and/or the California Department of Industrial Relations Model Pre-Qualification Questionnaire. The Department Head may, at his/her own discretion, apply the Model Pre-Qualification Questionnaire guidelines for scorable questions and scoring as the basis for any prequalification. The Department Head may also, at his/her own discretion, issue the Model Pre-Qualification Questionnaire with additional questions or may use an alternative questionnaire. The Department Head responsible for the Public Work may include in any questionnaire a request for special qualifications, experience or expertise necessary to perform the project or projects for which the prequalification is sought. For any project-specific information required, the department shall set objective scoring criteria and incorporate the criteria into any scoring procedure.
(2) The department responsible for the Public Work shall advertise any prequalification questionnaire in the same manner required for Bids, as set forth in Section 6.21.
(3) Prequalification shall be valid for not more than two years following the date of initial prequalification.
(4) A prospective Bidder may dispute a finding that he/she is not prequalified. The dispute and request for review must be in writing and received by the department within ten calendar days from the date the department issued notice of non-prequalification. The department shall then provide the prospective Bidder with the basis for its finding and any supporting evidence used in the determination. The department shall give the prospective Bidder the opportunity to rebut the evidence provided and to present evidence as to why the prospective Bidder should be found qualified. If a Bidder fails to avail itself of this dispute process, the department's finding shall become final without further notice. Failure to be prequalified shall not by itself preclude a prospective Bidder from participating in other or future prequalifications.
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