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All requests for competitive proposals or qualifications for temporary design, consultant, or Construction Management services shall conform to and at a minimum require the following:
(a) Evaluation Criteria. The Department Head shall determine the criteria by which the design, consultant, or Construction Management service professionals shall be evaluated, on a project-by-project basis. Such criteria shall be included as a part of any request for proposals or qualifications. The criteria shall be based primarily on qualifications and experience relevant to the services needed for the project. Except as prohibited by law, the Department Head, in his or her sole discretion, may determine that, in the best interests of the City, a consultant who participated in the master plan, conceptual phase or other preliminary work for a project, may compete to provide professional services in future phases of such project. In such event, the consultant may not use, nor may the selection panel consider, the consultant's prior work on the project to establish its experience or qualifications in the competitive process.
(b) Reservation of Rights to Reject or Cancel the Request for Proposals in Whole or Part. The Department Head, upon approval of the Mayor or the board or commission, as appropriate, may reject any or all proposals, in whole or in part, received in response to a request for proposals or qualifications. The right to reject shall be reserved in any request for proposals or qualifications, but the failure to include such reservation shall not abrogate the rights of the Department Head under this Section 6.41 or give rise to any right by any respondent.
(c) Award and Certification Required. All requests for proposals or qualifications shall contain the following language [wording in brackets should be chosen as appropriate to the department]:
In accordance with San Francisco Administrative Code Chapter 6, no proposal is accepted and no contract in excess of [the Threshold Amount] is awarded by the City until such time as [(1) for departments with boards or commissions, (a) the Department Head recommends the contract for award and (b) the board or commission then adopts a resolution awarding the contract; or [(2) for departments under the Mayor, (a) the Mayor approves the contract for award and (b) the Department Head then issues and order of award]. Pursuant to Charter Section 3.105, all contract awards are subject to certification by the Controller as to the availability of funds.
Failure of a department to include such language in a request for proposals or qualifications does not give rise to a contract right by a respondent or Contractor outside of the requirements of the Charter or Administrative Code.
All Contracts for temporary design, consultant, and Construction Management services are professional services Contracts, which shall contain the following minimum terms and conditions:
(a) Guaranteed Maximum Costs. Professional service Contracts shall provide for a Guaranteed Maximum Cost, including fees, travel and related expenses as necessitated by the project. Any modification to the Guaranteed Maximum Cost must be approved by the Department Head in writing and approved by the Mayor or the board or commission concerned, as appropriate, and the Controller.
(b) Insurance. Notwithstanding any other provisions of this Chapter 6, all professional service Contracts must conform to the insurance requirements established by the Risk Manager. The Risk Manager shall develop uniform insurance requirements for City Contracts subject to this Chapter 6. The Risk Manager shall review and update such insurance requirements as necessary to protect the City’s interests.
(c) Indemnification. All professional services Contracts awarded under this Chapter 6 shall require that the Contractor fully indemnify the City to the maximum extent provided by law, such that each Contractor must save, keep, bear harmless and fully indemnify the City and any of its officers or agents from any and all liability, damages, claims, judgments or demands for damages, costs or expenses in law or equity that may at any time arise.
This indemnification requirement may not be waived or abrogated in any way for any Contract without the recommendation of the Risk Manager and the express permission and approval of the Board of Supervisors.
(d) Assignment. No Contract shall be assigned except upon the recommendation of the Department Head concerned and with the approval of the Mayor, relative to the department under the Mayor's jurisdiction or the approval of the board or commission concerned for departments not under the Mayor.
(e) Modifications. Professional service Contracts may be modified only by written instrument, granted and approved by the City and in the same manner the underlying Contract was awarded.
(f) Contractor Prompt Payment. All professional services Contracts under this Chapter 6 shall require the Contractor to pay its subcontractors within seven calendar days after receipt of each progress payment from the City, unless otherwise agreed to in writing in advance by both Contractor and subcontractor. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from a Contractor to a subcontractor, the Contractor may withhold the disputed amount but shall pay the undisputed amount.
