Chapter 1 - Overview of Project Delivery
- 1.1 Introduction
- 1.2 Phases of a Project
- 1.3 Project Delivery Flowchart
- 1.4 Program Master Schedules
- 1.5 Program Oversight Committee
- 1.6 Community and Neighborhood Council Involvement
- 1.7 Client Satisfaction
Chapter 2 - Project Delivery Methods
- 2.1 Introduction
- 2.2 Design/Bid/Build
- 2.3 Design/Build
- 2.4 Construction by City Forces
Chapter 3 - Initiating a Project
- 3.1 An Overview of Project Initiation
- 3.2 Opening a Work Order
- 3.3 Obtaining Funding
- 3.4 Defining Scope
- 3.5 Selecting the Project Team
- 3.6 Establishing a Memorandum of Understanding (MOU)
- 3.7 Project Estimating
Chapter 4 - Change Control
- 4.1 Control and Variance Analysis
- 4.2 Risk Assessment and Risk Management
- 4.3 Managing Scope Creep
Chapter 5 - Reporting Progress
- 5.1 Uniform Project Reporting System
- 5.2 Progress Reports
- 5.3 Progress Meetings
- 5.4 Public Information
- 5.5 Use of City and BOE Websites
Chapter 6 - Using Consultants
- 6.1 When to Use a Consultant
- 6.2 Pre-Qualified On-Call or Project Specific Contract - Which to Use?
- 6.3 Cost-Reimbursement or Lump Sum Contract - Which to Use?
- 6.4 Procurement Process
- 6.5 Contract Negotiations
- 6.6 Standard Contract Requirements
- 6.7 Contract Execution
- 6.8 Managing Consultant Performance
- 6.9 Paying for the Work - WBS and MBE/WBE and BIP Utilization
- 6.10 Amending the Contract
- 6.11 Consultant Performance Evaluations
- 6.12 Closing the Contract
- 6.13 Using the Pre-Qualified On-Call Consultants Lists
Chapter 7 - Pre-Design
- 7.1 Formulation Phase and Analysis of Alternatives
- 7.2 Identifying Property Needs
- 7.3 Identifying Geotechnical Restraints
- 7.4 Preliminary Environmental Review
- 7.5 Preparing the Pre-Design Report
- 7.6 Approval of the Pre-Design Report
Chapter 8 - Design Phase
- 8.1 Plan Development Process
- 8.1.1 Design Development for Public Buildings
- 8.1.2 Design Development for Recreational Facilities
- 8.1.3 Design Development for Street and Bridge Projects
- 8.1.4 Design Development for Sewer and Storm Drain Projects
- 8.1.5 Design Development for Air/Water Quality and Wastewater Treatment Projects
- 8.2 Technical Specifications
- 8.3 Site Surveying
- 8.4 Geotechnical Report
- 8.5 Utility Coordination
- 8.6 Property Acquisition and Right of Entry
- 8.7 Outsourced Design Services
- 8.8 Typical Plan Set Requirements
- 8.9 CADD Standards
- 8.10 Traffic Planning
- 8.11 Bidding Approaches
Chapter 9 - QA/QC During Design
- 9.1 Introduction and Definitions
- 9.2 Developing the QA/QC Plan
- 9.3 Design Reviews
- 9.4 Construction Review
- 9.5 Operability and Maintainability Review
Chapter 10 - Project Specifications and Bid Proposal
- 10.1 Master Specifications Concept
- 10.2 Bid Proposal
- 10.3 General Conditions
- 10.4 General Requirements
- 10.5 Technical Specifications
- 10.6 The Greenbook
Chapter 11 - Permits and Approvals
- 11.1 Introduction
- 11.2 Environmental Clearance
- 11.3 Plan Check Review and Permits from City Agencies
- 11.4 Cultural Affairs Approval
- 11.5 “1% for Arts” Program
- 11.6 Regulatory Agency Approvals
- 11.7 Approval to Advertise from Granting Agencies
