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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
CHAPTER 6:
PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
 
Article
GENERAL PROVISIONS
CONSTRUCTION CONTRACTING
PROFESSIONAL SERVICES CONTRACTING
EXEMPTIONS FROM ARTICLES II AND III
VIOLATIONS OF ADMINISTRATIVE CODE CHAPTER 6; FALSE CLAIMS; PROCEDURES FOR DEBARMENT; MONETARY PENALTIES
 
ARTICLE I:
GENERAL PROVISIONS
 
Scope of Chapter.
Definitions.
Departments or Commissions Empowered to Contract for Public Works or Related Professional Services.
Contracting Powers and Procedure.
Preference for Local Manufacturers and Industry; Recycled Content Materials.
Compliance with Local Business Enterprise Utilization and Nondiscrimination Provisions.
Federally-funded or State-funded Contracts.
Void Contract.
Severability.
Subcontractor and Subconsultant Limitation of Rights.
 
SEC. 6.0.  SCOPE OF CHAPTER.
   Chapter 6 shall govern Public Work or Improvement contracting policies and procedures, including the procurement of professional design, consulting and construction management services for Public Work or Improvement projects.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.1.  DEFINITIONS.
   Advertisement For Bid. An Advertisement For Bid is a set of documents which includes without limitation the published Advertisement for Bids on a construction Contract; the forms to be submitted with a Bid, as required by the contracting department and CMD; the construction Contract general and special conditions; and the plans and specifications for the Public Work or Improvement.
   Award. The action taken by the City in conformance with the Administrative Code and the Charter to enter into a Contract pursuant to this Chapter 6. For Contracts in excess of the Threshold Amount, a Contract is awarded by the City when the following events have occurred:
   (1)   For departments under the Mayor, (a) the Mayor or the Mayor's designee has approved the Contract for Award and (b) the Department Head has then issued an order of Award;
   (2)   For departments empowered to contract for Public Works or Improvements with boards or commissions, (a) the Department Head has recommended to the board or commission concerned a Contract for Award and (b) such board or commission has then adopted a resolution awarding the Contract.
   For Contracts less than or equal to the Threshold Amount, a Contract is awarded when the Department Head either signs the Contract or issues an order of Award, whichever occurs first. Pursuant to Charter Section 3.105, all Contract Awards are subject to certification by the Controller as to the availability of funds.
   Bid. A sealed document submitted in response to an Advertisement For Bids. No Bid shall be deemed accepted by the City until such time as the Contract is awarded in accordance with this Chapter 6.
   Bidder. One who submits a Bid in response to an Advertisement For Bids.
   City. The City and County of San Francisco.
   Construction Manager. Any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to furnish construction management services to the City.
   Contract. For the purposes of this Chapter, a Contract is an agreement in writing between the City and any party to perform professional design services, consultant services, construction management services or construction services relative to a Public Work or Improvement. No Contract shall be deemed awarded, effective or binding on the City until such time as the requirements for Award are met, as provided in this Chapter 6.
   Contract Monitoring Division (CMD). A division of the Office of the City Administrator to which the City Administrator has delegated responsibility to implement Administrative Code Chapter 14B.
   Contractor. A party who contracts directly with the City to perform professional design services, consultant services, construction management services or construction services relevant to a Public Work or Improvement. A Contractor performing construction services may also be referred to as a "General Contractor" or a "Prime Contractor."
   Core Trade Subcontractor. A subcontractor identified by the City or the Contractor that may provide key pre-construction services for a procurement under Section 6.61 or Section 6.68.
   Department Head. The duly appointed General Manager, Director, or Executive Director of a City department authorized to perform Public Work or Improvements under Section 6.2. For purposes of this Chapter only, an authorized Department Head may designate an individual to execute on his or her behalf any document referenced in this Chapter 6, including but not limited to Contracts, change orders, modifications, service orders, task orders, approvals, progress payments, and certificates of acceptance. Such designation shall be in writing and shall identify the individual by name and title and the scope and term of the designation.
   Integrated Furniture, Fixtures, and Equipment (IFF&E). Furniture, fixtures, and/or equipment that require integration that significantly affects the building design and/or the design of interior renovation of a Public Work or Improvement due to physical dimension, power connection, or data communication, and/or coordination with construction trades, including but not limited to, electrical, plumbing, mechanical, or building controls.
   Prevailing Wage or Prevailing Rate of Wage. For purposes of this Chapter 6, the highest general prevailing rate of wage plus "per diem wages" and wages paid for overtime and holiday work paid in private employment in the City for the various crafts and kinds of labor employed in the performance of any Public Work or Improvement. "Per diem wages" are defined pursuant to Labor Code Section 1773.1, as amended from time to time.
   Public Work or Improvement. Any erection, construction, renovation, alteration, improvement, demolition, excavation, installation, or repair of any public building, structure, infrastructure, bridge, road, street, park, dam, tunnel, utility or similar public facility performed by or for the City, the cost of which is to be paid wholly or partially out of moneys deposited in the Treasury of the City. A Public Work or Improvement may include Integrated Furniture, Fixtures, and Equipment.
   Quote or Quotation. A statement or proposal setting out the estimated cost for work or services submitted in response to a request for a quote from a department for work or services on a Public Work or Improvement.
   Responsible. A Bidder or Contractor who (1) meets the qualifying criteria required for a particular project, including without limitation the expertise, experience, record of prior timely performance, license, resources, bonding and insurance capability necessary to perform the work under the Contract and (2) at all times deals in good faith with the City and submits bids, estimates, invoices, claims, requests for equitable adjustments, requests for change orders, requests for Contract modifications, or requests of any kind seeking compensation on a City Contract only upon a good faith honest evaluation of the underlying circumstances and a good faith, honest calculation of the amount sought.
   Responsive. A Bid or proposal that complies with the requirements of the subject Advertisement For Bids or request for proposals and/or qualification without condition or qualification.
   Threshold Amount. The Threshold Amount, for the purposes of this Chapter, is $600,000. On January 1, 2020, and every five years thereafter, the Controller shall recalculate the Threshold Amount to reflect any proportional increase in the Urban Regional Consumer Price Index from January 1, 2015, rounded to the nearest $1,000.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 208-02, File No. 021221, App. 10/18/02; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 96-10, File No. 100332, App. 5/13/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017)
SEC. 6.2.  DEPARTMENTS OR COMMISSIONS EMPOWERED TO CONTRACT FOR PUBLIC WORKS OR RELATED PROFESSIONAL SERVICES.
   Except as otherwise provided, the departments or commissions empowered on behalf of the City to contract for Public Works or Improvements or professional services related to a Public Work or Improvement are San Francisco Public Works, the Municipal Transportation Agency, and the Airport, Port, Public Utilities, and Recreation and Park Commissions. All other departments or commissions must procure construction or related professional services through San Francisco Public Works.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 118-00, File No. 000478, App. 6/2/2000; Ord. 58-05, File No. 041571, App. 4/1/2005Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.3.  CONTRACTING POWERS AND PROCEDURE.
   (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 or the Mayor's designee 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.
(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)
SEC. 6.4.  PREFERENCE FOR LOCAL MANUFACTURERS AND INDUSTRY; RECYCLED CONTENT MATERIALS.
   (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)
SEC. 6.5.  COMPLIANCE WITH LOCAL BUSINESS ENTERPRISE UTILIZATION AND NONDISCRIMINATION PROVISIONS.
   (a)   Application of Administrative Code Chapters 12B, 12C, and 14B. Notwithstanding any other provision of this Administrative Code, all Contracts awarded under this Chapter 6 shall be awarded in accordance with the applicable requirements and procedures established in this Chapter and Chapters 12B, 12C, and 14B.
   (b)   Review by the Contract Monitoring Division. The Contract Monitoring Division (CMD) shall review all Contracts under this Chapter to determine compliance with Chapters 12B, 12C, and 14B of the Administrative Code. 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)
SEC. 6.6.  FEDERALLY-FUNDED OR STATE-FUNDED CONTRACTS.
   (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 the Mayor's Designee 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.
(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)
SEC. 6.7.  VOID CONTRACT.
   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)
SEC. 6.8.  SEVERABILITY.
   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)
SEC. 6.9.  SUBCONTRACTOR AND SUBCONSULTANT LIMITATION OF RIGHTS.
   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)
ARTICLE II:
CONSTRUCTION CONTRACTING
 
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.
Contractor Performance Evaluation and Database.
Citywide Project Labor Agreement Ordinance.
 
SEC. 6.20.  PUBLIC WORK CONTRACTS GENERALLY.
   (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 the Mayor's designee 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.
(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)
SEC. 6.21.  REQUIREMENTS FOR BIDS AND QUOTES.
   (a)   Bids. All Advertisements For Bids for construction Contracts in excess of the Threshold Amount shall conform to and at a minimum require the following:
      (1)   Published Advertisement. The Department Head shall advertise for competitive Bids in at least one local newspaper, periodical of general circulation, or on a publically available website of the City's Office of Contract Administration and the department concerned. Such advertisement shall be published not fewer than 10 days prior to Bid opening. The department may, in its discretion, include in the published advertisement the amount of the engineer's estimate for the work to be performed.
      (2)   Award and Certification Required. All published advertisements and Advertisements For Bid 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 Bid is accepted and no contract in excess of [the Threshold Amount] is awarded by the City and County of San Francisco 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 or the Mayor's designee approves the contract for award and (b) the Department Head then issues an 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 published advertisement or Advertisement For Bids does not give rise to a contract right by a Bidder or Contractor outside of the requirements of the Charter or Administrative Code.
