BID PROPOSAL
In and for the
City of Los Angeles, California Department of Public Works Bureau of Engineering
Vision Zero - Phase 2D
W. O. No. E1908593 Vision Zero - Phase 2D, W.O. E1908593
BID PROPOSAL
TABLE OF CONTENTS
PAGE Table of Contents…………………………………..……………..………… 2 pages Important Notice……………………………………………………………. 4 pages
PART I
Bid Proposal ………………………………………………………………… 1-1 Schedule of Work and Prices……………………………………………… 1-2a thru 1-2c Responsibility Questionnaire……………………………………………… 1-3a thru 1-3k Bidder Certification Form 50………………………………..……………… 1-3l and 1-3m Signature Sheet and Affidavit…………………………………………… 1-4 Bid Bond……………………………………………………………………… 1-5 List of Subcontractors………………………………………………………. 1-6 and 1-7 Vendor and/or Supplier and Broker Participation Recognition………… 1-8 Certification of Compliance with Child Support Obligations…………… 1-9 Equal Benefits Ordinance/First Source Hiring Ordinance …………… 1-10 Iran Contracting Act of 2010 Compliance Affidavit……………….…… 1-11a Thru 1-11c
PART II
City of Los Angeles Non-Discrimination, Equal Employment Practices, Affirmative Action Requirements for Construction Contractors………… 2-1 and 2-2
PART III
Board of Public Works Business Inclusion Program (BIP) Outreach… 3-1 thru 3-21
PART IV
General Instructions and Information for Bidders……..………….…… 4-1 thru 4-8 Senate Bill 854…………………………………………………………… 1 page Required Insurance and Minimum Limits………………………….…… 1 page Stipulated Unit Prices (2017)………………………………….…………… 9 pages Department of Water & Power Standard Drawing……………………… 6 pages Holiday Season Excavation Restrictions………………………………… 10 pages
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PART IV (Cont.)
Board of Public Works Mandatory Subcontracting Minimum………… 2 pages Board of Public Works “Zero Sanitary Sewer Overflows” Policy…….… 3 pages City of Los Angeles Labor Compliance Manual………………………… 13 pages Important Notice Section…………………………………………………… 1 page Equal Benefits Ordinance………………………………………………… 4 pages Municipal Lobbying Ordinance……………………………………..……… 24 pages Disclosure Ordinances Affidavit…………………………………….…… 1 page Local Business Preference Program……………………………………… 6 pages
Construction & Demolition Waste Recycling Ordinance Compliance Packet (supersedes General Conditions, Article 00221 and General Requirements, Section 01572) …………………………………………… 32 pages Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance…………………………………………………….. 1 page Contractor Evaluation Program…………….. …………………….……… 1 page
ATTACHMENTS
1. Plan Drawings, Index No. D-35243 & D-35244 (155 sheets) 2. Specifications a. Special Provisions
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IMPORTANT NOTICE
A. BIDDER’S SUBMITTALS
Part I - Must be properly completed and submitted to the Board of Public Works no later than the time and date designated on Page 1-1 of the Proposal at Los Angeles City Hall, 200 N. Spring Street, Room 355, Los Angeles, California 90012, Attention: Contract Section.
Changes have been made to the documentation and submittal procedures for the Equal Benefits Ordinance. Refer to the Ordinance in the Table of Contents for additional information.
Part II - Bidders are required to complete and upload the Non-Discrimination/Equal Employment Practices Certification and Affirmative Action Plan Affidavit on the City’s Business Assistance Virtual Network (BAVN) at the time of registration on BAVN, but no later than the bid date designated on Page 1-1 of the Proposal. However, Bidders with current OCC approval for their Non-Discrimination/Equal Employment Practices Certification and Affirmative Action Plan Affidavit do not need to re-submit unless the approval is 30 days or less from expiration. In lieu of the Los Angeles City Affirmative Action Plan, the bidder may submit its own Affirmative Action Plan by uploading it onto the City’s BAVN. A bidder’s compliance with the aforementioned Non-Discrimination/Equal Employment Practices and Affirmative Action filing requirements will be a factor in determining the responsiveness of their bid/proposal.
The Non-Discrimination/Equal Employment Practices Certification and the City of Los Angeles Affirmative Action Plan Affidavit shall be effective for a period of twelve months from the date it was approved by the Office of Contract Compliance (OCC) or when it was uploaded onto the City’s BAVN.
Note that significant changes have been made to the documentation and submittal procedures for the Non-Discrimination/Equal Employment Practices and Affirmative Action Plan. Refer to the appropriate Ordinances in the Table of Contents for the instructions and forms. For questions regarding the documents and/or submission procedures, call (213) 847-2625. For technical questions regarding BAVN, use the support link located at the bottom of the web page.
Part III - Submission of the Business Inclusion Program (BIP) Outreach Documentation is mandatory. All bidders must perform their BIP Outreach Documentation on the City’s Business Assistance Virtual Network (BAVN) as described in Part III of the Bid Proposal. All bidders must submit this documentation on the City’s BAVN. All BIP outreach documentation including the summary sheet must be submitted on the BAVN’s BIP Outreach Reports System and must be submitted by 4:30 p.m. of the following City working day from the date bids are received by the Board of Public Works.
NOTE: THE BIDDER’S FAILURE TO PASS THE BIP OUTREACH DOCUMENTATION PROCESS WILL RENDER THE BID NON- RESPONSIVE.
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B. PRE-BID MEETING - BUSINESS INCLUSION PROGRAM (BIP) OUTREACH (See Part III of the Proposal)
A pre-bid meeting has been scheduled for November 12, 2019 at 10:00 a.m. at 1149 S. Broadway, First Floor Conference Room No. 150, Los Angeles, CA 90015.
The City highly recommends all bidders to attend the pre-bid meeting. The purposes of this meeting are to inform prospective bidders of the scope of work, discuss the submittal requirements, answer any related technical and non-technical questions, explain the provisions relative to the utilization of MBEs, WBEs, OBEs, Small Business Enterprises (SBE), Emerging Business Enterprises (EBE), and Disabled Veteran Business Enterprises (DVBE) and describe how to submit the BIP Outreach Documentation using the City’s BAVN and explain how to obtain a complete set of bid documents, including all addenda, for this project through the City’s BAVN.
The Board of Public Works anticipated level of MBE participation is 4%, WBE participation is 2%, SBE participation is 25%, EBE participation is 8%, and DVBE participation is 3% (See Part III of the Proposal).
C. BIDDER INFORMATION AND ASSISTANCE
Requests for clarification of conflicts and omissions from the contract documents shall be addressed in writing to: Adam Driscoll DOT – Vision Zero 100 S. Main St. Los Angeles, CA 90012 E-MAIL: [email protected]
The deadline for receipt of written technical questions is November 20, 2019.
D. MANDATORY SUBCONTRACTING MINIMUM (MSM) REQUIREMENT (See Part IV of the Proposal)
To be eligible for award of this project, the Board of Public Works requires the bidder to subcontract a minimum of 25% of the Total Bid Amount (excluding the Fixed Cost Items designated in the Schedule of Work and Prices) to any qualified, available subcontractor. FAILURE BY THE BIDDER TO SUBCONTRACT THE MINIMUM PERCENTAGE SPECIFIED HEREIN MAY RESULT IN THE BOARD OF PUBLIC WORKS DECLARING THE BID NON-RESPONSIVE.
E. CONTRACTOR PARTICIPATION
The Prime Contractor shall perform, with its own organization, contract work amounting to at least 50% of the contract price. Any items designated as specialty items by the City and performed by Subcontractors shall be deducted from the contract price before computing the amount of the work required to be performed by the Prime Contractor with its own forces. This percentage shall be based upon the original contract price, exclusive of specialty items performed by Subcontractors, but include the cost of materials and manufactured products purchased or produced by the Prime Contractor.
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F. CONTRACTOR’S LICENSE CLASSIFICATION REQUIRED TO BID
At the time of bid, the contractor must possess a valid State of California Contractor's License Classification of "A" or a combination of “C” licenses.
G. CALIFORNIA STATE SENATE BILL 854:
I. Contractors are advised of the following changes made by California State Senate Bill 854 to the State of California Department of Industrial Relations:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
3. DIR maintains a current list of registered contractors. https://efiling.dir.ca.gov/PWCR/Search.action
II. Please see the one-page section, “Senate Bill 854” in Part IV of the Bid Proposal for more information about Senate Bill 854.
H. PLANHOLDERS LIST
The Planholders List is available 24 hours a day and can be obtained via the Bureau of Engineering’s web site at http://eng.lacity.org. Click on Contractors tab; and then click on PLANHOLDERS LIST link.
I. LOCAL BUSINESS PREFERENCE PROGRAM
This project is subject to the provisions of the City’s Local Business Preference Program. The Local Business Preference Program, which was recently passed by Ordinance No. 181910, provides an 8% bid preference to qualified local businesses. For your reference, a copy of the Local Business Preference Program is provided in Part IV of the bid proposal. Any contractor or subcontractor meeting the “local business” criteria as defined in the Ordinance should self-certify by completing and uploading the Local Business Certification Affidavit of Eligibility under the Certifications tab in BAVN, as soon as possible, in order to qualify for a bid preference. Knowingly and willfully providing false information on the Affidavit of Eligibility is a violation of City Ordinance No. 181910 and could subject the contractor to fines, contract termination, or debarment from transacting business with the City.
J. IRAN CONTRACTING ACT OF 2010
In accordance with California Public Contract Code Sections 2200-2208, all bidders submitting proposals for entering into or renewing contracts with the City of Los
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Angeles for goods and services estimated at $1,000,000 or more are required to complete, sign and submit the “Iran Contracting Act of 2010 Compliance Affidavit.”
THE DOCUMENTS CONTAINED HEREIN HAVE BEEN APPROVED BY:
______Edick Ohanian, P.E. Division Engineer Project Award and Control Division Bureau of Engineering
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BID PROPOSAL
PART I
Print and submit with your bid Part I single-sided only except for the “Equal Benefits Ordinance Affadavit” which will be submitted on BAVN. Vision Zero - Phase 2D, W.O. E1908593 BID PROPOSAL PART I OF IV
Vision Zero - Phase 2D W.O. E1908593
In and for the City of Los Angeles California TYPE OF CONTRACT CASH
PROPOSAL ATTACHMENTS Plan Drawings: Index No. D-35243 (102 sheets) & D-35244 (53 Sheets)
SPECIFICATIONS Special Provisions, Standard Specifications for Public Works Construction (Greenbook) 2012 and 2014 Edition as amended by the City's Brown Book, August 9, 2017 Edition.
PROJECT LOCATION 2010 Thomas Guide:
COMPLETION TIME 240 Working Days LIQUIDATED DAMAGES $3,000 per Calendar Day
BID DATE Bids must be received no later than 10:00 a.m. on December 11, 2019 at Los Angeles City Hall, 200 North Spring Street, Room 355; Los Angeles, California 90012. Call the Board Office at (213) 978-0262 if you have difficulties gaining access to City Hall. Firm Name:
Address:
Telephone Number: ( ) Fax Number: ( )
Email Address:
Contractor's License Number: Classification: Expiration Date:
Business Tax Registration Certificate (BTRC) No.:
1-1 Rev. 9/20/2017 Vision Zero - Phase 2D, W.O. E1908593 SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering VISION ZERO - PHASE 2D W.O. E1908593 ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM TOTAL PLAN INDEX No. D-35243, D-35244 TRAFFIC
1 4TH AVE, 5TH AVE & FLORENCE AVE (TRAFFIC SIGNALS) LS 2 4TH AVE, 5TH AVE & FLORENCE AVE (STREET LIGHTING) LS 3 4TH AVE, 5TH AVE & FLORENCE AVE (CURB RAMP WORK) LS 4 6TH ST & GRAND VIEW ST (TRAFFIC SIGNALS) LS 5 6TH ST & GRAND VIEW ST (CURB RAMP WORK) LS 6 28TH ST & CENTRAL AVE (TRAFFIC SIGNALS) LS 7 28TH ST & CENTRAL AVE (STREET LIGHTING) LS 8 28TH ST & CENTRAL AVE (CURB RAMP WORK) LS 9 38TH PL & WESTERN AVE (TRAFFIC SIGNALS) LS 10 38TH PL & WESTERN AVE (STREET LIGHTING) LS 11 39TH PL & WESTERN AVE (TRAFFIC SIGNALS) LS 12 39TH PL & WESTERN AVE (STREET LIGHTING) LS 13 88TH ST & WESTERN AVE (TRAFFIC SIGNALS) LS 14 88TH ST & WESTERN AVE (STREET LIGHTING) LS 15 88TH ST & WESTERN AVE (CURB RAMP WORK) LS 16 BERRY DR & VENTURA BLVD (TRAFFIC SIGNALS) LS 17 BERRY DR & VENTURA BLVD (STREET LIGHTING) LS 18 BERRY DR & VENTURA BLVD (CURB RAMP WORK) LS 19 CUMMINGS ST & MARENGO ST (TRAFFIC SIGNALS) LS 20 CUMMINGS ST & MARENGO ST (INTERCONNECT) LS 21 CUMMINGS ST & MARENGO ST (STREET LIGHTING) LS 22 CUMMINGS ST & MARENGO ST (CURB RAMP WORK) LS 23 FLORENCE AVE & RAYMOND AVE (TRAFFIC SIGNALS) LS 24 FLORENCE AVE & RAYMOND AVE (STREET LIGHTING) LS 25 FLORENCE AVE & RAYMOND AVE (CURB RAMP WORK) LS
26 ADAMS BLVD & CRENSHAW BLVD (TRAFFIC SIGNALS) LS 27 ADAMS BLVD & CRENSHAW BLVD (STREET LIGHTING) LS 28 ADAMS BLVD & NORMANDIE AVE (TRAFFIC SIGNALS) LS 29 ADAMS BLVD & NORMANDIE AVE (STREET LIGHTING) LS 30 ADAMS BLVD. & VERMONT AVE. (TRAFFIC SIGNALS) LS 31 ADAMS BLVD. & VERMONT AVE. (STREET LIGHTING) LS 32 BEVERWIL DR & PICO BLVD (TRAFFIC SIGNALS) LS 33 BEVERWIL DR & PICO BLVD (STREET LIGHTING) LS 34 BROADWAY & FLORENCE AVE. (TRAFFIC SIGNALS) LS 35 BROADWAY & FLORENCE AVE. (STREET LIGHTING) LS
1-2a Vision Zero - Phase 2D, W.O. E1908593 SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering VISION ZERO - PHASE 2D W.O. E1908593 ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM TOTAL PLAN INDEX No. D-35243, D-35244 TRAFFIC 36 CENTURY BLVD & FIGUEROA ST (TRAFFIC SIGNALS) LS 37 CHASE ST. & WOODMAN AVE. (TRAFFIC SIGNALS) LS 38 CHASE ST. & WOODMAN AVE. (STREET LIGHTING) LS 39 CLARINGTON AVE & VENICE BLVD (TRAFFIC SIGNALS) LS 40 CLARINGTON AVE & VENICE BLVD (STREET LIGHTING) LS 41 CRENSHAW BLVD. & JEFFERSON BLVD. (TRAFFIC SIGNALS) LS 42 CRENSHAW BLVD. & JEFFERSON BLVD. (STREET LIGHTING) LS 43 CULVER BLVD & INGLEWOOD BLVD (TRAFFIC SIGNALS) LS 44 CULVER BLVD & INGLEWOOD BLVD (STREET LIGHTING) LS 45 FIGUEROA ST. & VERNON AVE. (TRAFFIC SIGNALS) LS 46 FIGUEROA ST. & VERNON AVE. (STREET LIGHTING) LS 47 FLORENCE AVE & WESTERN AVE (TRAFFIC SIGNALS) LS 48 FOOTHILL BLVD & TUJUNGA CANYON BLVD (TRAFFIC SIGNALS) LS 49 FOOTHILL BLVD & TUJUNGA CANYON BLVD (STRIPING PLAN) LS 50 JEFFERSON BLVD. & NORMANDIE AVE. (TRAFFIC SIGNALS) LS 51 JEFFERSON BLVD. & NORMANDIE AVE. (STREET LIGHTING) LS 52 MOORPARK ST & VINELAND AVE (TRAFFIC SIGNALS) LS 53 MOORPARK ST & VINELAND AVE (STREET LIGHTING) LS 54 NORMANDIE AVE. & WASHINGTON BLVD. (TRAFFIC SIGNALS) LS 55 NORMANDIE AVE. & WASHINGTON BLVD. (STREET LIGHTING) LS 56 OLYMPIC BLVD. & WESTWOOD BLVD. (TRAFFIC SIGNALS) LS 57 OLYMPIC BLVD. & WESTWOOD BLVD. (STREET LIGHTING) LS 58 PICO BLVD & VERMONT AVE (TRAFFIC SIGNALS) LS 59 PICO BLVD & VERMONT AVE (STREET LIGHTING) LS 60 RAMPART BLVD & WILSHIRE BLVD (TRAFFIC SIGNALS) LS
61 RINALDI ST, SAN DIEGO FWY NB ON-RAMP & SEPULVEDA BLVD (TRAFFIC SIGNALS) LS
62 RINALDI ST, SAN DIEGO FWY NB ON-RAMP & SEPULVEDA BLVD (STREET LIGHTING) LS 63 VICTORY BL & WOODLEY AVE (TRAFFIC SIGNALS) LS 64 VICTORY BL & WOODLEY AVE (STREET LIGHTING) LS 65 FLORENCE AVE & HOOVER ST (TRAFFIC SIGNALS) LS 66 FLORENCE AVE & HOOVER ST (STREET LIGHTING) LS
67 ABBOT KINNEY BLVD & BROOKS AVE & MAIN ST. (TRAFFIC SIGNALS) LS 68 ABBOT KINNEY BLVD & VENICE BLVD (TRAFFIC SIGNALS) LS 69 ABBOT KINNEY BLVD & VENICE BLVD (STREET LIGHTING) LS 70 ABBOT KINNEY BLVD & WASHINGTON BLVD (TRAFFIC SIGNALS) LS
1-2b Vision Zero - Phase 2D, W.O. E1908593 SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering VISION ZERO - PHASE 2D W.O. E1908593 ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM TOTAL PLAN INDEX No. D-35243, D-35244 TRAFFIC 71 ABBOT KINNEY BLVD & WASHINGTON BLVD (STREET LIGHTING) LS 72 BARRINGTON AVE & GATEWAY BLVD (TRAFFIC SIGNALS) LS 73 BARRINGTON AVE & GATEWAY BLVD (STREET LIGHTING) LS 74 BARRINGTON AVE & PICO BLVD (TRAFFIC SIGNALS) LS 75 BARRINGTON AVE & PICO BLVD (STREET LIGHTING) LS 76 BEETHOVEN ST. & JEFFERSON BLVD (TRAFFIC SIGNALS) LS 77 BEETHOVEN ST. & JEFFERSON BLVD (STREET LIGHTING) LS 78 CENTINELA AVE & OLYMPIC BLVD (EAST) (TRAFFIC SIGNALS) LS 79 CENTINELA AVE & OLYMPIC BLVD (EAST) (STREET LIGHTING) LS 80 CENTINELA AVE & SHORT AVE (TRAFFIC SIGNALS) LS 81 CENTINELA AVE & SHORT AVE (STREET LIGHTING) LS 82 GILMORE ST & WINNETKA AVE (TRAFFIC SIGNALS) LS 83 GILMORE ST & WINNETKA AVE (STREET LIGHTING) LS 84 GLENCOE AVE & MINDANAO WAY (TRAFFIC SIGNALS) LS 85 GLENCOE AVE & MINDANAO WAY (STREET LIGHTING) LS 86 GROSVENOR BLVD & JEFFERSON BLVD (TRAFFIC SIGNALS) LS 87 GROSVENOR BLVD & JEFFERSON BLVD (STREET LIGHTING) LS 88 GULANA AVE & MANCHESTER AVE (TRAFFIC SIGNALS) LS 89 GULANA AVE & MANCHESTER AVE (STREET LIGHTING) LS 90 INGLEWOOD BLVD & WASHINGTON PL (TRAFFIC SIGNALS) LS 91 INGLEWOOD BLVD & WASHINGTON PL (STREET LIGHTING) LS 92 LA TIJERA BLVD & THORNBURN ST (TRAFFIC SIGNALS) LS 93 LA TIJERA BLVD & THORNBURN ST (STREET LIGHTING) LS 94 MCLAUGHLIN AVE & PALMS BLVD (TRAFFIC SIGNALS) LS 95 MCLAUGHLIN AVE & PALMS BLVD (STREET LIGHTING) LS 96 PACFIC AVE & ROSE AVE (TRAFFIC SIGNALS) LS 97 SHELL AVE & VENICE BLVD (TRAFFIC SIGNALS) LS 98 SHELL AVE & VENICE BLVD (STREET LIGHTING) LS 99 VENICE BLVD & WADE ST (TRAFFIC SIGNALS) LS 100 VENICE BLVD & WADE ST (STREET LIGHTING) LS TOTAL BID AMOUNT:
Unit abbreviation: LS=lump sum NOTES 1. SPECIALTY ITEMS: Bid Items Nos. 3, 5, 8, 15, 18, 22, 25, and 49 are designated as "Specialty Items."
