CONTRACT SUMMARY SHEET
TO: THE OFFICE OF THE CITY CLERK,COUNCIL/PUBLIC SERVICES DIVISION DATE: 06-16-2016ROOM 395, CITY HALL
(PLEASE DO NOT STAPLE THE CONTRACT FOR THE CLERK’S FILE)
FORM MUST BE TYPEWRITTEN
FROM (DEPARTMENT): Public Works / Bureaus of Sanitation and Contract Administration
CONTACT PERSON: Board Report Section______________PHONE: 213-485-4246
CONTRACT NO.: 113313________ COUNCIL FILE NO.: 10-2323
ADOPTED BY COUNCIL: 4/19/16
APPROVED BY BPW:DATE
05/23/2016DATE
NEW CONTRACT _ AMENDMENT NO. 2_ADDENDUM NO.___SUPPLEMENTAL NO. CHANGE ORDER NO
CONTRACTOR NAME: CH2M Hill Engineers, Inc
TERM OF CONTRACT: January 1, 2016________THROUGH: December 31, 2018
TOTAL AMOUNT: $ 30,000,000__________________________________________
PURPOSE OF CONTRACT:
Amendment 2 to Personal Services Contract 113313 for as needed consultant services for the Bureau of Sanitation's Automation Master Plan.
NOTE: CONTRACTS ARE PUBLIC RECORDS ■ SCANNED AND UPLOADED TO THE INTERNET
CONTRACT NO. C- 113313-2
AMENDMENT NO. 2
ON-CALL PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF LOS ANGELES
AND
CH2M HILL ENGINEERS, INC.
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TABLE OF CONTENTS
PAGE NO.
ARTICLE 1 -- SECTION HEADINGS AND CONSTRUCTION OF PROVISIONS AND TITLESHEREIN:.....
ARTICLE 2 --DEFINITIONS................................................................................................................. -13-
ARTICLE 3 -■ PROJECT DESCRIPTION...............................................................................................-13 -
ARTICLE 4 -■ RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY THE CONSULTANT-13 -
ARTICLE 5 -■ KEY CONSULTANT PERSONNEL.................................................................................. -15 -
ARTICLE 6 - RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY......................-17 -
ARTICLE 7 - TERM OF AGREEMENT.................................................................................................. -17 -
ARTICLE 8 - TERMINATION............................................................................................................... -17 -
ARTICLE 9 - SUB-CONTRACT APPROVAL.........................................................................................-17 -
ARTICLE 10 - COMPENSATION, INVOICING, AND PAYMENT.....................................................-17 -
ARTICLE 11 - AMENDMENTS, CHANGES, OR MODIFICATIONS.................................................-17 -
ARTICLE 12 - INDEMNIFICATION AND INSURANCE................................................................... -18 -
ARTICLE 13 - INDEPENDENT CONTRACTORS............................................................................... -18 -
ARTICLE 14 - WARRANTY AND RESPONSIBILITY OF CONSULTANT........................................-18 -
ARTICLE 15 - OWNERSHIP OF DATA............................................................................................... -19 -
ARTICLE 16 - NONDISCRIMINATION AND AFFIRMATIVE ACTION.......................................... -19 -
ARTICLE 17PROGRAM....
- MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISE OUTREACH
ARTICLE 18 -- SUCCESSORS AND ASSIGNS.................................................................................... -19 -
ARTICLE 19 -- CONTACT PERSONS - PROPER ADDRESSES - NOTIFICATION........................ 19 -
ARTICLE 20 -FORCE MAJEURE..........................................................................................................-20
ARTICLE 21 -SEVERABILITY............................................................................................................. -21
ARTICLE 22 -DISPUTES...................................................................................................................... -21
ARTICLE 23 - ENTIRE AGREEMENT...................................................................................................- 21
ARTICLE 24 -APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT............................. -21
ARTICLE 25 -- CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATIONCERTIFICATE REQUIRED..................................................................................................................... - 21
ARTICLE 26 -BONDS...........................................................................................................................-22
ARTICLE 27 -- CHILD SUPPORT ASSIGNMENT ORDERS...............................................................- 22
ARTICLE 28 -- SERVICE CONTRACTOR WORKER RETENTION ORDINANCE AND LIVING WAGEORDINANCE............................................................................................................................................ -22
ARTICLE 29 -- AMERICANS WITH DISABILITIES ACT.................................................................. - 22 ■
ARTICLE 30 -- EQUAL BENEFITS ORDINANCE.................................................................................- 23
ARTICLE 31 --WAIVER.........................................................................................................................-23-
ARTICLE 32 -- PROHIBITION AGAINST ASSIGNMENT OR DELEGATION................................. - 23 -
ARTICLE 33 -- PERMITS........................................................................................................................- 23 -
ARTICLE 34 -- CLAIMS FOR LABOR AND MATERIALS................................................................... - 23 -
ARTICLE 35 -- DISCOUNTS.................................................................................................................. - 23 -
ARTICLE 36 -- CONTRACTOR PERFORMANCE EVALUATION....................................................... - 23 -
ARTICLE 37 -■ CONTRACTOR RESPONSIBILITY ORDINANCE.................................................... - 23 -
ARTICLE 38 -■ BREACH........................................................................................................................ - 24 -
ARTICLE 39 - SLAVERY DISCLOSURE ORDINANCE......................................................................- 24 -
ARTICLE 40 - FIRST SOURCE HIRING ORDINANCE.....................................................................- 24 -
ARTICLE 41 - INTELLECTUAL PROPERTY INDEMNIFICATION...................................................- 26
ARTICLE 42 - INTELLECTUAL PROPERTY WARRANTY................................................................. - 26 -
ARTICLE 43 - MUNICIPAL LOBBYING ORDINANCE..................................................................... - 26
ARTICLE 44 - COMPLIANCE WITH LOS ANGELES CITY CHARTER SECTION 470(C)(12) FOR MEASURE H/CONTRACTOR CONTRIBUTIONS/FUNDRAISING................................................... -26
(ADD) ARTICLE 45 - IRAN CONTRACTING ACT OF 2010..............................................................- 26
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EXHIBITS
EXHIBIT A PROJECT SCHEDULE (SAMPLE)
EXHIBIT B PROJECT COST BREAKDOWN (SAMPLE)
EXHIBIT C MBE/WBE/OBE SUB-CONTRACTORS INFORMATION FORM & UTILIZATION PROFILE
EXHIBIT D INSURANCE REQUIREMENTS
EXHIBIT E CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT
OBLIGATIONS
EXHIBIT F SERVICE CONTRACT WORKERS RETENTION ORDINANCE
AND LIVING WAGE ORDINANCE - DECLARATION OF
COMPLIANCE
EXHIBIT G CERTIFICATION REGARDING COMPLIANCE WITH EQUAL
BENEFITS ORDINANCE
EXHIBIT H GOOD FAITH EFFORT WAIVER APPROVAL FORM
EXHIBIT I CONTRACTOR RESPONSIBILITY ORDINANCE
EXHIBIT J NONDISCRIMINATTON/EEO/AFFIRMATIVE ACTION
EXHIBIT K FIRST SOURCE HIRING ORDINANCE
EXHIBIT L MUNICIPAL LOBBYING ORDINANCE (CEC FORM50)
EXHIBIT M BIDDER CONTRIBUTIONS (CEC FORM 55)
EXHIBIT N SLAVERY DISCLOSURE
EXHIBIT 0 BUSINESS TAX REGISTRATION CERTIFICATE
EXHIBIT P L A RESIDENCE INFORMATION
EXHIBIT Q NON-COLLUSION AFFIDAVIT
EXHIBIT R CONTRACT HISTORY
EXHIBIT S IRAN CONTRACTING ACT OF 2010
EXHIBIT T PROJECT TASK ORDER A2-08-02
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SECOND AMENDMENT TO
PERSONAL SERVICES CONTRACT NO. 113313
THE CITY OF LOS ANGELES
AND
CH2M Hill Engineers, Inc.