Any Contractor who violates this subsection 6.42(f) shall pay to the subcontractor a penalty of 2% of the amount due per month for every month or portion thereof that payment is not made. This subsection 6.42(f) is enforceable in a court of competent jurisdiction, and is not intended to create a private right of action against the City.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 7-02, File No. 011675, App. 1/25/2002; Ord. 23-10, File No. 091233, App. 2/11/2010; Ord. 27-13
, File No. 121200, App. 2/19/2013, Eff. 3/21/2013; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 164-23, File No. 230647, App. 7/28/2023, Eff. 8/28/2023)
Department Heads are authorized to procure as-needed professional services for temporary professional services to supplement the expertise or experience of the department for one or more Public Work or Improvement projects in conformance with Sections 6.40 through 6.42, with the following limitations:
(a) The Department Head shall designate an as-needed professional service Contract as a single-project or multiple-project Contract in the request for proposals or qualifications.
(b) Work shall be assigned by contract service orders. Contract service orders shall include a scope of services, time, and a not-to-exceed fee.
(1) A multiple-project as-needed Contract shall provide for a not-to-exceed amount and a Contract term of not more than five years from the date of certification by the Controller of the Contract, including all modifications. The cumulative modifications to a multiple-project as-needed Contract shall not exceed 150% of the original not-to-exceed amount. No contract service order or multiple contract service orders for services provided for any single project, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount, including all modifications. A department may issue or modify any contract service order(s) to exceed the foregoing limit only upon the Department Head's written determination establishing the justification for proceeding under the as-needed Contract rather than soliciting services through a formal competitive process.
(2) A single-project as-needed Contract shall provide for a not-to-exceed amount and identify the public work. The scope of the contract service orders must be limited to that single Public Work or Improvement. The limitations in subsection 6.43(b)(1) shall not apply to single-project as-needed Contracts.
(c) If a department has more than one as-needed multiple-project professional services Contract for the same scope of services, prior to issuance of any contract service order under that Contract, the department shall document the selection process of the Contractor from the other Contractors holding contracts for the same scope of services. At a minimum, the written documentation shall address the following:
(1) The work or services required to meet the department’s needs;
(2) The proposed Contractor’s unique qualifications or experience to perform the work or services, or why the nature of the work or services requires use of the Contractor; and
(3) The anticipated cost to the City and the department’s determination that such cost will be in the best financial interest of the City.
The department shall maintain the selection documentation for at least three years after termination or expiration of the Contract. The Controller shall periodically audit the procurement of these as-needed Contracts as provided in Charter Section F1.106.
Emergency Repairs, Work and Contracts. | |
Design-Build. | |
Job Order Contracts. | |
Hazardous Materials Abatement Work. | |
As-Needed Construction Contracts. | |
Contracting for Elevator, Escalator, Security, Fire Protection or Fire Alarm Systems, Inspection, Maintenance, and Repair Work. | |
Convention Facility Public Works. | |
Clean Construction in Bidding. | |
Construction Manager/General Contractor. | |
Department of Public Health Public Work. | |
Real Estate Division Public Work. | |
Pier Repair Work. | |
Rail Grinding. | |
Other Procurements. | |
Use of Cooperative Purchasing Agreements. | |
(a) Declaration of Emergency. The Board of Supervisors may declare an emergency and may direct any Department Head to perform any repair or other emergency work in any manner the Board determines to be in the best interests of the City.
(b) Other Determinations of Emergency. In an actual emergency as defined or described below, the Department Head responsible for addressing the emergency may declare an emergency with immediate notice to the Board of Supervisors, the Mayor, the Controller, and the board or commission having jurisdiction over the area affected by the emergency, if any. The Department Head responsible for addressing the emergency may execute the repair, reconditioning or other work or Contract necessitated by the emergency in the most expeditious manner, in accordance with the procedures set forth below.