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C O N S T R U C T I O N CITY OF LOS ANGELES RESPONSIBILITY QUESTIONNAIRE
RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONNAIRE MUST BE SUBMITTED ON THIS FORM. In responding to the Questionnaire, neither the City form, nor any of the questions contained therein, may be retyped, recreated, modified, altered, or changed in any way, in whole or in part. Bidders or Proposers that submit responses on a form that has been retyped, recreated, modified, altered, or changed in any way shall be deemed non-responsive. The signatory of this questionnaire guarantees the truth and accuracy of all statements and answers to the Questions herein. Failure to complete and return this questionnaire, any false statements, or failure to answer (a) question(s) when required, may render the bid/proposal non-responsive. All responses must be typewritten or printed in ink. Where an explanation is required or where additional space is needed to explain an answer, use the Responsibility Questionnaire Attachments. Submit the completed form and all attachments to the awarding authority. Retain a copy of this completed form for future reference. Contractors must submit updated information to the awarding authority if changes have occurred that would render any of the responses inaccurate in any way. Updates must be submitted to the awarding authority within 30 days of the change(s).
A. CONTACT INFORMATION
CITY DEPARTMENT INFORMATION
______City Department/Division Awarding Contract City Contact Person Phone
______City Bid or Contract Number and Project Title (if applicable) Bid Date
BIDDER/CONTRACTOR INFORMATION
______Bidder/Proposer Business Name Contractor’s License Number
______Street Address City State Zip
______Contact Person, Title Phone Fax
TYPE OF SUBMISSION: The Questionnaire being submitted is: An initial submission of a completed Questionnaire. An update of a prior Questionnaire dated ______/______/______. No change. I certify under penalty of perjury under the laws of the State of California that there has been no change to any of the responses since the last Responsibility Questionnaire dated ____/______/____ was submitted by the firm. Attach a copy of that Questionnaire and sign below.
______Print Name, Title Signature Date
TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS: ______
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C O N S T R U C T I O N B. BUSINESS ORGANIZATION/STRUCTURE
Indicate the organizational structure of your firm. “Firm” includes a sole proprietorship, corporation, joint venture, consortium, association, or any combination thereof.
Corporation: Date incorporated: _____/_____/_____ State of incorporation: List the corporation’s current officers. President:______Vice President:______Secretary:______Treasurer:
Check the box only if your firm is a publicly traded corporation. List those who own 5% or more of the corporation’s stock. Use Attachment A if more space is needed. Publicly traded corporations need not list the owners of 5%or more of the corporation’s stock. ______
Partnership: Date formed: _____/_____/_____ State of formation: ______List all partners in your firm. Use Attachment A if more space is needed. ______
Sole Proprietorship: Date started: _____/_____/_____ List any firm(s) that you have been associated with as an owner, partner, or officer for the last five years. Use Attachment A if more space is needed. Do not include ownership of stock in a publicly traded company in your response to this question. ______
Joint Venture: Date formed: _____/_____/_____ List: (1) each firm that is a member of the joint venture and (2) the percentage of ownership the firm will have in the joint venture. Use Attachment A if more space is needed. Each member of the Joint Venture must complete a separate Questionnaire for the Joint Venture’s submission to be considered as responsive to the invitation. ______
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C O N S T R U C T I O N C. OWNERSHIP AND NAME CHANGES
1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes No
If Yes, explain on Attachment A the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm.
2. Has any of the firm’s owners, partners, or officers operated a similar business in the past five years? Yes No
If Yes, list on Attachment A the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm.
3. Has the firm changed names in the past five years? Yes No
If Yes, list on Attachment A all prior names, addresses, and the dates they were used. Explain the reason for each name change in the last five years.
4. Are any of your firm’s licenses held in the name of a corporation or partnership? Yes No
If Yes, list on Attachment A the name of the corporation or partnership that actually holds the license.
Bidders/Contractors must continue on to Section D and answer all remaining questions contained in this Questionnaire.
The responses in this Questionnaire will not be made available to the public for review. This is not a public document. [ CPCC §20101(a) ]
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C O N S T R U C T I O N
D. FINANCIAL RESOURCES AND RESPONSIBILITY
5. In the past five years, has your firm ever been denied bonding? Yes No
If Yes, explain on Attachment B the circumstances surrounding each instance.
6. Is your firm now, or has it ever been at any time in the last five years, the debtor in a bankruptcy case? Yes No
If Yes, explain on Attachment B the circumstances surrounding each instance.
7. Is your firm in the process of, or in negotiations toward, being sold? Yes No
If Yes, explain the circumstances on Attachment B.
E. INSURANCE
8. In the past five years, has any bonding company made any payments to satisfy any claims made against a bond issued on your firm’s behalf? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
9. Indicate whether your firm currently has a workers’ compensation insurance policy in effect, whether it is legally self-insured, or whether it currently has no workers’ compensation insurance policy in effect. Workers’ Compensation Insurance Policy Currently in Effect Legally Self-Insured No Workers’ Compensation Policy Currently in Effect If you have no worker’s compensation insurance policy currently in effect, and you are not legally self- insured, provide an explanation on Attachment B.
10. List the Experience Modification Rate (EMR) issued to your firm annually by your workers’ compensation insurance carrier for the last three years. Begin with the most recent year (YR 1) that an EMR rate was issued (EMR -1). If any of the rates for the three years is or was 1.00 or higher, you may provide an explanation on Attachment B. YR. 1: EMR-1: YR 2: EMR-2: YR. 3: EMR-3:
11. Within the past five years, has your firm ever had employees but was without workers’ compensation insurance or state approved self-insurance? Yes No
If Yes, explain on Attachment B each instance. If No, attach a statement from your workers’ compensation insurance provider that you have been continuously insured for the past five years.
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C O N S T R U C T I O N
F. PERFORMANCE HISTORY
12. How many years has your firm been in business? ______Years.
13. Has your firm ever held any contracts with the City of Los Angeles or any of its departments? Yes No
If, Yes, list on Attachment B all contracts your firm has had with the City of Los Angeles for the last 10 years. For each contract listed in response to this question, include: (a) entity name; (b) name of a contact and phone number; (c) purpose of contract; (d) total cost; (e) starting date; and (f) ending date.
14. List on Attachment B all contracts your firm has had with any private or governmental entity (other than the City of Los Angeles) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing. For each contract listed in response to this question, include: (a) entity name; (b) name of a contact and phone number; (c) purpose of contract; (d) total cost; (e) starting date; and (f) ending date. Check the box if you have not had any similar contracts in the last five years.
15. In the past five years, has a governmental or private entity or individual terminated your firm’s contract prior to its completion of the contract? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
16. In the past five years, has your firm used any subcontractor to perform work on a government contract when you knew that the subcontractor had been debarred by a governmental entity? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
17 In the past five years, has your firm defaulted on a contract or been debarred or determined to be a non- responsible bidder or contractor? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
G. DISPUTES
18 In the past five years, has your firm been the defendant in court on a matter related to any of the following issues? For parts (a) and (b) below, check Yes even if the matter proceeded to arbitration without court litigation. For part (c), check Yes only if the matter proceeded to court litigation. If you answer Yes to any of the questions below, explain the circumstances surrounding each instance on Attachment B. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case. (a) Payment to subcontractors? Yes No (b) Work performance on a contract? Yes No (c) Employment-related litigation brought by an employee? Yes No
Responsibility Questionnaire (rev 1/25/12) 1-3 e Vision Zero - Phase 2D, W.O. E1908593
C O N S T R U C T I O N
19. Does your firm have any outstanding judgments pending against it? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
20. In the past five years, has your firm been assessed liquidated damages on a contract? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance and identify all such projects, the amount assessed and paid, and the name and address of the project owner.
H. COMPLIANCE
21. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment C (Page 10)? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. Yes No If Yes, explain on Attachment B the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome.
22. If a license is required to perform any services provided by your firm, has your firm, or any person employed by your firm, been investigated, found to have violated, cited, assessed any penalties, or subject to any disciplinary action by a licensing agency for violation of any licensing laws in the past five years? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance in the last five years.
23. In the past five years, has your firm, any of its owners, partners, or officers, ever been penalized or given a letter of warning by the City of Los Angeles for failing to obtain authorization from the City for the substitution of a Minority-owned (MBE), Women-owned (WBE), or Other (OBE) business enterprise? Yes No If Yes, explain on Attachment B the circumstances surrounding each instance in the last five years.
24. Provide on Attachment B, the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that will provide apprentices to your company for use on any public works projects that you are awarded by the City of Los Angeles.
Provide on Attachment B, the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that have provided apprentices to your company on any public works project on which your firm has participated within the last 3 years.
Responsibility Questionnaire (rev 1/25/12) 1-3 f Vision Zero - Phase 2D, W.O. E1908593
C O N S T R U C T I O N
I. BUSINESS INTEGRITY
25. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term “firm” includes any owners, partners, or officers in the firm. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you check Yes to any of the three questions below, explain on Attachment B the circumstances surrounding each instance. (a) Is a governmental entity or public utility currently investigating your firm for making (a) false claim(s) or material misrepresentation(s)? Yes No (b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)? Yes No (c) In the past five years, has your firm been convicted of, or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility? Yes No 26. In the past five years, has your firm, any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of theft, fraud, embezzlement, perjury, or bribery? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
CERTIFICATION UNDER PENALTY OF PERJURY
I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained herein and on all Attachments. I further certify that I have provided full and complete answers to each question, and that all information provided in response to this Questionnaire is true and accurate to the best of my knowledge and belief.
______Print Name, Title Signature Date
Responsibility Questionnaire (rev 1/25/12) 1-3 g Vision Zero - Phase 2D, W.O. E1908593
C O N S T R U C T I O N
ATTACHMENT A FOR SECTIONS A THROUGH C
Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten. Include the number of the question for which you are submitting additional information. Make copies of this Attachment if additional pages are needed.
Page _____
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C O N S T R U C T I O N
ATTACHMENT B FOR SECTIONS D THROUGH I
Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten. Include the number of the question for which you are submitting additional information. Make copies of this Attachment if additional pages are needed.
Page _____
Responsibility Questionnaire (rev 1/25/12) 1-3 i Vision Zero - Phase 2D, W.O. E1908593
C O N S T R U C T I O N
ATTACHMENT C: GOVERNMENTAL ENTITIES FOR QUESTION NO. 21
Check Yes in response to Question No. 21 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions), including but not limited to those examples specified below. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you answered Yes, provide an explanation on Attachment B of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome.
FEDERAL ENTITIES STATE ENTITIES
Federal Department of Labor California’s Department of Industrial Relations • American with Disabilities Act • wage and labor standards, and licensing and • Immigration Reform and Control Act registration • Family Medical Leave Act • occupational safety and health standards • Fair Labor Standards Act • workers’ compensation self insurance plans • Davis-Bacon and laws covering wage requirements • Workers’ Compensation Act for federal government contract workers • wage, hour, and working standards for apprentices • Migrant and Seasonal Agricultural Workers • any provision of the California Labor Code Protection Act • Immigration and Naturalization Act California’s Department of Fair Employment and • Occupational Safety and Health Act Housing • anti-discrimination provisions applicable to • California Fair Employment and Housing Act government contractors and subcontractors • Unruh Civil Rights Act • whistleblower protection laws • Ralph Civil Rights Act
Federal Department of Justice California Department of Consumer Affairs • Civil Rights Act • licensing, registration, and certification requirements • American with Disabilities Act • occupational licensing requirements administered • Immigration Reform and Control Act of 1986 and/or enforced by any of the Department’s boards, • bankruptcy fraud and abuse including the Contractor’s State Licensing Board
Federal Department of Housing and Urban California’s Department of Justice Development (HUD) • anti-discrimination provisions in federally LOCAL ENTITIES subsidized/assisted/sponsored housing programs • prevailing wage requirements applicable to HUD City of Los Angeles or any of its subdivisions for related programs violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any Federal Environmental Protection Agency letters of warning or sanctions issued by the City of Los • Environmental Protection Act Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions in dollar National Labor Relations Board amounts subcontracted. • National Labor Relations Act OTHERS Federal Equal Employment Opportunity Commission Any other federal, state, local governmental entity for • Civil Rights Act violation of any other federal, state, or local law or • Equal Pay Act regulation relating to wages, labor, or other terms and • Age Discrimination in Employment Act conditions of employment. • Rehabilitation Act • Americans with Disabilities Act
Responsibility Questionnaire (rev 1/25/12) 1-3 j Vision Zero - Phase 2D, W.O. E1908593
CITY OF LOS ANGELES
PLEDGE OF COMPLIANCE WITH CONTRACTOR RESPONSIBILITY ORDINANCE
Los Angeles Administrative Code (LAAC) Section 10.40 et seq. (Contractor Responsibility Ordinance) provides that, unless specifically exempt, City contractors working under service contracts of at least $25,000 and three months, contracts for the purchase of goods and products of at least $100,000, contracts for the purchase of garments of at least $25,000, and construction contracts of any amount; public lessees; public licensees; and certain recipients of City financial assistance or City grant funds, shall comply with all applicable provisions of the Ordinance. Upon award of a City contract, public lease, public license, financial assistance or grant, the contractor, public lessee, public licensee, City financial assistance recipient, or grant recipient, and any its subcontractor(s), shall submit this Pledge of Compliance to the awarding authority.