FOR
ON-CALL PERSONAL SERVICES FOR SANITATION AUTOMATION PROJECTS
AGREEMENT
THIS AMENDMENT NO. 2, made and entered into by and between the City of Los
Angeles, Bureau of Sanitation, Department of Public Works, a Municipal Corporation
acting by order of and through its Board of Public Works, hereinafter called the "CITY",
and "CH2M HILL ENGINEERS, INC." hereinafter referred to as the "CONSULTANT" is set
forth as follows:
WITNESSETH
WHEREAS, the Bureau of Sanitation (BUREAU) developed an Automation Master
Plan and A Strategic Plan which identified and recommended numerous opportunities
for using technology to improve BUREAU'S business, operations, and service functions
while supporting the achievement of financial budget reduction goals; and
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WHEREAS, BUREAU desires to implement the recommended automation projects
in an expeditious manner; and
WHEREAS, many of these projects will require the use of staffing resources
which are not available within the CITY, and therefore BUREAU has identified the need
for Consultants to assist CITY staff on an "as-needed" basis; and
WHEREAS, the services to be provided by the Consultants may be in any of the
five (5) SERVICE AREAS: 1) Software Engineering, 2) Systems Integration, 3) Local and
Wide Area Network and Server Design, 4) Project Automation and/or Construction
Management Services, and 5) Related Services including database development, data
modeling, value engineering, database design, database to database interface, and
training services on an "as-needed" basis; and
WHEREAS, BUREAU developed a Request For Qualifications (RFQ) covering the
desired SERVICE AREAS and distributed it to over one hundred fifty (150) firms
providing on-call services based upon needs outlined in the Automation Master Plan and
Strategic Plan; and
WHEREAS, thirteen (13) firms submitted thirty-six (36) responses to the RFQ by
September 25, 2006; and
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WHEREAS, thirteen (13) firms were selected as the most qualified firms by the
CITY staff based on the evaluation criteria set forth in the RFQ and as presented in
Statements of Qualifications; and
WHEREAS, the Board of Public Works (BOARD) on August 20, 2007 authorized
the execution of personal services contracts with 12 firms that qualified to provide as-
needed professional services for Software Engineering, System Integration, Local and
Wide Area Network and Server Design, Project Automation and/or Construction
Management, Database and Training Services; and
WHEREAS, on September 5, 2012, the BOARD approved the execution of
Amendment No. 1 to the AGREEMENT (Contract C-113313) to extend the contract term
by an additional three (3) years from January 1, 2013 to December 31, 2015; and
WHEREAS, the continued Project Task Orders for the service areas covered by
this AGREEMENT are critical to BUREAU'S operation; and
WHEREAS, Amendment No. 2 to this AGREEMENT will extend the contract term
by an additional three (3) years from January 1, 2016 to December 31, 2018; and
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WHEREAS, BUREAU is also amending the contract to increase the cost ceiling
amount by $10 million so that the CONSULTANT can continue to provide services under
the existing Project Task Order #A2-08-02 (EXHIBIT T) to replace the control systems
in the BUREAU'S Wastewater Treatment Plants and Collection System for a revised total
ceiling of $30 million; and
WHEREAS, this Amendment No. 2 to the AGREEMENT does not replace the
conditions or requirements of the existing AGREEMENT and Amendment No. 1. Any
revisions to the requirements of a particular Article, are stated in this Amendment No.
2; and
WHEREAS, the services of the CONSULTANT are of an expert and technical
nature and are temporary and occasional in character;
NOW, THEREFORE, in consideration of the foregoing and of the benefits which will
accrue to the parties hereto in carrying out the terms and conditions of this
AGREEMENT, it is understood and agreed by and between the parties hereto as follows:
ARTICLE 1 - SECTION HEADINGS AND CONSTRUCTION OF PROVISIONS AND TITLES HEREIN:
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
All titles, subtitles, and/or section headings appearing herein have been inserted for
convenience and shall not be deemed to govern, limit, modify or in any manner affect
the scope, meaning, intent or construction of any of the terms or provisions hereof. The
language of this CONTRACT shall be construed according to its fair meaning and not
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strictly for or against the CITY or the CONSULTANT. The singular shall include the
plural; use of the feminine, masculine, or neuter genders shall be deemed to include
the genders not used. The terms "include" and "including" do not exclude items not
enumerated that are in the same general class.