Chapter 12 - Preparing the Bid Package
- 12.1 Obtaining the Required Signatures
- 12.2 Reviewing the Bid Documents
- 12.3 Assembling the Bid Package
Chapter 13 - Advertising a Project for Bids
- 13.1 Obtaining Board Approval to Advertise for Bids
- 13.2 Advertising for Bids
- 13.3 Bid Package Distribution and Control
- 13.4 Pre-Bid Meeting and Job Walk
- 13.5 Responding to Inquiries and Issuing Addend
Chapter 14 - Awarding the Construction Contract
- 14.1 Receipt and Opening of Bids
- 14.2 Evaluating Bids
- 14.3 Contract Compliance Review
- 14.4 Award by the Board of Public Works
- 14.5 Processing Bonds and Insurance
- 14.6 Escrow of Bid Documents
- 14.7 Issuing the Notice to Proceed
Chapter 15 - The Bureau's Approach to Construction Management
- 15.1 Construction Management Team
- 15.2 Partnering
Chapter 16 - Construction Management Procedures
- 16.1 Shop Drawings
- 16.2 Request for Information
- 16.3 Plan Clarification
- 16.4 Substitution and “Or Equal” Proposals
- 16.5 Construction Document Control
- 16.6 Meetings
- 16.7 Meeting Minutes
Chapter 17 - Inspection Procedures
- 17.1 General
- 17.2 Pre-Construction Inspections
- 17.3 Inspection Staffing
- 17.4 Inspection Documentation
- 17.5 Inspection Reports
- 17.6 Notices of Non-Compliance and Work Stoppage
- 17.7 Job Memorandum
- 17.8 Jobsite Interference
- 17.9 Construction Photographs
- 17.10 Shop Inspections
- 17.11 Inspection by the Department of Building and Safety
- 17.12 Materials Testing
- 17.13 Construction Surveying
- 17.14 Jobsite Safety
- 17.15 Subcontractors
Chapter 18 - Construction Schedule Control
- 18.1 Types of Schedules
- 18.2 Obtaining an Approved Schedule
- 18.3 Monthly Schedule Updates
- 18.4 Analyzing Delays/Granting Time Extensions
- 18.5 Assessing Liquidated Damage
Chapter 19 - Construction Cost Control
- 19.1 Purpose and Principles
- 19.2 Progress Payment Procedures
- 19.3 Retention and Withholding
Chapter 20 - Construction Change Orders
- 20.1 Introduction
- 20.2 Initiating Change Orders
- 20.3 Processing Preliminary Change Orders
- 20.4 Finalizing Change Orders
- 20.5 Allowance Orders
Chapter 21 - Avoiding and Mitigating Construction Disputes and Claims
- 21.1 Request for Equitable Adjustment - Prevention
Chapter 22 - Construction Completion
- 22.1 Partial Final Inspection and Partial Acceptance
- 22.2 Sign-Off by the Department of Building and Safety
- 22.3 Final Inspection by BCA
Chapter 23 - Emergency & Specialty Construction Contracts
- 23.1 Emergency Contracts
- 23.2 Pre-Authorized Emergency Contracts
- 23.3 Specialty Construction Contracts
Chapter 24 - Facility Startup
- 24.1 Overview of Facility Startup
- 24.2 Equipment Installation and Testing
- 24.3 Equipment & Facility Performance Testing
- 24.4 Operations and Maintenance (O&M) Manuals
- 24.5 Operations and Maintenance Training
- 24.6 Warranties & Guaranties
- 24.7 Spare Parts
Chapter 25 - Project Closeout
- 25.1 Closeout Flowcharts & Checklists
- 25.2 Record Drawings & As-Built Plans
- 25.3 Final Retention Release
- 25.4 Monumentation Survey
- 25.5 Project Performance Report
- 25.6 Contractor Performance Evaluation Report
- 25.7 Acceptance Board Report
- 25.8 Closing the Work Order