The contractor agrees to comply with the Contractor Responsibility Ordinance and the following provisions:
(a) To comply with all federal, state, and local laws in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (b) To notify the awarding authority within 30 calendar days after receiving notification that any governmental agency has initiated an investigation which may result in a finding that the contractor did not comply with any federal, state, or local law in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (c) To notify the awarding authority within 30 calendar days of all findings by a governmental agency or court of competent jurisdiction that the contractor has violated any federal, state, or local law in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees. (d) If applicable, to provide the awarding authority, within 30 calendar days, updated responses to the Responsibility Questionnaire if any change occurs which would change any response contained within the Responsibility Questionnaire and such change would affect the contractor’s fitness and ability to continue the contract. (e) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the leased or licensed premises) shall comply with all federal, state, and local laws in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (f) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, sublicensee that perform or assist in performing services on the leased or licensed premises) submit a Pledge of Compliance. (g) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the leased or licensed premises) shall comply with paragraphs (b) and (c).
Failure to complete and submit this form to the Awarding Authority may result in withholding of payments by the City Controller, or contract termination.
Company Name, Address and Phone Number
Signature of Officer or Authorized Representative Date
Print Name and Title of Officer or Authorized Representative
Awarding City Department Contract Number
SRIS/CRO-3, Pledge of Compliance (Rev. 5/25/04) 1-3 k Vision Zero - Phase 2D, W.O. E1908593
1-3 l Vision Zero - Phase 2D, W.O. E1908593
1-3 m Vision Zero - Phase 2D, W.O. E1908593
SIGNATURE SHEET AND AFFIDAVIT
I/We, depose and say that I am/We are ______Insert Name(s) __ of ______(Insert "Sole Owner", "Partner", "President", etc.) (Insert firm name and address of bidder) ______
Contractor's License No. License Classification Expiration Date . who submit this proposal to the Board of Public Works and hereby declare:
(1) That I/We have read this proposal and have abided by and agree to the conditions herein and have carefully examined the project plans and read the specifications and I/We hereby propose to furnish all materials and do all the work required to complete the work in accordance with the plans and specifications, for the unit prices or lump sums named in the Schedule of Work and Prices. Furthermore, I/WE have read and understand Ordinance No. 173677 of the “Determination of Contractor Responsibility Policy” of the City of Los Angeles and I/WE understand my/our obligations under this policy as a bidder and as a contractor should this contract be awarded to my/our firm.
(2) That this proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that I/We have not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that I/We have not in any manner sought by collusion to secure for myself/ourselves an advantage over any other bidder.
(3) This contract is expressly made for the benefit of the signatory parties only. It is not the intent of any of the signatory parties to create or discharge any duty, express or implied, to any party other than the signatory parties. Any benefit derived from this contract by a third party is unintended and incidental to the purpose for which this contract is made.
(4) That I/We as principal(s), acknowledge myself/ourselves as being bound by the accompanying Bid Bond when completed by the Surety.
(5) That I have read and understand the provisions of the Pollution Control – Sewage Spill Prevention and Response Requirements and the Board of Public Work’s Policy of “Zero Sanitary Sewer Overflows” requirements as contained in this Proposal. If awarded this contract, I/ We agree to furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the containment and clean up of any sewage or other pollutants spills or leaks occurring during the performance of this contract. I/WE further agree to act immediately, without instructions from City staff, to contain and clean up any spill in any way involved with my/ our activities on this project without concern for who or what caused the spill.
ADDENDA - This proposal is submitted with respect to the changes to the contract included in Addenda numbers:
(Fill in Addenda received) ______,______,______,______,______,______,______,
I/We certify or declare under penalty of perjury that the foregoing is true and correct, and that if only one signature is provided, it is provided in accordance with Note 8 in the General Instructions and Information for Bidders of this proposal.
1. Name Signature Title Date
2. Name Second Signature Title Date
Note: ALL SIGNATURES MUST BE PROPERLY COMPLETED AND WITNESSED BY A NOTARY
07/12/17 1-4 Vision Zero - Phase 2D, W.O. E1908593
Vision Zero - Phase 2D W.O. E1908593
BID BOND
(Not necessary when certified check or cashier's check accompanies bid)
We, the principal and undersigned Surety, acknowledge ourselves jointly and severally bound to the Department of Public Works of the City of Los Angeles, for an amount not less than ten percent (10%) of the total bid, to be paid to said Department if the proposal shall be accepted and the proposed contract awarded to the principal, and the principal shall fail to execute the contract within the time specified by the general instructions in the proposal; and to furnish the required faithful performance and labor and material bonds, within the time specified. It is hereby agreed that bid errors shall not constitute a defense to forfeiture, except as provided by the State of California Public Contracting Code Sections 5101 through 5105, or as they may be amended.
WITNESS our hands this ______day of ______, 20_____.
By: Print Name of Owner or President of Print Surety's Name Corporation/Company
1. Signature Surety Mailing Address (Line 1)
Title Mailing Address (Line 2)
Date Print Name
2. Print Name Surety Signature
* Second Signature Title
Title
Date
* SECOND SIGNATURE MAY BE REQUIRED WITH BID. Failure to provide the required signatures with bid may render the bid nonresponsive. If only one signature is submitted for a corporation, the City must be furnished with the required signatures authorization with bid, or a current copy of the required signature authorization must be on file with the City. See note below.
NOTE: SIGNATURE OF THE AUTHORIZED AGENT OF THE SURETY MUST BE WITNESSED BY A NOTARY. If a bid bond is submitted on a form other than this form, the bid bond may not be acceptable. See Note 9 in the General Instructions and Information for Bidders of this proposal for more information.
06/02/16 1–5 Vision Zero - Phase 2D, W.O. E1908593 LIST OF SUBCONTRACTORS
Use pages 1-6 and 1-7 to list subcontractors including manufacturers, truckers and equipment rental companies. Use page 1-8 to list vendors and/or suppliers and brokers.
To be eligible for award of this project, the Board of Public Works requires the bidder to subcontract a minimum of its bid, as discussed in the Mandatory Subcontracting Minimum (MSM) Requirement paragraph on the important Notice page of the Proposal, to any qualified available Subcontractor(s). Failure to list subcontractors and subcontracting amounts on pages 1-6 through 1-8 with the bid sufficient to meet or exceed the MSM may cause the bid to be rejected by the Board of Public Works as non-responsive.
In accordance with provisions pertaining to the listing of Subcontractors, the bidder shall list herein each first tier Subcontractor to whom it proposes to subcontract portions of the work in an amount in excess of 2 of 1% of the Contractor=s total bid or $10,000.00, whichever is greater, and the dollar value of each listed subcontract. However, the bidder must list any additional subcontractor and dollar value to the subcontract, regardless of amount, if the bidder wishes to have the subcontract amount credited toward meeting the MSM level of participation for this project. No MBE, WBE, SBE, EBE, or DVBE credit will be given unless the subcontractor and subcontracting amounts are listed on pages 1-6 through 1-8. Note the following when calculating the pledged levels of participation:
$ MSM credit will not be given to a joint venture partner listed as a Subcontractor by a joint venture.
$ Listed vendors and/or suppliers will be limited to 60% of their listed dollar value toward achieving both the MSM and the anticipated MBE, WBE, SBE, EBE, and DVBE levels of participation for this project, unless the vendor and/or supplier manufactures or substantially alters the materials/supplies.
$ SBE, EBE, and/or DVBE certified bidders will receive applicable SBE, EBE, and/or DVBE credit for the value of the work to be performed by its own workforce as listed below.
Bidders are encouraged to use MBE, WBE, SBE, EBE, and DVBE firms whenever there is a need to subcontract portions of the work. State Contractor=s Subcontractor Name, Business Address, Telephone Number, Certification Agency License Number and Dollar Value of Subcontract and Contact Person and Certification # (1) Exp. Date License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: MBE WBE SBE Expiration Date: EBE DVBE Gender/Ethnicity: Description of work: Bid Item Nos.: License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: MBE WBE SBE Expiration Date: EBE DVBE Gender/Ethnicity: Description of work: Bid Item Nos. License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: MBE WBE SBE Expiration Date: EBE DVBE Gender/Ethnicity: Description of work: Bid Item Nos. (1) Specify Certifying agency: LA - City of Los Angeles, Bureau of Contract Administration CT - State of California, Department of Transportation (Caltrans) MTA - Los Angeles County Metropolitan Transportation Authority SCMBDC - Southern California Minority Business Development Council, Inc.
(Rev. 07/19/11) 1-6 Vision Zero - Phase 2D, W.O. E1908593 LIST OF SUBCONTRACTORS (continued)
Subcontractor Name, Business Address, Telephone State Contractor=s Certification Dollar Value of Subcontract Number, and Contact Person License Number Agency and and Exp. Date Certification # (1) License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: Expiration Date: MBE WBE SBE EBE DVBE Gender/Ethnicity:
Description of work: Bid Item Nos. License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: Expiration Date: MBE WBE SBE EBE DVBE Gender/Ethnicity:
Description of work: Bid Item Nos. License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: Expiration Date: MBE WBE SBE EBE DVBE Gender/Ethnicity:
Description of work: Bid Item Nos. License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: Expiration Date: MBE WBE SBE EBE DVBE Gender/Ethnicity:
Description of work: Bid Item Nos. License Number: LA CT MTA $ SCMBDC Cert #
Expiration Date: Expiration Date: MBE WBE SBE EBE DVBE Gender/Ethnicity:
Description of work: Bid Item Nos. (1) Specify Certifying agency: LA - City of Los Angeles, Bureau of Contract Administration CT - State of California, Department of Transportation (Caltrans) MTA - Los Angeles County Metropolitan Transportation Authority SCMBDC - Southern California Minority Business Development Council, Inc.
Bidders must photocopy this page if additional subcontractors are to be listed.
(Rev. 07/19/11) 1-7 Vision Zero - Phase 2D, W.O. E1908593 LIST OF SUBCONTRACTORS (continued)
VENDOR AND/OR SUPPLIER AND BROKER PARTICIPATION RECOGNITION
The bidder must list herein names of vendors and/or suppliers and brokers and the dollar amounts for which the bidder has obligated itself (list manufacturers on page 1-6 or 1-7).
Vendor/Supplier/Broker Name, Business Address, Telephone number, Certification Supplier/Broker Subcontract Information and Contact Person Agency and Certification # (1)
LA CT MTA Total Dollar Amount of Subcontract SCMBDC
Cert # $ MBE WBE SBE Dollar Amount Applicable Toward EBE DVBE MBE/WBE/SBE/EBE/DVBE/MSM Exp.: Participation Levels (2) (3)
Description of material/service rendered: Gen./Eth.: $ LA CT MTA Total Dollar Amount of Subcontract SCMBDC
Cert # $ MBE WBE SBE Dollar Amount Applicable Toward EBE DVBE MBE/WBE/SBE/EBE/DVBE/MSM Exp.: Participation Levels (2) (3)
Description of material/service rendered: Gen./Eth.: $ LA CT MTA Total Dollar Amount of Subcontract SCMBDC
Cert # $ MBE WBE SBE Dollar Amount Applicable Toward EBE DVBE MBE/WBE/SBE/EBE/DVBE/MSM Exp.: Participation Levels (2) (3)
Description of material/service rendered: Gen./Eth.: $ (1) Specify Certifying agency: LA - City of Los Angeles, Bureau of Contract Administration CT - State of California, Department of Transportation (Caltrans) MTA - Los Angeles County Metropolitan Transportation Authority SCMBDC - Southern California Minority Business Development Council, Inc.
(2) MBE/WBE/SBE/EBE/DVBE/MSM participation credit for a vendor and/or supplier is LIMITED TO 60% of the amount paid, unless the vendor/supplier manufactures or substantially alters the materials/supplies. Multiply the ATotal Dollar Amount of Subcontract@ by 0.6 to calculate the “Dollar Amount Applicable Toward…Participation Levels” if applicable.
(3) MBE/WBE/SBE/EBE/DVBE/MSM participation credit for brokers is LIMITED TO THE FEE OR COMMISSION charged for providing the desired service. Multiply the ATotal Dollar Amount of Subcontract@ by the broker=s commission percentage.
BIDDER=S FAILURE TO ACHIEVE THE MSM PERCENTAGE MAY RESULT IN THE BOARD OF PUBLIC WORKS DECLARING THE BID NON-RESPONSIVE.
______NAME & SIGNATURE OF PERSON COMPLETING PAGES 1-6 THROUGH 1-8 TITLE TELEPHONE NO.
1-8 (Rev. 07/19/11) Vision Zero - Phase 2D, W.O. E1908593
CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS
The undersigned hereby agrees that will: Name of Business
1. Fully comply with all applicable State and Federal employment reporting requirements for its employees.
2. Fully comply with and implement all lawfully served Wage and earnings Assignment Orders and Notices of Assignment.
3. Certify that the principal owner(s) of the business are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally.
4. Certify that the business will maintain such compliance throughout the terms of the contract.
5. This certification is a material representation of fact upon which reliance was placed when the parties entered into this transaction.
6. The undersigned shall require that the language of this Certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly.
Upon signing below, the bidder by his/her signature affixed hereto declares under penalty of perjury that he/she has read the Child Support Assignment Orders contained in the City’s Ordinance No. 172401 and accepts all the City’s requirements contained therein throughout the duration of this project.
Signature Title
Company Name
Date
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Equal Benefits Ordinance (EBO) / First Source Hiring Ordinance (FSHO)
If a contract is subject to the Equal Benefits Ordinance (EBO) and/or the First Source Hiring Ordinance (FSHO), Bidders/Proposers are required to complete a streamlined EBO/FSHO Compliance Affidavit web application form that is located on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org. Bidders/Proposers are responsible for creating a BAVN profile and completing and submitting the affidavit. See below for additional details about the EBO and the FSHO.
Equal Benefits Ordinance (EBO):
Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO).
All Bidders/Proposers shall complete and submit the Equal Benefits Ordinance Compliance Affidavit, available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org, prior to award of a City contract that exceeds $25,000. The affidavit shall be valid for a period of three years from the date it is first uploaded onto the City’s BAVN. Bidders/Proposers do not need to submit supporting documentation with their bids or proposals. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the EBO Affidavit.
Bidders/Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
First Source Hiring Ordinance (FSHO):
Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City, the value of which exceeds $25,000 with a term of at least three (3) months, and certain recipients of City Loans or Grants, shall comply with the provisions of Los Angeles Administrative Code Sections 10.44 et seq., First Source Hiring Ordinance (FSHO).
All Bidders/Proposers shall complete and electronically sign the FSHO Compliance Affidavit available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract. The affidavit shall be valid for a period of three years from the date it is first uploaded on the City’s BAVN.
Bidders/Proposers seeking additional information regarding the requirements of the First Source Hiring Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
EBO FSHO RFB/RFP/RFQ Language (6/16) Vision Zero - Phase 2D, W.O. E1908593
Department of General Services Procurement Division 707 Third Street, Second Floor, West Sacramento, CA 95605 (916) 375-4400 (800) 559-5529
List Date: January 23, 2018
Entities Prohibited from Contracting with Public Entities in California per the Iranian Contracting Act, 2010
1. China National Petroleum Corporation 2. China Oilfield Services Limited 3. Daelim 4. Indian Oil Corporation Ltd. 5. Oil and Natural Gas Corporation 6. Oil India Limited 7. ONGC Videsh Ltd. 8. Petrofield 9. Petróleos de Venezuela, S.A 10. Sinopec 11. SKS Ventures
If you have any questions regarding this notification, please contact:
Office of Policies, Procedures, and Legislation [email protected]
1-11a IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT (California Public Contract Code Sections 2200-2208)
The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either: 1. A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or 2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran. The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010. California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205). To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution name, and City Business Tax Registration Certificate (BRTC) if available, in completing ONE of the options shown below.
OPTION #1: CERTIFICATION I, the official named below, certify that I am duly authorized to execute this certification on behalf of the bidder or financial institution identified below, and that the bidder or financial institution identified below is not on the current DGS list of persons engaged in investment activities in Iran and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or vendor, for 45 days or more, if that other person or vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DSG list of persons engaged in investment activities in Iran.
Vendor Name/Financial Institution (printed) BTRC (or n/a)
By (Authorized Signature)
Print Name and Title of Person Signing
Date Executed City Approval (Signature) (Print Name)
OPTION #2: EXEMPTION Pursuant to PCC § 2203(c) and (d), a public entity may permit a bidder or financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into, or renew, a contract for goods and services. If the bidder or financial institution identified below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, the bidder or financial institution shall complete and sign below and attach documentation demonstrating the exemption approval.
Vendor Name/Financial Institution (printed) BTRC (or n/a)
By (Authorized Signature)
Print Name and Title of Person Signing
Date Executed City Approval (Signature) (Print Name)
1-11b1-12b Iran Contracting Act of 2010 - Implementation and Processing Procedures
Overview:
The Iran Contracting Act of 2010 prohibits bidders engaged in investment activities in Iran, from bidding, submitting proposal for, entering into or renewing contracts with the City for goods and services of $1,000,000 or more.
A bidder or proposer who engages in investment activities in Iran is defined as either:
1. A bidder or proposer providing goods or services of $20,000,000 or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector or Iran; OR
2. A bidder that is a financial institution that extends twenty million dollars $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the list created by the State of California, Department of General Services (DGS) as a person engaging in the investment activities in Iran.
All bidders or proposers for department contracts of $1,000,000 or more shall certify that they are not identified on the DGS list of ineligible businesses or persons, and that they are not engaged in investment activities in Iran by signing and submitting the Iran Contracting Act of 2010 Compliance Affidavit.
Implementation & Processing:
All bidders or proposers for a Department contract valued at $1,000,000 or more must sign and submit the Iran Contracting Act of 2010 Compliance Affidavit with their bid or proposal.