      (3)   Form of Bid. All Bids shall be sealed and directed to the Department Head advertising for Bids, in the format prescribed by the Department Head.
      (4)   Bid Security Requirement. All Bids shall be accompanied by a corporate surety bond, or an irrevocable standby letter of credit on a bank or trust company doing business and having an office in the State of California, having a combined capital and surplus of at least $50,000,000, and subject to supervision or examination by Federal or State authority, or a certified check on a bank or trust company doing business and having an office in the State of California, having a combined capital and surplus of at least $50,000,000, and subject to supervision or examination by Federal or State authority, payable on sight to the City and County of San Francisco, the amount of which corporate surety bond, irrevocable standby letter of credit, or certified check shall be fixed by the Department Head or officer as stated in the Advertisement For Bids, which amount shall not be less than 10% of the amount Bid for the cost of the proposed work of improvement, and no Bid shall be considered unless accompanied by a corporate surety bond or irrevocable standby letter of credit or certified check. Any irrevocable standby letter submitted pursuant to this Chapter shall be on a form provided by the City. If the amount of security required is fixed by the Department Head or officer in an amount in excess of $15,000, the form of security required shall be that of a corporate surety bond or irrevocable standby letter of credit. The requirement for a corporate surety bond, irrevocable standby letter of credit, or certified check described in this subsection shall be referred to collectively as the "bid security requirements."
         Notwithstanding the above, the bid security requirements for a particular Contract may be modified by the Department Head in accordance with Administrative Code Chapter 14B.
      (5)   Fees. The Department Head or officer calling for Bids may specify in the Advertisement For Bids for any project a nonrefundable fee to be paid by each prospective Bidder for each set of Bidding documents (including plans and specifications), such fee to defray the cost of reproducing each set of Bidding documents as determined by the Department Head or officer, and all such fees shall be deposited as an abatement of the expenditure of the appropriation against which the cost of reproducing said Bidding documents was charged.
      (6)   License. The Department Head shall specify in all Advertisements For Bids and plans for Public Work projects the classification of the Contractor's license which a Contractor shall possess at the time Bids are submitted. Except as provided in California Business and Professions Code Section 7000 et seq., Bidders and their subcontractors are required to be properly licensed at the time of Bid.
      (7)   Qualifications. The Department Head responsible for the Public Work shall require from all Bidders information concerning their experience and financial qualifications, and shall take such information into consideration in the Award of any Contract. At a minimum the Department Head shall require (A) information concerning the Contractor's experience, financial qualifications and ability to perform the terms and conditions of the Contract, and (B) information as to whether the Contractor possesses, or can obtain in time to perform the Contract, the necessary equipment. A Department Head may satisfy this requirement through a Bidder prequalification process that meets the requirement of Section 6.20(f).
      (8)   Business Tax Registration Certificate. All Advertisement For Bids shall require that Bidders submit proof of a current Business Tax Registration Certificate. Failure of a Bidder to provide such proof prior to Award, or as otherwise required in the Advertisement For Bids, could, at the discretion of the Department Head, constitute a refusal to enter into the Contract and result in a forfeiture of the Bid bond.
      (9)   Designation of Subcontractors; Subcontracting and Subletting. All Bidders shall designate their subcontractors in accordance with and shall be subject to the Subletting and Subcontracting Fair Practices Act, at California Public Contract Code Section 4100 et seq., as amended from time-to-time. In addition to the penalties provided by Public Contract Code Section 4100 et seq., violation of this subsection 6.21(a)(9) may be grounds for a determination of nonresponsibility under Article V of this Chapter 6.
      (10)   Work to Be Performed by General Contractor. The Advertisement For Bids may specify the scope of work which must be performed by the General Contractor using his/her own forces, or the specification may require the General Contractor to perform with his/her own forces up to 25% of the base Contract work. Bidders must certify with their Bids that, if awarded the Contract, they will perform with their own forces the specified scope or percentage of the total bid price (excluding alternate Bid items).
   (b)   Quotes. All requests for Quotes for construction Contracts less than or equal to the Threshold Amount shall be posted with three-days' notice. Such requests shall at a minimum require a Contractor's license, qualifications, a Business Tax Registration Certificate, participation in an apprenticeship program and compliance with subcontractor listing laws, all in accordance with the listed provisions of Sections 6.21 and 6.22.
   (c)   Right to Reject Any or All Bids or Quotes. The Department Head shall have the right to reject any or all Bids or Quotes for any reason or no reason. All Advertisement For Bids shall reserve this right, but failure to make such reservation shall not abrogate the right to reject.
   (d)   Bid Protests. Only a Bidder may submit a bid protest. The Department Head concerned shall prescribe in the Advertisement For Bids procedures for submitting Bid protests. Such procedures shall set the time by which Bid protests must be received but may not require that Bid protests be submitted fewer than five business days after the date Bids are due.
(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. 324-00, File No. 001919, App. 12/28/2000; Ord. 7-02, File No. 011675, App. 1/25/2002; Ord. 208-02, File No. 021221, App. 10/18/02; 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)
SEC. 6.22.  PUBLIC WORK CONSTRUCTION CONTRACT TERMS AND WORKING CONDITIONS.
   All construction Contracts awarded under this Chapter 6 by the City shall contain the following minimum terms and conditions:
   (a)   Bonds. Before the execution of any Contract for Public Work or Improvement in excess of $25,000, the Department Head shall require the successful Bidder to file corporate surety bonds for the faithful performance thereof and to guarantee the payment of wages for services engaged and of bills contracted for material, supplies and equipment used in the performance of the Contract. Each bond shall be for a sum not less than 100% of the awarded Contract amount.
      The City, acting through the City Administrator, intends to provide guarantees to private bonding assistance companies and financial institutions in order to induce those entities to provide required bonding and financing to eligible Contractors bidding on and performing City Public Work Contracts. This bonding and financial assistance program is subject to the provisions of Administrative Code Chapter 14B.
   (b)   Insurance. All construction Contracts awarded under this Chapter 6 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 and shall publish such requirements in the Risk Manager's Manual. The Risk Manager shall review and update such insurance requirements on an annual basis.
      Every Contractor and subcontractor shall comply with the provisions of California Labor Code Section 3700. Prior to commencing the performance of work under any Public Work Contract, the Contractor and all of its subcontractors shall file with the awarding department a certificate of insurance against liability for workers compensation or proof of self-insurance in accordance with the provisions of the California Labor Code.
   (c)   Indemnification. All construction 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 or the Mayor's designee, 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)   Prevailing Wages.
      (1)   Generally. All Contractors and subcontractors performing a Public Work or Improvement for the City shall pay its workers on such projects the Prevailing Rate of Wages as provided below. For the purpose of Prevailing Wage requirements only, the definition of a public work shall include Public Works or Improvements as defined in the Section 6.1, and shall also include (A) any trade work performed at any stage of construction (including preconstruction work) and (B) any public work paid for by the City with "the equivalent of money" under the meaning of California Labor Code Section 1720(b).
      (2)   Additional Projects Considered as "Public Works or Improvements" for Purposes of Prevailing Wages.
         (A)   Property Leased or Sold by the City.For construction work performed on real property leased by the City or sold by the City for Housing Development, as that term is defined in Administrative Code subsection 23.61(a), Contractors and subcontractors must pay prevailing wages in accordance with Article VII of Chapter 23 of the Administrative Code and this subsection 6.22(e) as applicable.
         (B)   Public Works Under California Labor Code. For the limited purposes of this subsection 6.22(e) and Section 6.24, a "public work or improvement" also means and includes all projects for "public works" as defined in California Labor Code Section 1720, and projects for which Prevailing Wages are required to be paid pursuant to California Labor Code Section 1782. This subsection 6.22(e)(2)(B) is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing grant agreement, lease, development agreement or other contract entered into by the City. Notwithstanding the prior sentence, this subsection shall apply to newly included work in pre-existing grant agreements, leases, development agreements, or other contracts amended on or after the operative date. The subsection shall apply to grant agreements, leases, development agreements and other contracts entered into by the City on or after the operative date. All grant agreements, leases, development agreements and other contracts which allow for such construction on property owned by the City that the City enters after the operative date of the subsection must contain a provision that such construction shall comply with this subsection.
      (3)   Determination of the Prevailing Wage. It shall be the duty of the Board of Supervisors, from time to time and at least once during each calendar year, to fix and determine the Prevailing Rate of Wages as follows:
         On or before the first Monday in November of each year, the Civil Service Commission shall furnish to the Board of Supervisors data as to the highest general Prevailing Rate of Wages of the various crafts and kinds of labor as paid in private employment in the City and County of San Francisco, plus "per diem wages" and wages for overtime and holiday work. The Civil Service Commission shall provide the Board of Supervisors data for "per diem wages" pursuant to California Labor Code Sections 1773.1 and 1773.9, as amended from time to time. The Board of Supervisors shall, upon receipt of such data, fix and determine the Prevailing Rate of Wages. The Prevailing Rate of Wages as so fixed and determined by the Board of Supervisors shall remain in force and shall be deemed to be the highest general Prevailing Rate of Wages paid in private employment for similar work, until the same is changed by the Board of Supervisors. In determining the highest general Prevailing Rate of Wages per diem wages and wages for overtime and holiday work, as provided for in this section, the Board of Supervisors shall not be limited to the consideration of data furnished by the Civil Service Commission, but may consider such other evidence upon the subject as the Board shall deem proper and thereupon base its determination upon any or all of the data or evidence considered.