(c) Emergency Defined. For purposes of this Chapter 6, an "actual emergency" means a sudden, unforeseeable and unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to, life, health property or essential public services. An "actual emergency" shall also mean the discovery of any condition involving a clear and imminent danger to public health or safety, demanding immediate action. Examples of an actual emergency may include, but are not limited to, the following:
(1) Weather conditions, fire, flood, earthquake or other unforeseen occurrences of unusual character; or
(2) The breakdown or imminent breakdown of any plant, equipment, structure, street or Public Work necessitating immediate emergency repair or reconditioning to safeguard the lives or property of the citizens; or the property of the City; or to maintain the public health or welfare; and
(A) Including the installation, repair, construction and alteration of crossings and switch work and special work in connection therewith at street and other railway crossings and at street intersections when the same is to be done by or for the Municipal Transportation Agency; or
(B) Including the installation, repair, construction and alteration of the fire alarm, police communication and traffic signal systems, when the same is to be performed by or for the Department of Technology or the Municipal Transportation Agency; or
(C) Including the work of making connections, installing gate valves, installing or transferring services and performing such other work therewith to existing water pipes when the same is to be done by or for the Public Utilities Commission and when such work will leave one or more fire hydrants or water consumers without water; or
(3) Unforeseen occurrences of unusual character resulting in an insufficient number of hospital beds or the lack of hospital beds or the lack of hospital, surgical, mental health or hospital ancillary services so as to leave patients of the City without required hospital or medical services.
(d) Approvals Required for Determination of Emergency. If the estimated cost of the emergency work is less than or equal to $250,000 the Department Head may proceed with the work without additional approvals. If the estimated cost of the emergency work exceeds $250,000, the Department Head prior to authorizing the commencement of the work, must first secure the approval in writing of the Mayor or the president of the board or commission concerned as appropriate to the department. For all cases where the cost of the emergency work exceeds $250,000, the Department Head shall also obtain the approval of the Board of Supervisors by resolution. Such resolution shall set forth the estimated cost of the proposed emergency work. In the event that the actual cost of the emergency work exceeds the estimated cost, the Department Head shall prepare a closeout report describing the actual costs, and shall submit a copy of the closeout report to the Clerk of the Board of Supervisors for inclusion in the Board File containing the resolution approving the declaration of emergency under this Section 6.60.
If the emergency does not permit the required approvals of the emergency determination to be obtained before work is commenced or the Contract(s) entered into, such approvals shall be obtained as soon thereafter as it is possible to do so. In such event, the Department Head concerned shall notify the Controller immediately of the work involved or the Contract(s) entered into and the estimated cost thereof. The proposed resolution approving the emergency determination shall be submitted to the Board of Supervisors within 60 days of the Department Head's emergency declaration.
(e) Exemptions. Contracts awarded in accordance with this Section 6.60 under emergency circumstances as described and defined above are exempt from the requirements of this Chapter 6 and Chapters 12A and 14B of the Administrative Code and and of the Labor and Employment Code. It is, however, the policy of the Board of Supervisors for contracting departments to make every effort to comply with the provisions of Administrative Code Chapters 12A and 14B and Labor and Employment Code and . In order to effectuate this policy, the Department Heads and their staff members shall collaborate with CMD periodically to create a list of Responsible Contractors qualified to perform various types of emergency work, 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. For all emergency construction contracts, the Contract Awarding departments or commissions shall be responsible for evaluating and determining whether Contractors are Responsible and qualified to perform the various scopes of work. The Department Heads shall report quarterly to the Board of Supervisors regarding LBE inclusion on the list of Responsible and qualified Contractors for emergency Contracts, a description of each emergency Contract awarded, the reason why the work was performed under these emergency procedures, and whether the emergency Contract was awarded to an LBE Contractor. Such reports shall be referred to a Board committee for public hearing.