23.1 Emergency Contracts

Revised on 03-13-2025

PURPOSE

The need for an emergency contract arises when unexpected damage occurs to public or private property and, as a result, there is an urgent necessity to preserve life, health or public property. The Council has already made the blanket determination that emergency sewer, storm drain, geotechnical and demolition work may be constructed without competitive bidding. BOE therefore uses on-call construction contracts for these types of emergency work.

The purpose of this Procedure is to outline how in different types of emergencies the City Council and Mayor will declare an emergency authorizing emergency contracting procedures under Charter Section 371 or allow the use of pre-approved emergency contracts that can be used to make quick responses to unforeseen emergencies. This Procedure also provides a guideline for employing an emergency contract when, due to the nature of the emergency work, the project is not eligible for the use of an on-call Contractors list. This procedure also provides information regarding performing emergency/urgent necessity work using Pre-Authorized On-Call Construction Contracts as well as performing emergency/urgent necessity work using Specialty Contracts.

This Procedure also introduces the Emergency Preparedness Group’s Debris Management Plan modeled after the 1994 BOE Northridge Earthquake response.

REFERENCE

N/A

RESPONSIBILITIES

Los Angeles City Council: The City Council is responsible for adopting the resolution suspending normal competitive bidding requirements for construction projects during states of emergencies. The resolution will delegate the authority to award emergency contracts to the Board of Public Works.
Mayor: The Mayor is responsible for declaring states of local emergencies and will be responsible for approving the resolution suspending normal competitive bidding requirements.
Board of Public Works: The Board will be responsible for awarding the emergency projects when, due to the nature of the emergency work, the project is not eligible for the use of an on-call Contractor's list. The Board will also be responsible for authorizing the establishment of Pre-Qualified and / or Specialty Contracts to address emergency / urgent necessity work. The BOE Liaison Commissioner is responsible for authorization of issuance of work under each Pre- Qualified or Specialty Contract based on the established procedures for each specific contract. The Board will monitor the award procedures to ensure that contracting during emergencies is open and transparent.
City Engineer: The City Engineer will ultimately be responsible for developing the emergency procedures and making sure that projects are efficiently and effectively awarded, managed, and tracked from concept to Board acceptance. The City Engineer will report on the progress of the projects built during the emergency to all interested parties. Bureau of Contract Administration (BCA): BCA will be responsible for emergency project inspection and will write and process the Board reports that accept the emergency projects.
Project Award and Control (PAC) Division: The PAC Division is responsible for working with the Board of Public Works and other departments to develop the emergency contracting requirements during states of emergencies. The PAC Division will also be responsible for preparing bid documents, generating reports from Uniform Project Reporting System (UPRS) on these projects, and handling many of the administrative requirements during the emergency.
Program Manager: The Program Manager is responsible for identifying the need for an emergency contract and for directing the Project Manager to proceed. The Program Manager is also responsible for approving the required Board and Council Motions and the contract award.
Project Manager (PM): The PM is responsible for preparing the Board and Council Motions, obtaining the approval of the Program Manager and City Engineer, and for acquiring the approval of the Board of Public Works and City Council. The PM is also responsible for obtaining funding, securing staff for the preparation of plans and/or specifications, coordinating a site visit, obtaining an estimate of the value of work and securing staff for construction management.
Project Engineer/Construction Manager (PE/CM): The PE/CM prepares any needed design and construction documents and the Construction Order for the emergency Contractor to initiate the commencement of work and is then responsible for administering any plans and specifications. The PE/CM is also responsible for coordinating the project’s day-to-day construction management activities. The PE/CM is the principal interface between the Contractor, Lead Inspector and the rest of the Construction Management Team. The PE/CM also coordinates resolution of design issues. The PE/CM reports to the PM. Once the project is completed, the PE/CM prepares the summary report and as-built drawings.

PROCEDURE

Charter Section 371 details the requirements for contracts being bid and awarded by the City. Charter Section 371 states in part:

“Except as provided in subsection (e) below, the City shall not be, and is not, bound by any contract unless the officer, board or employee authorized to contract has complied with the procedure for competitive bidding or submission of proposals established by this section and ordinance. Contracts shall be let to the lowest responsive and responsible bidder furnishing satisfactory security for performance.”

Construction projects that are competitively bid and awarded can take up to five months to award. The Notice to Proceed to the Contractor cannot be issued to the Contractor until the contract is fully executed by both the Contractor and the City. Normal procedures take far too long when disasters such as civil unrest, earthquakes, floods, wildfires, or other events that incapacitate the City occur.

Charter Section 371 (e)(6) allows for normal bidding procedures to be suspended. It reads “Contracts entered into during time of war or national, state or local emergency declared in accordance with federal, state or local law, where the Council, by resolution adopted by two-thirds vote and approved by the Mayor, suspends any or all of the restrictions of this section or their applicability to specific boards, officers or employees.” The Mayor and Council’s resolution will allow the City to award projects very quickly to ensure that the City can function as soon as possible after a major event.