         In the event that the Board of Supervisors does not fix or determine the highest general Prevailing Rate of Wages in any calendar year, the rates established by the California Department of Industrial Relations for such year shall be deemed adopted.
      (4)   Specifications to Include Wage Rate. The Department Head shall include in the contract specifications, or make available in the offices of the department or at the job site, a detailed statement of the Prevailing Rate of Wages as fixed and determined by the Board of Supervisors at the time the department issued the Advertisement For Bids on the contract. The Contractor shall agree to pay to all persons performing labor in and about the Public Work or Improvement the highest general Prevailing Rate of Wages as determined pursuant to this Chapter, including wages for holiday and overtime work. If the specifications do not include the Prevailing Rate of Wages, the specifications shall include a statement that copies of the Prevailing Rate of Wages as fixed and determined by the Board of Supervisors are on file at the department's principal office or at the job site and shall be made available to any interested party on request.
      (5)   Subcontractors Bound by Wage Provisions. Every contract for any Public Work or Improvement shall also contain a provision that the Contractor shall insert in every subcontract or other arrangement which he or she may make for the performance of any work or labor on a Public Work or Improvement. This provision shall be that the subcontractor shall pay to all persons performing labor or rendering service under said subcontract or other arrangement the highest general Prevailing Rate of Wages as fixed and determined by the Board of Supervisors for such labor or services.
      (6)   Records to be Kept by Contractors and Subcontractors. Every Public Works contract or subcontract for any Public Work or Improvement shall contain a provision that the Contractor shall keep, or cause to be kept, for a period of four years from the date of substantial completion of a public work, payrolls and basic records including time cards, trust fund forms, apprenticeship agreements, accounting ledgers, tax forms and superintendent and foreman daily logs for all trades workers performing work at or for a City Public Work or Improvement. Such records shall include the name, address and social security number of each worker who worked on the project, including apprentices, his or her classification, a general description of the work each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made and actual wages paid. Every subcontractor who shall undertake the performance of any part of a Public Work or Improvement shall keep a like record of each person engaged in the execution of the subcontract.
         The Contractor shall maintain weekly certified payroll records for submission to the awarding department as required. The Contractor shall be responsible for the submission of payroll records of its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the Contractor indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Board of Supervisors and that the classifications set forth for each employee conform with the work performed.
         All such records as described in this section shall at all times be open to inspection and examination of the duly authorized officers and agents of the City, including representatives of the Office of Labor Standards Enforcement.
         Should the Department Head responsible for the public work or the Labor Standards Enforcement Officer determine that a Contractor or subcontractor is not in compliance with the requirements of this subsection, the Department Head or the Labor Standards Enforcement Officer shall issue written notification to the Contractor or subcontractor mandating compliance within not fewer than 10 calendar days from the date of the notification. Should the Contractor or subcontractor fail to comply as required in the notification, the Department Head who executed the Contract or the Labor Standards Enforcement Officer may impose penalties consistent with analogous provisions of the California Labor Code, including Section 1776, as amended from time to time, for each calendar day of noncompliance, or portion thereof, for each worker. Upon the request of the responsible Department Head or the Labor Standards Enforcement Officer, the Controller shall withhold these penalties from progress payments then due or to become due.
      (7)   Additional Required Contract Provisions. Every public works Contract shall contain provisions stating that (A) the Contractor will cooperate fully with the Labor Standards Enforcement Officer and other City employees and agents authorized to assist in the administration and enforcement of the Prevailing Wage requirements and other labor standards imposed on Public Works Contractor by the Charter and Chapter 6 of the San Francisco Administrative Code; (B) the Contractor agrees that the Labor Standards Enforcement Officer and his or her designees, in the performance of their duties, shall have the right to engage in random inspections of job sites and to have access to the employees of the Contractor, employee time sheets, inspection logs, payroll records and employee paychecks; (C) the contractor shall maintain a sign-in and sign-out sheet showing which employees are present on the job site; (D) the Contractor shall prominently post at each job-site a sign informing employees that the project is subject to the City's Prevailing Wage requirements and that these requirements are enforced by the Labor Standards Enforcement Officer; and (E) that the Labor Standards Enforcement Officer may audit such records of the Contractor as he or she reasonably deems necessary to determine compliance with the Prevailing Wage and other labor standards imposed by the Charter and this Chapter on Public Works Contractors. Failure to comply with these requirements may result in penalties and forfeitures consistent with analogous provisions of the California Labor Code, including Section 1776(g), as amended from time to time.
      (8)   Non-compliance with Wage Provisions – Penalties.
         (A)   Penalty and Forfeiture. Any Contractor or subcontractor who shall fail or neglect to pay to the several persons who shall perform labor under any contract, subcontract or other arrangement on any public work or Improvement as defined in this Chapter the highest general Prevailing Rate of Wages as fixed by the Board of Supervisors under authority of this Chapter, shall forfeit; and, in the case of any subcontractor so failing or neglecting to pay said wage, the original Contractor and the subcontractor shall jointly and severally forfeit to the City back wages due plus penalties in amounts consistent with analogous provisions of the California Labor Code as amended from time to time, including Sections 1775 and 1813, but not less than $50 per day for each laborer, workman or mechanic employed for each calendar day or portion thereof, while they shall be so employed and not paid said highest general Prevailing Rate of Wages, and in addition shall be subject to the penalties set forth in Article V of this Chapter 6, including debarment.
         (B)   Enforcement.
            (i)   For a public work or improvement undertaken through a contract with the City and under which the City has the ability to withhold funds, it shall be the duty of the officer, board or commission under whose jurisdiction said Public Work or Improvement is being carried on, made or constructed, when certifying to the Controller any payment which may become due under said contract, to deduct from said payment or payments the total amount of said forfeiture provided for in this subsection. In doing so, the Department Head must also notify in writing the Labor Standards Enforcement Officer of his/her action. The Labor Standards Enforcement Officer may also upon written notice to the Department Head who is responsible for the project, certify to the Controller any forfeiture(s) to deduct from any payment as provided for in this subsection 6.22(e)(8). Certification of forfeitures under this subsection shall be made only upon an investigation and audit by the responsible Department Head or the Labor Standards Enforcement Officer and upon service of written notice to the Contractor that includes identification of the grounds for the forfeiture or forfeitures ("Certification of Forfeiture"). The audit supporting the forfeiture shall be appended to the Certification of Forfeiture, but failure to append such documentation shall not invalidate the Certification. Service of the Certification of Forfeiture shall be made by United States mail and the date of service shall be the date of mailing. The Controller, in issuing any warrant for any such payment, shall deduct from the amount which would otherwise be due on said payment or payments the amount of said forfeiture or forfeitures as so certified.
            (ii)   For any contract in which the City has required a third party to pay prevailing wages and for which the City does not have the ability to withhold funds, the Labor Standards Enforcement Officer shall determine whether a contractor and/or any subcontractor has failed to comply with the prevailing wage requirement. If after conducting an investigation, the Labor Standards Enforcement Officer determines that a violation has occurred, it shall issue to and serve a Determination of Violation on the contractor and/or any subcontractor, which sets forth the basis of the determination and orders payment of back wages due plus the penalty of at least $50 per day for each laborer, workman, or mechanic employed for each calendar day or portion thereof. Service of the Determination of Violation shall be made by United States mail and the date of service shall be the date of mailing.
         (C)   Recourse Procedure. A Contractor and/or a subcontractor may appeal from a Certification of Forfeiture under subsection 6.22(e)(8)(B)(i) or Determination of Violation under subsection 6.22(e)(8)(B)(ii). The Controller shall adopt and maintain rules and regulations for any appeal under this subsection 6.22(e)(8)(C), which rules shall be consistent with the following parameters:
            (i)   Any Appeal from Certification of Forfeiture or Determination of Violation (referred to in this subsection 6.22(e)(8)(C) as the "Appeal") shall be filed in writing by the Contractor and/or subcontractor (referred to in this subsection 6.22(e)(8)(C), whether singular or plural, as the "Appellant") within 15 days of the date of service of the Certification of Forfeiture or Determination of Violation. Appellant shall file the Appeal with the City Controller and serve a copy on the Labor Standards Enforcement Officer. Failure by the Contractor or subcontractor to submit a timely, written Appeal shall constitute concession to the forfeiture or determination, and the forfeiture or determination shall be deemed final upon expiration of the 15-day period.
            (ii)   The Office of Labor Standards Enforcement shall promptly afford Appellant an opportunity to meet and confer in good faith regarding possible resolution of the Certification of Forfeiture or Determination of Violation in advance of further proceedings under this subsection 6.22(e)(8)(C), with the intention that such meeting occur within 30 days of the date the Appeal is filed.
            (iii)   After the expiration of 30 days following the date the Appeal is filed, any party may request in writing, with concurrent notice to all other parties, that the Controller appoint a hearing officer to hear and decide the Appeal. If no party requests appointment of a hearing officer, the Certification of Forfeiture or Determination of Violation shall be deemed final on the 60th day after the date the Appeal is filed.
            (iv)   Within 15 days of receiving a written request for appointment of a hearing officer under subsection 6.22(e)(8)(C)(iii), the Controller shall appoint an impartial hearing officer and immediately notify the enforcing official and Appellant, and their respective counsel or authorized representative if any, of the appointment. The appointed hearing officer shall be an Administrative Law Judge with at least 10 years' experience with the City and not less than two years experience in labor law, Prevailing Wage, and/or wage and hour matters; or shall be an attorney with knowledge and not less than five years' experience in labor law, Prevailing Wage, and/or wage and hour matters.