Upon receiving the bid or proposal, the awarding authority contract administrator must review the submitted affidavit for completion and signature and check the DGS list of businesses that are prohibited from contracting with public entities in California. The link for the DGS list is: http://www.documents.dgs.ca.gov/PD/poliproc/Iran%20Contracting%20Act%20List.pdf
Once the review is complete, the contract administrator will place the affidavit in the awarding authority’s official file associated with the proposal, or such other place as is designated by the awarding authority’s general manager for safe recordkeeping.
In the event that the awarding authority intends to award a contract valued at $1,000,000 or more, outside of the competitive process, the awarding authority must complete the evaluation process described above prior to executing the contract.
Any questions regarding the Iran Contracting Act of 2010 may be directed to the State of California, Department of General Services, Office of Policies, Procedures, and Legislation (OPPL) at [email protected]. For more information, the webpage for the OPPL is located at www.dgs.ca.gov/pd/Resources/PDLegislation.aspx.
1-121-11cc Vision Zero - Phase 2D, W.O. E1908593
BID PROPOSAL
PART II Vision Zero - Phase 2D, W.O. E1908593
Nondiscrimination, Equal Employment Practices and Affirmative Action Program (Non-Construction and Construction)
Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2., Non-discrimination Clause.
All contracts (both construction and non-construction) for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.3., Equal Employment Practices Provisions. By affixing its signature on a contract that is subject to the Equal Employment Practices Provisions, the Contractor shall agree to adhere to the provisions in the Equal Employment Practices Provisions for the duration of the contract.
All contracts (both construction and non-construction) for which the consideration is $25,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.4., Affirmative Action Program Provisions. By affixing its signature on a contract that is subject to the Affirmative Action Program Provisions, the Contractor shall agree to adhere to the provisions in the Affirmative Action Program Provisions for the duration of the contract.
Furthermore, contractors shall include similar provisions in all subcontracts awarded for work to be performed under the contract with the City and shall impose the same obligations. The contract with the subcontractor that contends similar language shall be made available to the Office of Contract Compliance upon request.
Bidders/Proposers seeking additional information regarding the requirements of the City’s Non-Discrimination Clause, Equal Employment Practices and Affirmative Action Program may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
ND/EEP/AA RFB/RFP/RFQ Language (Rev. 06/16)
2-1 Vision Zero - Phase 2D, W.O. E1908593 ANTICIPATED EMPLOYMENT UTILIZATION REPORT
PRIME SUB Contractor Project Title OCC File # Contractor Address City: State: E-mail: CONSTRUCTION PROJECTS FOR WHICH THE CONSIDERATION IS $25,000 OR MORE As part of the Affirmative Action Program Provisions (10.13B), the Awarding Authority or the Designated Administrative Agency may request that your company set forth anticipated minority, women, and all other staffing utilization by the contractor and all subcontractors on each project constructed by the City. Complete this form and use those trades within the area of jurisdiction of the Los Angeles Building and Construction Trades Council within the City of Los Angeles in each work class and at all levels in terms of STAFF HOURS. Submit this form directly to the Requesting Party. (Note: J - Journeyman, A - Apprentice, T - Trainee, F - Female, M - Male) (L.A. County Only) AFRICAN AMERICAN ASIAN / PACIFIC AMERICAN INDIAN/ CAUCASIAN TOTAL % (BLACK) HISPANIC ISLANDER ALASKAN NATIVE (NON-HISPANIC) EMPLOYEES MINORITY GENDER CRAFT J A T J A T J A T J A T J A T J A T J A T M F Brick Mason Carpenters Concrete Finishers Construction Laborers Electricians Operator Engineers Painters Plasterers, Stucco Masons Plumbers, Pipefitters Sheet Metal Workers Iron & Steel Workers Roofers Clerical Supervisory
TOTAL
Employment statistics were obtained from: Available Records Visual Check Other (Specify)
Prepared by: Title: Date:
AAP-2 Form (8/16) 2-2
Vision Zero - Phase 2D, W.O. E1908593
BID PROPOSAL
PART III Vision Zero - Phase 2D, W.O. E1908593
CITY OF LOS ANGELES BUSINESS INCLUSION PROGRAM (BIP) FOR A REQUEST FOR BIDS (RFB)
Performance of a BIP outreach to Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Small Business Enterprises (SBE), Emerging Business Enterprises (EBE), Disabled Veteran Business Enterprises (DVBE), and Other Business Enterprises (OBE) subcontractors must be completed on the Business Assistance Virtual Network (BAVN), www.labavn.org.
All BIP outreach documentation must be submitted on the BAVN by 4:30 p.m. on the calendar day following the date bids are received by the Awarding Authority.
Failure to submit the required documentation by 4:30 p.m. on the calendar day following the date bids are received by the Awarding Authority will render the bid non-responsive.
The Department of Public Works anticipated levels of MBE Participation: 4% WBE Participation: 2% SBE Participation: 25 % EBE Participation: 8% DVBE Participation: 3 %
NOTE: BIP outreach information and/or assistance may be obtained through the City's Bureau of Contract Administration, Office of Contract Compliance by email at [email protected]. Technical assistance in using the BAVN may be obtained through the e-mail link on the BAVN’s website.
3-1 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
TABLE OF CONTENTS
BOARD OF PUBLIC WORKS BUSINESS INCLUSION OUTREACH PROGRAM
INTRODUCTION PAGE
Cover 1
Table of Contents 2
PARAGRAPH
A. General 3
B. MBE/WBE/SBE/EBE/DVBE/OBE Participation 3
C. Definitions 3
D. BIP Outreach Documentation 7
E. Award of Contract 12
F. Subcontractors 12
G. Subcontractor Substitution 14
H. Submittal Documents 17
I. Sub-agreement Falsification 18
J. Final Subcontracting Report Submittal 18
FORMS
Subcontractors / Subcontractor Substitutions Form 19
Final Subcontracting Report Form 20
3-2 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
CITY OF LOS ANGELES BUSINESS INCLUSION PROGRAM (BIP) FOR USE ON CITY-FUNDED REQUEST FOR BIDS CONTRACTS
A. General
This project is subject to the City of Los Angeles, BIP outreach requirements which are to be followed by bidders on advertised Request for Bids. The City is committed to ensuring full and equitable participation by minority, women, small, emerging, disabled veteran, and other sub-bid or subcontracting businesses in the provision of all goods and services to the City on a contractual basis. The BIP is set forth herein. Bidders shall be fully informed concerning the requirements of this Program. Bidders are encouraged to use MBE/WBE/SBE/EBE/DVBE/OBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the City’s BIP Outreach requirements will render the bid non-responsive.
B. MBE/WBE/SBE/EBE/DVBE/OBE Participation
The BIP outreach policy requires the bidder to make an outreach in order to include sub-bid participation by MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs which is anticipated by the City to produce levels of participation as stated on Page 1.
C. Definitions
1. Minority or Women Business Enterprise (MBE or WBE): For the purpose of this program, means a business enterprise that meets both of the following criteria:
a. A business that is at least 51 percent owned by one or more minority persons or women, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and
b. A business whose management and daily business operations are controlled by one or more minority persons or women.
2. Small Business Enterprise (SBE): For the purpose of this program, Small Business Enterprise shall mean a business enterprise that meets the following criteria:
a. A business (personal or professional services, manufacturer, supplier, vendor) whose three (3) year average annual gross revenues does not exceed $7 million.
b. A business (construction contractors) whose three (3) year average annual gross revenues does not exceed $15 million.
3. Emerging Business Enterprise (EBE): For the purpose of this program, Emerging Business Enterprise shall mean a business enterprise whose three (3) year average annual gross revenues do not exceed $5 million.
4. Disabled Veteran Business Enterprise (DVBE): For the purpose of this program, Disabled
3-3 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
Veteran Business Enterprise shall mean a business enterprise that meets the following criteria:
a. A business that is at least 51 percent owned by one or more disabled veterans.
b. A business whose daily business operations must be managed and controlled by one or more disabled veterans.
5. Other Business Enterprise (OBE): For the purpose of this program, means any business which does not otherwise qualify or has not been certified as a Minority, Women, Small, Emerging, and/or Disabled Veteran Business Enterprise.
6. Minority person: For the purposes of this program, the term "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific Americans (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Subcontinent Asian Americans (including persons whose origins are from India, Pakistan and Bangladesh).
7. Disabled Veteran: For the purpose of this program, the term “Disabled Veteran” shall mean a veteran of the U.S. military, naval, or air services; the veteran must have a service-connected disability of at least 10% or more, and the veteran must reside in California.
8. Certifications must be current on the date bids for the project are opened if recognition is to be given towards MBE/WBE participation on this project.
a. Certification as a Minority or Women Business Enterprise: An MBE/WBE must be certified by 1) City of Los Angeles, Bureau of Contract Administration; 2) State of California Department of Transportation (CalTrans); 3) Any certifying agency that is a part of the State of California, Unified Certification Program (CUCP) so long as the certification meets all of the City of Los Angeles’ MBE/WBE certification requirements; 4) Southern California Minority Business Development Council, Inc. (SCMBDC) for MBE certifications only; 5) Women’s Business Enterprise Council- West (WBEC- West); or 6) California Public Utilities Commission’s Supplier Clearinghouse (CPUC).
Applications for certification and directories of MBE/WBE certified firms are available at the following locations:
1. City of Los Angeles Bureau of Contract Administration, Office of Contract Compliance 1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Telephone: (213) 847-2684 E-mail address : [email protected] Internet address: https://bca.lacity.org/certifications-printable-forms
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2. California Department of Transportation, Office of Business and Economic Opportunity 1823 14th Street, Sacramento, CA 95814 Telephone: (916) 324-1700 Internet address: www.dot.ca.gov/programs/business-and-economic-opportunity
3. Southern California Minority Supplier Development Council (for a fee) 800 W. 6th Street, Suite 850, Los Angeles, CA 90017 Telephone: (213) 689-6960 Fax: (213) 689-1707 Internet address: www.scmsdc.org
4. Women’s Business Enterprise Council – West (WBEC-West) 400 Corporate Pointe, Suite 300 Culver City, CA 90230 Telephone: (310) 461-4361 E-mail: [email protected] Internet address: www.wbec-west.com
5. California Public Utilities Commission’s Supplier Clearinghouse (CPUC) 10100 Pioneer Boulevard, Suite 103, Santa Fe Springs, CA 90670 Telephone: (562) 325-8685 Fax: (562) 278-0153 Internet address: http://www.thesupplierclearinghouse.com/
b. Certification as a Small or Emerging Business Enterprise: An SBE must be certified by either: 1) City of Los Angeles, Bureau of Contract Administration as a Small, Local Business Enterprise; or 2) State of California, Office of Small Business & Disabled Veteran Business Enterprise Services as long as the certification meets all of the City of Los Angeles’ SBE and/or EBE certification criteria.
Note: The City of Los Angeles, Bureau of Contract Administration does not offer EBE certifications. However, if a company holds a City of Los Angeles certification as a Small, Local Business Enterprise, they can request an SBE and EBE designation on their BAVN company profile. The State of California does not offer EBE certifications. For the purposes of this program, the State’s Microbusiness certification will be considered synonymous with the City’s EBE certification.
Applications for certification and directories of SBE/EBE certified firms are available at the following locations
3-5 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
1. City of Los Angeles Bureau of Contract Administration, Office of Contract Compliance 1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Telephone: (213) 847-2684 E-mail: [email protected] Internet address: https://bca.lacity.org/certification
2. Office of Small Business & Disabled Veteran Business Enterprises (OSDS) Resources 707 3rd Street, West Sacramento, CA 95605 Telephone: (916) 375-4940 E-mail: [email protected] Internet address: https://caleprocure.ca.gov/pages/sbdvbe-index.aspx
c. Certification as a Disabled Veteran Business Enterprise: A DVBE must be certified by either 1) State of California, Office of Small Business & Disabled Veteran Business Enterprise Services; or 2) Department of Veterans Affairs, Office of Small and Disadvantaged Business Utilization, Center for Verification and Evaluations as Service-Disabled Veteran-Owned Small Business (SDVOSB) and be headquartered in California.
Applications for certification and directories of DVBE certified firms are available at the following locations:
1. Office of Small Business & Disabled Veteran Business Enterprises Services (OSDS) 707 3rd Street, West Sacramento, CA 95605 Telephone: (916) 375-4940 E-mail: [email protected] Internet address: https://caleprocure.ca.gov/pages/sbdvbe-index.aspx
2. Department of Veterans Affairs, Office of Small and Disadvantaged Business Utilization (OSDBU) Internet address: https://www.va.gov/osdbu/
9. Business Inclusion Program Outreach Documentation: The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub- bidder/subcontractors. Minority, women, small, emerging, disabled veteran owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction and other services. The required affirmative steps for BIP Outreach documentation are outlined in Paragraph D herein. The BIP Outreach documentation must be submitted as described in Paragraph D herein. Failure to submit the BIP Outreach documentation as described will render the response non-responsive.
10. Subcontract: For the purpose of this program, the term "Subcontract" denotes an agreement
3-6 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
between the prime Contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime Contractor has obligated itself.
11. Subcontractor: An individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment.
12. Vendor and/or supplier: A firm that owns operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment.
13. Manufacturer: A firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.
14. Broker: A firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services.
15. Participation Recognition: This applies to recognition as an MBE, WBE, SBE, EBE, DVBE, and OBE.
a. All listed MBE, WBE, SBE, EBE, and/or DVBE firms must be certified as defined under Paragraph C, Definitions, Item 8, on the date bids for the project are opened before credit may be allowed toward the respective MBE, WBE, SBE, EBE, and/or DVBE participation level.
b. Work performed by a MBE, WBE, SBE, EBE, and/or DVBE prime contractor will not be a consideration when determining a prime contractor’s BIP Outreach. The prime contractor will be required to make a BIP Outreach to obtain certified MBEs, WBEs, SBEs, EBEs, and DVBEs through subcontracting or materials and supplies acquisition to reach anticipated participation levels.
c. A listed MBE, WBE, SBE, EBE, DVBE, and/or OBE firm must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/supplies in computing the levels of MBE, WBE, SBE, EBE, DVBE, and OBE participation, unless the vendor manufactures or
3-7 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
substantially alters the materials/supplies.
e. MBE and/or WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder.
f. MBE, WBE, SBE, EBE, DVBE, and/or OBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services.
g. A firm which qualifies as both a MBE and a WBE will be credited as either MBE participation or as WBE participation, but will not be credited for both. However, a MBE and/or WBE firm may also receive SBE, EBE and/or DVBE credit if so qualified.
h. A SBE, EBE, DVBE prime contractor shall receive pledged participation credit for the work performed by its own workforce.
i. A bid-listed subcontractor, vendor, supplier, manufacturer, or broker that becomes a certified MBE, WBE, SBE, EBE, and/ or DVBE after contract award will be credited towards the achieved participation levels for any work performed after the certification date. Additionally, if the MBE, WBE, SBE, EBE, and/ or DVBE has a status change in any of its certifications during the performance of work under the contract, the firm will not receive certification credit for work performed after the certification status change.
D. BIP Outreach Documentation
It is the policy of the City of Los Angeles to provide Minority Business Enterprises (MBEs), Woman Business Enterprises (WBEs), Small Business Enterprises (SBEs), Emerging Business Enterprises (EBEs), Disabled Veteran Business Enterprises (DVBEs), and Other Business Enterprises (OBEs) an equal opportunity to participate in the performance of City contracts. In order to maximize this participation while minimizing the administrative impact on city staff and bidders alike, the Mayor’s Office has developed a Business Inclusion Program (BIP). The BIP requires City departments to set anticipated participation levels based on the opportunities presented in their advertised contracts and the department’s achievement of its annual goals. A bidder's BIP Outreach to MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs shall be determined by their compliance with the following BIP Outreach process which will be performed on the City’s Business Assistance Virtual Network (BAVN). The BAVN can be accessed at www.labavn.org or by going to the City’s Webpage (www.lacity.org) and linking onto “Bids, RFPs & Grants.” Failure to meet the anticipated MBE, WBE, SBE, EBE, and/or DVBE participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. However, failure to comply with the BIP Outreach documentation requirements as described in this section will render the bid non-responsive and will result in its rejection. Compliance with the BIP Outreach requirements is required even if the bidder has achieved the anticipated MBE, WBE, SBE, EBE, and DVBE participation levels. Adequacy of a bidder's BIP Outreach will be determined by the Board after consideration of the indicators of BIP Outreach as set forth below.
3-8 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
Any technical difficulties while utilizing the BAVN should be reported immediately using the following steps:
1. Email BAVN Support at [email protected]. 2. Email Bureau of Contract Administration, Business Inclusion Section (BIS) at [email protected] 3. If you are not contacted within 15 minutes during normal City working hours (7:00 a.m. to 4:30 p.m. Monday-Friday), call 213-847-2605 and ask for an SOE Analyst to assist you. If the above procedures are not followed as stipulated, incomplete outreach and/or incomplete documentation may not be accepted.
Each indicator (2-7) is evaluated on a pass/fail basis. All indicators (2-7) must be passed to be deemed responsive. Only BIP Outreach documentation submitted under the respondent’s name will be evaluated. Therefore, submission by a third party will result in the respondent being deemed non-responsive. BIP Outreach may be completed by any Joint Venture member on behalf of the Joint Venture or under the name of the Joint Venture.
1 LEVEL OF ANTICIPATED MBE, WBE, SBE, EBE, and DVBE PARTICIPATION
The bidder has performed a BIP Outreach in an attempt to obtain sub-bid/subcontract participation by MBEs, WBEs, SBEs, EBEs, DVBEs and OBEs which could be expected by the Awarding Authority to produce a reasonable level of participation by interested business enterprises, including the MBE, WBE, SBE, EBE and DVBE anticipated percentages set forth on Page 1 herein and to have the bidder meet the subcontracting expectations for the project.