(f) Indemnification For Emergency Contracts. Department Heads responsible for any emergency work are hereby authorized to (1) waive any requirement that a Contractor performing such emergency work indemnify the City and/or (2) enter into a Contract that provides that the City indemnify such Contractor, except that the City shall in no event indemnify a Contractor for the Contractor's gross negligence or willful misconduct.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; 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. 95-24, File No. 240227, App. 5/10/2024, Eff. 6/10/2024)
Design-build is an approach to the procurement of design and construction services, whereby a single entity, known as the "Design-Builder," is retained to provide both professional design services and general contractor services. Department Heads are authorized to seek bids or proposals from qualified private entities ("Design-Builders") for design-build construction and/or financing of Public Work projects under the following conditions:
(a) Before the request for qualifications is issued, the Department Head shall determine that a design-build delivery method is necessary or appropriate to achieve anticipated cost savings or time efficiencies, or both, and that such a delivery method is in the public's best interest. For projects involving financing of Public Work or Improvements provided by the Design-Builder, the Department Head must first seek the approval of the board or commission if the department is under the jurisdiction of a board or commission, or the City Administrator, if the department is under the jurisdiction of the Mayor. The Department Head shall consult with the Office of the Controller to establish criteria for evaluating private financing proposals.
(b) Competitive Bid or Fixed Budget Limit Procurement.
(1) Pre-Qualification. When selecting a Design-Builder based on competitive bid or proposals for a fixed budget limit project, the Department Head shall pre-qualify Design-Builders, or a combination of the Design-Builders and one or more of their subcontractors prior to issuing an invitation to submit bids or proposal. The procedure for pre-qualification is as follows:
(A) The Department Head shall issue a request for qualifications inviting interested parties to submit their qualifications to perform the project. The request for qualifications shall include criteria by which the prospective DesignBuilders will be evaluated during the qualification process. The evaluation criteria shall be based on qualifications and experience relevant to the services needed for the project. The list of criteria may include, but is not limited to the following: (i) qualifications to design-build the proposed project; (ii) evidence of financial capacity; (iii) experience on similar projects; (iv) ability to collaboratively and cooperatively deliver projects on time and on budget; (v) history of liquidated damages for delay and other damages paid on prior projects, and prior litigation; (vi) reputation with owners of prior projects; (vii) claims history with insurance carriers and sureties; (viii) substantiated record of safe performance on construction projects in accordance with the definition of Responsible in Section 6.1; and (ix) other criteria that the Department Head may deem appropriate. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure.
(B) The Department Head shall designate a panel to review pre-qualification responses and rate respondents with respect to the request for qualifications. The panel, at the Department Head's discretion, may interview respondents and evaluate designs, concepts and/or approaches to the project as part of the pre-qualification process. Only those respondents found to be qualified will be eligible to submit bids or proposals. The list of pre-qualified respondents shall be valid for not more than two years following the date of initial pre-qualification. The Department Head may restrict bidding or proposing to a shortlist of no fewer than three pre-qualified Design-Builders.
(2) Request for Bids. The Department Head shall issue a request for bids inviting pre-qualified Design-Builders to submit bids for the project in conformance with the requirements set forth in Section 6.21(a), except that the Department Head is not required to advertise for bids. The request for bids shall include a criteria package describing preliminary design criteria and performance criteria for the project, as well as any other information deemed necessary to describe adequately the City's needs for the project. The Department Head may recommend the award of a Contract to the Responsible Bidder submitting the lowest Responsive Bid. If the award to that bidder is not made for any reason, the Department Head may recommend the award of a Contract to the Responsible Bidder submitting the next lowest Responsive Bid, and so forth.
(3) Request for Proposals for Fixed Budget Limit Projects. As an alternative to receiving competitive bids, the Department Head may issue a request for proposals stating a fixed budget limit for the project and inviting pre-qualified Design-Builders to submit proposals for the project. The request for proposals shall provide a description of preliminary design criteria and performance criteria for the base scope of the project. The request for proposals shall also provide a description of preliminary design criteria and performance criteria for additional desired project enhancements. The proposal shall include the Design-Builder's agreement to fully deliver the base scope of the project and may also include any of the additional desired project enhancements the Design-Builder offers to fully deliver within the fixed budget limit. The proposals shall be evaluated based upon stated objective criteria, which may include qualifications, experience, design proposals, cost, and the value of the proposed enhancements. The Department Head may recommend the Award of a Contract to the highest-ranked proposer. If the Award to that proposer is not made for any reason, the Department Head may recommend the Award of a Contract to the next highest-ranked proposer, and so forth.
