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Department Heads are authorized to execute Contracts for hazardous materials abatement work ("Abatement Work") in accordance with the following procedures:
(a) The department shall advertise for and receive proposals from hazardous materials abatement Contractors, which proposals shall address the qualifications of the Contractors to perform the testing, design, and advice portions of Abatement Work and Responsibility to perform construction-related Abatement Work. The proposals shall be evaluated according to the requirements of Administrative Code Chapters 6 and 14B and Labor and Employment Code and , relevant to professional services and Public Work or Improvement Contracts.
(b) The department shall select a sufficient number of qualified Contractors to perform the amount of Abatement Work anticipated to be required in the upcoming one or more years and enter into master agreements for Abatement Work on an "if- and as-needed" basis with those Contractors. Each master agreement for Abatement Work shall state the maximum total dollar value of work each Contractor is authorized to perform during the Contract period.
(c) When the Department Head determines that: (1) hazardous materials on public property must be expeditiously abated; (2) there is inadequate time to issue an Advertisement for Bids in accordance with this Chapter 6; and (3) the department personnel who will manage the work have the appropriate training, then task orders for Abatement Work may be issued as follows: The department shall seek price Quotations for performance of the Abatement Work from at least three of the Contractors with master agreements. The task order for the Abatement Work will be issued to the Contractor submitting the lowest Quotation, except as otherwise provided herein. The department shall keep a record of such Quotations and a register of all task orders issued under master agreements for Abatement Work. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of a task order on the Quotation or Quotations received. If the Department Head believes that the public interest would best be served by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. The Department Head may reject any and all Quotations and request new Quotations.
(d) The department may authorize the Contractor to file corporate surety bonds as required in subsection 6.22(a), or after Contract execution but prior to the issuance of any work. The bonds shall be for a sum of not less than 100% of the cumulative value of all work issued under the master agreement.
A Department Head is authorized to execute Contracts for construction services on an as-needed basis, with definite or indefinite quantities of work. in accordance with the following procedures:
(a) General As-Needed Contracts. A Department Head may issue an Advertisement For Bids for construction services on an as-needed basis, with work to be assigned by contract service orders based on costs contained in the Bid. The as-needed Contract shall provide for a not-to-exceed amount and an expiration term of not more than five years, including all modifications. The Department Head shall not issue any new contract service order after four years from the date the Contract is certified by the Controller. Additionally, the cumulative modifications to the as-needed Contract shall result in a contract sum not to exceed 150% of the original Contract amount. No contract service order or multiple contract service orders for any single Public Work, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount. A department may issue or modify any contract service order(s) to exceed the Threshold Amount only upon the Department Head's written determination establishing the need for the work and the justification for proceeding under this Section 6.64 rather than by formal competitive process.
(b) Master As-Needed Agreements. The Department Head may execute master as-needed agreements, on an "if-and-as-needed" basis with Contractors who can establish experience, expertise, and quality of work. Master as-needed agreements shall provide for an expiration term of not more than five years from the date of certification by the Controller, including all modifications. A Contractor may apply for a master as-needed agreement under this subsection 6.64(b) by providing the department with a statement of its experience and qualifications and other information as requested by the department. Within 60 days of receiving such information, the department shall advise the applicant of its eligibility for an award of a master as-needed agreement.
For performance of specific tasks, the department shall seek Quotations from at least three of the Contractors with master as-needed agreements. The department shall issue a contract service order for the work to the Contractor submitting the lowest Quotation, except as provided below. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of the contract service order on the Quote or Quotes received. The Department Head may reject any and all Quotations and request new Quotations. No contract service order or multiple contract service orders for any single Public Work, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount, including all modifications. Additionally, the cumulative modifications to an as-needed agreement shall not exceed 150% of the original Contract amount.
(c) Except as provided below, all of the requirements of this Chapter 6 and Administrative Code Chapter 14B and Labor and Employment Code and apply to as-needed Contracts. Departments may designate specific as-needed contracts as limited set asides for Micro-LBEs as provided under Chapter 14B of the Administrative Code.