ARTICLE 2 - DEFINITIONS
NO CHANGE IN THIS ARTICLE
ARTICLE 3 - PROJECT DESCRIPTION
NO CHANGE IN THIS ARTICLE
ARTICLE 4 - RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY THE CONSULTANT
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
The CONSULTANT shall provide services according to the Project Task Order
#A2-08-02 "Program Management to Implement the Los Angeles Wastewater Control
System Replacement Project," (EXHIBIT T). Other than the Project Task Order #A2-08-
02, CONSULTANT shall not proceed on any additional task under this AGREEMENT. The
details of SERVICES to be provided by the CONSULTANT will be, but not be limited to:
4.1 NO CHANGE IN THIS SUB-ARTICLE
4.2 NO CHANGE IN THIS SUB-ARTICLE
4.3 NO CHANGE IN THIS SUB-ARTICLE
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4.4 Scope of Services
Furnish staff for the overall performance of the duties set forth in this Article.
These services are required to assist the CITY improve the level of automation in
the wastewater collection and treatment systems. These improvements will
include control systems consolidation and upgrade, systems integration, network
upgrades, increased standardization, improved power/energy management and
improved data management and access systems. The number of persons and
specific individuals assigned by CONSULTANT to the PROJECT shall be subject to
the CITY's approval and shall take into account the CITY'S cost objectives as
made known to CONSULTANT. A detailed scope of services for each task are
included in the Project Task Order #A2-08-02 (EXHIBIT T). The CONSULTANT is
contractually obligated to adhere to the provisions of the Project Task Order as
to this CONTRACT.
4.5 Consultant Schedule of Services
4.5.1 The CONSULTANT shall prepare and submit to the Project Manager an
outline master project schedule for assumed duration of major tasks to be
accomplished for the project. This sample schedule is shown in Exhibit A.
The CONSULTANT shall prepare a Project Cost Breakdown (see sample
Exhibit B) required to carry out the consultant services in accordance with
the assumed time frames shown in sample Exhibit A. Exhibit B shall
correspond to proposed tasks and reference the Project Task Order
requirement. As the project progresses, the CONSULTANT will prepare
revisions and updates to the master project schedule and the estimated
staffing plan in a timely manner. The CITY may withhold payment to the
CONSULTANT for failure to comply with requirements of this procedure.
4.5.2 The CONSULTANT shall submit a progress report periodically as specified
by the Project Task Order A2-08-02 (EXHIBIT T). This will consist of a
narrative progress report. The purpose of the report is to provide a brief
description of the status of the work and to acknowledge any problems
and open issues that may affect timely completion.
ARTICLE 5 - KEY CONSULTANT PERSONNEL
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
5.1 CONSULTANT designates the following person to represent CONSULTANT in all
matters pertaining to this AGREEMENT:
Julian Hoyle
Address: 1000 WILSHIRE BLVD
LOS ANGELES, CA 90017
Telephone: (702) 369-6175 X36652
Email: [email protected]
Additional technical specialists shall be assigned subject to the PROJECT
MANAGER'S approval.
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5.2 CONSULTANT agrees that personnel assigned to these positions at the
commencement of services under this AGREEMENT shall serve in these positions
as long as required by the CONTRACT, and CONSULTANT shall not change
personnel assigned to these positions without the prior consent and approval of
PROJECT MANAGER, whose consent shall not be withheld unreasonably.
5.3 Unless otherwise provided or approved by the CITY, CONSULTANT shall use its
own employees to perform the services described in this CONTRACT. The CITY
shall have the right to review and approve any personnel who are assigned to
work under this CONTRACT. CONSULTANT agrees to remove personnel from
performing work under this CONTRACT if requested to do so by the CITY within
thirty (30) business days of the request by the CITY.