            (v)   The hearing officer shall promptly set a date for a hearing. The hearing must commence within 45 days of the date of the notification of the hearing officer appointment, and conclude within 75 days of such notice. The hearing officer shall conduct a fair and impartial evidentiary hearing in conformance with the time limitations set forth in this subsection 6.22(e)(8)(C) and in the rules and regulations, so as to avoid undue delay in the resolution of any appeal. The hearing officer shall have the discretion to extend the times under this subsection 6.22(e)(8)(C), and any time requirements under the rules and regulations, only upon a showing of good cause.
            (vi)   Appellant has the burden of proving by a preponderance of the evidence that the basis for the Certification of Forfeiture or Determination of Violation is incorrect, including any back wage and penalty assessments that are at issue in the appeal.
            (vii)   Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or dismissing the Certificate of Forfeiture or Determination of Violation. The decision of the hearing officer shall consist of findings and a determination. The hearing officer's findings and determination shall be the final determination.
            (viii)   Appellant may appeal a final determination under this subsection 6.22(e)(8) only by filing in the San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, Section 1084, et seq., as applicable and as may be amended from time to time.
         (D)   Distribution of Forfeiture and Damages. The Controller shall withhold any forfeiture as provided in the foregoing paragraphs until such time as either the Contractor or subcontractor has conceded to the forfeiture or, in the event of an Appeal, there is a determination no longer subject to judicial review. The Controller shall then distribute the amounts withheld in the following order: (1) the Labor Standards Enforcement Officer shall make best efforts to distribute back wages withheld to the individual workers identified as not having been paid the proper wage rate; (2) the penal sums provided for above shall inure to the benefit of the general fund of the City; (3) the Controller shall hold the balance of any back wages in escrow for workers who the Labor Standards Enforcement Officer, despite his or her best efforts, cannot locate. In the event back wages are unclaimed for a period of three years, the Controller shall undertake administrative procedures for unclaimed funds in conformance with California Government Code Section 50050, et seq., as may be amended from time to time. This subsection 6.22(e)(8)(D) also shall be applicable to damages obtained as a result of an enforcement action pursuant to subsection 6.22(e)(8)(E), as applicable.
         (E)   Remedies for Non-Compliance with Determination of Violation. No later than 30 days after receipt of a Notice of Determination or, in the case of an Appeal, after an adverse final determination by a hearing officer, the contractor and/or subcontractor shall comply with the Notice of Determination of Violation by paying the amounts due for back wages and any penalty amount as set forth in the Determination of Violation or final determination. The contractor and/or subcontractor shall, in addition, be subject to the penalties set forth in Article V of this Chapter 6, including debarment. If any contractor and/or subcontractor fails to pay the amounts required under this subsection 6.22(e)(8)(E) within the required 30 days, the City may bring a civil action in a court of competent jurisdiction against the non-complying party and, upon prevailing, shall be entitled to such legal and equitable relief as may be appropriate to remedy the violation including, without limitation: (i) damages in the amount of back wages and any penalty amounts due to workers for violation of the prevailing wage requirement, which amounts the City shall, on receipt, distribute to workers following the procedures in subsection 6.22(e)(8)(D); and (ii) an award of reasonable attorney's fees and costs.
   (f)   Hours and Days of Labor.
      (1)   Generally. For the purpose of meeting prevailing conditions and enabling employers to secure a sufficient number of satisfactory workers and artisans, no person performing labor or rendering service in the performance of any Contract or subcontract for any Public Work or Improvement as defined in this Chapter shall perform labor for a longer period than five days (Monday through Friday) of eight hours each, with two 10-minute breaks per eight-hour day, except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standards and rates.
      (2)   Noncomplianceand Forfeiture. Any Contractor or subcontractor who shall violate any of the provisions of this subsection 6.22(f) shall be liable for the same penalties and forfeits as those specified in subsection6.22(e) of this Chapter; penalties and forfeits shall be applicable for each laborer, mechanic or artisan employed for each calendar day or portion thereof whereon such laborer, mechanic or artisan is compelled or permitted to work more than the days and hours specified herein. The provisions of this subsection 6.22(f) shall be made a part of all Contracts and subcontracts for the construction of any Public Work or Improvement.
      (3)   Contracts Outside City and County. In the event that any Public Work or Improvement is to be constructed outside of the City and at such a distance therefrom that those engaged in performing labor on the Public Work or Improvement must under ordinary conditions remain at or near the site of the Public Work or Improvement when not actually engaged in the performance of labor thereon, then the officer, board or commission responsible for the construction of the Public Work or Improvement may, in making specifications or letting Contracts therefor, make provision therein for days and hours of labor beyond the limitations provided for in subsection 6.22(f) of this Chapter 6; but not to exceed eight hours in any one calendar day, or six days in any calendar week. In the event that emergency conditions shall arise, making a change advisable during the performance of any such Contract, or any portion thereof, the hours and days of labor may be extended beyond the limits hereinabove expressed; but not to exceed eight hours per day, upon the written authority of the officer, board or commission awarding such Contract. Failure of the Contractor to perform such Contract within the time provided shall not constitute an emergency.
   (g)   Local Hiring Policy. All Contracts and subcontracts for performance of Public Works or Improvements that exceed the Threshold Amount are subject to the requirements of the San Francisco Local Hiring Policy for Construction as set forth in Chapter 82 of the Administrative Code (“Local Hiring Policy”) and shall include compliance with the Local Hiring Policy as a material term of the Contract, directly enforceable by the City as described therein. As a condition of performance of Project Work, as that term is defined in Administrative Code Section 82.3, each Contractor and subcontractor agrees: to comply with all provisions of the Local Hiring Policy; that provisions of the Local Hiring Policy are reasonable and are achievable by the Contractor or subcontractor, including the reporting requirements and consequences for noncompliance described in Chapter 82 of the Administrative Code; and that the Contractor or subcontractor had a full and fair opportunity to review and understand terms of the Local Hiring Policy, in consultation with counsel if so desired.
   (h)   Modifications - Requirements. If it becomes necessary in the prosecution of any Public Work or Improvement Contract to make alterations or modifications or to provide for extras, such alterations, modifications or extras shall be made only on written recommendation of the Department Head responsible for the supervision of the Contract, together with the approval of the Mayor or the Mayor's designee or the board or commission, as appropriate to the department, and also the approval of the Controller, except as hereafter provided. The Mayor or the board or commission, as appropriate to the department, may delegate in writing the authority to approve such alterations, modifications or extras to the Department Head, except as provided below. The Controller may delegate in writing the authority to encumber funds from prior appropriations for such alterations, modifications or extras to the Department Head prior to the certification for payment. Such authority, when granted, will clearly state the limitations of the changes to be encompassed.
      (1)   Increasing or Decreasing Price. Alterations, modifications, or extras in any Contract, which will increase or decrease the Contract cost or scope, may be made or allowed only on the written recommendation of the Department Head responsible for the supervision of the Contract stating the amount and basis for such increase or decrease. For any cumulative increase or decrease in price in excess of 10% of the original Contract price or scope, the Department Head shall obtain the approval of the Mayor or Mayor's designee or the board or commission as appropriate and also the approval of the Controller notwithstanding any delegation provided for above.
      (2)   Extensions of Time. Upon finding that work under a construction Contract cannot be completed within the specified time because of an unavoidable delay as defined in the Contract, the Department Head may extend the time for completion of the work. If the cumulative extensions of time exceeds 10% of the original Contract duration, the Department Head shall obtain the approval of the Mayor, the Mayor's designee, board or commission, as appropriate to the department notwithstanding any delegation provided for above. The Department Head may seek such approval after completion of the work if the Department Head makes a written finding in the time extension that no basis exists to assess liquidated damages for delay against the Contractor. All time extensions shall be in writing, but in no event shall any extension be granted subsequent to the issuance of a certificate of final acceptance.
         (A)   Time Extension Not Waiver of City's Rights. The granting of an extension of time because of unavoidable delays shall in no way operate as a waiver on the part of the City or the Department Head, Mayor, board or commission of the right to collect liquidated damages for other delays or of the right to collect other damages or of any other rights to which the City is entitled.
         (B)   No Extension Granted When Contract Based on Time Estimates. When any Award of Contract has been made in consideration, in whole or in part, of the relative time estimates of Bidders for the completion of the work, no extension of time may be granted on such Contract beyond the time specified for completion, unless the liquidated damages for each day the work is uncompleted beyond the specified time shall be collected; provided, however, that this shall not apply to unavoidable delays as specified in the Contract.
         (C)   Avoidable and Unavoidable Delay; Limitation of Damages for Delay. The Department Head administering the Public Work or Improvement shall have the authority to specify in the Contract the delays that shall be deemed avoidable or unavoidable. The City shall not pay damages or compensation of any kind to a Contractor because of delays in the progress of the work, whether such delays be avoidable or unavoidable; provided, however, the City may pay for (1) delays caused to the Contractor by the City and (2) such unavoidable delays as may be specifically stated in the Contract. Such latter delays will be compensated for only under the conditions specified in the Contract.
         (D)   Notice of Delay Required. The Contractor shall promptly notify the Department Head in writing, of all anticipated delays in the prosecution of the work and, in any event, promptly upon the occurrence of a delay, the notice shall constitute an application for an extension of time only if the notice requests such extension and sets forth the Contractor's estimate of the additional time required together with a full recital of the causes of unavoidable delays relied upon. The Department Head may take steps to prevent the occurrence or continuance of the delay, may classify the delay as avoidable or unavoidable, and may determine to what extent the completion of the work is delayed thereby.