(4) Procurement of Trade Subcontractors. The Department Head may require that all subcontractors be listed at the time of bid or proposal or may identify specific trades for which the Design-Builder must list subcontractors. Following award of the Contract, the Design-Builder shall add or substitute trade subcontracts with a value exceeding 0.5% of the Contract amount applicable to the construction work as follows:
(A) Unless otherwise authorized by the Department Head, each trade subcontract opportunity shall be advertised as provided in subsection 6.21(a)(1);
(B) The Design-Builder shall establish reasonable qualification criteria and standards;
(C) The Design-Builder may then award the subcontract to a Responsible subcontractor either on a best value basis or to the Bidder with the lowest Responsive bid;
(D) All subcontractors, whether listed at the time of bid or proposal or added or substituted under this subsection 6.61(b)(4), shall be afforded all of the protections of the California Subletting and Subcontracting Fair Practices Act at California Public Contract Code Sections 4100 et seq., as amended from time to time.
(c) Best Value Procurement. Under best value procurement, the department shall select the Design-Builder based on a combination of cost and non-cost criteria. The weighting of the cost and non-cost criteria in the overall evaluation is at the discretion of the Department Head. If the project seeks private financing proposals and/or the Department Head determines that it is in the public’s best interest to consider qualifications and/or other subjective criteria (e.g., quality of design proposal) as part of the final selection process, the Department Head shall require that prospective proposers be pre-qualified pursuant to the process in subsection 6.61(b)(1) or shall issue a combined request for qualifications and proposals inviting Design-Builders, or a combination of Design-Builders and their Core Trade Subcontractors meeting specified minimum qualification criteria, to submit design-build proposals, which will be evaluated based upon Responsibility and qualifications, stated subjective criteria, and project and/or financing costs. The license and business tax requirements of subsections 6.21(a)(6) and (8) shall apply to requests for proposals under this subsection 6.61(c).
(1) Non-cost criteria. The Department Head shall designate a qualified panel to evaluate design-build proposals and rank the proposals to determine which provides the overall best value to the City. The non-cost evaluation criteria may include, but is not limited to the following: (A) plan for expediency in completing the proposed project; (B) lifecycle cost to the City; (C) qualifications to finance the proposed project; (D) quality of design proposal; (E) if private financing is sought, commitment of funds, cost of funds and terms to the City; and (F) other criteria established by the Department Head in the request for proposals.
(2) Design Proposals.
(A) The Department Head may request Design-Builders to create partial designs, which will be evaluated as part of the selection process. The Department Head may offer a reasonable stipend to short-listed Design-Builders to create partial designs who are not awarded the Contract. The receipt of a stipend shall be contingent upon a Design-Builder’s proposal being responsive to the request for proposals. Stipends paid in accordance with this subsection are exempt from the requirements of the Administrative Code and Labor and Employment Code, including but not limited to Administrative Code Chapters 6 and 14B and Labor and Employment Code and .
(B) The Department Head may require short-listed Design-Builders who are creating partial designs to participate in one or more confidential review meetings with City representatives and/or selection panel members during the proposal preparation period. The purpose of the review meetings will be to ensure that each Design-Builder's partial design is proceeding in a manner that is consistent with the requirements of the City as set forth in the criteria package. Discussions during review meetings shall be limited to objective elements of the criteria package.
(3) Design-Builders submitting private financing proposals shall provide evidence of the commitment of funds necessary to privately finance the proposed projects to completion.
(4) The Department Head may, at his or her sole discretion, conduct any negotiations that are necessary to effectuate the award of a Contract and that are fair and reasonable to the competitive process. The Department Head may recommend the award of a Contract to the highest-ranked proposer. If the Award to the highest-ranked proposer is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked proposer, and so forth.