(1) The Department Head may authorize the Contractor to file corporate surety bonds as required in subsection 6.22(a) after execution of the as-needed Contract, but prior to the execution of any contract service order. The bonds shall be for a sum of not less than 100% of the cumulative value of all issued contract service orders under the as-needed Contract or at least 25% of the Contract amount, whichever is greater.
(2) The Department Head may require the Contractor to include a subcontractor list in conformance with subsection 6.21(a) and Chapter 14B of the Administrative Code at time of Bid or at the time of contract service order, as appropriate to the Contract.
(d) Department Heads shall report quarterly to the Board of Supervisors regarding the department's use of as-needed Contracts and the actual amount of participation of LBE subcontractors or subconsultants to determine whether LBE Subcontractor Participation Requirements are being met on as-needed Contracts. Such reports shall be referred to a Board committee for public hearing.
(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. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
Department Heads are authorized to award Contracts for the inspection, maintenance and repair services of existing elevator, escalator, security, fire protection, or fire alarm systems ("special services") in accordance with the following procedures:
(a) The department may award master agreement Contracts, on an “if-and-as-needed” basis to Responsible special service providers. A potential special service provider may apply for a master agreement under this Section 6.65 by providing the department with a statement of its experience and qualifications and other information as requested by the department. Within 60 days of receiving such information, the department shall advise the applicant of its eligibility for an award of a master agreement. Master agreements for special services under this Section 6.65 shall conform to the insurance, indemnification, and Prevailing Wage requirements of Section 6.22. Master agreements shall provide for an expiration term of not more than five years from the date the Contract is certified by the Controller, including all modifications.
(b) For performance of specific tasks, the department shall seek price Quotations from at least three of the special service providers with master agreements. The department shall issue a contract service order for the work to the provider submitting the lowest Quotation, except as provided below. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of the contract service order on the Quote or Quotes received. If the Department Head believes that the public interest would best be served by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. The Department Head may reject any and all Quotations and request new Quotations.
When construction work is required for the City-owned convention facilities, such services may be procured in accordance with the following procedures:
(a) Bids will be requested from not fewer than three Bidders for a construction Contract. The Contract will be awarded to the Responsible Bidder with the lowest Responsive Bid. A record of all Bids received and a register of all Awards made under this Section 6.66 shall be maintained. In the event three Bids cannot be obtained, the Award shall be based on the Bid or Bids received. Any or all Bids may be rejected and new Bids may be requested.
(b) Authority to undertake the contracting process and enter into Contract directly with the Contractor may be delegated to the operator/manager of the convention facilities. In such event, the City Administrator or his or her designee shall first review the propriety of the process and shall approve the Award of any Contract.
(c) In no event shall the Award of Contracts by the procedures set forth in this Section 6.66 exceed the cumulative sum of $3,000,000 in any fiscal year.
Except as provided herein, any Contract awarded under this Section must comply with this Chapter 6 and with Administrative Code Chapter 14B and Labor and Employment Code Articles and .
All of the Contracts awarded and work performed under this Section 6.66 shall be reported to the Board of Supervisors on a quarterly basis.
(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)
The Clean Construction requirements of Section 6.25 and Environment Code Chapter 25 are mandatory for Public Work or Improvements to be performed within the City and estimated to require 20 or more days of work to complete. For other Public Work or Improvements, Department Heads are encouraged to require the use of off-road equipment and off-road engines that meet or exceed the standards in Chapter 25, or to use Bid criteria that favor the use of such equipment and/or engines. Department Heads are particularly encouraged to do so wherever the project is located within 500 feet of a Sensitive Site, as defined in Health Code Section 3804.
Construction Manager/General Contractor is an approach to the procurement of construction services whereby a construction manager/general Contractor ("CM/GC") is retained during the design process to review and provide comments as to the constructability of the Architect/Engineer's design within the established budget. Department Heads are authorized to seek proposals from qualified CM/GCs for construction of public work projects under the following conditions:
(a) Before the request for qualifications or proposals is issued, the Department Head shall determine that a CM/GC 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.