   (i)   Liquidated Damages. Any Contract may provide a time within which the Contract work, or portions thereof, shall be completed and may provide for the payment of agreed liquidated damages to the City for every calendar or working day thereafter during which such work shall be uncompleted.
   (j)   Progressive Payments Authorized; Retentions. Any Contract for construction services may provide for progressive or milestone payments, if the Advertisement For Bids shall so specify. Each progress or milestone payment shall constitute full compensation for the value of work performed and materials furnished for a specified period, less amounts withheld as a result of dispute or as required by law.
      (1)   For all Contracts entered into on or after the effective date of this subsection 6.22(j), from every progress payment, the City shall hold 5% in retention.
      (2)   Notwithstanding the subsection 6.22(j)(1) above, the City may hold greater than 5% but not more than 10% in retention if the Department Head responsible for the Public Work determines that the Public Work or Improvement is substantially complex and therefore warrants a higher retention amount, and the retention amount is specified in the Advertisement For Bids. For Contracts with retention amounts greater than 5%, if the Department Head responsible for the Public Work determines that the Contract is 50% or more complete, that the Contractor is making satisfactory progress, and that there is no specific cause for greater withholding, the Department Head, upon the written request of Contractor, may authorize one of the following two options: (A) the City shall release part of the retention to the Contractor so that the amount held in retention by the City, after release to the Contractor, is reduced to an amount not less than 5% of the total value of the labor and materials furnished, and the City shall proceed to retain 5% of any subsequent progress payment under the Contract; or (B) the City shall continue to hold the already withheld retention amount, up to 5% of the total Contract price, and shall not deduct further retention from progress payments.
      (3)   The Department Head shall authorize the release of retention, in whole or in part, for work completed by subcontractors certified by CMD as LBEs. The Department Head shall do so only upon a written request by the Contractor certifying (A) the work by the certified LBE subcontractor is completed and satisfactory in accordance with the plans and specifications for the project; (B) the total amount paid to the certified LBE subcontractor by the Contractor as of the date of the written request and the total amount of the subcontract; and (C) the amount of retention associated with the work performed by the certified LBE subcontractor. Following a release of such retention, and in order to calculate retention and retention withholding from further progress or milestone payments, the City will reduce the total retention required under the foregoing paragraphs (1) and (2) by the amount paid to the certified LBE subcontractor(s) for whom the City released the retention. The release of retention under this subsection 6.22(j)(3) shall not reduce the responsibilities or liabilities of the Contractor or its surety under the Contract or applicable law.
      (4)   The Department Head shall authorize the release of retention, in whole or in part, for work completed by subcontractors under any Public Work Contract awarded under this Chapter 6 with a duration of more than two years. The Department Head shall do so only upon a written request by the Contractor certifying (A) the work by the subcontractor is completed and satisfactory in accordance with the plans and specifications for the project; (B) the total amount paid to the subcontractor by the Contractor as of the date of the written request and the total amount of the subcontract; and (C) the amount of retention associated with the work performed by the subcontractor. The City may issue or authorize the release of retention within six months of the date of the request. Following a release of such retention, and in order to calculate retention and retention withholding from further progress or milestone payments, the City will reduce the total retention required under the foregoing subsections (1) and (2) by the amount paid to the subcontractor(s) for whom the City released retention. The release of retention under this subsection 6.22(j)(4) shall not reduce the responsibilities or liabilities of the Contractor or its surety under the Contract or applicable law.
      (5)   Retention shall be withheld solely for the benefit and protection of the City.
      (6)   When the Department Head responsible for the Public Work determines that the Contract is 98% or more complete, the Department Head may reduce retention funds to an amount equal to 200% of the estimated value of work yet to be completed, plus any amount necessary to cover offsets by the City for liquidated damages, defective work, stop notices, forfeitures, and other charges. The City shall release retention to the Contractor upon the following conditions: (A) the Contractor has reached final completion under the Contract terms and conditions and (B) the Contract is free of offsets by the City for liquidated damages, defective work and the like, and is free of stop notices, forfeitures, and other charges.
      (7)   For all Contracts awarded under this Chapter 6, in no event shall the City be liable for interest or charges arising out of or relating to the date the City issues any progress, milestone, or other payment, or the date the City releases all or part of the retention, except that the City will pay interest at the legal rate, as set forth in Section 685.010(a) of the California Code of Civil Procedure, as may be amended from time to time, on any improperly withheld amounts commencing no earlier than 90 days after the date the City should have made any progress payment or released all or part of the retention. Under no circumstances shall the legal rate of interest paid by the City under this provision exceed 10% per annum. The payment of interest under this provision is the limit of the City's liability with respect to any claim for interest on improperly withheld amounts.
   (k)   Inspection and Acceptance of Completed Work; Final Payment. The Department Head shall be responsible for the inspection and acceptance of Public Works or Improvements on completion. Such acceptance shall be in writing and shall include the certificate of the Department Head concerned that the work covered by the Contract has been fully and satisfactorily completed in accordance with the plans and specifications therefor. Receipt of copy of such acceptance in writing shall constitute the Controller's authority to complete any payments due the Contractor under the Contract; provided that the Controller may make such additional investigation or inspection as is provided by Administrative Code Section 10.07.
   (l)   Termination for Convenience. In all Contracts for the construction of any Public Work or Improvement, the Department Head may include in the specifications setting forth the terms and conditions for the performance of the Contract a provision that the City may terminate the performance of work under the Contract whenever the Department Head shall determine, with the approval of the Mayor, the Mayor's designee or the board or commission concerned, that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective. The Department Head is hereby authorized to include within such construction Contract the appropriate language to implement this subsection 6.22(l).
   (m)   Articles Not to be Prison Made. No article furnished under any Contract awarded under the provisions of this Chapter 6 shall have been made in a prison or by convict labor except for articles made in prisons or by convicts under the supervision and control of the California Department of Corrections and limited to articles for use by the City's detention facilities.
   (n)   Employment of Apprentices. All construction Contracts awarded under this Chapter 6 shall require the Contractor to comply with the requirements of the State Apprenticeship Program (as set forth in the California Labor Code, Division 3, Chapter 4 [commencing at Section 3070] and Section 1777.5), as it may be amended from time to time, and shall require the Contractor to include in its subcontracts the obligation for subcontractors to comply with the requirements of the State Apprenticeship Program.
   (o)   Safety. All construction Contracts awarded under this Chapter 6 shall require the Contractor and all of its subcontractors to abide by the applicable Occupational Safety and Health statutes and regulations.
      Additionally, all construction Contracts awarded under this Chapter 6 shall require the Contractor and all of its subcontractors to abide by the requirements of Administrative Code Section 64.1, prohibiting masonry-dry cutting and masonry dry-grinding, with exceptions.
   (p)   Claims. The City shall consider only those claims for additional payment under a Contract that are certified and that conform to the Contract requirements for claims, pricing, and schedule.
      (1)   Claims by Contractors. The Contractor shall certify under penalty of perjury that (A) the claim is made in good faith; (B) the supporting data are accurate and complete to the best of Contractor's knowledge and belief; and (C) the amount request accurately reflects the Contract adjustment for which the Contractor believes the City is liable. An individual or officer authorized to act on behalf of the Contractor shall execute the certification.
      (2)   Claims by Subcontractors. Subcontractors at any tier are not third-party beneficiaries of any Contract awarded under this Chapter. The City shall not consider a direct claim by any subcontractor. A Contractor presenting to the City any claim on behalf of a subcontractor must certify the subcontractor's claim in the same manner the Contractor would certify its own claim under the foregoing subsection 6.22(p)(1).
   (q)   Contractor Prompt Payment. All construction 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 6.22(q) 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 6.22(q) 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. 153-00, File No. 000805, App. 6/30/2000; Ord. 237-00, File No. 001207, App. 10/20/2000; Ord. 7-02, File No. 011675, App. 1/25/2002; Ord. 208-02, File No. 021221, App. 10/18/2002; Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 107-05, File No. 050215, App. 6/10/2005; Ord. 131-06, File No. 060444, App. 6/22/2006; Ord. 119-08, File No. 080277, App. 7/11/2008; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 23-10, File No. 091233, App. 2/11/2010; Ord. 311-10, File No. 101311, App. 12/23/2010; Ord. 79-11, File No. 110330, App. 5/19/2011, Eff. 6/18/2011; Ord. 225-12, File No. 120750, App. 11/1/2012, Eff. 12/1/2012; Ord. 27-13 , File No. 121200, App. 2/19/2013, Eff. 3/21/2013; Res. 80-14, File No. 140091, App. 3/21/2014; Ord. 32-14 , File No. 140090, App. 3/27/2014, Eff. 4/26/2014, Oper. 6/25/2014; Ord. 85-14 , File No. 140151, App. 6/19/2014, Eff. 7/19/2014, Oper. 9/17/2014 (part); Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; Ord. 84-17, File No. 170004, App. 3/30/2017, Eff. 4/29/2017, Retro. 3/25/2017)
SEC. 6.23.  PUBLIC WORKS TO BE PERFORMED BY THE CITY; BIDS BY CITY DEPARTMENTS; PROCEDURE UPON REJECTION OR FAILURE OF BIDS.
   (a)   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 by the employment of the necessary labor and purchase of the necessary materials and supplies directly by the City.
