0150-08578-0001 TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2013/13-1043_rpt_cao_8-14-13.pdfIn accordance with Executive Directive No.3, the Board of Public Works (Board),

0150-08578-0001TRANSMITTAL

TO DATE COUNCIL FILE NO.

The City Council AUG 14 ?OP. 1 ". l~tc -d

FROM COUNCIL DISTRICT

The Mayor All

Proposed First Amendments to Seventeen ContractsFor On-Call Architectural Services

Approved and forwarded for your consideration.See the City Administrative Officer report attached.

~~·GuerrerOJMAYOR

MAS:AMG:06140011t

CA0649-1:l

Report FromOFFICE OF THE CITY ADMINISTRATIVE OFFICER

Analysis of Proposed Contract($25,000 or Greater and Longer than Three Months)

To: The Mayor I Date: 08-02-13 C.D. No. I CAD File No.:All 0150-08578-0001

Contracting DepartmenVBureau: ContactPublic Works/Bureau of Engineering Mark Nakata, (213) 485-4385Reference: Transmittal from the Board of Public Works dated July 3, 2013; referred for report on July 5, 2013.

Purpose of Contract: To provide on-call architectural services for the municipal facilities program.

Type of Contract: ( ) New contract (X) Amendment I Contract Term Dates:Five Years, July 8,2013 through July 8,2018

ContracVAmendment Amount: N/A

Proposed amount $ N/A + Prior award(s) $9.37 million = Total $ NfA

Source of funds: Various proiect funds.Name of Contractor: See Report.

Address: See Report.

Yes No N/A* 8. Contractor has complied with: Yes No N/A*1. Council has approved the purpose X a. Equal Employmt. Opptv.lAffirm. Action X2. Appropriated funds are available X b. Good Faith Effort Outreach? X3. Charter Section 1022 flndinos completed X c. Equal Benefits Ordinance X4. Proposals have been requested X d. Contractor Responsibility Ordinance X5. Risk Management review completed X e. Slavery Disclosure Ordinance X6. Standard Provisions for City Contracts included X f. Bidder Certification CEe Form 50 X7. Workforce that resides in the City: See Report *NrA = not applicable ** Contracts over $100,000

COMMENTS

In accordance with Executive Directive No.3, the Board of Public Works (Board), on behalf of theBureau of Engineering (Bureau), is requesting authority to execute the First Amendment to thefollowing 17 on-call architectural support services contracts in order to complete design and relatedwork on various active municipal facilities and recreation and park facility projects:

Daly Genik Architects

4611 W. Slauson Avenue, Los Angeles, CA 90043-2721

Brooks + Scarpa Architects,Inc. (formally Pugh & ScarpaArchitects, Inc.

C114016 1558-C Tenth Street, Santa Monica, CA 90401 71%

Jubany NAC Architecture C114020 3951 Medford St., Los Angeles, CA 90063 4%

Frank R. Webb Architects,Inc.

C114015 8607 Venice Blvd., Los Angeles, CA 90034 28%

GonzalezlGoodal e Architects C114022 135 West Green St. #200, Pasadena, CA 91105 15%

Gruen Associates C114023 6330 San Vicente Blvd., Suite 200, CA 90048 56%

Lehrer Architects LA, Inc. C114043 2140 Hyperion Ave., Los Angeles, CA 90027 83%

Paul Murdoch Architects C114021 8820 Wilshire Blvd., Ste. 330, Beverly Hills, CA90211

100%

06140011

CAO File No. Page0150-08578-0001 2

Pleskow Architects, Inc.(formally Pleskow Rail Corp.,Inc.

C114044

19528 Ventura Blvd., #636, Tarzana, CA 91356

RAW International, Inc. C114017 801 S. Grand Ave., Ste. 502, Los Angeles, CA90017

Rios Clementi Hale Studios C114018 639 N. Larchmont Blvd. #100, Los Angeles, CA90004

47%

73%

RoTo Architects, Inc. C114019 600 Moulton Ave., #405, Los Angeles, CA 90031

Sparano + MooneyArchitecture, Inc.

C114046 642 Moulton Ave., Studio W-4, Los Angeles, CA90031

100%

25%

STV/Seelye, Stevenson,Value & Knecht, Inc.

C114048 1055 W. 7th St., Ste. 3150, Los Angeles, CA 90017

SPF:architects C114047 8609 Washington Blvd., Culver City, CA 90232

Tetra-IBI Group ArchitecturePlanning (formally TetraDesign, Inc.

C114049 1055 Wilshire Blvd., #1885, Los Angeles, CA 90017

C114050Viniegra & ViniegraArchitecture

74%

1%

0%

100%

The proposed First Amendments will primarily extend the term of the five-year contracts by anadditional five years, retroactively from July 8, 2013 through July 8, 2018. In accordance with LosAngeles Administrative Code Section 10.5(a), pertaining to personal services related to constructionwork, Council approval is required to execute the proposed First Amendments as the term of thecontracts will now exceed five years. The fees for services have been negotiated and set by ProjectTask Orders established by the BOE Program Manager and are funded by various special projectsfunds. Any services provided prior to the execution of the contract amendment agreements will beeligible for payment. Therefore, since the contracts are considered "on-call" personal servicescontracts, there is no pre-established dollar value for the individual amendments.

The Bureau reports that 34 active Task Orders with a total value of$9,371,310 have been awarded todate and 15 of the 34 Task Orders were valued over $100,000.

Scope and Assignment of Work

Under the terms of the original contracts, the contractors will continue to provide the followingservices:

• Master, urban and interior space planning;• Programming and needs assessment;• Schematic designing, rendering and model building;• Computer Assisted Design and Drafting (CAD D);• Project scheduling and estimating;• Engineering design support, including civil, structural, mechanical 'and electrical engineering;• Construction and project management;• Leadership in Energy and Environmental Design (LEED) documentation and commissioning;

and,• Specialty consulting such as security systems, archeology/historical preservation, acoustical

audio visual, asbestos, methane gas mitigation and monitoring or fire/life safety.

CAO File No. Page0150-08578-0001 3

Selection Process

The 17 firms were selected through a competitive process in which a Request for Qualifications(RFQ), issued in April 2007, was advertised in newspapers, with local chapters of the AmericanInstitute of Architects and the Los Angeles Business Assistance Virtual Network. A total of 71consultants were reviewed and rated by four panels, each consisting of four Bureau staff. The 17 on-call consultants were selected based on their technical qualifications, experience, record of pastperformance, work approach, cost control and sustainable design experience.

Utilization of on-call consultants are determined by staffing availability and technical expertisenecessity. Once projects are identified and the Board determines that a Task Order should be issued,the Bureau will prepare a Task Order and utilize the appropriate pre-qualified list based on the CityEngineer's estimate of project costs. Each of the contractors on the list will be required to submit bidsfor the Task Order. For Task Orders valued over $100,000, contractors are also required to submit abid bond and proposed subcontractor list with their bid. Contractors will be required to use theapproved list of MinoritylWomen/Other Business Enterprise (MBEIWBE/OBE) subcontractors andfailure to do so will result in their bid being determined non-responsive. The contracts make noguarantee of work and compensation for services will be provided on a Lump Sum Basis.

Summary of First Amendment Changes

The First Amendments will not change the scope or assignment of work or method of compensation.However, some of the more significant changes included in the First Amendments are as follows:

• Article 4 was amended to add language indicating that no new Task Order Solicitations orProject Task Orders, unrelated to the currently assigned Projects, will be issued by the city tothe consultants under the current contract. These contracts are being extended to allow theconsultants additional time to complete existing task orders. The City will issue new taskorders upon establishing a successor on cal/list within the next several months.

• Articles 8 (Termination), 9 (Subconsultant Approval), 15 (Ownership of Data and IntellectualProperty language), 16 (Nondiscrimination), 26 (Bonds), 30 (Equal Benefits Ordinance), and39 (Bidder Certification of Compliance with Lobbying Laws and Bidder CampaignContributions), were added to include updates and changes to the City Standard Contractprovisions set forth by Ordinance. By executing the First Amendment, the contractor certifiesthat it and its subcontractors will comply with these requirements,

• Article 40 added language regarding the Affirmative Action program; Article 42 addedlanguage regarding the Equal Employment practices provisions; Article 43 added languageregarding the First Source Ordinance provisions as stipulated in Sections 10.8.4, 10.8.3, and10,44 of the Los Angeles Administrative Code, respectively.

• Article 41 was added to ensure that the contractor is aware of the liabilities resulting fromsubmitting false claims for payment.

CAO File No. Page0150-08578-0001 4

Charter Section 1022

In accordance with Charter Section 1022, this Office has determined that the services to be providedare more feasibly performed by contractors than by City employees since the work involved is time-sensitive and of a limited duration.

RECOMMENDATION

That the Council authorize the Board of Public Works to execute the proposed First Amendments, toextend the term by five years, retroactively from July 8, 2013 through July 8, 2018, substantially inform to the attached boilerplate amendment agreement, between the Bureau of Engineering and thefollowing 17 on-call architectural consulting firms:..............._ta_ci .....................~g~ : .

.. >:<. . ·.·:.>i<t ..... .i:::··· •. ............

Brooks + Scarpa Architects, Inc. (formally Pugh & Scarpa Architects, Inc.) C114045

Dalv Genik Architects C114016Frank R. Webb Architects, Inc. C114015Gonza lez/Good aIe Arch itects C114022Gruen Associates C114023Jubanv NAC Architecture C114020Lehrer Architects LA, Inc. C114043Paul Murdoch Architects C114021Pleskow Architects, Inc. (formallv Pleskow Rail Corp., lnc.) C114044RAW International, Inc. C114017Rios Clementi Hale Studios C114018RoTo Architects, Inc. C114019Sparano + Mooney Architecture, Inc. C114046

SPF:architects C114047STV/Seelye, Stevenson, Value & Knecht, Inc. C114048Tetra-IBI Groun Architecture Plannino (formally Tetra Deskin, lnc.) C114049Vinieqra & Vinieqra Architecture C114050

FISCAL IMPACT STATEMENT

There is no fiscal impact to the General Fund as the proposed First Amendments will extend the termof the existing contracts to provide sufficient time for the Bureau to establish a new on-call list. Thecontracts make no guarantee of work and all work will be issued on a project by project basis andsubject to the availability of project funds. The recommendation in this report complies with the City'sFinancial Policies as project funds will support project expenditures.