Required Documentation: No documentation is required from the bidder.
2 ATTENDED PRE-BID MEETING
The bidder attended the pre-bid meeting scheduled by the Project Manager to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived if the bidder certified it is informed as to those project requirements and has participated in a City- sponsored or City-approved matchmaking event in the prior 12 months.
Required Documentation: An employee of the bidder’s company must attend the pre-bid meeting scheduled for this project. Credit may not be given if the employee arrives late or fails to sign the pre- bid meeting attendance roster. This requirement may be waived if the bidder certifies in writing that it is informed as to the BIP Outreach requirements for the project and has participated in a City-sponsored or City-approved matchmaking event in the prior 12 months as is evidenced by the event attendance documents.
Note: If the RFB states that the pre-bid meeting is mandatory, then attendance at the pre-bid meeting is the only way to pass this indicator.
3 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS
3-9 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
The bidder has identified the minimum number, as determined by the Awarding Authority, of specific items of work that will be performed by sub-bidders/subcontractors. This will ensure an opportunity for subcontractor participation among MBEs, WBEs, SBEs, EBEs, DVBEs and OBEs.
Required Documentation: Outreach via e-mail in the selected work areas. This outreach must be performed using the BAVN’s BIP Outreach system. The outreach must be to potential MBE, WBE, SBE, EBE, DVBE, and OBE sub-bidders/subcontractors that are currently registered on the BAVN. Failure of the bidder to outreach in all of the work areas selected by the City as potential subcontracting work areas may result in the bid being deemed non-responsive.
Note: City staff will access the BAVN and verify compliance with this indicator after the BIP Outreach submission deadline.
4 WRITTEN NOTICES TO SUBCONTRACTORS
All notifications must be provided utilizing BAVN, and made not less than fifteen (15) calendar days prior to the date the Prime Bid/Proposal is required to be submitted to the Awarding Authority. In all instances, bidders must document that invitations for subcontracting bids were sent to available MBEs, WBEs, SBEs, EBEs, DVBEs and OBEs for each item of work to be performed.
Required Documentation: E-mail notification in each of the selected work areas to available MBEs, WBEs, SBEs, EBEs, DVBEs and OBEs for each anticipated work area to be performed. The notification must be performed using the BAVN’s BIP Outreach system. The notification must be to potential sub-bidders/subcontractors currently registered on the BAVN. If the bidder is aware of a potential subcontractor that is not currently registered on the BAVN, it is the bidder’s responsibility to encourage the potential subcontractor to become registered so that the bidder can include them as part of their BIP Outreach. Notifications must contain areas of work selected to be subcontracted, City of Los Angeles project name, name of the bidder, and contact person's name, address, and telephone number. Bidders are required to send notifications to a sufficient number of MBE, WBE, SBE, EBE, DVBE and OBE firms in each work area chosen, as determined by the City. What is considered sufficient will be determined by the total number of subcontractors registered on the BAVN in each specific work area.
The City will determine each work area by the North American Industry Classification System (NAICS) code. The following table shows the sufficient number of MBE, WBE, SBE, EBE, DVBE and OBE subcontractors that need to be notified for each work area.
# of Subcontractors in NAICS Code % Prime Must Notify Number Prime Must Notify 1-10 100% 1-10 11-20 80% 9-16 21-50 60% 13-30
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51-100 40% 21-40 101-200 25% 26-50 >200 10% 20+
A bidder’s failure to utilize this notification function will result in their bid being deemed non- responsive.
Note: Bidders will not be able to utilize the BAVN’s BIP Outreach notification function if there are less than fifteen (15) calendar days prior to the RFP response submittal deadline. In utilizing the BAVN’s notification function, proposers will receive a message if they have failed to outreach to a sufficient number of firms when they go to view their summary sheet. By “double clicking” on a red box containing “0*” the proposer will be taken to a list of firm(s) that will allow them to meet this requirement, as long as the notification deadline has not passed. If a proposer is not finding firms of a certain type of certification status when performing their notification search under the six (6) digit NAICS code, the proposer will need to expand their search to the five (5) digit code (i.e.: If none are listed under 236210 – Industrial Building Construction, then search under 23621 – Industrial Building Construction.) Proposers will be given an opportunity to include their own customized statements when utilizing the notification function. However, the City will take into consideration the wording and may deem a proposer non-responsive if the wording is perceived to seriously limit potential subcontractor responses. City staff will access the BAVN and verify compliance with this indicator after the RFP submission deadline. Proposers are encouraged to print their BIP Outreach summary sheet prior to logging out as documented proof of their progress. In case of technical error, please follow the process for reporting these errors as outlined in Section C.
5 PLANS, SPECIFICATIONS AND REQUIREMENTS
The bidder provided interested sub-bid enterprises/subcontractors with information about the plans, specifications and requirements for the selected sub-bid/subcontracting work.
Required Documentation: Include in Indicator No. 4, information detailing how, where and when the bidder will make the required information available to interested subcontractors. The notification must be performed using the BAVN’s BIP Outreach system.
Note: At the time a bidder utilizes the BAVN’s BIP Outreach notification function, the required information will automatically be included in the notification. Bidders will not be able to utilize the BAVN’s BIP Outreach notification function if there are less than fifteen (15) calendar days prior to the bid submittal deadline. City staff will access the BAVN and verify compliance with this indicator after the bid submittal deadline.
6 NEGOTIATE IN GOOD FAITH
The bidder has responded to every unsolicited offer sent by a Registered Subcontractor using BAVN and has evaluated in good faith bids or quotes submitted by interested MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs. Bidders must not unjustifiably reject as unsatisfactory a bid or quote offered by a
3-11 Citywide Request for Bids - BAVN BIP (Rev. 7/24/2019) Vision Zero - Phase 2D, W.O. E1908593
Registered Subcontractor, as determined by the Awarding Authority. The bidder must submit a list of all subcontractors for each item of work, including dollar amounts of potential work for MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs, and a copy of any and all bids or quotes received. This list must include an explanation of the evaluation that lead to the bid or quote being rejected and the explanation must have been communicated to the subcontractor using BAVN.
Required Documentation:
a) An online Summary Sheet organized by work area, listing the following: the bids and/or quotes received; the name of the subcontractor who submitted the bid/quote; the dollar amount of the bid/quote; a brief reason given for selection/non-selection as a subcontractor; the subcontractor selected for that work area.
b) Copies of all MBE/WBE/SBE/EBE/DVBE/OBE bids or quotes received must be submitted through the BAVN to the “BIP Supporting Documents” section of the Summary tab prior to the proposer being awarded the contract by the City.
The bidder will be given a choice of responses to indicate 1) No Response received; 2) Response received; but no subcontractor bid submitted; or 3) Submit Bid and include bid amount.
The bidder will be able to choose a preselected reason for selection/non-selection, but may also need to include further explanation in the Notes Section of the online Summary Sheet. If the proposer elects to perform a work area with its own forces and they received a sub-bid/response, they must include a bid/response that shows their own costs for the work. Also, if the proposer is not a Local Business Enterprise (LBE), but wants to participate in the Local Business Preference Program (LBPP) by utilizing Local Business Enterprise subcontractor as prescribed in the LBPP requirements of the RFP documents, a subcontractor’s LBE status can be considered a reason for selection over a non-LBE subcontractor. All bids/responses received, regardless of whether or not the proposer outreached to the subcontractor, must be submitted and included on the on-line Summary Sheet. To that extent, the City expects the proposer to submit a bid/response from each subcontractor listed on the online Summary Sheet. All potential subcontractor with whom the proposer has had contact outside of the BAVN must be documented on the online Summary Sheet.
The Summary Sheet must be performed using the BAVN’s BIP Outreach system and must be submitted by 4:30 p.m. on the calendar day following the day of the RFB response submittal deadline. If a bid/response is submitted by a firm that is not registered with the BAVN, the proposer is required to add that firm to their Summary Sheet. A bidders failure to utilize the BAVN’s Summary Sheet function will result in their RFB response being deemed non-responsive.
Note: City staff may request copies of all of the bids received from sub-bidders/subcontractors as part of the BIP Outreach evaluation process. Bidders will not be able to edit their Summary Sheet on the BAVN’s BIP Outreach Summary Sheet function after 4:30 p.m. on the first calendar day following the day of the bid submittal deadline. City staff will access the BAVN and verify compliance with the summary sheet provision of this indicator after the bid submittal deadline. Contractors are required to have each one of their bid-listed subcontractors registered on the BAVN prior to the bidder being awarded the contract. In case of technical error, bidders must follow the process for reporting these
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errors as outlined in Section D.
7 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE
Each notification by the bidder shall also include an offer of assistance to interested potential MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs in obtaining bonds, lines of credit, and insurance required by the Awarding Authority or bidder.
Required Documentation: Include in Indicator No. 4, information about the bidder's efforts to assist with bonds, lines of credit and insurance. The notification must be performed using the BAVN’s BIP Outreach notification system.
Note: At the time a bidder utilizes the BAVN’s BIP Outreach notification function, the required information will automatically be included in the notification. Bidders will not be able to utilize the BAVN’s BIP Outreach notification function if there are less than fifteen (15) calendar days prior to the bid submittal deadline. Bidders will be given an opportunity to include their own customized statements when utilizing the notification function. However, the City will take into consideration the wording and may deem a bidder non-responsive if the wording is perceived to seriously limit subcontractor responses or is deemed contrary to the intent of this indicator. City staff will access the BAVN and verify compliance with this indicator after the bid submittal deadline.
The bidders shall submit completed BIP Outreach documentation either via the BAVN’s BIP Outreach system or prior to being awarded the contract, as specified for each indicator. The Awarding Authority in its review of the BIP Outreach documentation may request additional information to validate and/or clarify that the BIP Outreach submission was adequate. Any additional information submitted after the specified deadline will be treated at a higher level of scrutiny and may require third party documentation in order to substantiate. Such information shall be submitted promptly upon request by the Awarding Authority.
E. Award of Contract
The Awarding Authority reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required BIP Outreach requirements. A positive and adequate demonstration to the satisfaction of the Awarding Authority that a BIP Outreach to include MBE, WBE, SBE, EBE, DVBE and OBE subcontractors’ participation was made is a condition for eligibility for award of the contract. Contractors are required to have each one of their subcontractors register on the BAVN prior to the award of the contract.
In the event that the Awarding Authority considers awarding away from the apparent low bidder because of the bidder’s failure to supply adequate BIP Outreach documentation, the Awarding Authority shall afford the bidder an opportunity to present further evidence to the Awarding Authority prior to a public hearing of the bidder’s BIP Outreach.
F. Subcontractors
In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors,
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the following shall apply for the purpose of this project:
1. All Subcontractors who will be working on the Project shall be approved in writing by the Awarding Authority or its designee prior to any work being performed by said subcontractor, regardless of the dollar amount of work to be performed, and whether or not they were listed in the original bid.
A. No other entity, including, but not limited to, the Project Engineer, Program Manager, or Construction Manager, is authorized to grant either initial approval of Subcontractor(s) or Subcontractor substitution(s), unless so designated by the Awarding Authority.
2. Any reduction, increase, or other change to any Subcontract amount without prior approval of the Awarding Authority or its designee is considered an Unauthorized Subcontractor Substitution and is subject to a penalty of ten (10) percent of the Subcontract amount, whether bid-listed or not. A subcontract dollar value increased or reduced as the result of a Change Order issued by the Engineer to add or delete from the original scope of work shall not be subject to a penalty for an Unauthorized Subcontractor Substitution.
A. A penalty in the amount of ten (10) percent of the subcontract amount will be assessed for each subcontractor when it is found the Contractor did not pay the entire Bid-listed and/or approved dollar amount of the respective subcontractor and there has been no approval by the Awarding Authority or its designee for a reduction in the subcontract dollar amount.
B. In the event it is found that the Contractor did not pay any of the Bid-listed and/or approved dollar amount of a subcontract without a change in scope of the original Contract, which resulted in a deletion of the subcontract work, a Change Order to the contract shall be issued deleting the unpaid dollar amount of the subcontract. In addition, the Contractor shall be penalized ten (10) percent of the subcontract amount and the City may impose sanctions as a result of such action.
3. If the contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same portion of Work to be performed under the contract in excess of one-half or 1 percent of the Contractor’s total original bid or $10,000.00, whichever is greater, the Contractor agrees that it is fully qualified to perform that portion of work itself, and that it shall perform that portion itself.
4. Subletting or subcontracting of any portion of the Work with a total value of more than ½ of 1 percent of the Contractor’s total original bid, or $10,000.00, whichever is greater, for which no Subcontractor was designated in the original Bid will be permitted only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Awarding Authority or its designee setting forth the facts constituting the emergency or necessity.
5. All requests for approval of Subcontractors must contain the following information:
A. Project Name B. Project Work Order Number C. Subcontractor’s Name
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D. Subcontractor’s Business Address E. Subcontractor’s Business Phone Number F. Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) G. Subcontractor’s State of California Contractor License Number H. Subcontractor’s City of Los Angeles Business Tax Receipt Certificate Number I. Dollar Amount of Work to be performed J. Description of Work to be performed
6. No Bid-listed Subcontractor will be approved for a dollar amount of work less than that specified in the original Bid.
7. Failure to obtain approval of the Awarding Authority or its designee in writing prior to each Subcontractor performing work on the project may result in suspension of work by that subcontractor, removal of work performed by the unapproved subcontractor, a penalty of ten (10) percent of the unapproved subcontract amount, and possible sanctions against the contractor.
8. The contractor shall set forth in its bid the following: The name, location of the place of business, telephone number, California State Contractor’s License Number, and dollar amount of each Subcontractor who will perform work, labor, service, and/or supply specifically fabricated materials or equipment in an amount in excess of one-half of 1 percent of the contractor’s total bid, or $10,000.00, whichever is greater, for all subcontractors listed.
9. It shall be considered an Illegal Subcontractor Substitution for anyone other than the bid-listed or approved subcontractor(s), including the prime contractor, to perform any portion of the work designated to be performed by said subcontractor without prior approval of the Awarding Authority or its designee. An Illegal Subcontractor Substitution is subject to a penalty of ten (10) percent of the subcontract amount, whether bid listed or not.
10. Failure of the Contractor to request and obtain approval from the Awarding Authority or its designee for a reduction in either a Bid-listed Subcontract amount or the Subcontract amount of a Subcontractor added after the date of the original Bid will result in a penalty of ten (10) percent of the Subcontract amount and possible sanctions against the Contractor.
11. Additional Subcontractors may be added after the time of the original Bid. The dollar value of Work to be performed by any additional subcontractor(s) may not be greater than ½ of 1 percent of the Contractor’s original total Bid, or $10,000.00, whichever is greater, unless the Subcontractor will be performing Work added by Change Order causing changes or deviations from the original Contract.
A. No approval(s) for additional Subcontractor(s) will be granted which will result in the Prime Participation Level falling below that required by the original Contract.
G. Subcontractor Substitution
In addition to the requirements for obtaining approval of all subcontractors prior to their working on the project, the following shall apply regarding substitution of any subcontractor, whether Bid- listed or not, during construction:
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It is considered a substitution if anyone other than the Bid-listed and/or approved Subcontractor(s), including the Contractor, performs any portion of the work designated to be performed by said Subcontractor, or if the contractor reduces the dollar amount of any subcontractor without written approval of the [Awarding Authority].
All substitutions of Subcontractors, whether bid-listed or approved after the date of the original Bid opening, shall be approved in writing by the Awarding Authority or its designee prior to any Work being performed by the substituting Subcontractor.
Failure to obtain approval for any Subcontractor substitution, regardless of the dollar amount of the work performed, may result in rejection of the affected work, a penalty of ten (10) percent of the subcontract amount, and possible sanctions against the contractor.
There shall be no decrease in dollar value of Work to be performed by Subcontractor(s) approved as a substitute for any Subcontractor, whether Bid-listed or approved after the original date of Bid opening, without a change in scope of the Work to be performed by the originally Bid-listed or approved Subcontractor. Written evidence of a change of scope must be provided by the Engineer prior to approval of a change in dollar value of a Subcontractor either Bid-listed or approved after the original date of Bid opening.
1. A Contractor whose Bid is accepted may not:
A. Reduce the dollar amount of any subcontractor without the written approval of the Awarding Authority or its designee.
B. Substitute any person as Subcontractor in place of a subcontractor listed in the original bid or approved to work on the project after award, except that the Awarding Authority or its designee may consent to the substitution of another subcontractor for one of the following situations:
a. When the subcontractor listed in the original bid or proposal or approved after award after having had a reasonable opportunity to do so fails or refuses to execute a written contract, when that written contract, based on the general terms, conditions, plans and specifications for the project involved or the terms of that subcontractor’s written bid, is presented to the subcontractor by the contractor.
b. When the subcontractor becomes bankrupt or insolvent.
c. When the subcontractor fails or refuses to perform its subcontract.
d. When the subcontractor fails or refuses to meet the bond requirements of the contractor.
e. When the contractor demonstrates to the Awarding Authority or its designee’s satisfaction that the name of the subcontractor was listed as the result of an inadvertent clerical error.
