Allegheny County, PA Article 913 Public Works Contracts

§ 5-913.01 Public works defined.

As used in this article, the term "public works" shall mean any structure, building, monument, highway, road, guide way, trail, viaduct, culvert, park grounds, park shelter, comfort station, facility or other betterment, work, improvement or facility, whether of a permanent or temporary nature, which is owned by the County.

§ 5-913.02 Supervision over public works contracts.

A. Notwithstanding any other provision of this Article to the contrary, the Department of Public Works, through its Division of Engineering and Construction, shall be responsible for the letting and administration of all contracts involving the construction, reconstruction, alteration, repair and improvement of Public Works, including contracts for which funding has been provided in whole or in part by the United States Government and/or the Commonwealth, for the construction, reconstruction, alteration, repair and improvement of a Public Work.

B. The Division of Engineering and Construction may utilize the professional services of architects, engineers and such other technical consultants that it deems necessary in order to carry out its duties and responsibilities for the supervision of County public work's contracts subject to the provisions of §§ 5-903.01 and 5-905.03 of this Administrative Code.

C. The County Controller shall attend all prebid conferences, perform inspection of work in progress, and make final inspections prior to the release of final payment on all Public Works projects.

§ 5-913.03 Public works contracts rules and procedures.

A. With the assistance of the Division of Purchasing and Supplies, the Division of Engineering and Construction shall prepare and adopt rules and procedures covering the operation and administration of Public Works contracts. Such rules and regulations shall include but shall not be limited to the following:

(1) Preparation of specifications, including special terms and provisions;

(2) Standardization of contract procedures in both competitive and noncompetitive contracts;

(3) Bidders lists;

(4) Preparation of bid documents;

(5) Disadvantaged business enterprise utilization;

(6) Tabulation of bids subject to the verification of the tabulation by the County Controller;

(7) Award of contracts;

(8) Administration and oversight of awarded contracts;

(9) Inspection of work in progress;

(10) Liquidated damages, delay damages and interest payments;

(11) Final inspection;

(12) Interim and final payment to contractors; and

(13) Final closeout.

B. The rules and procedures governing the operation and administration of contracting for Public Works shall be set forth in a written Public Works Contracting Manual. The Public Works Contracting Manual shall be prepared, reviewed and periodically revised by the Division of Engineering and Construction and the Purchasing Officer in consultation with the Department of Law, and shall be finally approved by the Director of Administrative Services.

§ 5-913.04 Compliance with Steel Products Procurement Act.

Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of Public Works shall comply with the provisions of the Act of March 3, 1978 (No. 3),[1] known as the "Steel Products Procurement Act" and shall comply with the provisions of August 15, 1961 (P.L. 97) as amended,[2] known as the "Pennsylvania Prevailing Wage Act."

[1] Editor's Note: See 73 P.S. § 1881 et seq.

[2] Editor's Note: See 43 P.S. §§ 165-2.1 and 165-2.2.

§ 5-913.05 Execution of public works contracts.

Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of Public Works shall be executed by the Chief Executive or an authorized representative or delegate.