Part 1 — APPLICATION

This Chapter sets forth the dispute avoidance and resolution requirements for Public Works Contracts.

(Ord. 30540.)

The provisions of this Chapter are intended to conflict with Section 9204 and Article 1.5 of Chapter 1 of Part 3 of the California Public Contract Code (starting with Section 20104), as those Sections may be amended, and with any other Section(s) of the Public Contract Code that address Claims and the resolution of Claims.

(Ord. 30540.)

A.

In accordance Section 27.04.020, entitled "Administrative Implementation," the Director of Public Works will establish standard provisions for Public Works Contracts relating to dispute resolution, including provisions relating to the process for a Contractor to submit Claims and a Statement of Claims (as those terms are defined in this Chapter).

B.

The standard provisions for dispute resolution established by the Director of Public Works must be consistent with the requirements this Chapter.

(Ord. 30540.)

Public Works Contracts will allow the City and Contractor to mutually agree in writing to forego the dispute resolution procedures in this Chapter and to seek resolution of a dispute through other methods, including litigation.

(Ord. 30540.)

Part 2 - DEFINITIONS

The definitions in this Part 2 govern the application and interpretation of this Chapter.

(Ord. 30540.)

"Claim" means a dispute between the City and a Contractor over any of the following:

A.

The time for completing the Public Works Project;

B.

The payment of money or damages arising from work performed by a Contractor or a subcontractor; or

C.

The performance of work shown or contemplated in the Public Works Contract.

(Ord. 30540.)

"Dispute Review Board" means a panel of three (3) independent individuals established to provide non- binding recommendations regarding the resolution of a Claim.

(Ord. 30540.)

"Facilitated Dispute Resolution" means an informal, non-binding dispute resolution process in which the City and a Contractor meet with a trained, neutral facilitator in an effort to reach a mutually agreeable resolution to a Claim.

(Ord. 30540.)

"Notice of Potential Claim" means a written notice provided by a Contractor to the City identifying one or more potential Claims and otherwise meeting the requirements of Part 4 of this Chapter 27.28.

(Ord. 30540.)

A.

"Partnering" is the development of team-based relationships between a Contractor and the City in which:

Trust and open communications are encouraged and expected from participants;

Parties address and resolve issues and problems promptly and at the lowest possible level;

Parties seek to develop solutions that are agreeable and meet the needs of everyone involved;

All parties have identified common goals for the partnerships and at the same time are aware of and respect each other's goals and values; and

Parties seek input from each other in an effort to find better solutions for the problems and issues at hand, thus creating synergy in the relationship that fosters cooperation and improves the productivity of the partnership.

B.

"Partnering" does not denote a legal relationship of agency, partnership, or joint venture between the City and a Contractor.

(Ord. 30540.)

"Statement of Claims" means a written statement provided by a Contractor to the City asserting one or more Claims and otherwise meeting the requirements of Part 5 of this Chapter 27.28.

(Ord. 30540.)