(b) Procurement of CM/GC. Department Heads are authorized to procure CM/GC services through one of the following three methods:
(1) Cost Only Procurement. Department Heads shall require that prospective proposers be pre-qualified to submit proposals on a specific project. The procedure for pre-qualification and final selection is as follows:
(A) Pre-qualification. 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 proposers shall be evaluated. The evaluation criteria shall be based on qualifications and experience relevant to the services needed for the particular project. The list of criteria may include, but is not limited to the following: (i) ability to perform required pre-construction and construction phase services; (ii) evidence of financial capacity; (iii) experience on projects of similar size and complexity; (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; and (viii) 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. The Department Head shall designate a qualified panel to review pre-qualification responses and rate respondents with respect to the request for qualifications. The panel, at the department's discretion, may interview respondents as part of the pre-qualification process. Only those respondents found to be qualified will be eligible to submit 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 establish a shortlist of no fewer than three pre-qualified respondents.
(B) Request for Proposals and Selection Process. The Department Head shall issue a request for proposals inviting pre-qualified CM/GCs to submit competitive cost proposals for the project. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; and (ii) fees for construction phase services, such as profit or general conditions. The Department Head may recommend the award of a Contract to the Responsible proposer submitting the lowest Responsive cost proposal.
(2) Best Value Procurement. Under best value procurement, the department shall select the CM/GC 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. The Department Head shall require that prospective CM/GCs be pre-qualified according to the process in subsection 6.68(b)(1)(A), or shall issue a combined request for qualifications and proposals inviting CM/GCs to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential proposers must meet in order for their proposals to be evaluated. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria described in subsection 6.68(b)(2)(A).
(A) Non-Cost Criteria. The Department Head shall designate a qualified panel to evaluate and rank the proposals to determine which provides the overall best value to the City with respect to non-cost and cost criteria. In cases where proposers were pre-qualified in advance, this panel may be the same panel that reviewed the pre-qualification responses, or may include different qualified panelists. The list of non-cost criteria may include but is not limited to the following: (i) plan for expediency in completing the proposed project; (ii) quality of proposal; and (iii) other criteria established by the Department Head in the request for proposals. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure.
(B) The Department Head may recommend the award of a Contract to the highest-ranked CM/GC. If award to such CM/GC is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked CM/GC.
(3) CM/GC Team Best Value Procurement. The Department Head may select a CM/GC team made up of the CM/GC and specified Core Trade Subcontractors. The Department Head shall require that prospective teams be pre-qualified according to the process in subsection 6.68(b)(1)(A), and then issue a request for proposals inviting pre-qualified CM/GC teams to submit competitive cost proposals for the project. Alternatively. the Department Head shall issue a combined request for qualifications and proposals inviting prospective teams to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential CM/GCs and their Core Trade Subcontractors must meet in order for their proposals to be evaluated.
The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each team: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria as described in subsection 6.68(b)(2)(A).
(A) The Department Head may recommend the award to the highest-ranked CM/GC team in accordance with the selection process in subsection 6.68(b)(2)(A) and (B).
(c) Procurement of Trade Subcontractors. Department Heads shall require the selected CM/GC to procure trade work contracts through one or more of the following methods:
(1) Pre-qualification and Competitive Bid. The Department Head shall require the CM/GC to pre-qualify trade subcontractors, subject to a process, which may be a minimum qualification application, pre-approved by the Department Head. The CM/GC shall attempt to establish a pool of no fewer than three pre-qualified subcontractors for each trade package. Unless otherwise authorized by the Department Head, each trade package pre-qualification opportunity shall be advertised as provided in subsection 6.21(a)(1). The Department Head shall require the CM/GC to receive sealed Bids from the pre-qualified trade subcontractors. Unless otherwise provided for in the advertisement or notice for bids, the bid security provisions of Section 6.21 will not apply. The CM/GC shall award a trade package subcontract to the Responsible Bidder submitting the lowest Responsive Bid.
(2) Core Trade Subcontractors. The Department Head may authorize the CM/GC to enter into subcontracts with Core Trade Subcontractors to provide pre-construction, design-assist, or design-build services as appropriate for the project. Before the CM/GC may award trade package subcontracts for construction services to the Core Trade Subcontractors, including Core Trade Subcontractors selected as part of the CM/GC team in subsection 6.68(b)(3), the Core Trade Subcontractors' bids must be validated against an independent cost estimate, as overseen by the Department Head.
