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CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION DATE: 06-16-2016 ROOM 395, CITY HALL (PLEASE DO NOT STAPLE THE CONTRACT FOR THE CLERKS 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 05/23/2016 DATE 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 PRINT
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Page 1: CONTRACT SUMMARY SHEET · 2016. 6. 17. · CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION DATE: 06-16-2016 ROOM 395, CITY HALL (PLEASE DO

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

PRINT

Page 2: CONTRACT SUMMARY SHEET · 2016. 6. 17. · CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION DATE: 06-16-2016 ROOM 395, CITY HALL (PLEASE DO

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 -

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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

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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

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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

li-

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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

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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-

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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

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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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