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f. When the subcontractor is not licensed pursuant to the State of California Contractor’s License Law to perform the work designated.
g. When the subcontractor refuses to obtain a City of Los Angeles Business Tax Receipt Certificate (BTRC).
h. When the Awarding Authority or its designee concurs with the contractor that the work being performed by the subcontractor is unsatisfactory and not in substantial accordance with the Contract Documents, or the subcontractor is delaying or disrupting progress of the work.
i. When the subcontractor fails to submit an Affirmative Action Plan acceptable to the Awarding Authority.
j. When the Awarding Authority determines the subcontractor is not a responsible contractor.
C. Permit a subcontract to be voluntarily assigned or transferred, or allow it to be performed by anyone other than the original subcontractor listed in the original bid or approved to perform that portion of work after award, without the consent of the Awarding Authority or its designee.
D. Other than in the performance of Change Orders causing changes or deviations from the original contract, sublet or subcontract any portion of the work in excess of 1 half of 1 percent of the contractor’s total original bid as to which its original bid did not designate a subcontractor.
2. A request for substitution of any Subcontractor, whether Bid-listed or not, must be made in writing to the Awarding Authority or its designee, and must include letter(s) of explanation as to the reason for the requested substitution.
3. The Contractor shall conduct a BIP Outreach prior to requesting any Subcontractor substitution, regardless of the status (MBE, WBE, SBE, EBE, DVBE, OBE) of the Subcontractor being substituted for.
A. The Contractor shall contact some of each of the following: certified MBE, certified WBE, certified SBE, certified EBE, certified DVBE, and OBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available, and document the following for submittal to the Awarding Authority or its designee along with all other required documentation:
a. The name of the company contacted, the contact person, telephone number, date and time of contact.
b. Response for each item of work that was solicited, including dollar amount(s).
c. Reason for selection or rejection of each sub-bid prospect.
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d. In the event the Contractor is unable to find certified MBE, certified WBE, certified SBE, certified EBE, certified DVBE and/or OBE sub-bid prospects (first from the BIP Outreach Summary Sheet, then from other outreach methods) for each trade, the Contractor is advised to contact the Awarding Authority or its designee for assistance prior to certifying under penalty of perjury that it was unable to fully meet this requirement.
B. In the event that a subcontract is reduced due to a project change that will not be specified in a Change Order, the Contractor shall request approval for reducing the Subcontract by submitting the following:
a. The name of the company for which the reduction in the Subcontract amount is requested and the dollar amount of the requested reduction.
b. The reason for the reduction. Specific details of the reason for the requested reduction are required in order for the request to be considered.
C. All documentation shall be submitted to the Awarding Authority or its designee.
a. Failure to provide all required information will result in rejection of the Substitution request until such time as all information is submitted.
D. The information required for requesting substitution of any Subcontractor, whether Bid- listed or approved after the original date of Bid opening is:
a. Project Name b. Project Work Order Number c. Original Subcontractor’s Name d. Original Subcontractor’s Business Address e. Original Subcontractor’s Business Phone Number f. Original Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) g. Letter of withdrawal from original Subcontractor (when applicable) h. Letter of explanation from the Prime Contractor stating reason(s) for request i. Substituting Subcontractor’s Name j. Substituting Subcontractor’s Business Address k. Substituting Subcontractor’s Business Phone Number l. Substituting Subcontractor’s State of California Contractor’s License Number m. Substituting Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) n. Substituting Subcontractor’s City of Los Angeles Business Tax Receipt Certificate Number (BTRC) o. Dollar amount of Work to be performed by substituting Subcontractor p. Description of Work to be performed by substituting Subcontractor q. BIP Outreach Documentation
4. Penalties:
A Contractor violating any provision(s) of this subsection shall be deemed in violation of the Contract, and the Awarding Authority at its discretion may:
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A. Cancel the Contract.
B. Assess the Contractor a penalty of not more than ten (10) percent of the amount of the Subcontract(s) involved.
5. Potential Penalties:
At the end of each construction project, before calculation of any actual final subcontracting penalties, the City may withhold as disputed funds 15% of all subcontract(s) that appear to be in violation of any subcontracting provision of the project, and 15% of all subcontract(s) which performed work on the project without, or prior to, approval by the Awarding Authority or its designee.
H. Submittal Documents
1. List of Subcontractors: Bidders will submit with their Bid the List of Subcontractors. The Bidder shall list the name, business address, business telephone, contact person and a description of work or supplies to be provided by each of the firms which will perform more than ½ of 1 percent, or $10,000, whichever is greater, of the original Bid amount on the project. This list is considered the bidder’s list of subcontractors that will be utilized on the project, and bidders are expected to use the firms, for the total dollar amounts, listed on the List of Subcontractors.
2. Subcontractors/Subcontractor Substitutions: Bidders will be required to submit this form prior to contract award. The bidder shall complete, sign, and submit this form to the Awarding Authority or its designee. A request for this form by City staff should not be construed as a recommendation for award. This form is a summary of the requirements listed under Section F. Subcontractors, and Section G. Subcontractor Substitutions, and does not supersede any of the procedures or requirements listed in those sections.
I. Sub-agreement Falsification
Falsification or misrepresentation of a sub-agreement as to company name, contract amount and/or actual work to be done by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors.
J. Final Subcontracting Report Submittal
The Contractor must submit the Final Subcontracting Report, attached as page 19, to the Awarding Authority or its designee, within fifteen (15) calendar days after the issuance of the Statement of Completion or a request for the report by the Awarding Authority, whichever comes first. Failure to comply may result in the assessment of liquidated damages in the amount of $100.00 per day by the Awarding Authority.
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SUBCONTRACTORS / SUBCONTRACTOR SUBSTITUTIONS (MUST BE SUBMITTED PRIOR TO AWARD OF A CONTRACT) Project Name ______
Work Order Number ______
Contractor ______
Acceptance by the City of Los Angeles of this Contractor’s Bid does not indicate automatic approval of the subcontractor(s) listed in the Bid-proposal.
By acknowledging with the signature of an authorized representative below, the Contractor understands that it must obtain approval for all Subcontractors, at all levels, whether Bid-Listed or not, from the Awarding Authority or its designee prior to the Subcontractor(s) performing any work on this project.
The Contractor understands that no entity other than the Awarding Authority or its designee has the authority to approve either an original request for approval or request for substitution of any subcontractor(s).
The Contractor further understands that Subcontractors approved for work on any other project for the City of Los Angeles does not constitute approval to work on this project also, and that there are no “blanket approvals” of Subcontractors for this, or any other, project.
The Contractor also understands that it may not substitute any Subcontractor, at any level, whether Bid- listed or not, without the approval of the Awarding Authority or its designee.
The Contractor understands and acknowledges that there may be a penalty assessed of no more than ten (10) percent of the subcontract amount of each Subcontractor for any of the following:
1. Failure to obtain approval for any Subcontractor(s), at any level, whether Bid-listed or not, from the Awarding Authority or its designee prior to the subcontractor(s) beginning work on the project. 2. Performing the work of any subcontractor(s) at any level, whether Bid-listed or not, without the approval of the Awarding Authority or its designee. 3. Reducing the Bid-listed and/or approved dollar amount of work to be performed by any Subcontractor(s), at any level, whether Bid-listed or not, for any reason, without the approval of the Awarding Authority or its designee. 4. Substituting for any Subcontractor(s), at any level, whether Bid-listed or not, without the approval of the Awarding Authority or its designee. 5. Assigning the work of any Subcontractor(s), at any level, whether Bid-listed or not, to anyone other than said Subcontractor, without the approval of the Awarding Authority or its designee.
______Authorized Contractor Representative (Print Name) Authorized Contractor Representative Signature
______Date
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FINAL SUBCONTRACTING REPORT (SUBMIT WITHIN 15 DAYS OF ISSUANCE OF THE STATEMENT OF COMPLETION or WHEN REQUESTED BY THE AWARDING AUTHORITY)
Project Title: Work Order No.: Contact Name: ______
Contractor: Address: ______
Name, Address and Telephone # of Bid-listed Description of MBE/WBE Original $ Final $ Reason For Discrepancy Subcontractor/Supplier/Trucker Work SBE/EBE Amount Amount (Change Order Nos. and $) DVBE/OBE
I certify that the above information is complete and correct.
______Signature Title Telephone Number Date
For City of Los Angeles use only: Final $ Amounts % Achieved % Pledged Final $ Amounts % Achieved % Pledged MBE $ EBE $
Final Contract $ WBE $ Final Contract $ DVBE $
SBE $ OBE $
Final Contract $ Total Cash Allowances Paid to Contractor $ Final Contract less Cash Allowances Paid to Contractor $ MSM $
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BID PROPOSAL
PART IV
All bidders must submit the “Disclosure Ordinances Affidavit” on BAVN. Vision Zero - Phase 2D, W.O. E1908593
PROPOSAL - PART IV
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. INSTRUCTIONS TO BIDDERS
a. Submit your bid in a sealed envelope addressed to the Board of Public Works, 200 N. Spring Street, Room 355, Los Angeles, California, 90012. All envelopes must show the project title and the bidder's name and address, with "BID ENCLOSED" indicated in bold letters, and must be received at the above address not later than the time and date designated on Page 1-1 of the bid proposal. Bidders shall use a separate sealed envelope for each bid submitted. Bidders are invited to be present for opening of bid proposals at the above address, at the time indicated above. No facsimile, telegraphic or telephonic bids, or telegraphic modifications of bids will be accepted. All supplemental material submitted by a bidder, except for the BIP Outreach Documentation, shall be submitted at the same address as the bid.
b. State in numerical figures the unit prices, lump sum prices and extensions for item totals as indicated. These shall be the prices for which you propose to supply all materials and services and perform all work required by the contract documents; including, but not limited to, plans, specifications and addenda. All items described are to be construed as complete and in place.
c. Fill in all indicated blanks on the Schedule of Work and Prices. Initial all changes. Any omission(s) will render the proposal irregular and may cause its rejection, unless the omission(s) can be calculated by the City in accordance with d. or e. below.
d. Both the Unit Price and Item Total must be entered for each bid item listed on the Schedule of Work and Prices. The amount of your bid for this proposal shall be a sum of the Item Totals for all bid items. If Unit Prices are left blank and/or Item Totals are left blank, such omissions will be evaluated in the manner set forth below:
1) In the situation when the Unit Price is left blank, but the Item Total for that item is shown, the Unit Price will be calculated by dividing the Item Total for the item by the number of units.
2) In the situation when the Unit Price is listed, but the Item Total for that item is left blank, the Item Total price for the item will be calculated by multiplying the Unit Price by the number of units.
3) In the situation when the Item Total for one item is left blank and the Unit Price for that same item is also left blank, and all other Item Totals and the Total Bid Amount have been filled in, then the value of that Item Total will be calculated by totaling all Item Totals and subtracting their value from the Total Bid Amount. Thereafter the Unit Price can be calculated as described in d.1, above, if necessary.
4) In the situation when more than one Item Total is left blank and the value of the blank items cannot be calculated in the manner described in d.2, above, the bid shall be found to be irregular and rejected as non-responsive.
Rev. 1/5/2018 4-1 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
5) In the situation when only the Total Bid Amount for the project is left blank, and/or, if in addition, any lump sum total for an item(s) is left blank, but is capable of calculation as described in d.2, above, and/or, if in addition the Unit Price of any item(s) is left blank, but is capable of calculation as described in d.1, above, then the Total Bid Amount will be calculated by the City.
e. In case of discrepancy between the Unit Price and the Item Total for a bid item, the Unit Price shall prevail. However, if the Unit Price or the Item Total is ambiguous, unintelligible, and/or identical to the entry in the Item Total column, or uncertain for any cause, then both Unit Price and the Item Total shall be considered by the City as a blank and calculated as described in d.1, d.2, d.3, or d.5, above, whenever possible. Should more than one Item Total be ambiguous, unintelligible, and/or identical to the entry in the Unit Price column, then the provisions of d.4, above, shall govern.
f. In the situation of a lump sum basis bid item, when such bid item is the only bid item on the Schedule of Work and Prices, the Total Bid Amount shall prevail in all cases. The Total Bid Amount shall be shown in figures and also spelled out (in words). If any discrepancy exists between the price in figures and the price spelled out for the Total Bid Amount, the spelled out price shall prevail. If there is a discrepancy between the Total Bid Amount shown in figures and the price spelled out is ambiguous, unintelligible or omitted, then the bid shall be found to be irregular and rejected as non-responsive.
g. By submitting a bid for this project, the City will presume that the bidder has: (1) personally visited the site where the work is to be performed and the vicinity surrounding the site where the work is to be performed prior to submitting its bid to the City; and (2) ascertained the existence of any surface or subsurface conditions affecting the cost of the work. Based upon this presumption, the bidder cannot raise or claim any additional compensation for any surface or subsurface conditions affecting the cost of the work which were obvious had the bidder visited the site where the work was to be performed and the vicinity surrounding the site where the work was to be performed. (NOTE: The Project Location listed on the first page of the Proposal indicates the map page and grid location of the project taken from the current edition of the Thomas Guide available to City staff on the date the project was advertised for bids. This is a map reference location for internal City information purposes only and any mistakes or changes caused by newer editions of the Thomas Guide shall not be considered grounds for protest. It is each bidder's responsibility to personally visit the site where the work is to be performed and ascertain its location and not rely solely upon the Project Location indicated in the Proposal).
h. Do not change the wording on any pre-printed dollar amounts on the Schedule of Work and Prices. Any additions, deletions, conditions, limitations, provisions or unbalanced bid by the bidder will render the proposal irregular and may be rejected as non-responsive.
i. A pre-printed Unit Price or Item Total on the Schedule of Work and Prices is considered an allowance or fixed cost at the time of bid. The City will use the pre-printed amounts in computing the final Total Bid Amount.
j. The City reserves the right to recalculate all Total Bid Amounts. If the City’s recalculation results in any amount that is different from the Total Bid Amount submitted by any bidder, the City's calculations shall prevail.
Rev. 1/5/2018 4-2 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
2. BID PROTEST PROCEDURES - The purpose of these procedures is to provide a method for resolving, prior to award, protests regarding the award of construction contracts by the City, by and through its Board of Public Works. These procedures are for the benefit of the City and are not intended to establish an administrative requirement which must be exhausted by the protesting bidder prior to pursuing any legal remedy which may be available. For this reason, no bidder shall have any right to due process, should the City fail to follow these procedures for any reason within its discretion. However, failure by a bidder to follow the protest procedures as discussed below will create the presumption that any subsequent legal action in a court of competent jurisdiction is of no merit. These procedures will enable the Board of Public Works to ascertain all of the facts necessary to make an informed decision regarding the award of the contract.
a. A protest relative to a particular bid must be submitted in detail and in writing and postmarked within 14 calendar days after the receipt of bids. The day of the bid receipt shall be considered as day one.
b. All protests must be addressed to: Dr. Fernando Campos, Executive Officer, Board of Public Works, 200 N. Spring St., Room 355, Los Angeles, CA 90012.
c. Advance, officially signed and dated, copies of protests will be accepted if sent via fax within the protest period to the Executive Officer, Board of Public Works at (213) 978-0278 and provided approval is received prior to sending the fax, by calling the Executive Officer at (213) 978-0262.
d. Prime Contractors are requested to advise their potential Subcontractors of this protest period policy. Furthermore, protests against a Prime Contractor by a Subcontractor with a direct financial interest which may be adversely affected by the determination of the protest may be considered by the Board of Public Works beyond the protest period.
e. The Board of Public Works will only consider protests against any bidder(s) who appears to have a substantial and reasonable prospect of receiving an award if the protest is denied or sustained.
f. Protests from agencies concerned with contract compliance matters may be considered by the Board of Public Works beyond the protest period. These protests will receive due consideration if the agency submits the protest in a timely period and such protest affects a bidder who appears to have a substantial and reasonable prospect of receiving an award if the protest is denied or accepted.
g. Protests meeting the above criteria will be analyzed and reported upon in a written report to the Board of Public Works. Protesting parties will be notified of the time and date that the written report will be discussed in a public session of the Board of Public Works. Protesting parties will be given the opportunity to present their arguments at the public session.
3. BID PACKAGE – Complete sets of bid documents, including all addenda, if issued, are available to interested parties for downloading through the City of Los Angeles Business Assistance Virtual Network (www.labavn.org).
Rev. 1/5/2018 4-3 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
If any bidders have any questions in regards to obtaining the bid documents for this project from the Los Angeles Business Assistance Virtual Network (www.labavn.org), call the Bureau of Engineering’s Plan Distribution Counter at (213) 847-0100 Monday through Friday from 9:00 a.m. to 3:00 p.m.
Bidders are advised that the Board of Public Works has not authorized any other agency, internet service, or plan room distributor other than the City of Los Angeles Business Assistance Virtual Network (www.labavn.org) to distribute or sell bid documents for this project. Bidders are therefore further advised that submission of a bid on documents other than those obtained from the City of Los Angeles Business Assistance Virtual Network may cause the bid to be deemed non- responsive.
4. STANDARD SPECIFICATIONS AND STANDARD PLANS - The Standard Specifications and Standard Plans may be purchased from Building News, Inc. (BNI), 10801 National Blvd., Los Angeles, CA 90064, or at BNI, 1612 S. Clementine St., Anaheim, CA 92802, telephone (714) 517- 0970. Standard Plans can be viewed via the internet at http://eng.lacity.org/techdocs/stdplans/.
5. CONTRACTOR'S LICENSE - Any bidder who submits a bid to the Board of Public Works must be properly licensed by the California State Contractors' License Board. Such license must be active and in good standing.
6. BID REJECTION - The Board of Public Works (Board) reserves the right to reject any or all bids and to waive any irregularities or informalities in any bid or in the bidding and to make awards in the best interest of the City.