   (b)   Bids or Quotes by City Departments. Appropriate City departments may file Bids or submit Quotes for the execution of any work to be performed under a Contract and shall not be required to furnish security or submit information relative to financial qualifications as provided in this Chapter 6. Any Bid submitted by a department of the City, if it is the lowest Bid, must be approved by the Controller before the Award of the Contract. If the Bid of a City department, as investigated and approved by the Controller, is the lowest, the Contract shall be awarded to the department which shall record accurate unit costs of all direct and indirect charges incurred under any such Contract. Such unit costs shall be reported to and audited by the Controller monthly and on completion of the work.
      The Controller shall maintain records of Bids filed by departments in relation to the total direct and indirect cost of each such work and shall report thereon periodically to the Mayor. The Controller may refuse to approve Contracts with a department shown to be repeatedly underbidding on Contract work and failing to complete same within the Contract price or time.
   (c)   Procedure Upon Rejection or Failure of Bids. When Bids have been advertised pursuant to the required procedures and a department receives no Bids, or only one ResponsiveBid from a Responsible Bidder, the Department Head shall take the following actions, as appropriate:
      (1)   No Bids Received. If no Bids are received, the Department Head shall determine (A) whether further outreach efforts would result in Contractors submitting Bids and/or (B) whether removal or modification of certain requirements in the Contract would result in Contractors submitting Bids, provided that such requirements are not required by statute or law and their removal or modification would not compromise the interests of the City. If the Department Head determines that steps (A) and/or (B), above, would likely result in Contractors submitting Bids, then the Department Head shall re-bid the work. If the Department Head determines that neither step (A) nor (B), above, would likely result in Contractors submitting Bids, then the Department Head, with the approval of the Mayor, the Mayor's designee, or the board or commission concerned, as appropriate, may negotiate with any qualified Contractor or may order the work to be executed by the City.
      (2)   One Responsive Bid Received; No Other Bids Received. If only one ResponsiveBid is received from a Responsible Bidder, and no other Bids are submitted for the same work, the Department Head may recommend the Award of a Contract to the sole Bidder at the bid price received, provided that the bid price does not exceed the engineer's estimate for the work. If the bid price received exceeds the engineer's estimate, the Department Head shall determine (A) whether further outreach efforts would result in more than one Bid and/or (B) whether removal or modification of certain requirements in the Contract would result in more than one Bid, provided that such requirements are not required by statute or law and their removal or modification would not compromise the interests of the City. If the Department Head determines that steps (A) and/or (B), above, would likely result in more than one Bid at bid prices substantially lower than the bid price received, then the Department Head shall re-bid the work. If the Department Head determines that neither step (A) nor (B), above, would likely result in more than one Bid at bid prices substantially lower than the bid price received, then the Department Head, with the approval of the Mayor, the Mayor's designee, or the board or commission for the department concerned, as appropriate, may negotiate with the sole Bidder or any qualified Contractor, or may order the work to be executed by the City. The cost of negotiated work or the cost of work executed by the City shall not exceed any bid price received for the same work.
      (3)   One Responsive Bid Received; Other Nonresponsive Bids Received. If only one ResponsiveBid is received from a Responsible Bidder and other, nonresponsive Bids and/or Bids by nonresponsible Bidders are submitted for the same work, the Department Head may recommend the Award of a Contract to the sole Responsive, Responsible Bidder at the bid price received, provided that the bid price does not exceed the engineer's estimate for the work. If the Responsive bid price received exceeds the engineer's estimate, the Department Head shall determine (A) whether the qualifications for Bidders were too onerous and not necessary for the work and/or (B) whether one or more of the nonresponsive Bids could be easily cured and whether the Bidders that submitted such Bids are still interested in bidding on the work. If the Department Head determines that steps (A) and/or (B), above, would likely result in more than one ResponsiveBid by Responsible Bidders, at bid prices substantially lower than the bid price received, then the Department Head shall re-bid the work. If the Department Head determines that neither step (A) nor (B), above, would result in more than one ResponsiveBid by Responsible Bidders at bid prices substantially lower than the bid price received, then the Department Head, with the approval of the Mayor, the Mayor's designee, or the board or commission concerned, as appropriate, may negotiate with the sole Responsible Bidder or any qualified Contractor, or may order the work to be executed by the City. The cost of negotiated work or the cost of work executed by the City shall not exceed any bid price received for the same work.
      (4)   All Contracts awarded under this subsection 6.23(c), including negotiated Contracts, shall require that the substitution of subcontractors be in accordance with California Public Contract Code Section 4107.
(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 119-08, File No. 080277, App. 7/11/2008; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.24.  OFFICE OF LABOR STANDARDS ENFORCEMENT; PREVAILING WAGE REQUIREMENTS.
   (a)   Subject to the approval of the Mayor and Director of the Department of Administrative Services, the Labor Standards Enforcement Officer shall develop and administer a plan for the enforcement of the Prevailing Wage requirements and other labor standards imposed by the Charter and this Chapter 6 on Public Work or Improvements as defined in subsection 6.22(e). The Labor Standards Enforcement Officer shall coordinate his or her activities with federal and state labor standards agencies. The Labor Standards Enforcement Officer shall direct the City's enforcement of the Prevailing Wage requirements and other labor standards imposed by the Charter and this Chapter 6 on Contractors as directed by the Mayor, and to this end all City departments shall cooperate with the Labor Standards Enforcement Officer. The Labor Standards Enforcement Officer has the authority to seek for violations of Prevailing Wage, working conditions and apprenticeship requirements all of the penalties imposed by this Chapter, including the authority to file charges, in the same manner and to the same extent as a Department Head, which may lead to the debarment of the Contractor under Article V of this Chapter 6. The Labor Standards Enforcement Officer shall oversee the training of City personnel in the area of labor standards enforcement. In accordance with applicable law, the Mayor may enter into a contract for investigative and monitoring services to further the purposes of this Section 6.24. In evaluating the qualifications of persons seeking that contract, the Mayor shall consider, among other relevant factors, the experience of those persons in monitoring and investigating labor standards compliance.
   (b)   Subject to the fiscal and budgetary provisions of the Charter, the Office of Labor Standards Enforcement is authorized to receive from departments awarding contracts the amount reasonably calculated to pay for the costs, including litigation costs, of enforcing the City Prevailing Wage requirements and other labor standards for contracts awarded by those departments. The Labor Standards Enforcement Officer shall supervise the expenditure of all funds appropriated for enforcement of Prevailing Wage requirements and other labor standards imposed by the Charter and this Chapter 6 on Contractors.
   (c)   The Labor Standards Enforcement Officer shall establish an administrative procedure to address allegations of labor standards violations in connection with any contract under this Chapter 6. The Labor Standards Enforcement Officer shall have sole authority over the administration of this complaint procedure. The complaint procedure shall include but need not be limited to the following: (1) any person may file a complaint, written or oral, alleging one or more violations of any labor standards requirement imposed by this Chapter 6 on Public Work Contractors; (2) before beginning to investigate the complaint, the Labor Standards Enforcement Officer shall determine if the allegations of the complaint are sufficient and based on that assessment shall determine to either dismiss it or proceed with an investigation; (3) if the Labor Standards Enforcement Officer at any time determines that the allegations contained in the complaint are without merit, the Labor Standards Enforcement Officer shall notify the complainant; and (4) if the Labor Standards Enforcement Officer finds that any allegations in a complaint have merit, the Labor Standards Enforcement Officer shall proceed in accordance with the enforcement procedures under Section 6.22. This complaint procedure is applicable to allegations of labor standards violations in connection with any Public Work contract under this Chapter 6, but is not applicable to those matters under the administrative jurisdiction of the San Francisco Human Rights Commission. This procedure shall not preclude the Labor Standards Enforcement Officer from initiating or proceeding with an investigation on his or her own authority. All Contractors and departments engaged in Public Work shall cooperate fully with the Office of Labor Standards Enforcement in connection with any investigation of any complaint filed in accordance with this complaint procedure. The Labor Standards Enforcement Officer may interview, either at the worksite or elsewhere, any witness who may have information relative to a complaint.
(Added by Ord. 237-00, File No. 001207, App. 10/20/2000; amended by Ord. 208-02, File No. 021221, App. 10/18/2002; Ord. 8-03, File No. 021856, App. 1/31/2003; Ord. 5-06, File No. 051652, App. 1/20/2006; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.25.  CONTRACT REQUIREMENTS FOR CLEAN CONSTRUCTION.
   (a)   All work performed on a Major Construction Project, as defined in Environment Code Section 2503, shall be carried out in compliance with the Clean Construction requirements of Environment Code Chapter 25. The Department Head or officer calling for Bids for contracts for work to be performed on a Major Construction Project shall specify in the Advertisement for Bids that Clean Construction is required for the performance of all work unless a waiver of all or part of the requirements of that Chapter has been granted under Sections 2505 or 2507.
   (b)   Every Contract for work to be performed on a Major Construction Project shall contain provisions, in a form to be approved by the City Attorney: (A) requiring that the Contractor comply with Chapter 25 of the Environment Code, (B) authorizing waivers as set forth in Environment Code Sections 2505 and 2507, and (C) specifying liquidated damages in the amount of $100 per day per each piece of off-road equipment and each off-road engine utilized to complete work on the project in violation of Environment Code Chapter 25.
(Added by Ord. 70-07, File No. 061432, App. 4/2/2007; amended by Ord. 28-15 , File No. 140805, App. 3/19/2015, Eff. 4/18/2015; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.26.  CONTRACTOR PERFORMANCE EVALUATION AND DATABASE.
   (a)   Each Department Head or Director authorized to enter into Contracts for Public Works or Improvements under Article IV of this Chapter 6 shall document, evaluate, and report the performance of all Contractors awarded construction Contracts under this Chapter 6.
