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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)
For Public Works or Improvements necessary to maintain or repair facilities and real property under the jurisdiction of the Real Estate Division ("RED"), RED may award master agreement Contracts for services under Section 6.65, or may award master agreement Contracts for work to be performed on an "if-and-as-needed" basis, to qualified construction Contractors in conformance with the following procedures:
(a) Contract Award. The Director of RED may award master agreement Contracts, on an "if-and-as-needed" basis to Contractors who can establish all of the licensing, qualifications, experience, and certifications, as required by the RED Director. A Contractor may apply for a master agreement under this Section 6.70 by providing RED with a statement of its experience and qualifications and other information as requested by RED. Within 60 days of receiving such information, RED shall advise the applicant of its eligibility for an award of a master agreement.
(b) Contract Terms. Master agreements awarded under this Section 6.70 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 RED 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, RED 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 RED 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 RED is unable to obtain three Quotations, the Director of RED shall base the Award on the Quotation or Quotations received. If the Director of RED 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, and whether under this Section 6.70 or for services under Section 6.65, shall cumulatively exceed the Threshold Amount, including all modifications. The Director of RED may issue or modify a task order to exceed the foregoing limitation only upon the Director's written determination establishing the urgency of the work and the justification for proceeding under this Section 6.70, rather than through San Francisco Public Works, in conformance with Section 6.2.
(Added by Ord. 309-08, File No. 081286, App. 12/16/2008; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
(a) The Port is authorized to use the Port's Maintenance Division employees and equipment to perform demolition, repair and replacement work on piers under the jurisdiction of the Port Commission, including pile-supported pier structures, substructures, aprons, wharves, decks, fenders and associated utilities. The competitive Bid requirements of Sections 6.20(a) and 6.23(b) shall not apply to the Port's self-performance of such pier demolition, repair and replacement work.
(b) All actions previously taken by the Port consistent with this section are hereby approved.
The Director of Transportation is authorized to issue requests for proposals for rail grinding and related services. Proposals will be evaluated based upon qualifications, cost, and any other criteria stated in the request for proposals. The Director of Transportation may negotiate with the highest-ranking proposers and seek best and final offers after negotiation to determine which proposer will provide the best value to the City. Contracts awarded under this Section 6.72 are subject to the award requirements of Section 6.3 and shall conform to the requirements of Section 6.22.
(Added by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
Notwithstanding any other provision of this Code, a department may contract for works or services governed by this Chapter 6 other than through open and full competition (“Sole Source”), subject to the requirements of this provision. None of the requirements of applicable provisions of the Municipal Code, including but not limited to requirements of Chapter 14B of the Administrative Code or and of the Labor and Employment Code, are waived for Sole Source Contracts.
(a) Approval. For departments under the jurisdiction of a commission or a board, the Department Head shall recommend to the commission or board concerned the approval and award of a Sole Source Contract and such commission or board may then adopt a resolution approving the justification of the Sole Source and awarding the Contract. For departments with no commission or board, the Department Head, with the approval of the Mayor, may award a Sole Source Contract. The Department Head's recommendation must provide specific and comprehensive information, as provided under Section 6.73(d) below, justifying the necessity of a Sole Source Contract.
(b) When Prohibited. Sole Source contracting shall not be justified on the basis of: (1) a lack of advance planning by the department, or (2) expediency or convenience of the department.
(c) When Allowable. Before a department begins negotiations for a Sole Source Contract, the Department Head shall make a written justification that a Sole Source procurement is necessary or appropriate based on one or more of the following circumstances:
(1) Work or services are available from only one source as justified by the results of a solicitation or advertisement designed to attract as many potential sources qualified to compete on the procurement as appropriate, whether through a Request for Interest, Request for Qualifications or other form of advertisement or solicitation;
(2) Documented rights in or singular ownership of data, intellectual property, processes, systems, or similar circumstances make the work or services, or maintenance of such work or services, available from only one source;
(3) Work or services deemed to be available only from the original source in the case of a follow-on Contract for the continued work or services, when it is likely that award to any other source would result in: (A) substantial duplication of cost to the City that is not expected to be recovered through competition; (B) unacceptable delays in fulfilling the City's requirements; or (C) loss of warranty protection;
(4) Work or services required by statute or government regulation to be from a specific public entity or accrediting agency. For purposes of this Section 6.73, an accrediting agency is defined as a government-controlled or privately supported agency authorized to certify compliance with statutes or government regulations required for Public Works or Improvements; or
(5) Work or services needed on an expedited basis in order to use State or Federal funding made available to the department that otherwise will expire, where the need for expediency is not caused by action or inaction of the City.
(d) Justification Requirements. The Department Head's written justification for a Sole Source procurement shall be valid for no more than two years, prior to award of a Contract. Departments must assess the validity of the determination as often as is appropriate. The determination shall remain valid during the term of an executed Sole Source Contract. At a minimum, the written justification of the Department Head described in Section 6.73(c) shall address the following:
(1) The work or services required to meet the department's needs, including the estimated value;
(2) The proposed Contractor's unique qualifications to perform the work or services or why the nature of the work or services requires use of the procurement through a Sole Source;
(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;
(4) The solicitation issued to determine that the procurement is justified as a Sole Source pursuant to Section 6.73(c)(1) or a statement as to why issuing a solicitation or advertisement is impracticable, along with the results of any market research conducted;
(5) When Section 6.73(c)(3) is cited for follow-on work or services, the department shall prepare an explanation justifying why use of a competitive process would not be in the public's best interests, including: (A) a detailed estimate of the costs to the City that would be duplicated; (B) an estimate of the delay that would occur; and/or (C) loss of warranty protection that would result.
(e) Exceptions.
(1) The designation of particular materials, products, things or services in specifications for Contracts for Public Works or Improvements shall be subject to the provisions of California Public Contract Code Section 3400, as amended from time to time.
(2) In Contracts that involve 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 Section 6.73 when such laws, rules or regulations are in conflict.
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