7. BID WITHDRAWALS - After bids have been opened and declared, no bid shall be withdrawn, except with the consent of the Board of Public Works and only then if a bidder can demonstrate to the satisfaction of the Board that a mistake was made in accordance with the following:
a. The bidder gave the Board written notice of the mistake within five working days after the opening of the bids, specifying in the notice in detail how the mistake occurred.*
b. The mistake made the bid materially different than the bidder intended it to be.
c. The mistake was made in filling out the bid and not due to an error in judgement or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
d. Supporting documentation, including original material, is submitted with the request to withdraw notice to the Board. Should additional clarification information and/or documentation be necessary, the bidder must respond to the request within two (2) working days after receiving notification from the Board of the need for such information and/or documentation.
e. Mistakes involving substitution of the listed Subcontractors are detailed elsewhere in these specifications under Subletting and Subcontractors.
f. The bidder acknowledges that should their request to withdraw be granted by the Board, it is with the understanding that the Board will not accept a bid from them on this project should there be a need to rebid it.
*(All written notices to the Board of Public Works shall be addressed to: Dr. Fernando Campos, Executive Officer, Board of Public Works, 200 N. Spring St., Room 355, Los Angeles, CA 90012.
Rev. 1/5/2018 4-4 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
8. SIGNATURE SHEET AND AFFIDAVIT (PAGE 1-4) - Each proposal must have thereon, or attached thereto, the affidavit of the bidder that such proposal is genuine, and not sham or collusive, or made in the interest or in behalf of any person not therein named; and that the bidder has not directly, or indirectly, induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding; and that the bidder has not in any manner sought, by collusion, to secure for himself an advantage over any other bidder.
Any bid not accompanied by, or which is made without such affidavit, or in violation thereof, will not be considered and is rejected as a matter of law. If the bidder is a corporation, said affidavit must be signed by a duly authorized officer or officers of the corporation in accordance with d. below. Any bidder making a false affidavit may be excluded from future bidding.
Proper Required Signature(s) for Bidder (Note - Failure to provide the proper required signature(s) for contract documents with bid may render the bid non-responsive):
a. Individual (Individual DBA [Name of Company], Etc.): Individual must sign.
b. Partnership: One general partner must sign.
c. Joint Venture: All joint venturers must sign, by an individual authorized to sign for each joint venturer.
d. Corporation: 1) Two signatures: One by chairman of Board of Directors, President, or a Vice President and one by Secretary, Assistant Secretary, Chief Financial Officer or an Assistant Treasurer.
2) One signature: An authorized officer or agent may sign for on behalf of a corporation; provided, the City is furnished a certified copy of the Board of Directors Resolution or minutes of the Board of Directors meeting authorizing such person to execute the documents on behalf of the corporation. This certified copy must be certified by the Secretary or Assistant Secretary of the Corporation and the signature of the Secretary or Assistant Secretary must be affirmed by a notary jurat.
9. BID GUARANTEE AND BOND - Each bid must be accompanied by a check certified by a bank with an office in the City of Los Angeles and insured by the FDIC, or a cashier's check issued by a bank insured by the FDIC and with an office in the City of Los Angeles, payable to the order of said city, for an amount not less than 10 percent of the aggregate sum of the bid, or by a bid bond issued by a corporate surety authorized to issue such bonds in the State of California and listed by the Department of the Treasury, Financial Management Service, Circular 570 of Corporate Sureties Acceptable on Federal Bonds, and so payable as a guarantee that the bidder will enter into the proposed contract if the bidder is awarded the contract. The Board of Public Works requires that a forfeiture bid bond be submitted with all bids. Therefore, if the City’s bid form is not used, the bidder must ensure that the bond submitted allows for the forfeiture of 10% of the bid amount in the event the selected bidder fails to go forward with the project. If the bond requires the City to show damages, or restricts the recovery of 10% of the bid in any way, the bid will not be accepted. The Bid Bond must be signed by both the bidder (see note 8 for proper required signature(s) for bidders) and the Surety and the signature of the Surety must be notarized. Failure to provide proper required signature(s) with bid may render the bid non-responsive. The bid guarantee shall be effective for a period of three months from the date bids are opened and Rev. 1/5/2018 4-5 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
declared. Forfeiture shall not preclude recovery of any sum over and above the amount posted or guaranteed, to which the City sustains damage because of default. If the successful bidder executes the contract and furnishes all necessary bonds within five (5) days after award, any check accompanying the successful bid will be returned. Checks accompanying unsuccessful bids will be returned upon award and execution of the contract or upon expiration of three (3) months from date of bid opening, whichever occurs first.
If a Bid Bond is submitted on a form other than Page 1-5 in the proposal, the bond may not be acceptable.
The successful bidder shall also provide two good and sufficient surety bonds after notification of award. The Payment Bond and Performance Bond shall each be for 100 percent of the contract price (See Note 11 below).
NOTE: Bonds may also be obtained from an insurance company with a Certificate of Authority from the California Insurance Commissioner authorizing the company to write surety insurance within the State of California.
10. AWARD OF CONTRACT - Bids shall not be withdrawn after they are opened and declared except as noted in Item 7, above. Bids shall be subject to acceptance by the Board of Public Works for a period not to exceed three (3) months. Award of contract will be to the lowest responsible, responsive bidder whose proposal complies with all the requirements prescribed in the bid documents.
11. CONTRACT EXECUTION - The successful bidder shall provide two good and sufficient surety bonds. The Payment Bond and Performance Bond shall each be for 100% of the contract price. It is the intention of the Board of Public Works to issue a Notice to Proceed for this project as expeditiously as possible. Therefore, it is requested that acceptable bonds and insurance documents be submitted within five (5) working days after award to the Executive Officer of the Board of Public Works, 200 N. Spring St., Room 355, Los Angeles, CA 90012. If the successful bidder fails to enter into the awarded contract and to supply the necessary faithful performance bond within thirty days after the award, then the sum posted in cash or by certified or cashier's check or guaranteed by the bid bond is forfeited to the City.
12. COMMENCEMENT AND COMPLETION OF WORK - The work must be completed within the allowed number of days specified on Page 1-1 of this proposal. Unless otherwise provided, the contract time shall commence upon the date of issuance of the Notice to Proceed. The contract duration includes time necessary for the contractor to mobilize for the project.
13. CONTRACTOR DEVELOPMENT AND BONDING PROGRAM (CDBP) - Administered by the Office of the City Administrative Officer, Risk Management, for all City departments, the CDBP is designed to assist in removing the barriers of surety bonding by providing technical and administrative assistance to local, small and minority businesses who would not otherwise be able to provide, on their own, the necessary bid, payment, and performance bonds to successfully bid and compete for City business opportunities.
For information on the CDBP please contact Merriwether and Williams Insurance Services, at (213) 258-3000 or online at www.lacondev.com or www.imwis.com, or go to the City’s Risk Management website at http://cao.lacity.org/risk.
Rev. 1/5/2018 4-6 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
14. SUBMISSION OF FORMS TO THE CITY'S OFFICE OF CONTRACT COMPLIANCE
a. "Ethnic Composition of Work Force Report" shall be submitted monthly for all time worked on the project.
b. Certified weekly payroll records shall be submitted, to the City's Office of Contract Compliance by the Prime Contractor and all Subcontractors performing work on the project, regardless of dollar amount or type of contract. These payroll records shall be submitted to the Office of Contract Compliance, 1149 S. Broadway, Suite 300; Los Angeles, CA 90015.
c. “Monthly Subcontracting/Trucking Verification” shall be submitted monthly for all time worked on the project.
d. “Enhanced Electrical Safety Verification”, when required by the specifications, shall be submitted prior to the start of any electrical work at the jobsite.
These forms will be supplied to the successful bidder. The period covered shall be from the time work starts until all work is completed on the project. Failure to submit said certified payrolls on time may result in the withholding of progress or retention payments to the Prime Contractor and the assessment of penalties as set forth in the California Labor Code.
15. PREVAILING WAGES - Any contract awarded hereunder will require the Contractor to comply with the provisions of the Labor Code of the State of California, relating to Public Works wages. These provisions require the Contractor to pay not less than the "General Prevailing Wage Rates" to all workers employed in the execution of the contract and to post a copy of the "General Prevailing Wage Rates" at the job-site, in a conspicuous place available to all employees and applicants for employment.
The "General Prevailing Wage Rates" shall be those rates as determined by the Director of the Department of Industrial Relations of the State of California. Copies of these rates are on file in the Office of Contract Compliance, Bureau of Contract Administration, telephone (213) 847-1922.
Information regarding prevailing wage rates may be obtained from the Division of Labor Statistics and Research, Prevailing Wage Unit, P.O. Box 420603, San Francisco, CA 94142, Telephone (415) 972-8628, Fax (415) 972-8640.
The following categories are covered under prevailing wage laws:
. Offsite truck hauling, . Geotechnical/geological work, . Inspection, and . Testing work
16. JOBSITE WORKERS
Apprentices and “Journeymen”
1) All apprentices must be registered in a State of California Approved Apprenticeship Program.
Rev. 1/5/2018 4-7 Vision Zero - Phase 2D, W.O. E1908593 GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
2) The use of “journeymen” must comply with all State of California labor laws.
Rev. 1/5/2018 4-8 Vision Zero - Phase 2D, W.O. E1908593 Senate Bill 854
1. All contractors and subcontractors who bid, or work on a public works project must register with the state and pay an annual fee of $300.00 to the Department of Industrial Relations (DIR). In order to register, contractors must have valid workers compensation insurance; they must not have any outstanding assessments owed to either the state or any other warding body, or to any workers; and they cannot be debarred on any list (either federal, state, or local).
2. No contractor or subcontractor may be listed on a bid proposal (submitted on or after March 1, 2015) for a public works project unless they are registered with the DIR pursuant to Labor Code Section 1725.5.
3. No contractor or subcontractor may be awarded a contract on a public works project (awarded on or after April 1, 2015) unless they are registered with the DIR pursuant to Labor Code Section 1725.5.
4. No contractor or subcontractor may work on a contract on a public works project (bid on or after March 1, 2015, or awarded on or after April 1, 2015) unless they are registered with the DIR.
5. An awarding body may not accept a bid or enter into a contract for public works with an unregistered contractor.
6. The DIR maintains a current list of registered contractors at: https://efiling.dir.ca.gov/PWCR/Search.action.
7. While the new law does require that all contractors and subcontractors must furnish electronic certified payroll records (ECPR) directly to the Labor Commissioner’s Office, contractors and subcontractors working on City of Los Angeles public works projects (as well as those working for three other select awarding bodies, and projects covered by qualifying project labor agreements) are exempt from this requirement. (Note: Any contractor working on a project for a City department or agency which does not utilize the Bureau of Contract Administration’s services must submit their payrolls through the state’s ECPR system to the Labor Commissioner’s Office and submit the project to the state for monitoring and enforcement. The new law will apply to any project awarded by a City department for constriction, alteration, installation, demolition, maintenance, or repair.
8. Violation of the requirements mandated by SB 854 will result in any public works contract entered into with any contractor or subcontractor who has not registered being subject to cancellation.
9. A contractor who fails to pay the renewal fee on or before the expiration of the prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for the public work until they are once again registered. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. (If the original renewal fee was $300.00, the total amount for renewal including the penalty renewal fee would be $600.00.)
10. If the renewal fee is paid subsequent to 90 days, the contractor will be eligible to bid on public works projects again only if they pay an additional nonrefundable penalty registration fee of $2,000.00 in addition to the annual registration fee (if the original renewal fee was $300, the total amount for renewal including the penalty renewal fee would be $2,300.00). Vision Zero - Phase 2D, W.O. E1908593 Form Gen. 146 (Rev. 3/09)
Required Insurance and Minimum Limits
Name: Date: 10/24/2019
Agreement/Reference: Vision Zero - Phase 2D Project (Traffic improvement at 30 separate intersections) Evidence of coverages checked below, with the specified minimum limits, must be submitted and approved prior to occupancy/start of operations. Amounts shown are Combined Single Limits ("CSLs"). For Automobile Liability, split limits may be substituted for a CSL if the total per occurrence equals or exceeds the CSL amount. Limits ✔ Workers' Compensation - Workers' Compensation (WC) and Employer's Liability (EL) WC Statutory EL $1,000,000 ✔ Waiver of Subrogation in favor of City Longshore & Harbor Workers Jones Act
✔ General Liability City of Los Angeles must be named as additional insured $5,000,000
✔ Products/Completed Operations Sexual Misconduct Fire Legal Liability
Automobile Liability (for any and all vehicles used for this contract, other than commuting to/from work) $1,000,000
Professional Liability (Errors and Omissions)
Discovery Period 12 Months After Completion of Work or Date of Termination
Property Insurance (to cover replacement cost of building - as determined by insurance company)
