Los Angeles County Municipal Code Part 4 Building Construction, Maintenance, and Repairs

Upon agreement with paying customers, the director shall direct the custodial maintenance and management services of facilities so as to create and maintain a safe and sanitary environment.

(Ord. 89-0026 § 1 (part), 1989.)

Upon agreement with paying customers, the Director shall provide miscellaneous construction, repair, remodeling, refurbishment, and maintenance work. The Director shall also provide for all extraordinary maintenance and repair, as defined by the Chief Executive Officer, of County buildings and related structures, improvements, and fixed equipment, except as otherwise provided by law, to the extent permitted by available funds.

(Ord. 2024-0053 § 8, 2024; Ord. 89-0026 § 1 (part), 1989.)

A.

Pursuant to the authority granted by Public Contract Code sections 20142 and 20145, the Director is authorized to perform any or all acts or actions permitted or required of the Board of Supervisors by Article 3.5, Chapter 1, Part 3, Division 2, of the Public Contract Code, commencing with section 20120, with respect to contracts or changes or alterations to contracts within the monetary limits set forth in sections 20142 and 20145. This authorization includes the authority to adopt and advertise plans and specifications, award contracts, approve bonds, or order the change or alteration of contracts, with respect to original contracts that do not exceed the total amount of $330,000, or, with respect to changes or alterations to original contracts entered into by the Board of Supervisors, the authority to order the change or alteration of the work within the monetary limits set forth in Public Contract Code sections 20142 and 20145. In exercising the authority delegated pursuant to this Section, the Director shall determine whether the California Environmental Quality Act is applicable to the proposed activities, and, as appropriate, prior to approving the activities, the Director shall make exemption findings for activities that constitute a project, or the Director shall make a finding that the proposed activities are within the scope of an environmental document that was previously considered and approved by the Board of Supervisors under the California Environmental Quality Act. As applicable, if the proposed activities constitute a project and are not determined by the Director to be exempt, or if the proposed activities are not determined by the Director to be within the scope of an environmental document that was previously considered and approved by the Board of Supervisors, the Director shall

recommend necessary findings under the California Environmental Quality Act to the Board of Supervisors when project approval is recommended.

B.

The Director shall exercise their authority in conformance with the following procedures:

Adoption of Drawings and Specifications. The Director may act in place of the Board of Supervisors in adopting the drawings and specifications pursuant to Public Contract Code section 20124. The specifications shall conform to the standard general conditions and supplementary conditions utilized in specifications adopted by the Board of Supervisors. Such specifications shall contain a provision requiring that a minimum of five percent retention of progress payments be withheld pursuant to Public Contract Code section 9203. The specifications adopted by the Director shall also establish construction times and completion dates, based upon historic experience on similar types of work and on industry guidelines. The Director is authorized to include in the specifications provision for liquidated damages pursuant to Government Code section 53069.85. Adoption of plans and specifications shall be effective at the time that the Director signs a letter to the clerk of the Board of Supervisors indicating the adoption of the plans and specifications.

Advertisement for Bids. The Director shall advertise for bids in conformance with Public Contract Code sections 20125 and 20127, and California Government Code section 53068.

Receipt of Bids and Relief of Low Bidder. The Director is authorized to receive and open bids in the manner authorized by law and to allow substitution of subcontractors and relief of bidders upon demonstration of the grounds set forth in Public Contract Code sections 4100 et seq. and 5100 et seq. The Director is further authorized to make the determination that a bid is non-responsive, and to reject a bid on that basis, and to waive inconsequential and nonmaterial deficiencies in bids submitted, in the manner authorized by law.

Preference for Materials. The Director is authorized to make a finding, to be described in the invitation for bids, that a particular material, product, thing, or service will be designated by a specific brand or trade name on the grounds set forth in Public Contract Code section 3400.

Award of Contract. The Director shall award the contract to the lowest responsible bidder with a responsive bid, in accordance with Public Contract Code section 20128. In the case of identical low bids, the Director shall award the contract in conformance with Government Code section 53064.

Construction Bonds. The Director shall ensure that the person to whom the contract is awarded is required to execute bonds in the standard forms as required by Public Contract Code section 20129 and Civil Code section 9550.

Supplemental Agreements. For original contracts approved by the Director, the Director is authorized to enter into supplemental agreements in accordance with Public Contract Code sections 20142 and 20145 within the monetary limits set forth in sections 20142 and 20145. In addition, the Director may enter into supplemental agreements in accordance with Public Contract Code sections 20142 and 20145 for changes and alterations in original contracts approved by the Board of Supervisors within the monetary limits set forth in sections 20142 and 20145. The aggregate total amount of such changes or alterations to the original contract may not exceed 25 percent of the amount of the original contract.

Acceptance of Project. The Director is authorized to accept projects upon their final completion where the original contract amount does not exceed $330,000. The Director may authorize the release of the retention money withheld pursuant to Public Contract Code sections 9203 and 7107, as permitted by law. The Director is further authorized to grant extensions of time on the project for delay beyond the contractor's control and to assess liquidated damages as authorized by Government Code section 53069.85 and the contract specifications.