(5) Procurement of Trade Subcontractors. With the approval of the Department Head, the selected Design-Builder may procure trade work in conformance with the following procedures:
(A) Competitive Bid Procurement. The Department Head shall require the Design-Builder to pre-qualify trade subcontractors, subject to a process, which may be a minimum qualification application, pre-approved by the Department Head. The Design- Builder shall attempt to establish a pool of no fewer than three pre-qualified subcontractors for each trade package. The Design-Builder shall receive sealed bids from the pre-qualified trade subcontractors. The bid security provisions of Section 6.21 will not apply. All trade packages procured pursuant to this subsection 6.61(c)(5)(A) shall be awarded to the Responsible Bidder submitting the lowest Responsive Bid.
(B) Core Trade Subcontractors. Upon approval of the Department Head, the Design-Builder may procure design, preconstruction, or design-assist services from Responsible Core Trade Subcontractors based on qualifications only. As soon as practical, or as otherwise approved by the department, each Core Trade Subcontractor shall provide a written cost proposal for construction of the related trade package. Before authorizing the Design-Builder to subcontract with a Core Trade Subcontractor for the trade package, the department must validate the cost proposal by an independent cost estimate. The Department Head, in the Department Head’s sole discretion, may require the Design-Builder to competitively procure the trade package by competitive bid in conformance with subsection 6.61(b)(5)(A).
(C) Self-Performed Work. The Department Head may specify in the design-build request for proposals one or more scopes of work that may be self-performed by the Design-Builder. Before authorizing the Design-Builder to self-perform work, the Department Head must determine the cost of the work to be fair and reasonable, either by an independent cost estimate or by a competitive bidding process.
(D) Direct Negotiations. The Department Head may authorize the Design-Builder to negotiate subcontracts for trade work as appropriate for the project, up to an amount not exceeding 7.5% of the total estimated construction subcontract costs. The Department Head shall establish a maximum dollar value for each negotiated trade subcontract as appropriate for the project.
(d) The City shall retain the absolute discretion to determine, at any time during the process, not to proceed with any proposed project, which right may be exercised without liability to Design-Builders for costs incurred at any point during the pre-qualification, proposal and negotiation process, and such rights shall be reserved in all requests for qualifications and proposals.
(e) All Contract terms and working conditions of Section 6.22 shall apply to design-build Contracts. Only those Administrative Code provisions that normally apply to subcontracts will apply to the trade package subcontracts procured under this Section 6.61. The Design-Builder may request permission from the Department Head to require corporate surety payment and performance bonds for some or all subcontracts.
(f) Design-builders shall comply with all applicable requirements set forth in Administrative Code Chapters 12 and 14.
(g) All Contracts procured under this Section 6.61 are subject to the award provisions of Section 6.3. If the proposed Contract involves a financing program, the City Capital Planning Committee must review and report on the proposed project before the board, commission, Mayor or his/her designee takes any action with respect to award of the Contract.
(h) All actions heretofore taken by a Department Head consistent with the provisions of this section are hereby approved.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 153-00, File No. 000805, App. 6/30/2000; Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 18-07, File No. 060344, App. 2/9/2007; Ord. 119-08, File No. 080277, App. 7/11/2008; Ord. 75-14
, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; 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. 74-23, File No. 230408, App. 5/3/2023, Eff. 6/3/2023, Oper. 7/1/2023)
The job order contracting system ("JOC") provides for an indefinite quantity contract with a predefined set of Bid items that are assigned on a periodic or task order basis for the performance of maintenance, repair and minor construction projects. Department Heads are authorized to utilize JOC according to the procedures set forth below.
(a) Each JOC Contract is to be advertised for competitive Bids in accordance with the procedures set forth in this Chapter 6 and awarded to the Responsible Bidder who submits the lowest Responsive Bid.
(b) The Advertisement For Bids shall include unit prices and detailed technical specifications for each construction task contemplated to be performed under the JOC Contract. Each task item shall include direct costs for material, equipment and labor. Construction tasks shall be grouped by trade.