MAS:AMG:06140011

WARREN T. FURUTANICOMMISSIONER

ERIC GARCETTIMAYOR

http://wwwcbpw.lacity.org

CITY OF Los ANGELESBOARD OF PUBLIC WORKS

MEMBERSCALIFORNIA OFFICE OF THE

BOARD OF PUBLIC WORKS

VACANTPRESIDENT

200 NORTH. SPRING STREETROOM 361, CITY HALL

lOS ANGELES,-CA 90012(213) 978-0261

(213) 978-0278 Fax

ARLEEN P. TAYLOREXECUTIVE OFFICER

VALERIE LYNNE SHAWVICE PRESIDENT

STEVEN T. NUnERPRESIDENT PRO TEMPORE

JERILYN LOPEZ-MENDOZACOMMISSIONER

July 3,2013

#1 BOE/BCAMayor Eric GarcettiRoom 305

\ City HallAttn: Mandy Morales

Subject: REQUEST FOR AUTHORITY TO EXECUTE AMENDMENT NO.1 TO THE17 CONSULTANT CONTRACTS FOR PRE-QUALIFIED ON-CALLARCHITECTURAL SERVICES FOR THE MUNICIPAL FACILITITESPROGRAM

As recommended in the accompanying report of the City Engineer and the Director of theBureau of Contract Administration, which this Board has adopted, the Board of PublicWorks requests approval and forwarding to the City Council for approval and authorizationof Amendment No.1, increasing the total contract term from 5 years to 10 years, to each ofthe Contracts between the City of Los Angeles and the following 17 firms, as follows:

• Brooks + Scarpa Architects, Inc. (C-114045) formerly Pugh + Scarpa Architects• Daly Genik Architects (C-114016) c

• Frank R. Webb Architects, Inc. (C-114015)• Gonzales/Goodale Architects (C-114022)• Gruen Associates (C-114023)• Jubany NAC Architects (C-114020)• Lehrer Architects LA, Inc. (114043)• Paul Murdoch Architecture (C-114021)• Pleskow Architects, Inc. (C-114044) formerly Pleskow Rael Corporation, Inc.• RAW International, Inc. (C-114017)• Rios Clementi Hale Studios (C-114018)it RoToArchitects, Inc. (C-114019)• Sparano + Mooney Architecture, Inc. (C-114046)it SPF Architects (C-114047)• STY Incorporated (C-114048)it Tetra-IBI Group Architecture Planning (C-114049) formerly Tretra Design, Inc.• Viniegra & Viniegra Architecture (C-114050)

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER RecyclaDle and made from recycled wasil; @

Mayor Eric Garcetti -2- #1 BOE/BCA7/3/13

FISCAL IMPACT

It is now anticipated that project work covered by proposed Amendment No. 1 for eachcontract will have an additional impact to the General Fund. There are several activeproject task orders covered under these contracts. The Bureau of Engineering will ensurethat adequate funds are available to cover the costs for work on specific projects and willobtain Board authorization for Task Orders over $100,000.

Respectfully submitted,

APT:mp

Department of Public WorksADOPTED BY THE BOARD

PUBLIC WORKS OF THE CITYof Los Angeles California

AND R~R~~ 2~13HEMAYO~Bureau of EngineeringBureau of Contract AdministrationJoint Report No.1

July 3,2013CD Nos. All

REQUEST FOR AUTHORITY TO EXECUTE AMENDMENT No.1 TO THE 17 CONSULTANTCONTRACTS FOR PRE-QUALIFIED ON-CALL (PQGG) ARCHITECTURAL SERVICES FOR THEMUNICIPAL FACILITIES PROGRAM

RECOMMENDATIONS

1. Approve and forward this report with transmittals to the Mayor and City Councilrequesting the following:

a. Approve Amendment No.1, increasing the total contract term from 5 years to 10years, to each of the Contracts between the City of Los Angeles (City) and thefollowing 17 firms (FIRMS):

• Brooks + Scarpa Architects, Inc. (C114045) formerly Pugh + ScarpaArchitects, lnc.

• Daly Genik Architects (C114016)• Frank R. Webb Architects, Inc. (C114015)«0 Gonzalez/Goodale Architects (C114022)• Gruen Associates (C114023)• Jubany NAC Architecture (C114020)• Lehrer Architects LA, Inc. (C114043)• Paul Murdoch Architects (C 114021)• Pleskow Architects, Inc. (C114044) formerly Pleskow Rae! Corporation, Inc.• RAW International, Inc. (C114017)• Rios Clementi Hale Studios (C114018)• RoTo Architects, Inc. (C11401 9)• Sparano + Mooney Architecture, Inc. (C114046)• SPF:architects (C114047)• STV Incorporated (C 114048)• Tetra-IBI Group Architecture Planning (C114049) formerly Tetra Design, Inc.• Viniegra & Viniegra Architecture (C114050)

b. Authorize the President or two members of the Board of Public Works (Board) toexecute Amendment No.1.

2. Notify the Bureau of Engineering (BOE), Mahmood Karimzadeh, (213) 485-4282,when this Amendment is ready to be executed by the Board, whereupon five original

Page 2

Joint Report No.1

copies of each Amendment No. 1 will be delivered to the Executive Officer of theBoard for signature.

3. Upon execution, request the City Clerk to attest and certify the five original copies ofeach Amendment No.1. For each Amendment No.1, the City Clerk and the Boardwill each retain one original copy and three original copies are to be returned to theBOE, Mahmood Karimzadeh.

FISCAL IMPACT STATEMENT

It is not anticipated that project work covered by proposed Amendment No. 1 for eachcontract will have an additional impact to the General Fund. There are several activeproject task orders covered under these contracts. The BOE will ensure that adequatefunds are available to cover the costs for work on specific projects and will obtain Boardauthorization for Task Orders over $100,000.

TRANSMITIALS

1. Copy of each of the original executed PQOC contracts between the City and theFIRMS dated July 8,2008.

2. Copy of Proposed Amendment No. 1 for each contract, extending the term by 5 years.

DISCUSSION

BackgroundThe original PQOC contracts (Transmittal No.1) between the City and the FIRMS providingarchitectural consultant services for various projects were executed on July 8, 2008 and willexpire on July 8, 2013.

Amendment No.1 (Transmittal No.2) for each contract is needed to give the consultantsmore time to complete their existing and future Task Orders issued. The proposedAmendment No. 1 will extend the term of the contracts for an additional 5 years allowingthe City Engineer or the Board to assign other task orders to these consultants until a newPQOC architectural consultants list has been approved. On December 19, 2012, theBoard authorized the City Engineer to issue and advertise a "Request for Qualifications(RFQ)" for the purpose of establishing a new PQOe list of architectural consultants. TheBOE is in the process of establishing a new PQOC list which will supersede the existinglist of architectural consulting contracts.

The original personal services contracts had terms of 5 years. Several Task Ordersassigned to the consultants will last beyond the contracts' 5 year terms. This extensionwill allow the consultants to complete their existing projects.

July 3,2013Page 3

Department of Public WorksBureau of EngineeringBureau of Contract AdministrationJoint Report No.1

These FIRMS are currently working on several projects for the Municipal FacilitiesProgram and providing architectural related services to other City Departments. Thescope of their work includes providing design services and technical assistance duringconstruction. Continuity of their services on these projects is important to minimizeadverse impact to the projects' schedule, budget, and quality. The BOE is also in theprocess of issuing several Task Order Sol"icitations (TOS) and the consultants for theseTask Orders have yet to be selected.

Minority Business EnterpriselWomen Business Enterprise/Other Business Enterprise(MBEIWBE/OBE) Subcontractor Outreach ProgramAt the time of the distribution of the original RFQ for these contracts, the City hadestablished an MBEIWBE/OBE Subcontractor Outreach Program for architectural andrelated professional services with anticipated MBE and WBE participation levels of 12 and2 percent, respectively.

All the prime consultants had acknowledged the City's anticipated participation levels of 12percent MBE and 2 percent WBE. However, pledged participation levels were notestablished for specific subconsultants. New subconsultants were added and approved byeither the Board or BOE in some of the TOS due to highly specialized scope of work needs.The following information reflects the pledged and achieved subconsultant information foreach of the consultants according to BOE records.

M = African AmericanAPA;::: Asian Pacific American

NA ;:::Native AmericanM ;:::Male

HA ;:::Hispanic AmericanSM = Subcontinent Asian American

C = CaucasianF = Female

The MBEIWBE/OBE subconsultant information for the FIRMS is as follows:

Gender/Ethnicity Codes:

Brooks + Scarpa Architects, Inc. (C114045)Brooks + Scarpa Architects, Inc., has pledged participation levels totaling 1.05 percentMBE, 1.77 percent WBE, and 53.71 percent OBE. There is currently one active TaskOrder for this contract requiring MBEIWBE/OBE subcontractor utilization reporting, theEI Pueblo Italian Hall project and one closed project, the Siqueiros Mural project. Forthese Task Orders, Brooks + Scarpa Architects, Inc., pledged overall participation levelsof 1.05 percent MBE, 1.77 percent WBE, and 53.71 percent OBE. The actualparticipation levels achieved as of May 31, 2013, are 1.05 percent MBE, 1.61 percentWBE, and 68.49 percent OBE. Upon approval of contract Amendment No.1, Brooks +

Page 4

Joint Report No.1

Scarpa Architects, lnc., has pledged overall participation levels of 10.05 percent MBE,1.88 percent WBE, and 67.44 percent OBE.

Since contract execution, Brooks + Scarpa Architects, lnc., has added sevensubconsultants including Buro Happold Consulting lnc., Gausman & Moore, Greenwood& Associates, Innovative Engineering Group, Inc., Kaplan Chen Kaplan, Murashige &Onishi Engineering Co., lnc., and Philip Easton. The reason for the addition of thesesubconsultants was to mobilize for the design and construction management of thecompleted EI Pueblo Siqueiros Mural project which required a highly specialized teamof architects, engineers, an archaeologist, and a multi-media exhibit hall designer. TheBOE did not confirm that Brooks + Scarpa Architects, Inc., conducted an outreach toadd the subconsultants.

Table IMBEI

Genderl WBEI (%) of Total Amount InvoicedSubconsultants Ethnicity aBE Invoiced to Date

Storms & Lowe ConsultingEngineers M/APA MBE 1.05% $ 22,628.00Roberta S. Greenwood &Associates FIC WBE 0.86% $ 18,606.06Horton Lees Brogden LightingDesign, Inc. FIC WBE 0.74% $ 15,997.39Davis Langdon aBE 1.93% $ 41,500.00Innovative Engineering Group,Inc. aBE 0.82% $ 17,~74.00IQ Magic aBE 54.52% $1,173,092.41Kaplan Chen Kaplan OBE 1.31% $ 28,216.00Philip Easton aBE 0.57% $ 12,340.00Rolf Jensen & Associates aBE 1.35% $ 29,030.50Weidlinger Associates, Inc. aBE 1.75% $ 37,720.00Bura Happold Consultinq, Inc. aBE 3.78% $ 81,334.00Gausman & Moore aBE 1.66% $ 35,714.31Murashige & OnishiEnqineerinq Co., Inc. OBE 0.79% $ 17,094.68

Total MBE Participation 1.05% $ 22,628.00Total WBE Participation 1.61% $ 34,603.45Total OBE Participation 68.49% $1,473,615.90Subtotal Subconsultant Participation 71.15% $1~530~847.35Prime Participation 28.85% $ 620,842.71

Total Invoiced to Date $2,151,690.06

Pledged participation including Amendment NO.1:

Department of Public WorksBureau of EngineeringBureau of Contract AdministrationJoint Report No. 1

July 3, 2013Page 5

Table IIMBEI

Genderl WSEI (%) of Total Amount of TotalPledged Subconsultants Ethnicity aBE NTPs NTPs

Storms & Lowe ConsultingEnqineers M/APA MSE 1.05% $ 23,000.00Roberta S. Greenwood &Associates FIC WBE 1.15% $ 25,106.06Horton Lees Brogden LightingDesign, Inc. FIC WSE 0.73% $ 15,997.39Davis Langdon aBE 0.73% $ 41,500.00Innovative Engineering Group,Inc. aBE 0.80% $ 17,574.00IQ Magic aBE 53.68% $1,173,092.41Kaplan Chen Kaplan aBE 1.29% $ 28,216.00Philip Easton aBE 0.56% $ 12,340.00Rolf Jensen & Associates aBE 1.33% $ 29,030.50Weidlinger Associates, Inc. aBE 1.73% $ 37,720.00Buro Happold Consulting, Inc. aSE 3.72% $ 81,334.00Gausman & Moore aBE 1.63% $ 35,714.31Murashige & OnishiEngineering Co., Inc. aSE 0.78% $ 17,094.68

Total MBE Participation 1.05% $ 23,000.00Total WBE Participation 1.88% $ 41,103.45Total aBE Participation 67.44% $1,473,616.90Subtotal Subconsultant Participation 70.37% $1,537,720.40Prime Participation 29.63% $ 647,501.35

Total Base Task Amount· $2,185,221.75

Frank R. Webb Architects, Inc. (C114015)There are two active Task Orders for this contract requmnq MBEIWBE/OBEsubcontractor utilization reporting, the Hollywood Recreation Center Pool and PoolBuilding and the Hansen Dam Phase II Ranger Station Visitors Center. For thecombined task orders, Frank R. Webb Architects, Inc., has pledged overall participation

Daly Genik Architects (C114016)As of May 31,2013, Daly Genik Architects has not been issued any Task Orders over$100,000.