5.4 CONSULTANT shall not use subcontractors to assist in performance of this
CONTRACT without the prior written approval of the CITY. If the CITY permits
the use of subcontractors, CONSULTANT shall remain responsible for performing
all aspects of this CONTRACT. The CITY has the right to approve CONSULTANT'S
subcontractors, and the CITY reserves the right to request replacement of
subcontractors. The CITY does not have any obligation to pay CONSULTANT'S
subcontractors, and nothing herein creates any privity of contract between the
CITY and the subcontractors. The use of SUBCONSULTANTS shall be subject to
approval of the CITY, pursuant to ARTICLE 9.
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ARTICLE 7 - TERM OF AGREEMENT
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
Unless otherwise provided, this Amendment No. 2 shall extend the term of this
AGREEMENT from January 1, 2016 until December 31, 2018 unless terminated as
provided under Article 8 or extended by a duly approved amendment to this
AGREEMENT and signed by all parties.
ARTICLE 6 - RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY
NO CHANGE IN THIS ARTICLE
ARTICLE 8 - TERMINATION
NO CHANGE IN THIS ARTICLE
ARTICLE 9 - SUB CONTRACT APPROVAL
NO CHANGE IN THIS ARTICLE
ARTICLE 10 - COMPENSATION, INVOICING, AND PAYMENT
NO CHANGE IN THIS ARTICLE
ARTICLE 11 - AMENDMENTS. CHANGES, OR MODIFICATIONS
NO CHANGE IN THIS ARTICLE
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ARTICLE 12 - INDEMNIFICATION AND INSURANCE
MODIFY SUB ARTICLE 12.2 TO READ AS FOLLOWS:
During the term of this AGREEMENT and without limiting the CONSULTANT'S
indemnification of the CITY, the CONSULTANT shall provide and maintain at its own
expense during the term of this AGREEMENT a program of insurance having the
coverage and limits customarily carried and actually arranged by CONSULTANT but not
less than the amounts and types listed on the Insurance Requirements Sheet (Form
Gen 146/IR), in EXHIBIT D hereto, covering its operations hereunder. Such insurance
shall conform to CITY requirements as established by Charter, ordinance, or policy and
shall comply with the instructions set forth, in EXHIBIT D, and which can also be found
at the Board of Public Work's website: http://bpw.lacity.org/Secretariat/Insurance.html,
in the form Instructions and Information on Complying with CITY Insurance
Requirements, rev. 05/12, and shall otherwise be in a form acceptable to the City
Administrative Officer, Risk Management. The CONSULTANT shall comply with all
insurance Contractual Requirements shown on EXHIBIT D hereto. EXHIBIT D is hereby
incorporated by reference and made a part of this AGREEMENT.