When confronted with an emergency project that, due to its nature, is not eligible for use of an on-call Contractor’s list, the following emergency process should be used. This process requires a Council Motion (Attachment 23.1-1), followed by a Board Motion (Attachment 23.1-2) to approve the Declaration of Urgent Necessity. The Project Manager prepares the required motions and works them through the Board and the Council with the assistance of the Council Liaison. Approval of the motions usually requires one week.

The declaration of urgent necessity eliminates the need for the City’s formal competitive bidding process. The formal competitive bidding process encourages the open submittal of bids by any party. Bids under a Declaration of Urgent Necessity are only solicited from Contractors who have a proven positive track record of performing the type of work required.

Another important component of the motions is to request that the Board and Council waive good faith effort requirements for outreach to both minority and women business enterprises. Plans, in some form, are usually prepared prior to the approval of the motions and are signed by the Program Manager.

Both the design process and the bid and award process are abbreviated. In many instances, designs can be as simple as a sketch on 8 ½” x 11” paper.

If plans are not required or there isn’t time to prepare them, it will then be necessary to contact the PAC Division and identify a method for addressing the emergency.

When the motions are approved, the PAC Division determines which Contractors should be solicited for bids and then contacts them to invite their bids. The bid period is concluded as quickly as possible, but can sometimes last up to three weeks. Once bids are received in the Board Office, the bids are reviewed as quickly as possible and the contract is awarded by the Board.

The City Engineer works with all affected Departments, the City Council, and the Mayor’s Office to implement the following procedures:

The City Engineer will brief the Mayor and Council on the importance of being prepared with emergency bidding procedures in the case of a national, state, or local emergency. The main point of the briefing will be the fact that normal bidding procedures will keep the City from recovering from the emergency quickly enough to ensure the health, safety, and welfare of the residents of the City. The only way to ensure rapid recovery is by suspending normal competitive bidding requirements for construction projects.
The PAC Division will write a Council Motion prior to any emergency that will suspend normal competitive bidding requirements when a national, state, or local emergency is declared. The Council and Mayor will authorize the Board of Public Works to award construction contracts without competitive bidding requirements.
The City Engineer will assign the PAC Division the responsibility of working with the Board of Public Works, BCA, and the City Administrative Officer to develop and assemble simple bid documents, advertise the emergency construction projects, schedule bid openings at the Board, and award the construction projects on an expedited basis.
The City Engineer will assign the appropriate Group or Division within BOE to work with the state or federal agencies such as the Federal Emergency Management Agency (FEMA) to ensure that the emergency projects meet the entire agency’s funding requirements. This Division or Group will develop necessary procedures, conduct audits of projects to make sure that all requirements are met, and develop policy and procedure manuals for future emergencies.
The Board of Public Works will award the emergency projects in open session and direct the Contractor to submit bonds and insurance within 5-15 calendar days of award. The Board will issue the Notice to Proceed to the Contractor.
The BCA will inspect the emergency projects as they are being built.
The PAC Division and the PM will use UPRS to track emergency project’s budgets and schedule. The data will be shared with the Mayor, City Council, the Board of Public Works, the City Controller, and the CAO.
The PAC Division will track the awards of emergency projects and prepare monthly reports for the City Engineer to report to the agencies listed in Item 7.
The BCA will write and process the Board reports accepting the emergency projects.
The PAC Division will work with the Board of Public Works throughout the emergency to outreach to Contractors to ensure that enough construction firms are available to work on projects during the state of emergency.
The BOE will archive all relevant material to prepare for future emergencies. They will work with other municipalities and other government agencies to assist in developing emergency policies and procedures. Outreach should be made to cities such, as New Orleans and Miami, to share any relevant information.
An excellent example of an emergency contracting plan is the March 2008 Debris Management Plan (Attachment 23.1-3) created by the Department of Public Works Emergency Preparedness Group. They used the BOE’s procedures used for the 1994 Northridge Earthquake as a model for a generic debris removal plan. This procedure can be used as a model for the contract and organizational needs after any type of emergency.