Page 6

Joint Report No.1

levels of 7.01 percent MBE, 2.52 percent WBE, and 31.64 percent OBE. The actualparticipation levels achieved as of May 31,2013 are 12.24 percent MBE, 1.94 percentWBE, and 23.77 percent OBE. Upon approval of contract Amendment No.1, Frank R.Webb Architects, lnc., has pledged participation levels of 12.52 percent MBE, 2.03percent WBE, and 24.49 percent aBE for the combined tasks.

Since contract execution, Frank R. Webb Architects, Inc., has added subconsultantsincluding Cumming, Gaia Development LLC, Intelisyn, and Snipes Dye Associates. Thereason for the. addition of these subconsultants was to mobilize for the design andconstruction management of the Hollywood Pool project which required a highlyspecialized team of architects and design professionals. The BOE did not confirm thatFrank R. Webb Architects, Inc., conducted an outreach to add the subconsultants. Also,Fuscoe Engineering, Inc. was added to the original contract without any documentationor reason.

Table IMBEI (%) of

Genderl WBEI Total Amount InvoicedSubconsultants Ethnicity aBE Invoiced to Date

Calvin R. Abe Associates, Inc. M/APA MBE 0.00% $ 0.00RKM Consultino Enqineers M/HA MBE 3.77% $ 20,390.00SaifulfBouquet ConsultingStructural Enqineers, Inc. M/8M MBE 5.20% $ 28,099.57Storms & Lowe Associates M/APA MBE 3.27% $ 17,650.00Katherine Spitz Associates, Inc. FIC WBE 1.94% $ 10,500.00Chew Specifications aBE 2.50% $ 13,500.00OPB Enqineers, Inc. aBE 0.00% $ 0.00Fuscoe Enqineerlnq, Inc. aBE 7.22% $ 39,024.00Gaia Development LLC aBE 0.00% $ 0.00lntelisvn aBE 2.96% $ 16,000.00John A. Martin & Associates, Inc. aBE 0.00% $ 0.00JPL Zonings aBE 0.48% $ 2,602.89Rowley International, Inc. aBE 10.61% $ 57,350.00Snipes-Dye Associates aBE 0.00% $ 0.00

Total MBE Participation 12.24% $ 66,139.57Total WBE Participation 1.94% $ 10,500.00Total aBE Participation 23.77% $128,479.89Subtotal Subconsultant Participation 37.96% $205,116.46Prime Participation 61.04% $335,286.88

Total Invoiced to Date $540,403.34


July 3,2013Page 7

Pledged participation including Amendment No.1:

Table IIMBEI (%) of

Genderl WBEI Total Amount of TotalPledged Subconsultants Ethnicity aBE NTPs NTPs

Calvin R. Abe Associates, Inc. M/APA MBE 0.41% $ 3,500.00RKM Ccnsultinq Enqineers M/HA MBE 3.68% $ 31,298.00Saiful/Bouquet ConsultingStructural Enqineers, Inc. M/SAA MBE 4.07% $ 34,600.00Storms & Lowe Associates M/APA MBE 4.36% $ 37,100.00Katherine Spitz Associates, Inc. FIC WBE 2.03% $ 17,285.00Chew Specifications aBE 1.70% $ 14,500.00DPB Enqineers, Inc. aBE 0.32% $ 2,750.00Fuscoe Enqineerinq, Inc. aBE 7.60% $ 64,700.00Gaia Development LLC aBE 0.42% $ 3,570.00Intelisvn aBE 2.40% $ 20,400.00John A. Martin & Associates, Inc. aBE 0.67% $ 5,675.00JPL Zonlnos aBE 0.31% $ 2,602.89Rowlev International, Inc. aBE 9.62% $ 81,850.00Snipes-Dye Associates aBE 1.45% $ 12,364.00

Total MBE Participation 12.52% $106,498.00Total WBE Participation 2.03% $ 17,285.00Total aBE Participation 24.49% $208,411.89Subtotal Subconsultant Participation 39.04% $332,194.89Prime Participation 60.96% $518,643.86

Total Base Task Amount $850,838.75

Gonzalez/Goodale Architects (C114022)There is one active Task Order for this contract requiring MBEIWBE/OBE subcontractorutilization reporting, the Los Angeles Department of Transportation (LADOT) DowntownBus Maintenance Facility Project which was awarded February 4, 2013. For this Task,Gonzalez/Goodale Architects pledged 12.56 percent MBE, 4.23 percent WBE, and 34.65percent aBE. The actual participation levels achieved as of May 31, 2013, are 0.00 percentMBE, 0.00 percent WBE, and 38.80 percent aBE. Upon approval of this contractAmendment No.1, Gonzalez/Goodale Architects has pledged participation levels of 11.89percent MBE,4.00 percent WBE, and 38.13 percent aBE.

Since contract execution, Gonzalez/Goodale Architects has added five subconsultantsincluding Construction Cost Consultants, Tetra-IBI Group Architecture Planning,Rosenheim & Associates, Inc. t Syska Hennessy Group, and Vanir Construction

Table IMBEI (%) of


Calvin R. Abe & Associates,Inc. M/APA MBE 0.00% $ 0.00Englekirk & Sabol ConsultingStructural Enqineers, Inc. MfAPA MBE 0.00% $ 0.00Construction Cost Consultants F/SAA WBE 0.00% $ 0.00Vanir ConstructionManaqement, Inc. FfHA WBE 0.00% $ 0.00Rosenheim & Associates, Inc. aBE 0.00% $ 0.00Svska Hennessy Group aBE 0.00% $ 0.00Tetra-IBI Group ArchitecturePlanning aBE 38.80% $ 8,521.00

Total MBE Participation o· 0.00% $ 0.00Total WBE Participation 0.00% $ 0.00Total aBE Participation 38.80% $ 8,521.00Subtotal Subconsultant Participation 38.80% $ 8!521.00Prime Participation 61.20% $13,439.00


Joint Report No.1

Page 8

Management, Inc. The reason for the addition of these subconsultants was to mobilize forthe design and construction management of the LADOT Downtown Bus Maintenancewhich required a highly specialized team of architects, a real estate expert, and busmaintenance and fueling design professionals. The BOE did not confirm thatGonzalez/Goodale Architects conducted an outreach to add the subconsultants.


Table IIMBE' (%) of

Gender! WBEf Total Amount of TotalPledged Subcnnsultants Ethnicity aBE NTPs NTPs

Calvin R. Abe & Associates,Inc. M/APA MBE 4.72% $ 79,000.00Englekirk & Sabol ConsultingStructural Engineers, Inc. M/APA MBE 7.17% $ 120,000.00Construction Cost Consultants F/SAA WBE 2.51% $ 42,000.00Vanir ConstructionManagement, Inc. F/HA WBE 1.49% $ 25,000.00Rosenheim & Associates, Inc. aBE 5.08% $ 85,000.00Syska Hennessy Group aBE 14.39% $ 240,800.00Tetra-Bl Group ArchitecturePlanning aBE 18.41 % $ 308,000.00


Total MBE Participation 11.89% $ 199,000.00Total WBE Participation 4.00% $ 67,000.00Total aBE Participation 37.88% $ 633,800.00Subtotal Subconsultant Participation 53.78% $ 899,800.00Prime Participation 46.22% $ 773,450.00

Total Base Task Amount $1,673,250.00

July 3,2013Page 9

Gruen Associates (C114023)There are three active Task Orders for this contract requmnq MBEIVVBE/OBEsubcontractor utilization reporting, the Mount Lee Electrical Upgrade and Evaluation of LosAngeles Police Department (LAP D) Dispatch Centers, Engineering Assessment andEvaluation Services for 15 Critical and Essential City Communications Facilities, and theWoodland Hills Recreation Center project. For the currently approved combined tasks,Gruen Associates pledged 27.66 percent MBE, 40.39 percent WBE, and 13.56 percentOBE. The actual participation levels achieved as of May 31, 2013, are 18.95 percent MBE,51.45 percent WBE, and 17.69 percent OBE. Upon approval of contract Amendment No.1,Gruen Associates has pledged participation levels of 17.70 percent MBE, 31.06 percentWBE, and 9.31 percent OBE for these active tasks. In addition, a Notice-to-Proceed,subject to Board authorization, will be issued on a Task Order Revision for the WoodlandHills Recreation Center project. It authorizes additional design services for including a pooland bathhouse replacement to the project. If approved, the overall pledged participationwill be revised to 21.96 percent MBE, 27.83 percent WBE, and 15.92 percent OBE.

Since contract execution, Gruen Associates has added five subconsultants for various TaskOrders including Cumming Corporation, Infrastructure Factor Consulting, Inc., and LenaxConstruction Services, Inc. The reason for the addition of these subconsultants wasprimarily to mobilize for the design and construction management of communicationfacilities related task orders which required a highly specialized team of architects anddesign professionals. In addition, Gruen Associates added Beezley Management LLC andRowley International, Inc., for some of additional design services associated with theWoodland Hills pool and bathhouse design. The BOE did not confirm that GruenAssociates conducted an outreach to add the subconsultants.

Joint Report No. 1

Page 10

Table IMBEI (%) of


Englekirk & Sabol ConsultingStructural Engineering M/APA MBE 8.65% $ 43,750.00Innovative Engineering Group,Inc. M/APA MBE 4.59% $ 23,200.00VCA Enqineerinq, Inc. M/APA MBE 5.71% $ 28,898.00Infrastructure Factor Consulting,Inc.* FIG WBE 46.76% $236,506.00 .Lenax Construction Services, Inc. F/C WBE 4.69% $ 23,700.00Cumming Corporation aBE 0.00% $ 0.00Infrastructure Factor Consulting,Inc.* aBE 17.69% $ 89,452.00

Total MBE Participation 18.95% $ 95,848.00Total WBE Participation 51.45% $260,206.00

. Total aBE Participation 17.69% $ 89,452.00Subtotal Subconsultant Participation 88.08% $445,506.00Prime Participation 11.92% $ 60,272.90

Total Invoiced to Date $505,778.90* This subconsultant became a certified WBE on October 19, 2012.


Table IIMBEI (%) of

Genderl WBEI Total Amount of TotalPledqed Subconsultants Ethnicity aBE NTPs NTPs

Englekirk & Sabol ConsultingStructural Engineers, Inc. M/APA MBE 8.74% $ 124,255.50Innovative Engineering Group,Inc. M/APA MBE 3.65% $ 51,870.00VCA Engineering, Inc. M/APA MBE 5.32% $ 75,615.00Infrastructure Factor Consulting,Inc. * F/C WBE 28.40% $ 403,978.00Lenax Construction Services, Inc. F/C WBE 2.66% $ 37,800.00Cumrnino Corporation aBE 3.02% $ 42,907.00Infrastructure Factor Consulting,Inc. * aBE 6.29% $ 89,452.00


Total Base Task Amount $1,422,274.15* ThIS subconsultant became a certified WBE on October 19, 2012.


July 3,2013Page 11

Jubany NAG Architecture (C114020)As of May 31, 2013, Jubany - NAC Architecture has not been issued any Task Ordersover $100,000.

Lehrer Architects LA, Inc. (C114043)There are two active Task Orders for this contract requiring MBEIWBE/OBE subcontractorutilization reporting, the Reseda Pool Project and the Spring Street Park Project. For thesetwo Tasks, Lehrer Architects LA, Inc., pledged a combined participation levels of 4.22percent MBE 2.34 percent WBE, and 47.02 percent OBE. The actual participation levelsachieved as of May 31, 2013, are 4.98 percent MBE, 1.67 percent WBE, and 34.67 percentOBE. Upon approval of contract Amendment No.1, Lehrer Architects LA, Inc. has pledgedparticipation levels of 5.28 percent MBE, 1.89 percent WBE, and 40.32 percent OBE forthese active Tasks.