(c) The Advertisement For Bids shall contain the City's estimate regarding the percentage of work under the JOC Contract that will be performed by each trade. The Advertisement For Bids shall also require the Contractor to commit to an LBE Subcontractor Participation Requirement, as set CMD, in the performance of task orders under the JOC Contract. Upon completion of the JOC Contract term, CMD shall verify compliance with the LBE Subcontractor Participation Requirement. Departments may designate specific JOC Contracts as limited set asides for Micro-LBEs as provided under Chapter 14B of the Administrative Code.
(d) The Contractor's Bid shall include a subcontractor list in conformance with Section 6.21(a) and Chapter 14B of the Administrative Code at the time of bid or at the time of a task order as appropriate. All requests for substitutions of subcontractors shall be made and considered under California Public Contract Code Section 4107, as may be amended from time to time. Notwithstanding this requirement, if a listed subcontractor confirms in writing that it is not available to perform one or more task orders, the Contractor may request to add without penalty a subcontractor to perform under the task order(s) at no additional cost to the City. The aggregate value of the work performed by subcontractors added to substitute for listed but unavailable subcontractors shall not exceed 20% of the original Contract amount. Specialty trade work unanticipated at the time of Bid, requiring the addition of one or more subcontractors, shall be considered the performance of a change order under California Public Contract Code Section 4107(c). The addition of any subcontractor under any circumstances or for any purpose shall be effected by change order or Contract modification. Prior to any added subcontractor performing any task order work, the awarding department shall confirm the license, insurance coverage, and other qualifying criteria as required by law.
(e) Contractors submitting Bids on the JOC Contract shall state in their Bids an adjustment on a percentage basis either increasing or decreasing the unit prices for all construction tasks set forth in the Bid documents. There may be a single adjustment factor that applies to all tasks. For example, an adjustment factor of 25% below the unit prices stated in the Bid documents would be Bid as .75. All of the profit, overhead and indirect costs shall be included in the adjusted unit prices.
(f) The Advertisement For Bids and the contract specifications shall contain a maximum dollar amount of the JOC Contract, which maximum amount shall not exceed $5,000,000. In no case shall the cumulative modifications to a JOC Contract result in a contract sum exceeding 150% of the original Contract amount.
(g) JOC Contracts shall provide for an expiration term of not more than five years, including all modifications. However, the Department Head shall not issue any new task orders under the JOC Contract after four years from the date the Contract is certified by the Controller.
(h) The contracting terms and working conditions of Section 6.22 shall apply to JOC Contracts, except that the Department Head may authorize the Contractor to file the bonds required by Section 6.22(a) after Contract execution but prior to the execution of any task order. The Department Head shall require the Contractor to issue bonds for a sum of not less than 100% of the task orders issued under the JOC Contract or 25% of the Contract amount, whichever is greater.
(i) Projects will be assigned under the JOC Contract on a task order basis at the sole discretion of the Department Head concerned. Each task order shall include a time certain for completion of the work and an appropriate sum for liquidated damages for delay. Each task order shall also include a list of the subcontractors performing work under such order, with each subcontractor's name, business address, San Francisco business tax registration number, Contractor license number, scope of work, and data as may be required by CMD. The task order price shall be no more than the calculated unit prices and the Bid adjustment factor. No task order shall exceed the Threshold Amount, including all modifications. A department may issue or modify any task order(s) to exceed the Threshold Amount only upon the Department Head's written determination establishing the critical nature or significant need for the work and the justification for proceeding under this Section 6.62 rather than by formal competitive process.
(j) A Contractor who enters into a JOC Contract with a particular City department is not eligible during the term of such JOC Contract to submit a Bid on a subsequent JOC Contract advertised by the same contracting department, except in the following circumstances: (1) the Contractor's existing JOC Contract will expire in 120 days or fewer; (2) the contracting department has issued task orders valued by the City in an amount equal to or exceeding 90% of the maximum dollar amount of the existing JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department.
(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. 58-05, File No. 041571, App. 4/1/2005; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
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