ARTICLE 13 - INDEPENDENT CONTRACTORS
NO CHANGE IN THIS ARTICLE
ARTICLE 14 - WARRANTY AND RESPONSIBILITY OF CONSULTANT
NO CHANGE IN THIS ARTICLE
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ARTICLE 16 - NONDISCRIMINATION AND AFFIRMATIVE ACTION
NO CHANGE IN THIS ARTICLE
ARTICLE 15 - OWNERSHIP OF DATA
NO CHANGE IN THIS ARTICLE
ARTICLE 17 - MINORITY. WOMEN AND OTHER BUSINESS ENTERPRISE OUTREACH PROGRAM
NO CHANGE IN THIS ARTICLE
ARTICLE 18 - SUCCESSORS AND ASSIGNS
NO CHANGE TO THIS ARTICLE
ARTICLE 19 - CONTACT PERSONS - PROPER ADDRESSES - NOTIFICATION
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
All notices shall be made in writing and may be given by personal delivery, regular mail,
facsimile transmission or electronic mail. Notices sent by regular mail should be
registered or certified and sent to the designated contact person for each party and
addressed as follows:
To The CITY:
Contact Person: ROBERT IRVIN, DIRECTOR OF SYSTEMS
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Address: 1149 S. BROADWAY AVE, 9th FLOOR
LOS ANGELES, CA 90015
Telephone: (213) 485-2238 Facsimile: (213) 485-2967
Email: [email protected]
To CONSULTANT:
Contact Person: JULIAN HOYLE, P.E., VICE PRESIDENT
Address: 1000 WILSHIRE BLVD
LOS ANGELES, CA 90017
Telephone: (702) 369-6175 X36652 Email: [email protected]
ARTICLE 20 - FORCE MAJEURE
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
In the event that performance on the part of any party hereto is delayed or suspended
as a result of circumstances beyond the reasonable control and without the fault and
negligence of said party, none of the parties shall incur any liability to the other parties
as a result of such delay or suspension. Circumstances deemed to be beyond the
control of the parties hereunder include, but are not limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of State or Local
Government in either sovereign or contractual capacity; fires; floods; earthquakes;
epidemics; quarantine restrictions; strikes; freight embargoes or delays in-20-
transportation, to the extent that they are not caused by the party's willful or negligent
acts or omissions, and to the extent that they are beyond the party's reasonable
control.
ARTICLE 21 - SEVERABILITY
NO CHANGE IN THIS ARTICLE
ARTICLE 22 - DISPUTES
NO CHANGE IN THIS ARTICLE
ARTICLE 23 - ENTIRE AGREEMENT
NO CHANGE IN THIS ARTICLE
ARTICLE 24 - APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT
NO CHANGE IN THIS ARTICLE
ARTICLE 25 - CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE REQUIRED
MODIFY THIS ARTICLE TO READ AS FOLLLOWS:
If applicable, CONSULTANT represents that it has obtained and presently holds the
Business Tax Registration Certification(s) required by the CITY'S Business Tax
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Ordinance, section 21.00 et seq. of the Los Angeles Municipal Code. For the term
covered by this AGREEMENT, the CONSULTANT shall maintain, or obtain as necessary,
all such Certificates required of it under Business Tax Ordinance and shall not allow any
such Certificate to be revoked or suspended. Should any such certificate(s) become
suspended or revoked, it is the CONSULTANT'S responsibility to report the matter
immediately to the PROJECT MANAGER.
ARTICLE 26 - BONDS
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
All bonds which may be required hereunder shall conform to CITY requirements
established by Charter, ordinance or policy, and shall be filed with the Office of the City
Administrative Officer, Risk Management for its review and acceptance in accordance
with Sections 11.47 through 11.56 of the Los Angeles Administrative Code.
ARTICLE 27 - CHILD SUPPORT ASSIGNMENT ORDERS
NO CHANGE IN THIS ARTICLE
ARTICLE 28 - SERVICE CONTRACTOR WORKER RETENTION ORDINANCE AND LIVING WAGE ORDINANCE
NO CHANGE IN THIS ARTICLE
ARTICLE 29 - AMERICANS WITH DISABILITIES ACT
NO CHANGE IN THIS ARTICLE
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ARTICLE 31 - WAIVER
NO CHANGE IN THIS ARTICLE
ARTICLE 32 - PROHIBITION AGAINST ASSIGNMENT OR DELEGATION
NO CHANGE IN THIS ARTICLE
ARTICLE 30 - EQUAL BENEFITS ORDINANCE
NO CHANGE IN THIS ARTICLE
ARTICLE 33 - PERMITS
NO CHANGE IN THIS ARTICLE
ARTICLE 34 - CLAIMS FOR LABOR AND MATERIALS
NO CHANGE IN THIS ARTICLE
ARTICLE 35 - DISCOUNTS
NO CHANGE IN THIS ARTICLE
ARTICLE 36 - CONTRACTOR PERFORMANCE EVALUATION
NO CHANGE IN THIS ARTICLE
ARTICLE 37 - CONTRACTOR RESPONSIBILITY ORDINANCE
NO CHANGE IN THIS ARTICLE
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ARTICLE 39 - SLAVERY DISCLOSURE ORDINANCE
NO CHANGE IN THIS ARTICLE
ARTICLE 38 - BREACH
NO CHANGE IN THIS ARTICLE
ARTICLE 40 - FIRST SOURCE HIRING ORDINANCE
MODIFY THIS ARTICLE TO READ AS FOLLOWS:
Unless otherwise exempt in accordance with the provisions of this Ordinance, this
CONTRACT is subject to the applicable provisions of the First Source Hiring Ordinance
(FSHO), Section 10.44 et seq. of the Los Angeles Administrative Code, as amended
from time to time.