Since contract execution, Lehrer Architects LA, lnc., has added eleven subconsultants forvarious task orders including John Brubaker, lnc., Cumming Corporation, Donald F.Dickerson Associates, Fluidity, Focus Environmental Consulting LLC, Glen DakeLandscape Architect, Jones & Madhavan, PACE, lnc., Rebeca Mendez Design, TortiGallas and Partners, Inc., and VCA Engineering. The reason for the addition of thesesubconsultants was primarily to mobilize for the design and construction management ofthe Reseda Pool Project, requiring aquatic design specialists. Subconsultants were addedto provide design support for the Spring Street Park project. The BOE did not confirm thatLehrer Architects LA, lnc., conducted an outreach to add the subconsultants.

Table IMBEI (%) of


Kanda Project Services * M/SAA MBE 1.14% $ 5,800.00VCA Engineering M/APA MBE 3.84% $ 19,520.00Mia Lehrer & Associates F/HA WBE 1.67% $ 8,500.00Donald F. Dickerson Associates aBE 8.83% $ 44,949.00Chew Specifications aBE 2.16% $ 11,000.00Cumming Corporation aBE 0.16% $ 800.00Fluidity aBE 0.00% $ 0.00Focus Environmental ConsultingLLC aBE 0.00% $ 0.00Glen Dake Landscape Architect aBE 0.00% $ 0.00John Brubaker, Inc. aBE 1.53% $ 7,780.00John Labib + Associates aBE 2.65% $ 13,500.00

Jones & Madhavan aBE 13.26% $ 67,495.00Kanda Project Services * aBE 0.22% $ 1,100.00PACE, Inc. aBE 4.87% $ 24,767.00Rebeca Mendez Design aBE 0.98% $ 5,000.00Torti Gallas and Partners, Inc. aSE 0.00% $ 0.00

Total MBE Participation 4.98% $ 25,320.00Total WBE Participation 1.67% $ 8,500.00Total aBE Participation 34.67% $176,691.00Subtotal Subconsultant Participation 41.31% $.210,211.00Prime Participation 58.69% $298,633.18

Total Invoiced to Date $508,844.18. .

Joint Report No.1

Page 12

.. This subconsultant became certified on July 30, 2010, and has been credited accordingly .


Table IIMBEI (%) of

Genderl WBEf Total Amount of TotalPledged Subconsultants Ethnicity aBE NTPs NTPs

Kanda Project Services* M/SAA MBE 1.59% $ 8,400.00VCA Engineering M/APA MBE 3.69% $ 19,520.00Mia Lehrer & Associates F/HA WBE 1.89% $ 10,000.00Donald F. Dickerson Associates aBE 8.49% $ 44,949.00Chew Specifications aBE 2.08% $ 11,000.00Cumming Corporation aBE 0.33% $ 1,760.00Fluidity aBE 1.51% $ 8,000.00Focus Environmental ConsultingLLC aBE 0.66% $ 3,500.00Glen Dake Landscape Architect aBE 0.08% $ 440.00John Brubaker, Inc. aBE 1.47% $ 7,780.00John Labib + Associates aBE 2.74% $ 14,500.00Jones & Madhavan aBE 12.75% $ 67,495.00Kanda Project Services" aBE 0.21% $ 1,100.00PACE, Inc. aBE 5.08% $ 26,856.00Rebeca Mendez Design aBE 4.72% $ 25,000.00Torti Gallas and Partners, Inc. aBE 0.19% $ 1,000.00

Total MBE Participation 5.28% $ 27,920.00Total WBE Participation 1.89% $ 10,000.00Total aBE Participation 40.32% $213,380.00Subtotal Subconsultant Participation 47.49% $251,300.00Prime Participation 52.51% $277,868.00

Total Base Task Amount $529,168.00. .

* This subconsultant became certified on July 30, 2010, and has been credited accordingly .


July 3,2013Page 13

Paul Murdoch Architects (C114021)As of May 31, 2013, Paul Murdoch Architects has not been issued any Task Orders,thus they have not utilized subconsultants.

Pleskow Architects, Inc., formerly PleskowRael (C114044)As of May 31, 2013, Pleskow Architects, lnc., has not been issued any Task Orders over$100,000.

RiDS Clementi Hale Studios (C114018)As of May 31, 2013, Rios Clementi Hale Studios has not been issued any Task Ordersover $100,000.

RAW lntemetionet, Inc. (C114017)As of May 31, 2013, RAW International, Inc., has not been issued any Task Orders,thus they have not utilized subconsultants.

RoTo Architects, Inc. (C114019)As of May 31, 2013, RoTa Architects, Inc., has not been issued any Task Orders, thusthey have not utilized subconsultants.

Sparano + Mooney Architecture, Inc. (C114046)There are two active Task Orders for this contract requmnq MBEIWBE/OBEsubcontractor utilization reporting, the Los Angeles Regional InteroperableCommunications System (LARICS) and the 109th Street Pool Project. For these tasks,Sparano + Mooney Architecture, Inc., pledged overall combined participation levels of6.26 percent MBE, 20.97 percent WBE, and 36.38 aBE percent. The actualparticipation levels achieved as of May 31,2013, are 5.60 percent MBE, 24.60 percentWBE, and 21.62 percent OBE. When the 109th Street Pool Project was awarded,Sparano + Mooney Architecture, Inc., was issued a Notice to Proceed only for thedesign phase. The Notice to Proceed for the Bid and Award and Construction phaseswill be issued upon adoption of this amendment. Upon approval of contract AmendmentNo.1, Sparano + Mooney Architecture, Inc., has pledged participation levels of 5.37percent MBE, 16.69 percent WBE, and 31.1.7 percent OBE.

Since contract execution, Sparano + Mooney Architecture, Inc., has added sixsubconsultants for various Task Orders including Comsearch, Expedient Energy LLC,McNeil Group, Parametrix, Ponche Construction Consultants, and Wright Engineers.The reason for the addition of these subconsultants was primarily to mobilize for thedesign and construction management of the LARICS project, requiring environmental

Page 14

Joint Report No.1

documentation specialists, and the 10gth Street Pool Project, requiring aquatic designspecialists. The BOE did not confirm that Sparano + Mooney Architecture, Inc.,conducted an outreach to add the subconsultants.

Table IMBEt (%) of

Genderl WSEt Total Amount InvoicedSubconsultants Ethnicity aBE Invoiced to Date

Civil Trans, Inc. M/SAA MBE 0.58% $ 3,933.00Maroko & Shwe, Inc. M/APA MBE 5.02% $ 33,773.00Withers & Sandqren, Ltd. FIC WBE 0.44% $ 2,988.00Ultrasystems Environmental, Inc. FIC WBE 24.16% $162,696.00Nast Enterprises Corp. aBE 0.28% $ 1,909.00Rowley International, Inc. aBE 0.22% $ 1,470.00Comsearch aBE 2.76% $ 18,600.00Expedient Energy LLC aBE 0.00% $ 0.00McNeil Group aBE 2.32% $ 15,610.00Parametrix aBE 2.07% $ 13,970.00Ponche Const. Consultants LLC aBE 0.00% $ 0.00Rybak Geotechnical aBE 0.00% $ 0.00Silver Roth & Associates, Inc. aBE 11.61% $ 78,190.00Wright Engineers aBE 2.36% $ 15,872.00

Total MBE Participation 5.60% $ 37,706.00f------

Total WBE Partlcioation 24.60% $165,684.00Total aBE Participation 21.62% $145,621.00Subtotal Subconsultant Participation 51.83% $349,011.00Prime Participation 48.17% $324,400.79

Total Invoiced to Date $673.411.79

Table IIMBEI (%) of


Civil Trans, Inc. M/SAA MBE 0.94% $ 10,920.00Maroko & Shwe, Inc. M/APA MBE 4.43% $ 51,302.00Withers & Sandgren, Ltd. FIC WBE 0.60% $ 7,008.00Ultrasystems Environmental, Inc. FIC WBE 16.08% $ 186,408.00Nast Enterprises Corp. aBE 0.54% $ 6,237.00Ponche Const. Consultants LLC aBE 0.13% $ 1,450.00Rowley International, Inc. aBE 2.25% $ 26,041.00Comsearch aBE 2.80% $ 32,458.00Expedient Energy LLC aBE 2.66% $ 30,820.00McNeil Group aBE 4.78% $ 55,438.00



July 3, 2013Page 15

Parametrix aBE 2.16% $ 25,000.00Rybak Geotechnical aBE 1.21% $ 14,000.00Silver Roth & Associates, Inc. aBE 11.24% $ 130,292.00Wright Engineers aBE 3.41% $ 39,550.00


Total Contract Ceiling $1,159,124.00

SPF:architects (C114047)There is one Task Order for this contract requmnq MBEIWBE/OBE subcontractorutilization reporting, the Vine Street Parking Garage. For the Vine Street ParkingGarage project, at the City's request SPF:architects subcontracted with PGAL, an OBEarchitectural firm that had completed the design for the project. SPF:architectssubcontracted with PGAL for the construction administration of the project. Additionally,there is the Taylor Yard Pedestrian Bridge Project for which BOE anticipates receivingBoard authorization in the near future. SPF:architects has pledged participation levelsof 0.00 percent MBE, 0.00 percent WBE, and 94.00 percent OBE. The actualparticipation levels achieved as of May 31, 2013 are 0.00 percent MBE, 0.00 percentWBE, and 95.30 percent OBE. Upon approval of contract Amendment No.1,SPF:architects has pledged participation levels of 0.00 percent MBE, 0.00 percentWBE, and 94.00 percent OBE. A Notice to Proceed, subject to Board authorization, hasnot yet been issued on the Taylor Yard Pedestrian Bridge Project. If approved theoverall combined levels of participation will be 0.36 percent MBE, 1.46 percent WBE,and 79.03 percent OBE.

Since contract execution, SPF:architects has added six subconsultants for the two taskorders including ARUP, Hood Design Group, PGAL, PhD.A. Design Office, Tetra Tech,and the Marcos Group. The reason for the addition of these subconsultants was primarilyto mobilize for the design and construction management of the Vine Street Garage Project,where the subconsultant completed design, and the Taylor Yard Bridge Project, whichrequired subconsultants specializing in both bridge design and the Los Angeles River. TheBOE did not confirm that SPF:architects conducted an outreach to add the subconsultants.

Table IGenderl MBEt (%) ofEthnicity WBEI Total Amount Invoiced

Subconsultants aBE Invoiced to DatePGAL aBE 95.30% $365,242.18

Total MBE Participation 0.00% $ 0.00Total WBE Participation 0.00% $ 0.00Total aBE Participation 95.30% $365,242.18Subtotal Subconsultant Participation 95.30% $365,242.18Prime Participation 4.70% $ 18,006.56

Total Invoiced to Date $383,248,74

. Joint Report No.1

Page 16

Pledged participation including Amendment NO.1:

Table IIGenderl MBEI (%) ofEthnicity WBEI Total Amount of Total

Pledqed Subconsultants aBE NTPs NTPsPGAL aBE 94.00% $433,622.94

Total MBE Participation 0.00% $ 0.00Total WBE Participation 0.00% $ 0.00Total aBE Participation 94.00% $433,622.94Subtotal Subconsultant Participation 94.00% $433,622.94Prime Participation 6.00% $ 27,678.06

Total Base Task Amount $461,301.00

STV Incorporated (C114048)There is one active Task Order for this contract requiring MBEIWBE/OBE subcontractorutilization reporting, the Convention Center Constructability Review. For this task, STYIncorporated pledged 13.25 percent MBE and 2.24 percent WBE, and 14.62 percentOBE. The actual participation levels achieved as of May 31, 2013 are 0.00 percentMBE, 0.00 percent WBE, and 0.00 percent OBE. The consultant did not report usingsubconsultants in their first invoice submitted. Upon approval of contract AmendmentNo.1, STY Incorporated has pledged participation levels of 12.04 percent MBE, 2.04percent WBE, and 13.29 percent OBE.