   (b)   The awarding departments shall work with the Office of the Controller to create and maintain a database to collect the Contractor performance evaluations.
   (c)   This Section 6.26 shall become operative on March 31, 2017 and shall apply to all Contracts first advertised or initiated on or after this date.
   (d)   Within one year of the effective date of this Section 6.26, the Department Heads referenced in subsection (a) shall submit to the Board of Supervisors a report that describes the departments' implementation of this contractor performance evaluation program and database. The report shall include each department's outreach with different stakeholders including the Contract Monitoring Division. Concurrent with the report, the Department Heads shall submit to the Board of Supervisors a proposed resolution to accept the report.
(Added by Ord. 94-16 , File No. 160225, App. 6/3/2016, Eff. 7/3/2016)
SEC. 6.27.  CITYWIDE PROJECT LABOR AGREEMENT ORDINANCE.
   (a)   Short Title. This Section 6.27 shall be known and may be cited as the Citywide Project Labor Agreement Ordinance.
   (b)   Findings and Purpose.
      (1)   Certain public work and improvement projects can involve numerous contractors and employees in different trades, have critical timelines for completion, and require a skilled and properly-trained workforce to successfully complete the work in a proper and timely manner. To avoid costly delays and additional expense to the City, it is essential that construction on such projects proceed without the labor disruptions that can occur on long-term projects, both from external labor relations problems and from the frictions that often arise when a large number of contractors and their employees and subcontractors work in proximity to one another on a job site.
      (2)   Additionally, in a complex and highly developed urban environment such as San Francisco, many smaller projects can be of substantial importance to City residents, whether through provision of basic services or through the establishment or maintenance of conditions for economic, physical, or emotional well-being, such that it is highly desirable and even essential to avoid the delay in their completion that might result from labor disruptions.
      (3)   In the private sector, project labor agreements have been used for many years on numerous construction projects to achieve satisfactory performance and the economic benefits that result from having a guaranteed source of skilled workers and from avoiding work disruptions.
      (4)   In San Francisco, project labor agreements have been and are being used successfully by public entities including the San Francisco Public Utilities Commission, the San Francisco Community College District, the San Francisco Unified School District, the Transbay Joint Powers Authority, and the United States General Services Administration, as well as by many private entities, for construction in both large and small scale projects, including hospitals, reservoirs, water treatment and transmission facilities, schools, offices, and residences, and for the retrofit and remodel of existing buildings and facilities. Such agreements have been a major factor in producing quality construction work and projects completed on time, within budget, without labor strife or disruptions.
      (5)   Beyond San Francisco, throughout the Bay Area and Northern California, project labor agreements have been used successfully on numerous public and private construction projects, and public entities such as the County of Contra Costa, the Bay Area Rapid Transit District, the Oakland Unified School District, the City of Berkeley, and others, maintain Project Labor Agreement Ordinances and Policies requiring the use of project labor agreements on their publicly funded construction projects. The same is true of the San Francisco International Airport, a City entity located in the County of San Mateo.
      (6)   The cyclical nature of our economy has led and will lead to high levels of unemployment and underemployment of San Francisco residents, particularly in certain neighborhoods and communities. Statistics also indicate that high levels of unemployment or underemployment correlate to a higher number of families living at or near the poverty line. As a result, it is the policy of the City to increase and improve the employment of persons living in San Francisco in an attempt to counteract the grave economic ills associated with the unemployment and underemployment levels that have existed and will exist within San Francisco.
      (7)   There is a need to provide San Francisco residents with more opportunities to participate in workforce development and pre-apprenticeship programs that include life skills training and job readiness training. To this end, the City has funded the CityBuild Academy established by the Office of Economic and Workforce Development and has funded and may in the future fund additional programs such as the Mario DeLaTorre Academy. Such pre-apprenticeship programs increase the capacity of San Francisco residents to succeed later in formal apprenticeship programs and hence reduce unemployment and underemployment and accompanying poverty and economic conditions.
      (8)   The construction crafts that work on City-funded projects require a supply of new apprentices to perpetuate the crafts into the future. Through their apprenticeships, these crafts provide genuine opportunities for long-term, well-paid careers in the construction industry. Entry into and employment through these apprenticeships can be facilitated by formal understandings between the City and the labor organizations affiliated with the San Francisco Building and Construction Trades Council.
      (9)   In addition, large numbers of returning veterans will be seeking employment on City-funded construction projects and training opportunities for entrance into the construction industry. Such training opportunities are available through a program known as “Helmets to Hardhats,” a program that current City project labor agreements require contractors and subcontractors to use.
      (10)   In addition, economic exclusion and the City’s housing crisis have led and will continue to lead to significant displacement and out-migration of San Francisco residents, particularly from historically African-American neighborhoods, which have suffered steady and disproportionate population decline since 1970. There is a need to provide economic opportunities to enable such displaced residents to return to San Francisco.
      (11)   The use of project labor agreements has proven to be a valuable vehicle for accomplishing all of the goals set out above.
   (c)   Definitions. For purposes of this Section 6.27, the following definitions shall apply:
      “Core Employee” means an employee of a Contractor who has not previously had a relationship with the Unions who demonstrates the following qualifications: (1) possesses any license required by state or federal law for the Project work to be performed; (2) has worked a total of at least 1,000 hours in the construction craft during the prior three years; (3) has been on the Contractor’s active payroll for at least 500 hours during a time period to be determined in the Project Labor Agreement; and (4) has the ability to perform safely the basic functions of the applicable trade.
      “Cost” means the amount of money the Department Head estimates the City will spend on construction work. “Cost” does not include money the Department Head projects the City will spend on City employees, project managers, program managers, construction managers, and design teams (including, but not limited to, architects and engineers, or any other consultant employed by a City Department and their respective sub-consultants, and other employees of professional service organizations, unless performing craft work).
      “Covered Project” means a project performed under a Contract involving Public Work or Improvement as those terms are defined in Administrative Code Section 6.1, if either: (1) the Contract is funded in whole or in part by a General Obligation Bond or Revenue Bond and the Department Head estimates the Cost of the Contract to exceed the following threshold amounts: $5,000,000 for Covered Projects where the Advertisement for Bid is released in the first year after the City and Unions sign a Project Labor Agreement, $3,000,000 for Covered Projects where the Advertisement for Bid is released in the second year after the City and Unions sign a Project Labor Agreement, and $1,000,000 thereafter, or (2) the project is funded by a source other than a General Obligation Bond or Revenue Bond and the Department Head estimates the Cost of the Covered Project to exceed $10,000,000, or (3) the Department Head has determined that delay in completing the Covered Project may lead to interruption or delay of services or use of facilities that are important to the essential operations or infrastructure of the City. Notwithstanding the foregoing sentence, “Covered Project” does not include any Public Work or Improvement projects undertaken by the San Francisco International Airport, the San Francisco Public Utilities Commission, the Port of San Francisco, or the San Francisco Municipal Transportation Agency. “Covered Project” also does not include any Public Work or Improvement project where application of the citywide PLA would violate the conditions of a state, federal, or other public funding source.
      “Project Labor Agreement” or “PLA” means a multi-craft collective bargaining agreement between the City and the San Francisco Building and Construction Trades Council and affiliated labor unions that will refer workers to Covered Projects, and which governs the construction services on the Covered Project.
      “Subcontractor” means any person, firm, partnership, owner-operator, limited liability company, corporation, joint venture, proprietorship, trust, association, or other entity providing services to a Contractor or other Subcontractor in fulfillment of the Contractor’s or other Subcontractor’s obligations arising from a contract with the City for construction work on a Covered Project.
      “Unions” means the San Francisco Building and Construction Trades Council and its affiliated local unions. These affiliated local unions are listed in a document that is on file in Board of Supervisors File No. 181043 and incorporated by reference as if set forth herein, and the City Administrator and San Francisco Building and Construction Trades Council may update the list by mutual agreement at any time. Nothing in this Section 6.27 is intended to imply that the City has the authority to approve local unions may affiliate with the San Francisco Building and Construction Trades Council.1
   (d)   Project Labor Agreement Requirement. Not later than September 1, 2019, the City Administrator shall negotiate with the Unions and sign on behalf of the City, a citywide Project Labor Agreement that shall apply to all Covered Projects. In the City Administrator’s discretion, the City Administrator may extend this deadline once for up to three months, to no later than December 1, 2019, by providing written notice to the Unions, the Mayor, and the Board of Supervisors. For all Covered Projects advertised after the City Administrator signs the PLA on behalf of the City, each Department Head shall set as a precondition to the award of the contract that the Contractor and its Subcontractors sign an agreement to be bound by the citywide Project Labor Agreement. The Contractor shall execute the Project Labor Agreement on file with the City Administrator. Nothing in this provision shall impact or otherwise impair the terms of any existing Project Labor Agreement. The City is not bound by the requirements of subsection (e) unless and until the City and all Unions have executed a final Project Labor Agreement.