Emergencies. In cases where the Director, with the concurrence of the County Counsel, determines that an emergency exists within the meaning of Public Contract Code section 20134, and, when it would be impractical for the Board of Supervisors to act, the Director may exercise the emergency powers of the Board of Supervisors pursuant to sections 20134 and 22050 where the total estimated cost of the work does not exceed $75,000; provided, however, that the Chief Executive Officer must first certify the availability of funds for the work. Any such action by the Director shall be promptly reported to the Board of Supervisors.

(Ord. 2024-0053 § 9, 2024.)

Pursuant to the authority granted by Public Contract Code sections 20142 and 20145, the Director is authorized to perform the following acts or actions permitted or required of the Board of Supervisors by Article 3.5, Chapter 1, Part 3, Division 2, of the Public Contract Code, commencing with section 20120, with respect to contracts or changes or alterations to contracts within the monetary limits set forth in sections 20142 and 20145.

Advertisement for Bids.

a.

The Director is authorized to amend plans and specifications adopted by the Board of Supervisors prior to the closing time for receipt of bids, provided such amendment does not cause the estimated cost of construction to be increased beyond the amount budgeted. Notice of such amendment shall be published in accordance with the requirements of publication of the invitation for bids.

b.

The Director is authorized to extend bid periods up to a maximum of three weeks by publishing an amendment to the bidding documents.

Reallocation of Budgeted Funds. The Director is authorized to reallocate funds within a capital project at no increase in the overall cost of the project.

Receipt of Bids and Relief of Low Bidder. The Director is authorized to receive and open bids in the manner authorized by law and to allow substitution of subcontractors and relief of bidders upon demonstration of the grounds set forth in Public Contract Code sections 4100 et seq. and 5100 et seq.

Supplemental Agreements. The Director may enter into supplemental agreements in accordance with Public Contract Code sections 20142 and 20145 for changes or alterations in original contracts approved by the Board of Supervisors within the monetary amounts set forth in sections 20142 and 20145.

Acceptance of Project. The Director is authorized to accept projects upon their final completion. The Director may authorize the release of the retention money withheld pursuant to Public Contract Code sections 9203 and 7107, as permitted by law. The Director is further authorized to grant extensions of time on the project for delay beyond the contractor's control, and to assess liquidated damages as authorized by Government Code section 53069.85 and the contract specifications.

(Ord. 2024-0053 § 10, 2024.)

A.

Job Order Contracts—Projects of $330,000 or Less.

In accordance with the authority provided by Article 3.5, Chapter 1, Part 3, Division 2, sections 20128.5 and 20145, of the Public Contract Code, and pursuant to Article 3.7, Chapter 1, Part 3, Division 2, sections 20155 through 20155.9, of the Public Contract Code, the Board of Supervisors delegates its contracting authority to the Director to approve projects under a previously-awarded job order contract, if the amount to be paid to the contractor for the project does not exceed $330,000.

The Director shall exercise their authority in conformance with the following procedures:

a.

Authorization of Project Work Orders. The Director is authorized to issue a project work order, with monetary authorization, after there has been a scoping meeting with the contractor and the contractor has submitted a cost proposal for a scope of work that is approved by the Director.

b.

Acceptance of Projects. The Director is authorized to accept such projects and file notices of completion upon final completion of the projects. The Director may also approve the release of the retention money withheld, pursuant to the applicable provisions of the Public Contract Code. The Director is further authorized to grant extensions of time on such projects due to delay deemed to be beyond the contractor's control, and to assess liquidated damages, as authorized by Government Code section 53069.85 and the contract specifications.

B.

Job Order Contracts—Projects Approved by the Board of Supervisors.

In accordance with authority provided by Article 3.5, Chapter 1, Part 3, Division 2, sections 20128.5 and 20145, of the Public Contract Code, the Director is authorized to perform the following acts or actions with respect to job-order-contract projects that have been approved by the Board of Supervisors and must follow these procedures:

a.

Authorization of Project Work Orders. The Director is authorized to issue a project work order, with monetary authorization, after there has been a scoping meeting with the contractor and the contractor has submitted a cost proposal for a scope of work that is approved by the Director.

b.

Acceptance of Projects. The Director is authorized to accept such projects and file notices of completion upon final completion of the projects. The Director may also approve the release of the retention money withheld, pursuant to the applicable provisions of the Public Contract Code. The Director is further authorized to grant extensions of time on such projects due to delay deemed to be beyond the contractor's control, and to assess liquidated damages, as authorized by Government Code section 53069.85 and the contract specifications.

(Ord. 2024-0053 § 11, 2024.)

The department shall be the lead agency for energy audits and surveys, and the design, construction, implementation and management of the county's energy management functions, including but not limited to, the procurement of energy resources, adoption of energy conservation measures, including building and energy plant retrofit projects, and advice on energy-related regulatory matters.

(Ord. 95-0052 § 58, 1995.)

The director or his/her designee shall represent the county before the California Public Utilities Commission and other energy regulatory bodies or agencies at all hearings or other proceedings in which the director or his/her designee determines that the county's best interests require such participation. The director shall advise the board of all participation in significant matters.

(Ord. 2005-0063 § 1, 2005.)

The department shall manage the operation, maintenance and repair of county-owned or operated parking facilities as designated by the chief administrative officer.

(Ord. 95-0052 § 59, 1995.)