Since contract execution, STY Incorporated has added four subconsultants for theConvention Center Task Orders including Jacobus & Yuanq, NUVIS, VSA and Associates,Inc. and Webb Design. The reason for the addition of these subconsultants was primarilyto mobilize for the Convention Center task order. The BOE did not confirm that SlYIncorporated conducted an outreach to add the subconsultants.

July 3,2013Page 17


Table IMBEI (%) of


VSA and Associates, Inc. M/SAA MBE 0.00% $ 0.00NUVIS F/C WBE 0.00% $ 0.00Jacobus & Yuanq, Inc. aBE 0.00% $ 0.00Webb Desiqn aBE 0.00% $ 0.00

Total MBE Participation 0.00% $ 0.00Total WBE Participation 0.00% $ 0.00Total aBE Participation 0.00% $ 0.00Subtotal Subconsultant Participation 0.00% $ 0.00Prime Participation 100.00% $16,187.84

Total Invoiced to Date $161187.84


Table II .MBEI (%) of


VSA and Associates, Inc. M ISAA MBE 12.04% $ 26,492.00NUVIS F/C WBE 2.04% $ 4,485.00Jacobus & Yuanq, Inc. aBE 6.28% $ 13,824.00Webb Design aBE 7.00% $ 15,410.00

Total MBE Participation 12.04% $ 26,492.00Total WBE Participation 2.04% $ 4,485.00Total aBE Participation 13.29% $ 29,234.00Subtotal Subconsultant Participation 27.37% $ 601211.00Prime Participation 72.63% $159,789.00

Total Base Task Amount $2201000.00

Tetra-IBI Group Architecture Planning (C114049)There are two active Task Orders for this contract requmnq MBEIWBE/OBEsubcontractor utilization reporting, the Los Angeles Street Civic Building and the LAPDScientific Investigation Division Relocation Project. For these tasks, Tetra-lSI GroupArchitecture Planning has pledged overall combined participation levels of 17.67percent MBE, 3.16 percent WBE, and 37.75 percent OBE. The actual participationlevels achieved as of May 31,2013, are 19.13 percent MBE, 0.18 percent WBE, and50.95 percent OBE. Upon approval of contract Amendment No.1, Tetra-IBI Group

Page 18

Joint Report No.1

Architecture Planning has pledged participation levels of 14.77 percent MBE, 2.64percent WBE, and 46.94 percent OBE.

Since contract execution, Tetra-lfsl Group Architecture Planning has added elevensubconsultants for various task orders including Aegir Systems, Asset Strategies, ATCAssociates, Inc., Cumming Corporation, Gensler, Glumac, Jones & Stokes, KOACorporation, Kumamoto Associates, McClaren Wilson & Lawrie, and Nabih Youssef &Associates for Task Orders over $100,000. The reason for the addition of thesesubconsultants was primarily to mobilize for the design and construction managementof the Scientific Investigation Division relocation. Subconsultants were added to provideconceptual design support and environmental impact documentation for the LA StreetCivic Building project and a conceptual design team was added for a Los Angeles Riverrelated study along Humboldt Street. The BOE did not confirm that Tetra - IBI GroupArchitecture Planning conducted' an outreach to add the subconsultants.

Table IMBEI (%) of


Calvin R. Abe & Associates M/APA MBE 0.58% $ 4,518.00DC Construction ManagementServices M/APA MBE 2.77% $ 21,600.00Kanda Project Services, Inc. M/SAA MBE 0.00% $ 0.00KOA Corporation M/APA MBE 7.83% $ 60,962.00Maroko & Shwe, Inc. M/APA MBE 6.37% $ 49,572.00SaifuliBouquet ConsultingStructural Engineers, Inc. M/SAA MBE 1.58% $ 12,286.00Aegir Systems, Inc. F/AA WBE 0.00% $ 0.00Kumamoto Associates F/APA WBE 0.18% $ ,408.00Asset Strategies OBE 1.07% $ 8,350.00ATC Associates, Inc. OBE 0.12% $ 910.00Brandow & Johnston, Inc. aBE 0.00% $ 0.00Cumming Corporation OBE 0.84% $ 6,516.00Gensler OBE 11.51% $ 89,593.00Glumac OBE 0.46% $ 3,564.00ICF Jones & Stokes aBE 10.59% $ 82,440.00McClaren Wilson & Lawrie OBE 14.76% $114,927.00Nabih Youssef & Associates OBE 3.86% $ 30,020.00Pacific Enqineers Group OBE 7.75% $ 60,336.00

Total MBE Participation 19.13% $148,938.00Total WBE Participation 0.18% $ 1,408.00Total aBE Participation 50.95% $396,656.00Subtotal Subconsultant Participation 70.26% $547,002.00Prime Participation 29.74% $231,550.14




July 3,2013Page 19

Table IIMBEI (%) of

Genderl WBEI Total Amount of TotalPledged Subconsultants Ethnicitv aBE NTPs NTPs

Calvin R. Abe & Associates M/APA MBE 1.55% $ 23,472.00DC Construction ManagementServices M/APA MBE 1.43% $ 21,600.00Kanda Project Services, Inc. M/SM MBE 0.90% $ 13,600.00KaA Corporation M/APA MBE 4.83% $ 73,190.00Maroko & Shwe, Inc. M/APA MBE 4.28% $ 64,800.00SaifullBouquet ConsultingStructural Engineers, Inc. M/SM MBE 1.79% $ 27,180.00Aegir Systems, Inc. F/M WBE 1.32% $ 20,000.00Kumamoto Associates F/APA WBE 1.32% $ 20,014.00Asset Strategies aBE 1.52% $ 23,000.00ATC Associates, Inc. aBE 1.47% $ 22,290.00Brandow & Johnston, Inc. aBE 2.70% $ 40,890.00Cumming Corporation aBE 0.89% $ 13,500.00Gensler aBE 11.56% $ 175,150.00Glumac aBE 0.97% $ 14,625.00ICF Jones & Stokes aBE 12.52% $ 189,650.00McClaren Wilson & Lawrie aBE 8.63% $ 130,703.00Nabih Youssef & Associates aBE 1.98% $ 30,020.00Pacific Engineers Group aBE 4.72% $ 71,549.00


Total Base Task Amount $1,515,350.00

Viniegra & Viniegra Architecture (C114050)As of May 31, 2013, Viniegra & Viniegra Architecture has not been issued any taskorders over $100,000.

Compliance with City Policies and with the Boards' PolicyAll consultants participating in this program are subject to compliance with the followingCitys' Ordinances and policies: Contractor Responsibility Ordinance; Business Tax

Joint Report No.1

Page 20

Registration Certificate; Non-Discrimination, Equal Employment Practices, and AffirmativeAction; Insurance requirements; Equal Benefits Ordinance; Child Support ObligationsOrdinance; Americans with Disabilities Act; Service Contractor Worker RetentionOrdinance; Living Wage Ordinance; Slavery Disclosure Ordinance; Non-Collusion; FirstSource Hiring Ordinance; and Discount Terms. FIRMS will comply with the requirementsof the MBEIWBE/OBE Subcontractor Outreach Program. Failure to comply with allrequirements will render the Consultant's Contract subject to termination pursuant to theconditions therein.

Businesses are encouraged to locate or remain within the City of Los Angeles topreserve and enhance the economic base and well-being of the City. According to theLos Angeles Residence Information form, Consultants provided the followinginformation:

Total No. of Employees (%) of EmployeesConsultant Employees Residing in LA. Residing in LA.

Brooks + Scarpa Architects, Inc. 7 3 43%Daly Genik Architects 7 5 71%Frank R. Webb Architects, Inc. 18 5 28%Gonzalez/Goodale Architects 20 3 15%Gruen Associates 54 30 56%UubanyNAC Architecture 105 4 4%Lehrer Architects LA, Inc. 12 10 83%Ipaul Murdoch Architects 8 8 100%Pleskow Architects, Inc. 2 0 0%RAW International, Inc. 15 7 47%Rios Clementi Hale Studios 60 44 73%RoTa Architects, Inc. 6 6 100%Sparano + Mooney Architecture,nco 8 2 25%

SPF:architects 19 14 74%STV/Seelye, Stevenson, Value &Knecht 1,644 13 1%Tetra-IBI Group ArchitecturePlanninq 3, 096 7 0%Viniegra & Viniegra Architecture

5 5 100%

The quality of the work performed by the FIRMS will be monitored in accordance with theContractor Evaluation Ordinance No. 173018 (Division 10, Chapter 1, Article 13 of the LosAngeles Administrative Code [L.AA.C.]) and the Rules for the Evaluation of ServiceContractors which require Departments to prepare performance evaluations uponcompletion of all service contracts over $25,000 and at least three months in duration. Thecritiques are kept on file by the Bureau of Contract Administration (BCA) , Special Research& Investigation Section for reference by other City Departments and agencies.


July 3,2013Page 21

Contractor Petformance EvaluationIn accordance with Article 13, Chapter 1, Division 10 of the City of L.A.A. C., theappropriate City personnel responsible for the quality control of this personal servicescontract shall submit Contractor Performance Evaluation Reports to the BCA, SpecialResearch & Investigation Section upon completion of this contract.

Contractor Responsibility OrdinanceAll contractors participating in this program are subject to compliance with therequirements specified in the City of Los Angeles' Contractor Responsibility OrdinanceNo. 173677 (Article 14, Chapter 1, Division 10, L.A.A.C.). Failure to comply with allrequirements specified in the Ordinance may render this bidder's contract subject totermination pursuant to the conditions expressed therein.

Notice of Intent to Contract and Charter Section 1022 DeterminationThe required Notification of Intent to Contract form was submitted to the CityAdministrative Officer (CAD) on July 20, 2012. On August 2, 2012, it was determinedthat the job classifications Architect, Architectural Associate, Architectural DraftingTechnician, Building Electrical Engineer, Electrical Engineering Associate, BuildingMechanical Engineer, Structural Engineer, and Structural Engineering Associate performduties similar to those outlined. However, some of the pending Task Orders requiretechnical skills or specialized expertise not provided by City employees. A Charter 1022Determination from the CAO was not necessary.

City Attorney ReviewThe proposed Amendment has been reviewed and approved as to form by the CityAttorney's Office.

STATUS OF FUNDING

This amendment is for time extension only. Funding has been obtained on a task basisand is not expected to change. However, if changes are needed, the BOE will reportback to the Board to obtain approval for task orders exceeding $100,000.

The City's liability under this contract shall only be to the extent of the present Cityappropriation to fund the contract. However, if the City shall appropriate funds for anysucceeding years, the City's liability shall be extended to the extent of suchappropriation, subject to the terms and conditions of the contract.

Report reviewed by: Respectfully submitted,

dL1JJ-J{Gary Lee Moore, P.E.City Engineer

Joint Report No. 1

Page 22

( MK TSA RMK DJW WFB )

BOE (ADM and PAC)

Report prepared by:

Architectural Division

Mahmood Karimzadeh, A.I.A.Principal Architect, Division ManagerPhone No. (213) 485-4282

Compliance Review performedand approved by:

John L Reamer, Jr.Inspector of Public Works

Hannah Choi, Program ManagerOffice of Contract ComplianceBureau of Contract Administration

MKIMN/05-2013-0086.ARC. klc

Questions regarding thisreport may be referred to:Mark Nakata, Senior Management Analyst IPhone No. (213) 485-4385E-mail: [email protected]

AMENDMENT NO.1

to

Contract No. C- 114045

for the

PRE-QUALIFIED ON-CALL ARCHITECTURAL CONSULTANT SERVICES

Between

CITY OF LOS ANGELES

and

BROOKS + SCARPA ARCHITECTS, INC.

