San Francisco County Municipal Code Art. II Construction Contracting

Sec. 6.20. Public Work Contracts Generally. Sec. 6.21. Requirements for Bids and Quotes. Sec. 6.22. Public Work Construction Contract Terms and Working Conditions. Sec. 6.23. Public Works to be Performed by the City; Bids by City Departments; Procedure Upon Rejection or Failure of Bids. Sec. 6.24. Office of Labor Standards Enforcement; Prevailing Wage Requirements. Sec. 6.25. Contract Requirements for Clean Construction. Sec. 6.26. Contractor Performance Evaluation and Database. Sec. 6.27. Citywide Project Labor Agreement Ordinance.

As set forth in Article 107 of the Labor and Employment Code, the Labor Standards Enforcement Officer has, without limitation, the authority to administer, develop, and/or enforce the labor standards imposed by the Charter and this Chapter 6. (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; Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(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)

(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; amended by Ord. 74-23, File No. 230408, App. 5/3/2023, Eff. 6/3/2023, Oper. 7/1/2023)