CONSULTANT shall, prior to the execution of the CONTRACT, provide to the Designated
Administrative Agency (DAA) a list of anticipated employment opportunities that
CONSULTANT estimate they will need to fill in order to perform the services under the
CONTRACT. The Department of Public Works Office of Contract Compliance is the DAA.
CONSULTANT further pledges that it will, during the term of the CONTRACT, shall a) At
least seven (7) business days prior to making an announcement of a specific
employment opportunity, provide notifications of that employment opportunity to the
Community Development Department (CDD), which will refer individuals for interview;
b) Interview qualified individuals referred by CDD; and c) Prior to filling any
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employment opportunity, the CONSULTANT shall inform the DAA of the names of the
Referral Resources used, the names of the individuals they referred, the names of the
referred individuals who the CONSULTANT interviewed and the reasons why referred
individuals were not hired.
Any Subcontract entered into by the CONSULTANT relating to this AGREEMENT, to the
extent allowed hereunder, shall be subject to the provisions of FSHO, and shall
incorporate the FSHO.
CONSULTANT shall comply with all rules, regulations and policies promulgated by the
designated administrative agency, which may be amended from time to time.
Where under the provisions of Section 10.44.13 of the Los Angeles Administrative Code
the Designated Administrative Agency has determined that the CONSULTANT
intentionally violated or used hiring practices for the purpose of avoiding the article, the
determination must be documented in the Awarding Authority's Contractor Evaluation,
required under Los Angeles Administrative Code Section 10.39 et seq., and must be
documented in each of the CONSULTANTS subsequent Contractor Responsibility
Questionnaires submitted under Los Angeles Administrative Code Section 10.40 et seq.
This measure does not limit the CITY'S authority to act under this article.
Under the provisions of Section 10.44.8 of the Los Angeles Administrative Code, the
Awarding Authority shall, under appropriate circumstances, terminate this CONTRACT
and otherwise pursue legal remedies that may be available if the Designated
-25-
Administrative Agency determines that the subject CONSULTANT has violated provisions
of the FSHO.
ARTICLE 41 - INTELLECTUAL PROPERTY INDEMNIFICATION
NO CHANGE IN THIS ARTICLE
ARTICLE 42 - INTELLECTUAL PROPERTY WARRANTY
NO CHANGE IN THIS ARTICLE
ARTICLE 43 - MUNICIPAL LOBBYING ORDINANCE
NO CHANGE IN THIS ARTICLE
ARTICLE 44 - COMPLIANCE WITH LOS ANGELES CITY CHARTER SECTION 470(cK12^ FOR MEASURE H/CONTRACTOR CONTRIBUTIONS/FUNDRAISING
NO CHANGE TO THIS ARTICLE
(ADD^ ARTICLE 45 - IRAN CONTRACTING ACT OF 2010
In accordance with California Public Contract Code Sections 2200-2208, all bidders
submitting proposals for, entering into, or renewing contracts with the City of Los
Angeles for goods and services estimated at $1,000,000 or more are required to
complete, sign, and submit the Iran Contracting Act of 2010 Compliance Affidavit.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day
and year written below.
CH2M HILL ENGINEERINGCITY OF LOS ANGELES
Tite:Title: President. Board of Public Works
Date: 0^102-^[ C->JUN 1 5 2016Date
APPROVED AS TO FORM:
MICHAEL N. FEUER, City Attorney
Title: Assistant City Attorney
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