AMENDMENT NO.1 TO CONTRACT NO. C-114045, FOR PRE-QUALIFIED ON-CALL ARCHITECTURAL CONSULTANT SERVICES BETWEEN THE CITY OF LOSANGELES AND BROOKS + SCARPA ARCHITECTS, INC.

This Amendment modifies Contract No. C-114045 executed on July 8,2008 between theCity of Los Angeles (hereinafter referred to as "CITY") and BROOKS + SCARPAARCHITECTS, INC., formerly PUGH + SCARPA ARCHITECTS, ]Nc., (hereinafter referredto as "CONSULTANT").

WITNESSETH

WHEREAS, CITY issued a Request for Qualifications (RFQ) on April 16, 2007 forarchitectural and related services, on a pre-qualified basis, on various projects andCONSULTANT submitted a statement of qualifications in response; and

WHEREAS, CONSULTANT demonstrated qualifications to perform said services andwas selected to perform the design services by CITY staff based on the evaluation criteria setforth in the RFQ; and

WHEREAS, on July 8,2008, Contract No. C-114045 was awarded to CONSULTANT,the terms of which will expire on July 8,2013; and

WHEREAS, the CITY and CONSULTANT have agreed to extend the term of theContract by five (5) additional years to July 8,2018 in order to provide as needed architecturaland construction administration services for the completion of current task orders; and

WHEREAS, the CITY'S Department of Public Works, Bureau of Engineering,(hereinafter referred to as "BUREAU"), is the Program Manager and oversees theCONSULTANT'S performance of this Contract; and

ARTICLE 1 SECTION HEADINGS AND CONSTRUCTION OF PROVISIONSAND TITLES HEREIN

NOW, THEREFORE, in consideration of the foregoing and of the benefits which willaccrue to the parties hereto in carrying out the conditions of this Amendment No.1, Contract No.C-114045 is hereby amended as follows:

ARTICLE 2 DEFINITIONS

No Change

No Change

ARTICLE 3 PROJECT DESCRIPTION

No Change

ARTICLE 4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BYTHE CONSULTANT

Article 4 is hereby amended by adding Section 4.6.2 to read as follows:

4.6.2 No new Task Order Solicitations or new Project Task Orders,unrelated to currently assigned Projects, will be issued by theCITY to the CONSULTANT under this CONTRACT after theCITY establishes a successor list of pre-qualified on-call (PQOC)architectural and related professional services consultant contracts.

KEY CONSULTANT PERSONNEL

No Change

RESPONsmILITIES OF AND TASKS TO BE PERFORMED BYCITY

No Change

TERM OF CONTRACT AND TIME OF EFFECTIVENESS

Article 7 is hereby amended in its first paragraph to read as follows:

Unless otherwise provided, the term of this Contract shall begin on thedate of full execution and shall expire on July 8,2018, unless terminatedas provided under Article 8 or extended by amendment to this Contract.

TERMINATION

Article 8 is hereby amended in its entirety to read as follows:

8.1 Termination for Convenience

The CITY may terminate this Contract for the CITY'Sconvenience at any time by giving CONSULTANT thirty dayswritten notice thereof. Upon receipt of said notice,CONSULTANT shall immediately take action not to incur anyadditional obligations, cost or expenses, except as may bereasonably necessary to terminate its activities. The CITY shallpay CONSULTANT its reasonable and allowable costs through theeffective date of termination and those reasonable and necessarycosts incurred by CONSULTANT to affect such termination.Thereafter, CONSULTANT shall have no further claims againstthe CITY under this Contract. All finished and unfinished

documents and materials procured for or produced under thisContract, including all intellectual property rights thereto, shallbecome CITY property upon the date of such termination.CONSULTANT agrees to execute any documents necessary forthe CITY to perfect, memorialize, or record the CITY'S ownershipof rights provided herein.

8.2 Termination for Breach of Contract

8.2.1 Except for excusable delays as provided in Article 20, ifCONSULTANT fails to perform any of the provisions ofthis Contract or so fails to make progress as to endangertimely performance of this Contract, the CITY may giveCONSULTANT written notice of such default. IfCONSULTANT does not cure such default orprovide aplan to cure such default which is acceptable to the CITYwithin the time permitted by the CITY, then the CITY mayterminate this Contract due to CONSULTANT'S breach ofthis Contract.

8.2.2 If a federal or state proceeding for relief of debtors isundertaken by or against CONSULTANT, or ifCONSULTANT makes an assignment for the benefit ofcreditors, then the CITY may immediately terminate thisContract.

8.2.3 If CONSULTANT engages in any dishonest conductrelated to the performance or administration of thisContract or violates the CITY'S lobbying policies, then theCITY may immediately terminate this Contract.

8.2.4 In the event the CITY terminates this Contract as providedin this Section, the CITY may procure, upon such termsand in such manner as the CITY may deem appropriate,services similar in scope and level of effort to those soterminated, and CONSULTANT shall be liable to theCITY for all of its costs and damages, including, but notlimited, any excess costs for such services.

8.2.5 All finished and unfinished documents and materialsproduced or procured under this Contract, including allintellectual property rights thereto, shall become CITYproperty upon date of such termination. CONSULTANTagrees to execute any documents necessary for the CITY toperfect, memorialize, or record the CITY'S ownership ofrights provided herein.

ARTICLE 9

8.2.6 If, after notice of termination ofthis Contract under theprovisions ofthis Section, it is determined for any reasonthat CONSULTANT was not in default under theprovisions ofthis Section, or that the default was excusableunder the terms of this Contract, the rights and obligationsof the parties shall be the same as if the notice oftermination has been issued pursuant to Article 8.1Termination for Convenience.

8.2.7 The rights and remedies of the CITY provided in thisSection shall not be exclusive and are in addition to anyother rights and remedies provided by law or under thisContract.

SUBCONTRACT APPROVAL

Article 9 is hereby amended in its title and first paragraph to read asfollows and to include the following to its list of potential subconsultants:

SUBCONSULTANTAPPROVAL

CONSULTANT shall not use subconsultants to assist in performance ofthis Contract without the prior written approval of the CITY. If the CITYpermits the use of subconsultants, CONSULTANT shall remainresponsible for performing all aspects of this Contract. TheCONSULTANT is required to provide the CITY a list of allsubconsultants including the name and address of the firms, Refer toExhibit K for CONSULTANT and subconsultant information. The CITYhas the right to approve CONSULTANT'S sub consultants and the CITYreserves the right to request replacement of subconsultants. The CITYdoes not have any obligation to pay CONSULTANT'S subconsultants andnothing herein creates any privity between the CITY and thesubconsultants. Wholly-owned subsidiaries of CONSULTANT shall notbe considered subconsultants.

SUBCONSULTANTBuro Rappold Consulting Inc.Englekirk & Sabol Consulting StructuralGausman & MooreGreenwood & AssociatesKaplan Chen KaplanMurashige & Onishi Engineering Co., Inc.Philip EastonVXR Enterprises

ARTICLE 11

ARTICLE 12

ARTICLE 13

ARTICLE 14

ARTICLE 15

COMPENSATION, INVOICING AND PAYMENT

Article lOis hereby amended by adding paragraph to Section 10.6 to readas follows:

For the sake of efficiency, the CONSULTANT may have providedservices prior to the execution of this Amendment. Upon execution of thisAmendment, and to the extent that said services were performed inaccordance with the terms and conditions of the Contract and thisAmendment, those services are hereby ratified and eligible for payment.

AMENDMENTS, CHANGES OR MODIFICATIONS

No Change

INDEMNIFICATION AND INSURANCE

No Change

INDEPENDENT CONTRACTORS

No Change

WARRANTY AND RESPONSIBILITY OF CONSULTANT

No Change

OWNERSHIP OJ.?DATA AND INTELLECTUAL PROPERTY

Article 15 is hereby amended in its title and content to read as follows:

15.1 Ownership of Data and License

15.1.1 Unless otherwise provided for herein, all Work Productsoriginated and prepared by CONSULTANT or itssubconsultants of any tier under this Contract shall be andremain the exclusive property of the CITY for its use in anymanner it deems appropriate. Work Products are all works,tangible or not, created under this Contract including,without limitation, documents, material, data, reports,manuals, specifications, artwork, drawings, sketches,computer programs and databases, schematics,photographs, video and audiovisual recordings, soundrecordings, marks, logos, graphic designs, notes, websites,domain names, inventions, processes, formulas matters andcombinations thereof, and all forms of intellectual property.

CONSULTANT hereby assigns, and agrees to assign, allgoodwill, copyright, trademark, patent, trade secret and allother intellectual property rights worldwide in any WorkProducts originated and prepared by CONSULT ANT underthis Contract. CONSULTANT further agrees to executeany documents necessary for the CITY to perfect,memorialize, or record the CITY'S ownership of rightsprovided herein.

15.1.2 With regard to the basis for design calculations andengineering notes, such data shall be provided to the CITYin (a) hard cover post binder(s), appropriately indexed, onthin Mylar stock or good quality paper satisfactory forreproduction.

15.1.3 For all Work Products delivered to the CITY that are notoriginated or prepared by CONSULTANT or itssubconsultants of any tier under this Contract,CONSULTANT hereby grants a non-exclusive perpetuallicense to use such Work Products for any CITY purposes.

15.1.4 CONSULTANT shall not provide or disclose any WorkProducts to any third party without prior written consent ofthe City.

15.1.5 All documents, information and pre-existing materialsprovided by CITY to CONSULTANT and itssubconsultants arising out of or related to this Contractshall remain the property of the CITY. TheCONSULT ANT may not use, distribute or otherwise makepublic in any manner, either for profit or not for profit, anyof the information, documentation, or proceduresdeveloped for the CITY hereunder without the prior writtenconsent of the CITY. CONSULTANT further agrees toexecute any documents necessary for the CITY to perfect,memorialize, or record the CITY'S ownership of rights.

15.1.6 Any subcontract entered into by CONSULTANT relatingto this Contract, to the extent allowed hereunder, shallinclude a like provision for work to be performed under thisContract to contractually bind or otherwise oblige itssubconsultants performing work under this Contract suchthat the CITY'S ownership and license rights of all WorkProducts are preserved and protected as intended herein.Failure of CONSULTANT to comply with this requirementor to obtain the compliance of its subconsultants with such

obligations shall subject CONSULTANT to the impositionof any and all sanctions allowed by law, including but notlimited to termination of CONSULTANT'S Contract withthe CITY.

15.2 Intellectual Property Warranty

15.2.1 CONSULTANT represents and warrants that itsperformance of all obligations under this Contract does notinfringe in any way, directly or contributorily, upon anythird party's intellectual property rights, including, withoutlimitation, patents, copyrights, trademarks, trade secrets,rights of publicity and proprietary information.

15.3 Intellectual Property Indemnification

15.3.1 CONSULTANT, at its own expense, undertakes and agreesto defend, indemnify, and hold harmless the CITY, and anyof its Boards, officers, agents, employees, assigns, andsuccessors in interest from and against all suits and causesof action, claims, losses, demands and expenses, includingbut not limited to, attorney's fees (both in-house andoutside counsel) and cost of litigation (including all actuallitigation costs incurred by the CITY, including but notlimited to, costs of experts and consultants), damages orliability of any nature whatsoever arising out of theinfringement, actual or alleged, direct or contributory, ofany intellectual property rights, including, withoutlimitation, patent, copyright, trademark, trade secret, rightof publicity and proprietary information right (1) on or inany design, medium, matter, article, process, method,application, equipment, device, instrumentation, software,hardware, or firmware used by CONSULTANT, or itssubconsultants of any tier, in performing the work underthis Contract; or (2) as a result of the CITY'S actual orintended use of any Work Product furnished byCONSULTANT, or its subconsultants of any tier, underthe Agreement. Rights and remedies available to the CITYunder this provision are cumulative of those provided forelsewhere in this Contract and those allowed under the lawsof the United States, the State of California, and the CITY.The provisions of Article 15 shall survive expiration ortermination of this Contract.