   (e)   Required Terms for citywide Project Labor Agreement. The citywide Project Labor Agreement shall include the following terms:
      (1)   The Project Labor Agreement is binding on all Contractors and Subcontractors at all tiers of a Covered Project, except as provided in subsection (e)(10);
      (2)   Unions, Contractors, and Subcontractors are bound by the requirements of Administrative Code Chapters 6, 12B, 14B, 82 and 83, as they may be amended from time to time, including but not limited to the provisions addressing Local Hire and Local Business Enterprise;
      (3)   Contractors will condition the engagement of each Subcontractor on the Subcontractor agreeing to be bound by and comply with all the terms of the Project Labor Agreement, unless the Subcontractor is a Local Business Enterprise that has not received over $5,000,000 for work on Covered Projects cumulatively over the entire duration of the PLA;
      (4)   Contractors and Subcontractors to whom construction services are awarded for a Covered Project will use the hiring halls operated by signatory Unions for all labor on the Covered Project except for (A) the services provided by non-craft managerial, executive, and clerical employees, (B) supervisory employees above the level of general foreman; (C) at least two Core Employees per Covered Project, as further determined in Project Labor Agreement negotiations, or (D) LBEs that meet the requirements set forth in subsection (e)(10)
      (5)   Contractors and Subcontractors will hire apprentices indentured in the State-approved joint apprenticeship program for the applicable craft or trade for work on the Covered Project in accordance with the apprentice ratios contained in California Labor Code Section 1777.5, as it may be amended from time to time;
      (6)   Unions will use the “Helmets to Hardhats” Program to assist returning veterans in obtaining employment and training opportunities on the project;
      (7)   Within three years of the City Administrator executing the PLA on behalf of the City, all of the Unions shall enter into agreements, or modify existing agreements, with CityBuild Academy to ensure graduates of CityBuild Academy have a pathway for direct entry into the Union’s apprenticeship program;
      (8)   a single jurisdictional dispute resolution process for resolving all disputes between Unions, as adopted by the North America’s Building Trades Unions, or any subsequent plan or dispute resolution procedure that the North America’s Building Trades Unions may adopt thereafter;
      (9)   an agreement by all Unions to refrain from strikes, picketing, and other labor disruptions related to the Covered Project, and that Union members will continue work on a Covered Project despite the expiration of any applicable collective bargaining agreement;
      (10)   the PLA does not apply to Contractors performing work on Covered Projects that are certified as Local Business Enterprises (LBEs) under Administrative Code Chapter 14B.3, until the LBE has received the value of contracts awarded for work on Covered Projects in an amount exceeding $5,000,000 cumulatively over the entire duration of the PLA;
      (11)   the PLA’s coverage does not extend to the Contractors’ or Subcontractors’ parent companies, subsidiaries, or affiliates except to the extent those entities are performing work on a Covered Project;
      (12)   the PLA does not apply to any work performed on or near or leading to or into the Covered Project site by federal, state, local, or other governmental entities or their contractors or subcontractors, or by utilities or their contractors or subcontractors, or by the City or its contractors or subcontractors if that work that is not part of the Covered Project; and
      (13)   a prohibition against discrimination on any and all bases that City, state or federal law prohibits.
   (f)   Annual Reporting. Beginning on the effective date of the ordinance in Board File No. 181043 enacting this Section 6.27, the Office of the Controller shall, in collaboration with the Contract Monitoring Division, collect utilization rates for LBEs on current Contracts covered by this Section 6.27. Within one year after the City Administrator executes the PLA on behalf of the City, and annually thereafter, the Controller shall conduct annual reviews of the PLA to evaluate whether the PLA has promoted the efficient, economical, and timely completion of Covered Projects, the costs of Covered Projects, and the PLA’s impact on LBEs and the local workforce.
   (g)   No later than July 31, 2023, the Controller shall submit to the Clerk of the Board and all members of the Board of Supervisors a request for a public hearing regarding the annual reports described in subsection (f).
   (h)   The Project Labor Agreement shall automatically expire 20 years from the date it is initially signed by the City and the Unions, at which point the City and Unions shall no longer be bound by the citywide Project Labor Agreement, except on Covered Projects for which contracts are awarded before expiration of the Project Labor Agreement.
   (i)   Severability. If any subsection, sentence, clause, phrase, or word of this Section 6.27, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section or application thereof would be subsequently declared invalid or unconstitutional.
   (j)   No Conflict with Federal or State Law. Nothing in this Section 6.27 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(Added by Ord. 1-19, File No. 181043, App. 1/18/2019, Eff. 2/18/2019)
CODIFICATION NOTE
1.   So in Ord. 1-19.
ARTICLE III:
PROFESSIONAL SERVICES CONTRACTING
 
Competitive Procurement of Professional Services for Public Work Projects.
Requests for Competitive Proposals or Qualifications.
Professional Services Contract Terms.
As-needed Professional Services Contracts.
 
SEC. 6.40.  COMPETITIVE PROCUREMENT OF PROFESSIONAL SERVICES FOR PUBLIC WORK PROJECTS.
   Notwithstanding any other provision of this Administrative Code, when a department is seeking outside temporary professional design, consultant or Construction Management services for a Public Work or Improvement project, where the fee for such services shall exceed the Minimum Competitive Amount, as defined below, the department shall procure such services through a competitive process based primarily on qualifications.
   (a)   Minimum Competitive Amount. The Minimum Competitive Amount for temporary outside professional service Contracts shall be $110,000. On January 1, 2020, and every 5 years thereafter, the Controller shall recalculate the Minimum Competitive Amount to reflect any proportional increase in the Urban Regional Consumer Price Index from January 1, 2015, rounded to the nearest $1,000.
   (b)   Selection Process. For professional services Contracts in excess of the Minimum Competitive Amount, the Department Head shall designate one or more panels to review proposals and rate respondents with respect to a request for proposals or qualifications for a professional services Contract. A panel shall consist of not fewer than two persons. The Department Head may establish a multi-tier selection process whereby, for example, a technical panel recommends a shortlist of qualified respondents and a second panel ranks the shortlist.
      The Department Head shall ensure that all panel members are impartial and that all respondents are treated fairly. The panel members rating the respondents shall do so according to their independent assessment of the respondent's qualifications for the Public Work project; questions relating to a respondent's expertise, qualifications and experience shall remain within the sole purview of the panel members.
   (c)   Negotiation. Following the selection process outlined above, and should the department concerned desire to enter into a Contract, the Department Head shall invite the highest-ranked qualified respondent to negotiate a Contract to the extent provided for in the request for proposals. In the event that the Department Head determines, in the Department Head's sole discretion, that negotiations are unfruitful, the Department Head shall terminate negotiations in writing and may then invite the next highest-ranked respondent to negotiate a Contract. In such event, the Department Head shall as soon as practicable make a report to the Mayor, Mayor's designee, board or commission as appropriate to the department.
   (d)   Procedure Upon Rejection or Failure of Proposals. If no Responsive proposals are received from qualified proposers, the Department Head shall determine (1) whether further outreach efforts would result in respondents submitting proposals and/or (2) whether removal or modification of certain requirements in the Contract or request for proposals or qualifications would result in respondents submitting responsive proposals, provided that such requirements are not required by law and their removal or modification would not compromise the interests of the City. If the Department Head determines that steps (1) and/or (2), above, would likely result in respondents submitting Responsive proposals, then the Department Head shall reissue the request for proposals or qualifications. If the Department Head determines that neither step (1) nor (2) above, would likely result in respondents submitting Responsive proposals, then the Department Head, with the approval of the Mayor, the Mayor's designee, or the board or commission concerned, as appropriate, may negotiate with any qualified Contractor for the professional services sought by the request for proposals or qualifications.
   (e)   Procedure Upon Contractor's Failure to Deliver. When a Contractor fails to deliver a service of the quality, in the quantity, or in the manner specified in the Contract within the time specified in the Contract, the department may terminate the Contract and/or procure such service from any source. The department's authority to procure services from other sources as specified in this subsection 6.40(e) shall not preclude the City's exercise of any other remedies, including termination of the Contract.
(Amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 7-02, File No. 011675, App. 1/25/2002; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
SEC. 6.41.  REQUESTS FOR COMPETITIVE PROPOSALS OR QUALIFICATIONS.
   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, the Mayor's designee 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 or the Mayor's designee 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.
(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)
SEC. 6.42.  PROFESSIONAL SERVICES CONTRACT TERMS.
   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, the Mayor's designee 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 and shall publish such requirements in the Risk Manager's Manual. The Risk Manager shall review and update such insurance requirements on an annual basis.
   (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 or the Mayor's designee, 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)
SEC. 6.43.  AS-NEEDED PROFESSIONAL SERVICES CONTRACTS.
   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.
(Added by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)
ARTICLE IV:
EXEMPTIONS FROM ARTICLES II AND III
 
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.
Best Value Procurement.
Contracting by the Arts Commission for the Development, Fabrication, Maintenance, Conservation, Removal, and/or Installation of Art Work.
Public Works Addressing Homelessness.
 
 
 
SEC. 6.60.  EMERGENCY REPAIRS, WORK AND CONTRACTS.
   (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 Mayor's designee 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.
      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 under emergency circumstances as described and defined above are exempt from the requirements of this Chapter 6 and Chapters 12A, 12B, 12C and Chapter 14B of the Administrative 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, 12B, 12C and Chapter 14B. 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. 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)
SEC. 6.61.  DESIGN-BUILD.
   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 Design-Builders 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; 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.
         (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 either on a best value basis or to the Responsible 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 Section 4100 et seq. as amended from time to time.
   (c)   Best Value Procurement. 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 Section 6.61(a)(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 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)   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. The cost criterion shall constitute not less than 40% of the overall evaluation.
      (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, including but not limited to this Chapter 6 and Chapters 12B, 12C and Chapter 14B.
         (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 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 his or her 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)
SEC. 6.62.  JOB ORDER CONTRACTS.
   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)
SEC. 6.63.  HAZARDOUS MATERIALS ABATEMENT WORK.
   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 Abatement Work. The proposals shall be evaluated according to the requirements of this Chapter 6 and Chapters 12B, 12C and 14B of the Administrative Code, relevant to professional services 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.