(3) Direct Negotiation. The Department Head may authorize the CM/GC to negotiate subcontracts for trade work as appropriate for the project, up to an amount not exceeding 7.5% of the total estimated construction costs. The Department Head shall establish a maximum dollar value for each negotiated trade subcontract as appropriate for the project.
(4) Self-Performed Work. The Department Head may authorize the CM/GC to self-perform work after determining the cost of the work to be fair and reasonable, either by an independent cost estimate or by a competitive bidding process.
(d) Except for the bid security and subcontractor listing requirements in subsections 6.21(a)(4) and 6.21(a)(9), the requirements of Section 6.21 will apply to the selection of CM/GCs under this Section 6.68. Any resulting Contract with a CM/GC shall comply with Section 6.22, except that the bond shall be for a sum not less than 100% of the costs of construction and must be filed with the department prior to notice to proceed with construction. Only those Administrative Code provisions that normally apply to subcontracts will apply to the trade package subcontracts, except that the Department Head may authorize the CM/GC to require corporate surety payment and performance bonds for some or all trade package subcontracts.
(e) 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 CM/GC for costs incurred at any point during the selection process, and such rights shall be reserved in all request for qualifications or proposals.
(f) All actions heretofore taken by a Department Head consistent with the provisions of this Section 6.68 are hereby approved.
For Public Works or Improvements necessary to maintain or repair health facilities under the jurisdiction of the Health Commission, the Department of Public Health (DPH) may award master agreement Contracts, for work to be performed on an "if-and-as-needed" basis, to qualified Contractors in conformance with the following procedures:
(a) Contract Award. The Director of DPH may award master agreement Contracts, on an "if-and-as-needed" basis to construction Contractors who can establish all of the licensing, qualifications, experience, and certifications, as required by the Director of DPH. A Contractor may apply for a master agreement under this Section 6.69 by providing DPH with a statement of its experience and qualifications and other information as requested by DPH. Within 60 days of receiving such information, DPH shall advise the applicant of its eligibility for an award of a master agreement.
(b) Contract Terms. Master agreements awarded under this Section 6.69 shall conform to the requirements of Section 6.22 and shall conform to Administrative Code Chapter 14B, as applicable. Master agreements shall provide for an expiration term of not more than five years from the date of Award, including all modifications. All master agreements shall provide for a maximum total dollar value of work each Contractor is authorized to perform during the Contract period. No master agreement may be modified to exceed 150% of the original Contract amount. Master agreements shall contain no minimum dollar amount. Master agreements shall provide that DPH may assign work on a task order basis, "if-and-as-needed, " through competition among master agreement Contractors.
(c) Task Order Competitive Solicitation. To assign work under master agreement Contracts, DPH shall solicit Quotations from no fewer than three qualified master agreement Contractors. Solicitations shall conform to Section 6.21, except that neither a published advertisement nor bid security shall be required. Solicitations shall include a description of the proposed task order scope of work, including plans or specifications, if any, and may include provisions for liquidated damages for delay if and as appropriate to the particular project. Responsive Quotations must include subcontractor listing, if any, in conformance with subsection 6.21(a)(9).
(d) Task Order Award. The Director of DPH shall issue a task order for the performance of work under a master agreement to the Contractor submitting the lowest Responsive Quotation. In the event that DPH is unable to obtain three Quotations, the Director of DPH shall base the award on the Quotation or Quotations received. If the Director of DPH believes that the public interest would best be served, by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest.
(e) Task Order Terms. No task order or multiple task orders for any single Public Work, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount, including all modifications. The Director of DPH may issue or modify a task order to exceed the foregoing imitation only upon the Director's written determination establishing the urgency of the work and the justification for proceeding under this Section 6.69, rather than through San Francisco of Public Works, in conformance with Section 6.2.
(Added by Ord. 224-08, File No. 081084, App. 10/15/2008; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
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