15.3.2 In CONSULTANT'S defense of the CITY Defendants,negotiation, compromise, and settlement of any such

ARTICLE 16

infringement action, the Los Angeles City Attorney'sOffice shall retain discretion in and control of the litigation,negotiation, compromise, settlement, and appealstherefrom, as required by the Los Angeles City Charter,particularly Article II, Sections 271,272 and 273 thereof.

15.3.3 Where any Work Product furnished by CONSULTANT (a)becomes the subject of an action, (b) is adjudicated asinfringing a third party's Intellectual Property right, or (c)has its use enjoined or license terminated; CONSULTANTshall, with the CITY'S consent, do one of the followingimmediately. CONSULTANT shall at its expense either:

i) procure for the CITY the right or license to continueusing the Work Product; or

ii) replace the Work Product with a functionallyequivalent, non-infringing product.

Exercise of any of the above-mentioned options shall notcause undue business interruption to the CITY or diminishthe intended benefits and use of the Work Product by theCITY under this Contract.

NONDISCRIMINATION AND AFFIRMATIVE ACTION


NONDISCRIMINATION

Unless otherwise exempt, this Contract is subject to the nondiscriminationprovisions in Sections 10.8 through 10.8.2 of the Los AngelesAdministrative Code, as amended from time to time. The CONSULTANTshall comply with the applicable nondiscrimination and affirmative actionprovisions of the laws of the United States of America, the State ofCalifornia, and the CITY. In performing this Contract, CONSULTANTshall not discriminate in its employment practices against any employee orapplicant for employment because of such person's race, religion, nationalorigin, ancestry, sex, sexual orientation, age, disability, domestic partnerstatus, marital status or medical condition. The CONSULTANT shall alsocomply with all rules, regulations, and policies of the CITY'S Board ofPublic Works, Office of Contract Compliance relating tonondiscrimination and affirmative action, including the filing of all formsrequired by said Office. Any subcontract entered into by CONSULTANT,to the extent allowed hereunder, shall include a like provision for work tobe performed under this Contract.

ARTICLE 17

ARTICLE 18

ARTICLE 19

ARTICLE 20

ARTICLE 21

ARTICLE 22

Failure of CONSULTANT to comply with this requirement or to obtainthe compliance of its subconsultants with such obligations shall subjectCONSULTANT to the imposition of any and all sanctions allowed by law,including but not limited to termination of CONSULTANT'S Contractwith the CITY.

MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISEOUTREACH PROGRAM

No Change

SUCCESSORS AND ASSIGNS

No Change

CONTACT PERSONS - PROPER ADDRESSES - NOTIFICATION

Article 19 is hereby amended in its consultant contract to read as follows:

To Consultant:

From:Contact Person: Gwynne Pugh, Principal

Address: Pugh + Scarpa Architects, Inc.2525 Michigan Avenue, Bldg FlSanta Monica, CA 90404

To:Contact Person: Lawrence Scarpa

Address: Brooks + Scarpra Architects, Inc.4611 W. Slauson Avenue,Los Angeles, CA 90043-2721

EXCUSABLE DELAYS

No Change

SEVERABILITY

No Change

DISPUTES

ARTICLE 23

ARTICLE 24

ARTICLE 25

ARTICLE 26

ARTICLE 27

ARTICLE 28

ARTICLE 29

ARTICLE 30

No Change

ENTIRE CONTRACT

No Change

APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT

No Change

CURRENT LOS ANGELES CITY BUSINESS TAXREGISTRATION CERTIFICATE REQUIRED

No Change

BONDS


All bonds which may be required hereunder shall conform to CITYrequirements established by Charter, ordinance or policy and shall be filedwith the Office of the City Administrative Officer, Risk Management forits review and acceptance in accordance with Sections 11.47 through11.56 of the Los Angeles Administrative Code.

cnn,n SUPPORT ASSIGNMENT ORDERS

No Change

LIVING WAGE ORDINANCE AND SERVICE CONTRACTORWORKER RETENTION ORDINANCE

No Change

AMERICANS WITH DISABILITIES ACT

No Change

EQUAL BENEFITS ORDINANCE


Unless otherwise exempt, this Contract is subject to the provisions of theEqual Benefits Ordinance (EBO), Section 10.8.2.1 of the Los AngelesAdministrative Code, as amended from time to time.

ARTICLE 31

ARTICLE 32

ARTICLE 33

L During the performance of the Contract, CONSULTANT certifiesand represents that CONSULTANT will comply with the BBO.

2. The failure of CONSULTANT to comply with the BBO will bedeemed to be a material breach of this Contract by the CITY.

3. If CONSULTANT fails to comply with the BBO, the CITY maycancel, terminate or suspend the Contract, in whole or in part, andall monies due or to become due under this Contract may beretained by the CITY. The CITY may also pursue any and all otherremedies at law or in equity for any breach.

4. Failure to comply with the EEO may be used as evidence againstCONSULTANT in actions taken pursuant to the provisions of LosAngeles Administrative Code Section 10.40 et seq., ContractorResponsibility Ordinance.

5. If the CITY'S Designated Administrative Agency determines thata CONS ULTANT has set up or used its contracting entity for thepurpose of evading the intent of the BBO, the CITY may terminatethe Contract. Violation of this provision may be used as evidenceagainst CONSULT ANT in actions taken pursuant to the provisionsof Los Angeles Administrative Code Section 10AO et seq.,Contractor Responsibility Ordinance.

CONSULTANT shall post the following statement in conspicuous placesat its place of business available to employees and applicants forernp loyment:

"During the performance of a Contract with the City of Los Angeles, theConsultant will provide equal benefits to its employees with spouses andits employees with domestic partners. Additional information about theCity of Los Angeles' Equal Benefits Ordinance may be obtained from theDepartment of Public Works, Office of Contract Compliance at (213) 847-2632."

WAIVER

No Change

PROHIDITION AGAINST ASSIGNMENT OR DELEGATION

No Change

PERMITS

ARTICLE 34

ARTICLE 35

ARTICLE 36

ARTICLE 37

ARTICLE 38

ARTICLE 39

No Change

CLAIMS FOR LABOR AND MATERIALS

No Change

DISCOUNTS

No Change

CONTRACTOR RESPONSIBILITY ORDINANCE

No Change

BREACH

No Change

SLAVERY DISCLOSURE ORDINANCE

No Change

CONTRACT BIDDER CERTIFICATION OF COMPLIANCEWITH LOBBYING LAWS


BIDDER ETHICS

Pursuant to the Los Angeles Municipal Lobbying Ordinance, any bidderfor a contract shall submit with its proposal a Bidder Certification CECForm 50 (Exhibit J), proscribed by the City Ethics Commission, in whichthe bidder acknowledges and agrees to comply with the disclosurerequirements and prohibitions established in the Ordinance if the bidderqualifies as a lobbying entity under the Ordinance.

As amended, this Contract is also subject to Charter Section 470(c)(12)and related ordinances and as a result, the CONSULT ANT was required tosubmit Bidder Contributions CEC Form 55 (Exhibit J) within tenbusiness days of discussing the amendment. Consequently,CONSULTANT may not make campaign contributions to and or engagein fundraising for certain elected City officials or candidates for electedCity office from the date the amendment is first discussed until 12 monthsafter the amendment is signed. The CONSULTANT'S principals andsubconsultants performing $100,000 or more in work on the contract, as

well as the principals of those subconsultants, are also subject to the samelimitations on campaign contributions and fundraising.

CONSULTANT must also notify their principals and subconsultants inwriting of the restrictions and include the notice in contracts withsubconsultants. Consultants who fail to comply with City law may besubject to penalties, termination of contract, and debarment. Additionalinformation regarding these restrictions and requirements maybe obtainedfrom the City Ethics Commission at (213) 978-1960.

The Contract is hereby amended to include the following Articles:

ARTICLE 40 AFFIRMATIVE ACTION

Unless otherwise exempt, this Contract is subject to the affirmative actionprogram provisions in Section 10.8.4 of the Los Angeles AdministrativeCode, as amended from time to time.

A. During the performance of a CITY contract, CONSULTANTcertifies and represents that CONSULTANT and eachsubconsultant hereunder will adhere to an affirmative actionprogram to ensure that in its employment practices, persons areemployed and employees are treated equally and without regard toor because of race, religion, ancestry, national origin, sex, sexualorientation, age, disability, marital status or medical condition.

1. This provision applies to work or services performed ormaterials manufactured or assembled in the United States.

2. Nothing in this Section shall require or prohibit theestablislunent of new classifications of employees in anygiven craft, work or service category.

3. CONSULTANT shall post a copy of Paragraph A hereof inconspicuous places at its place of business available toemployees and applicants for employment.

B. CONSULTANT will, in all solicitations or advertisements foremployees placed by or on behalf of CONSULTANT, state that allqualified applicants will receive consideration for employmentwithout regard to their race, religion, ancestry, national origin, sex,sexual orientation, age, disability, marital status or medicalcondition.

C. As part ofthe CITY'S supplier registration process, andlor at therequest of the awarding authority or the Office of Contract

Compliance, CONSULT ANT shall certify on an electronic or hardcopy form to be supplied, that CONSULTANT has notdiscriminated in the performance of CITY contracts against anyemployee or applicant for employment on the basis or because ofrace, religion, ancestry, national origin, sex, sexual orientation,age, disability, marital status or medical condition.

D. CONSULTANT shall permit access to and may be required toprovide certified copies of all of its records pertaining toemployment and to its employment practices by the awardingauthority or the Office of Contract Compliance, for the purpose ofinvestigation to ascertain compliance with the Affirmative ActionProgram provisions of CITY contracts, and on their or either oftheir request to provide evidence that it has or will complytherewith.

E. The failure of any CONSULTANT to comply with the AffirmativeAction Program provisions of CITY contracts may be deemed tobe a material breach of contract. Such failure shall only beestablished upon a finding to that effect by the awarding authority,on the basis of its own investigation or that of the Board of PublicWorks, Office of Contract Compliance. No such finding shall bemade except upon a full and fair hearing after notice and anopportunity to be heard has been given to CONSULTANT.

F. Upon a fmding duly made that CONSULTANT has breached theAffirmative Action Program provisions of a CITY contract, theContract may be forthwith cancelled, terminated or suspended, inwhole or in part, by the awarding authority, and all monies due orto become due hereunder may be forwarded to and retained by theCITY. In addition thereto, such breach may be the basis for adetermination by the awarding authority or the Board of PublicWorks that the said CONSULTANT is an irresponsible bidderorproposer pursuant to the provisions of Section 371 of the LosAngeles City Charter. In the event of such determination, suchCONSULTANT shall be disqualified from being awarded acontract with the CITY for a period of two years, or until he or sheshall establish and carry out a program in conformance with theprovisions hereof.

G. In the event of a fmding by the Fair Employment and HousingCommission of the State of California, or the Board of PublicWorks of the City of Los Angeles, or any court of competentjurisdiction, that CONSULTANT has been guilty of a willfulviolation of the California Fair Employment and Housing Act, orthe Affirmative Action Program provisions of a CITY contract,

there may be deducted from the amount payable toCONSULTANT by the CITY under the' Contract, a penalty oftendollars ($10.00) for each person for each calendar day on whichsuch person was discriminated against in violation of theprovisions of a CITY contract.

H. Notwithstanding any other provisions of a CITY contract, theCITY shall have any and all other remedies at law or in equity forany breach hereof.

1. Intentionally blank.

J. Nothing contained in CITY contracts shall be construed in anymanner so as to require or permit any act which is prohibited bylaw.

K. CONSULTANT shall submit an Affirmative Action Plan whichshall meet the requirements of this chapter at the time it submits itsbid or proposal or at the time it registers to do business with theCITY. The plan shall be subject to approval by the Office ofContract Compliance prior to award ofthe Contract. The awardingauthority may also require consultants and suppliers to take part ina pre-registration, pre-bid, pre-proposal, or pre-award conferencein order to develop, improve or implement a qualifyingAffirmative Action Plan. Affirmative Action Programs developedpursuant to this Section shall be effective for a period of twelvemonths from the date of approval by the Office of ContractCompliance. In case of prior submission of a plan,CONSULTANT may submit documentation that it has anAffirmative Action Plan approved by the Office of ContractCompliance within the previous twelve months. If the approval is30 days or less from expiration, CONSULTANT must submit anew Plan to the Office of Contract Compliance and that Plan mustbe approved before the Contract is awarded.

1. Every contract of $5,000 or more which may provideconstruction. demolition, renovation, conservation or majormaintenance of any kind shall in addition comply with therequirements of Section 10.13 of the Los AngelesAdministrative Code.

2. CONSULTANT may establish and adopt as its ownAffirmative Action Plan, by affixing his or her signaturethereto, an Affirmative Action Plan prepared and furnishedby the Office of Contract Compliance, or it may prepareand submit its own Plan for approval.

L. The Office of Contract Compliance shall annually supply theawarding authorities of the CITY with a list of consultants andsuppliers who have developed Affirmative Action Programs. Foreach consultant and supplier, the Office of Contract Complianceshall state the date the approval expires. The Office of ContractCompliance shall not withdraw its approval for any AffirmativeAction Plan or change the Affirmative Action Plan after the date ofcontract award for the entire contract term without the mutualagreement of the awarding authority and CONSULTANT.

M. The Affirmative Action Plan required to be submitted hereunderand the pre-registration, pre-bid, pre-proposal or pre-awardconference which may be required by the Board of Public Works,Office of Contract Compliance or the awarding authority shall,without limitation as to the subject or nature of employmentactivity, be concerned with such employment practices as:

1. Apprenticeship where approved programs are functioning,and other on-the-job training for non-apprenticeableoccupations;

2. Classroom preparation for the job when not apprenticeable;

3. Pre-apprenticeship education and preparation;

4. Upgrading training and opportunities;

5. Encouraging the use of consultants, subconsultants andsuppliers of all racial and ethnic groups, provided,however, that any contract subject to this ordinance shallrequire the CONSULTANT, sub consultant or supplier toprovide not less than the prevailing wage, workingconditions and practices generally observed in privateindustries in the consultant's, subconsultant's, or supplier'sgeographical area for such work;

6. The entry of qualified women, minority and all otherjourneymen into the industry; and

7. The provision of needed supplies or job conditions topermit persons with disabilities to be employed, andminimize the impact of any disability.

N. Any adjustments which may be made in the CONSULTANT'S orsupplier's work force to achieve the requirements of the CITY'S

ARTICLE 41

ARTICLE 42

Affirmative Action .Contract Compliance Program in purchasingand construction shall be accomplished by either an increase in thesize of the work force or replacement of those employees wholeave the work force by reason of resignation, retirement or deathand not by termination, layoff, demotion or change in grade.

O. Affirmative Action Agreements resulting from the proposedAffirmative Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not be confidential andmay be publicized by the CONSULTANT at his or her discretion.Approved Affirmative Action Agreements become the property ofthe CITY and may be used at the discretion of the CITY in itsContract Compliance Affirmative Action Program.

P. Intentionally blank.

Q. All consultants subject to the provisions of this Section shallinclude a like provision in all subcontracts awarded for work to beperformed under the Contract with the CITY and shall impose thesame obligations, including but not limited to filing and reportingobligations, on the subconsuItants as are applicable to theCONSULTANT. Failure of the CONSULTANT to comply withthis requirement or to obtain the compliance of its subconsultantswith all such obligations shall subject the CONSULTANT to theimposition of any and all sanctions allowed by law, including butnot limited to termination of the CONSULTANT'S Contract withthe CITY.

FALSE CLAJMS ACT

CONSULTANT acknowledges that it is aware of liabilities resulting fromsubmitting a false claim for payment by the CITY under the False ClaimsAct (Cal. Gov. Code §§ 12650 et seq.), including treble damages, costs oflegal actions to recover payments, and civil penalties of up to $10,000 perfalse claim.

EQUAL EMPLOYMENT PRACTICES

·Unless otherwise exempt, this Contract is subject to the equal employmentpractices provisions in Section 10.8.3 of the Los Angeles AdministrativeCode, as amended from time to time.

A. During the performance of this Contract, CONSULTANT agreesand represents that it will provide equal employment practices andCONSULTANT and each sub consultant hereunder will ensure thatin his or her employment practices, persons are employed and

1. This provision applies to work or service performed ormaterials manufactured or assembled in the United States.

employees are treated equally and without regard to or because ofrace, religion, ancestry, national origin, sex, sexual orientation,age, disability, marital status or medical condition.

3. CONSULTANT agrees to post a copy of Paragraph Ahereof in conspicuous places at its place of businessavailable to employees and applicants for employment.

2. Nothing in this Section shall require or prohibit theestablishment of new classifications of employees in anygiven craft, work or service category.

B. CONSULTANT will, in all solicitations or advertisements foremployees placed by or on behalf of CONSULTANT, state that allqualified applicants will receive consideration for employmentwithout regard to their race, religion, ancestry, national origin, sex,sexual orientation, age, disability, marital status or medicalcondition.

C. As part of the CITY'S supplier registration process, and/or at therequest of the awarding authority, or the Board of Public Works,Office of Contract Compliance, CONSULTANT shall certify inthe specified format that he or she has not discriminated in theperformance of CITY contracts against any employee or applicantfor employment on the basis or because ofrace, religion, nationalorigin, ancestry, sex, sexual orientation, age, disability, maritalstatus or medical condition.

D. CONSULTANT shall permit access to and may be required toprovide certified copies of all of his or her records pertaining toemployment and to employment practices by the awardingauthority or the Office of Contract Compliance for the purpose ofinvestigation to ascertain compliance with the Equal EmploymentPractices provisions of CITY contracts. On their or either of theirrequest CONSULTANT shall provide evidence that he or she hasor will comply therewith.

E. The failure of any CONSULTANT to comply with the EqualEmployment Practices provisions of this Contract may be deemedto be.a material breach of CITY contracts. Such failure shall onlybe established upon a finding to that effect by the awardingauthority, on the basis of its own investigation or that of the Boardof Public Works, Office of Contract Compliance. No such finding

shall be made or penalties assessed except upon a full and fairhearing after notice, and an opportunity to be heard has been givento CONSULTANT.

F. Upon a finding du1y made that CONSULTANT has failed tocomply with the Equal Employment Practices provisions of aCITY contract, the Contract may be forthwith cancelled,terminated or suspended, in whole or in part, by the awardingauthority, and all monies due or to become due hereunder may beforwarded to and retained by the CITY. Inaddition thereto, suchfailure to comply may be the basis for a determination by theawarding authority or the Board of Public Works that theCONSULTANT is an irresponsible bidder or proposer pursuant tothe provisions of Section 371 of the Charter of the City of LosAngeles. In the event of such a determination, CONSULTANTshall be disqualified from being awarded a contract with the CITYfor a period of two years, or until CONSULTANT shall establishand carry out a program in conformance with the provisionshereof.

G. Notwithstanding any other provision of this Contract, the CITYshall have any and all other remedies at law or in equity for anybreach hereof.

H. Intentionally blank.

L Nothing contained in this Contract shall be construed in anymanner so as to require or permit any act which is prohibited bylaw.

J. At the time a supplier registers to do business with the CITY, orwhen an individual bid or proposal is submitted, CONSULTANTshall agree to adhere to the Equal Employment Practices specifiedherein during the performance or conduct of CITY Contracts.

K. Equal Employment Practices shall, without limitation as to thesubject or nature of employment activity, be concerned with suchemployment practices as:

1. Hiring practices;

2. Apprenticeships where such approved programs arefunctioning, and other on-the-job training for non-apprenticeab le occupations;

3. Training and promotional opportunities; and

ARTICLE 43

4. Reasonable accommodations for persons with disabilities.

L. Any subcontract entered into by CONSULTANT, to the extentallowed hereunder, shall include a like provision for work to beperformed under this Contract. Failure of CONSULTANT tocomply with this requirement or to obtain the compliance of itssubconsultants with all such obligations shall subjectCONSULTANT to the imposition of any and all sanctions allowedby law, including but not limited to termination of theCONSULTANT'S Contract with the CITY.

FIRST SOURCE HIRING ORDINANCE

Unless otherwise exempt in accordance with the provisions of thisOrdinance, this contract is subject to the applicable provisions of the FirstSource Hiring Ordinance (FSHO), Section 10.44 et seq. of the LosAngeles Administrative Code, as amended from time to time.

1. CONSULTANT shall, prior to the execution of the contract,provide to the Designated Administrative Agency (DAA) a list ofanticipated employment opportunities that CONSULTANTestimate they will need to fill in order to perform the servicesunder the Contract.

2. CONSULTANT further pledges that it will, during the term of theContract, shall a) At least seven business days prior to making anannouncement of a specific employment opportunity, providenotifications of that employment opportunity to the CommunityDevelopment Department (CDD), which will refer individuals forinterview; b) Interview qualified individuals referred by CDD; andc) Prior to filling any employment opportunity, theCONSULTANT shall inform the DAA of the names of theReferral Resources used, the names ofthe individuals theyreferred, the names of the referred individuals who theCONSULTANT interviewed and the reasons why referredindividuals were not hired.

3. Any Subcontract entered into by the CONSULTANT relating tothis Agreement, to the extent allowed hereunder, shall be subject tothe provisions ofFSHO, and shall incorporate the FSHO.

4. CONSULTANT shall comply with all rules, regulations andpolicies 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 AngelesAdministrative Code the designated administrative agency has determinedthat the CONSULTANT intentionally violated or used hiring practices forthe purpose of avoiding the article, the determination must be documentedin the Awarding Authority's Contractor Evaluation, required under LosAngeles Administrative Code Sectionl 0.39 et seq., and must bedocumented in each of the Contractor's subsequentContractor Responsibility Questionnaires submitted under Los AngelesAdministrative Code Section 10.40 et seq. This measure does not limit theCity's authority to act under this article.

Under the provisions of Section 10.44.8 of the Los AngelesAdministrative Code, the Awarding Authority shall, under appropriatecircumstances, terminate this contract and otherwise pursue legal remediesthat may be available if the designated administrative agency determines.that the subject CONSULTANT has violated provisions of the FSHO.

EXCEPT AS EXPRESSLY MODIFIED herein, the Contract executed on July 8, 2008 remainsunchanged.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 on the dayand year written below.

BROOKS + SCARPA ARCHITECTS, INC.

By:

Title:Date:

CITY OF LOS ANGELES

By:

Title: President, Board of Public WorksDate:

By:

Date:

ATTEST:JUNE LAGMA Y, City Clerk

By:Date:

APPROVED AS TO FORM:MIKE FEUER, City Attorney

By:Title: Assistant City AttorneyDate:

AFTERTHISPAGEFORCAOFILEONLY

Documents

0150-08578-0001 TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2013/13-1043_rpt_cao_8-14-13.pdfIn accordance with Executive Directive No.3, the Board of Public Works (Board),