All Risk Coverage Boiler and Machinery Flood Builder's Risk Earthquake
Pollution Liability
Surety Bonds - Performance and Payment (Labor and Materials) Bonds 100% of the contract price
Crime Insurance
Other: a. $6 Million aggregate limit per project b. $5 Million Umbrella policy required c. If the contractor maintains limits higher than those indicated on Form Gen. 146 for this contract, the City of LA shall be entitled to coverage for the higher limits maintained by the contractor Vision Zero - Phase 2D, W.O. E1908593
STIPULATED UNIT PRICES FOR ENGINEER'S ESTIMATE
SCHEDULE OF LOS ANGELES DEPARTMENT OF TRANSPORTATION STIPULATED UNIT PRICES AND HOURS
These stipulated unit prices and hours shall be used for the adjustment of contract changes. If the work is not covered by the stipulated unit prices then the unit price and hours may be determined at the discretion of the Engineer. Unless otherwise specified, the following prices are for work and materials complete and in place, including all labor, incidental costs, traffic control, restoration, all direct and indirect costs. Updated: 7/10/19
* WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
REMOVE AND DISPOSE EXISTING FOUNDATION: F-1 & F-8 $235.00 2.0 F-2 $355.00 3.0 F-7 $200.00 1.0 F-12A $385.00 2.0 F-332 (Formerly F-170) $600.00 2.0 F-5, 6, OR 14 (Bureau of Street Lighting (BSL)) $600.00 3.0 CIDH PILE TYPE 18-26 $2,000.00 5.5 TYPE 27-29 $2,200.00 5.0
REMOVE TRAFFIC SIGNAL STANDARD: TYPE 1, 9 (excl. heads) $200.00 1.5 TYPE 7, 8 (excl. pushbutton/cabinet) $100.00 1.0 CD953 $300.00 2.0 TYPE 2, 3, 5 (w/mast arm only) $450.00 3.0 TYPE 16 (w/mast arm only) $450.00 2.0 TYPE 17 (w/mast arm only) $600.00 2.0 TYPE 18 (w/mast arm only) $900.00 3.0 TYPE 19 (w/mast arm only) $1,000.00 3.0 TYPE 24 (w/mast arm only) $1,200.00 4.0 TYPE 26 (w/mast arm only) $1,200.00 4.0
REMOVE 15’ or 20’ MAST ARM ONLY $400.00 2.0 REMOVE TRAFFIC SIGNAL HEAD (1-way to 3-way) $120.00 1.0 REMOVE EXISTING CONTROLLER/CABINET $350.00 2.5 REMOVE PEDESTRIAN PUSHBUTTON (4 for $110.00) $40.00 1.0 REPLACE PEDESTRIAN PUSHBUTTON SIGN (4 for $110.00) $40.00 1.0
INSTALL TRAFFIC SIGNAL HEAD (vehicle, bicycle & pedestrian, labor only) + WIRING $300.00 3.0 INSTALL TRAFFIC SIGNAL HEAD (M.A.; 4 & 5 sect.; High mount, labor only) + WIRING $400.00 3.5 INSTALL SERVICE RISER (down to service pullbox) $600.00 2.0 INSTALL GROUND ROD/CLAMP $120.00 0.5
INSTALL FOUNDATION: F-1 $400.00 2.0 F-2 $1,200.00 3.0 F-7 $300.00 2.0 F-8 $400.00 2.0 F-12A $800.00 2.0 F-332 $1,200.00 2.0 CD953 (See BSL Price) - -
Page 1 of 9 7/10/2019 Vision Zero - Phase 2D, W.O. E1908593
WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
INSTALL FOUNDATION: CIDH PILE TYPE 16-29 (100 MPH pole) $4,500.00 5.0 C-1 and C-2 Camera (100 MPH pole) $5,000.00 5.0 Type 60-61 (100 MPH pole) $8,000.00 7.0
INSTALL TRAFFIC SIGNAL STANDARD: Type 1 or 9 $1,400.00 2.0 Type 7, 8, or 8A $1,000.00 1.0 CD953 $3,400.00 3.0 Type 16 (100 MPH) with mast arm $5,000.00 2.0 Type 17 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $5,500.00 2.5 Type 18 (100 MPH) with mast arm $5,200.00 4.0 Type 19 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $6,100.00 4.5 Type 23 (100 MPH) with mast arm $6,200.00 4.5 Type 24 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $6,700.00 4.5 Type 26 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $8,500.00 5.0 Type 27 (100 MPH) with mast arm $8,100.00 5.0 Type 28 (100 MPH) with mast arm $9,888.00 5.0 Type 29 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $12,000.00 5.0 Type C-1 (100 MPH) Camera pole, luminaire arm, luminaire & lamp, Camera $15,500.00 4.5 Type C-2 (100 MPH) Camera pole with mast arm, luminaire arm, luminaire & lamp, $19,100.00 5.5 Camera Type 60 (100 MPH) with mast arm $35,000.00 7.0 Type 61 (100 MPH) with mast arm, luminaire arm, luminaire & lamp $42,100.00 7.0 Davit (40 feet) (100 MPH) with 25' mast arm, luminaire arm, luminaire & lamp, refer to $8,000.00 5.5 the latest BSL Standard Plan
INSTALL LED TRAFFIC SIGNAL HEAD WITH CONDUCTORS: 3 section 8” (R,Y,G) TV-1-T $900.00 2.0 3 section 8” (R,Y,G) SV-2-T or TV-2-T $1,400.00 2.0 3 section 12” (R,Y,G) TV-1-T $900.00 2.0 3 section 12” (R,Y,G) SV-2-T or TV-2-T $1,500.00 2.0 3 section 12” (R,Y,G) MAS MOUNT $1,100.00 2.0 3 section 12” (RA,YA,GA) MAS MOUNT $1,100.00 2.0 4 section 12” (R,Y,G,GA) TV-1-T $1,150.00 2.0 4 section 12” (R,Y,G,GA) SV-1-T $1,200.00 2.0 4 section 12” (R,Y,G,GA) MAS MOUNT $1,350.00 2.0 5 section 12” (R,Y,G,YA,GA) CLUSTER $1,400.00 2.0 5 section 12” (R,Y,G,YA,GA) TV-1-T or SV-1-T $1,400.00 2.0 3 section 12” (R,Y,G) PV $2,500.00 2.0 4 section 12” (R,Y,G) PV $2,700.00 2.0 FOR ALL ANGLED VISORS ADD: $150.00 - FOR ALL MASKS ADD: $150.00 -
INSTALL PEDESTRIAN HEAD TP-1-T OR SP-1-T $1,300.00 2.0 INSTALL PEDESTRIAN HEAD TP-2-T OR SP-2-T $2,100.00 2.0
INSTALL PEDESTRIAN PUSHBUTTON $300.00 1.5 INSTALL ACCESIBLE PEDESTRIAN SIGNAL (APS) $1,250.00 2.5
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
INSTALL PULLBOX (PB): PB-2 - CONCRETE $600.00 3.0 PB-3 - CONCRETE $700.00 3.0 PB-2 - COMPOSITE (Bureau of Street Lighting) $900.00 3.0 PB-3 - COMPOSITE (Bureau of Street Lighting) $1,100.00 3.0 DOUBLE DEEP PB-3 $1,100.00 4.0 PB-6T (STEEL COVER) $1,400.00 4.0 SPECIAL PB (TERRAZZO SIDEWALK) $2,200.00 5.0 24" x 36" x 18" COMPOSITE PB $1,100.00 6.0 30" x 48" x 18" COMPOSITE PB $1,500.00 7.5 SPLICE BOX TYPE I (VAULT) $2,500.00 7.5 RELOCATE PULLBOX (PB): PB-2 UP TO 10’ AT INTERSECTION; EXTEND CONDUITS $3,200.00 6.0 PB-3 UP TO 10’ AT INTERSECTION; EXTEND UP TO 4 CONDUITS $3,400.00 6.5 PB-3 UP TO 10’ AT INTERSECTION; EXTEND MORE THAN 4 CONDUITS $4,000.00 7.5
TEMPORARY SIGNAL EQUIPMENT: Controller (labor only) $1,200.00 4.0 Standard including signal heads & overhead wires $2,200.00 2.0 Standard including signal heads, mast arm & overhead wires $2,500.00 3.0
JOIN & EXTEND CONDUIT WITH: PB-2 (w/o sweeps) $1,200.00 5.0 PB-2 (w/ sweeps) $1,450.00 6.0 PB-3 (w/o sweeps) $1,700.00 5.0 PB-3 (w/ sweeps) $2,500.00 6.0 INSTALL SWEEPS UNDER CURB & GUTTER: 2” PVC (up to 2 cond. in & 2 cond. out) $1,200.00 2.0 3” PVC (up to 2 cond. in & 2 cond. out) $1,300.00 2.0 CHIP INTO BSL FOUNDATION AND INSTALL CONDUIT $1,000.00 2.0
INSTALL 332 / 336 CONTROLLER / CABINET (w/wire) (Labor Only) $2,900.00 6.0 INSTALL 351 / 352 / 356 / 357 CONTROLLER / CABINET (w/wire) (Labor Only) $3,850.00 10.0 INSTALL 2070 CONTROLLER / 332 CABINET (w/wire, COMPLETE ASSEMBLY) $17,600.00 5.0 INSTALL 2070 CONTROLLER / 336 CABINET (w/wire, COMPLETE ASSEMBLY) $17,400.00 5.0 INSTALL 2070 CONTROLLER / 357 CABINET (w/wire, COMPLETE ASSEMBLY) $19,500.00 7.0 INSTALL 2070 CONTROLLER / 356 CABINET (w/wire, COMPLETE ASSEMBLY) $23,000.00 7.0 INSTALL 2070 CONTROLLER / 351 CABINET (w/wire, COMPLETE ASSEMBLY) $27,000.00 7.0 INSTALL 2070 CONTROLLER / 352 CABINET (w/wire, COMPLETE ASSEMBLY) $32,000.00 7.0
INSTALL BATTERY BACKUP SYSTEM CABINET (w/wire) $14,320.00 10.0 INSTALL FUSE HOLDER AND FUSE (60 Amp) $100.00 0.5 INSTALL 100 AMP FUSE DISCONNECT $120.00 0.5
INSTALL DETECTOR+BICYCLE LOOP WITH UP TO 50’ HOME RUN (6’ Dia.) $670.00 1.5 INSTALL BICYCLE LOOP WITH UP TO 50’ HOME RUN (3’ or 4’ Dia.) $660.00 1.5 INSTALL DETECTOR+BICYCLE LOOP WITH HOME RUN (6’ x 8’ Ea.) $780.00 2.0 INSTALL BUS DETECTOR LOOP AT MIDBLOCK WITH HOME RUN (Half Roadway) $850.00 3.5 INSTALL BUS DETECTOR LOOP AT MIDBLOCK WITH HOME RUN (Full Roadway) $2,000.00 5.0 INSTALL BUS DETECTOR LOOP AT INTERSECTION WITH HOME RUN (Half Roadway) $2,000.00 7.0 INSTALL BUS DETECTOR LOOP AT INTERSECTION WITH HOME RUN (Full Roadway) $3,000.00 7.0 INSTALL DETECTOR LOOP STUB-OUT (Curb & Gutter) $1,500.00 2.5 INSTALL DETECTOR LOOP STUB-OUT (42” from Curb face) $1,500.00 2.5 INSTALL DETECTOR LOOP STUB-OUT (up to 48”) $1,600.00 2.5 (ANY ADDITIONAL LENGTH ADD $50 per linear foot)
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
TRENCH EXCAVATION (LESS THAN 400 FEET), UP TO 2 CONDUITS (per linear foot) in: ASPHALT ROADWAY $35.00 8 hrs. per 500' CONCRETE ROADWAY $47.00 8 hrs. per 500' ASPHALT-COVERED CONCRETE ROADWAY $58.00 8 hrs. per 500' DIRT WITH SLURRY BACKFILL $18.00 8 hrs. per 500' TRENCH EXCAVATION (400 FEET AND LONGER), UP TO 2 CONDUITS (per linear foot) in: ASPHALT ROADWAY $32.00 8 hrs. per 500' CONCRETE ROADWAY $43.00 8 hrs. per 500' ASPHALT-COVERED CONCRETE ROADWAY $57.00 8 hrs. per 500' DIRT ROADWAY WITH SLURRY BACKFILL $16.00 8 hrs. per 500' FOR T-TRENCH AND PAVEMENT RESTORATION ON ASPHALT CONCRETE STREETS (per linear foot), refer to the latest Bureau of Engineering Standard Plan $45.00 8 hrs. per 250' No. S-477, and ADD:
INSTALL CONDUIT (in open trench): 1” PVC CONDUIT (per linear foot) $4.00 - 1.5” PVC CONDUIT (per linear foot) $4.50 - 2” PVC CONDUIT (per linear foot) $5.50 - 3” PVC CONDUIT (per linear foot) $7.50 - 2” GALVANIZED CONDUIT (per linear foot) $12.00 - 3” GALVANIZED CONDUIT (per linear foot) $14.50 -
INSTALL CONDUIT IN BRIDGE OPENING (including exploration) 3” PVC CONDUIT (per linear $180.00 - foot) ATTACH CONDUIT TO BRIDGE RAILING 3” GALVANIZED CONDUIT (per linear foot) $45.00 -
PREPARE / EXCAVATE JACKPIT + RESTORATION $2,000.00 6.0 (Dimensions Approx. 13’ long, 36” deep (min.), 30” wide (min.))
INSTALL CONDUIT (Jacking) (LESS THAN 400 FEET): 1” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $43.00 8 hrs. per 150' 1.5” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $48.00 8 hrs. per 150' 2” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $50.00 8 hrs. per 150' 2” GALVANIZED COND., (per linear foot) CROSSING $55.00 8 hrs. per 150' 3” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $49.00 8 hrs. per 150' 3” GALVANIZED COND., (per linear foot) CROSSING $60.00 8 hrs. per 150' INSTALL CONDUIT (Jacking) (400 FEET AND LONGER): 1” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $40.00 8 hrs. per 150' 1.5” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $40.00 8 hrs. per 150' 2” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $43.00 8 hrs. per 150' 3” GALVANIZED COND., (per linear foot) SIDEWALK & STREET $54.00 8 hrs. per 150'
INSTALL CONDUIT (Directional Boring) @ 8 HOURS PER 500 FEET (Including bore pit) *** (Additional Conduits at $10/ft)/per 1” PVC COND., (per linear foot) SIDEWALK & STREET $43.00 conduit (Additional Conduits at $10/ft)/per 2” PVC COND., (per linear foot) SIDEWALK & STREET $44.00 conduit (Additional Conduits at $10/ft)/per 2” PVC COND., (per linear foot) CROSSING $58.00 conduit (Additional Conduits at $10/ft)/per 3” PVC COND., (per linear foot) SIDEWALK & STREET $40.00 conduit (Additional Conduits at $10/ft)/per 3” PVC COND., (per linear foot) CROSSING $60.00 conduit (Galvanized Conduit is an additional $8 per linear foot, regardless of size)
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
INSTALL CONDUIT (Lateral) @ 4 HOURS PER 10 FEET (Additional Conduits at $10/ft)/per 1" to 2” PVC COND., (per linear foot) SIDEWALK $80.00 conduit (Additional Conduits at $10/ft)/per 3” PVC COND., (per linear foot) SIDEWALK $85.00 conduit *** Required minimum depth of 22” for sidewalk and 30” for street. Additional $8 per linear foot for installation under flood control channel and $15 per linear foot for installation under railroad tracks.
JUMPERS BETWEEN TWO PULLBOXES (Any size conduit)(10’ & Under) $300.00 1.0
WORK DESCRIPTION (Materials, Equip., Splicing, and Labor) PRICE HRS.
INSTALL CONDUCTORS (IN NEW OR EXISTING CONDUIT) ** 6-PAIR INTERCONNECT CABLE, (per linear foot) $2.50 1 hr. per 100' 12-PAIR INTERCONNECT CABLE, (per linear foot) $3.25 1 hr. per 100' 25-PAIR INTERCONNECT CABLE, (per linear foot) $4.00 1 hr. per 100' 1-PAIR BUS DETECTOR LEAD-IN CABLE(DLC), (per linear foot) $2.00 1 hr. per 100' 2-PAIR DETECTOR LEAD-IN CABLE(DLC), (per linear foot) $2.10 1 hr. per 100' 3-PAIR DETECTOR LEAD-IN CABLE(DLC), (per linear foot) $2.20 1 hr. per 100' 4-PAIR DETECTOR LEAD-IN CABLE(DLC), (per linear foot) $2.60 1 hr. per 100' 3-CONDUCTOR CABLE(5x #14), (per linear foot) $1.65 1 hr. per 100' 5-CONDUCTOR CABLE (5x #14), (per linear foot) $2.05 1 hr. per 100' 5-CONDUCTOR CABLE (APS) (5x #14), (per linear foot) $2.25 1 hr. per 100' 9-CONDUCTOR CABLE(8x #14; 1x #10), (per linear foot) $2.35 1 hr. per 100' 13-CONDUCTOR CABLE(12x # 14; 1x #10), (per linear foot) $2.65 1 hr. per 100' 28-CONDUCTOR CABLE(27x #14; 1x #10), (per linear foot) $5.85 1 hr. per 100' CCTV CABLE, (per linear foot) $5.00 1 hr. per 100' NO. 6 SERVICE WIRE (2 WIRES), (per linear foot) $4.00 1 hr. per 100' NO. 8 SERVICE WIRE (2 WIRES), (per linear foot) $3.75 1 hr. per 100'
FIBER OPTIC SINGLEMODE CABLE (6 Strand, w/fusion splices every 6,500 ft) (per (Additional fusion $2.00 1 hr. per 100' linear foot) splices = $1,200) FIBER OPTIC SINGLEMODE CABLE (12 Strand, w/fusion splices every 6,500 ft) (Additional fusion $2.50 1 hr. per 100' (per linear foot) splices = $1,400) FIBER OPTIC SINGLEMODE CABLE (24 Strand, w/fusion splices every 6,500 ft) (Additional fusion $3.00 1 hr. per 100' (per linear foot) splices = $1,500) FIBER OPTIC SINGLEMODE CABLE (48 Strand, w/fusion splices every 6,500 ft) (Additional fusion $3.50 1 hr. per 100' (per linear foot) splices = $1,600) FIBER OPTIC SINGLEMODE CABLE (96 Strand, w/fusion splices every 6,500 ft) (Additional fusion $4.50 1 hr. per 100' (per linear foot) splices = $1,800)
REPLACE SINGLE-CONDUCTOR CABLES WITH 28-CONDUCTOR CABLE IN $12.00 1 hr. per 100' EXISTING CONDUIT (per linear foot) (ADD 20% TO PRICE TO INSTALL CONDUCTORS IN CONDUIT CONTAINING EXISTING CONDUCTORS)
WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
PLATE RENTAL (each), PER DAY $25.00 - TRANSIT SENSOR UNIT (Each) $600.00 2.0 HARNESS (Transit sensor to controller) $40.00 1.5 REROUTE CONDUIT AROUND FOUNDATION (2-CONDUCTORS) $300.00 2.0 REROUTE CONDUIT AROUND FOUNDATION (MORE THAN 2-CONDUCTORS) $500.00 4.0
GEOMETRIC WORK: REMOVE 4” SOLID SINGLE LINE, PLASTIC (per linear foot) $1.30 0.1 REMOVE 4” BROKEN SINGLE LINE, PLASTIC (per linear foot) $0.70 0.1 REMOVE 6” SOLID SINGLE LINE, PLASTIC (per linear foot) $2.00 0.1 REMOVE 6” BROKEN SINGLE LINE, PLASTIC (per linear foot) $0.70 0.1 REMOVE DOUBLE 4” SOLID LINE, PLASTIC (per linear foot) $3.65 0.1 REMOVE 8” SOLID BARRIER LINE, PLASTIC (per linear foot) $2.55 0.1 REMOVE 12” LIMIT LINE, PLASTIC (per linear foot) $4.00 0.1 REMOVE 24” CONTINENTAL X-WALK (per linear foot, not including Limit Line) $7.70 2.0 REMOVE CURB MARKINGS (per linear foot) $4.40 0.1
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE HRS.
REMOVE ELEPHANT TRACKS/ CAT TRACKS (per linear foot) $0.70 0.1 REMOVE STRAIGHT ARROW PAVEMENT MARKING, PLASTIC (Each) $58.30 0.3 REMOVE LEFT/RIGHT ARROW PAVEMENT MARKING, PLASTIC (Each) $55.00 0.3 REMOVE DOUBLE HEAD ARROW PAVEMENT MARKING, PLASTIC (Each) $100.10 0.3 REMOVE MESSAGE, PLASTIC (per letter) $24.20 0.3 REMOVE BIKE LANE SYMBOL (Each) $220.00 0.3 REMOVE RXR W/O BARS (Each) $198.00 0.3 REMOVE RAISED PAVEMENT MARKER (Each) $3.30 0.3 INSTALL GREEN BIKE LANES (ENDURABLEND) (per square foot) $7.70 0.2 INSTALL GREEN BIKE LANES (MMAX) (per square foot) $8.80 0.1 INSTALL GREEN BIKE LANES (PRE-MARK VIZIGRIP) (per square foot) $15.40 0.3 INSTALL 4” SOLID SINGLE LINE, PLASTIC (per linear foot) $0.70 0.1 INSTALL 4” BROKEN SINGLE LINE, PLASTIC (per linear foot) $0.55 0.1 INSTALL 6” SOLID SINGLE LINE, PLASTIC (per linear foot) $0.90 0.1 INSTALL 6” BROKEN SINGLE LINE, PLASTIC (per linear foot) $0.80 0.1 INSTALL DOUBLE 4” SOLID LINE, PLASTIC (per linear foot) $2.20 0.1 INSTALL 8” SOLID BARRIER LINE, PLASTIC (per linear foot) $2.00 0.1 INSTALL 12” LIMIT LINE, PLASTIC (per linear foot) $5.00 0.1 2.0 per INSTALL 24” CONTINENTAL X-WALK (per linear foot, not including Limit Line) $9.90 crossing INSTALL CURB MARKINGS (per linear foot) $2.20 0.1 INSTALL ELEPHANT TRACKS (per linear foot) $1.10 0.1 INSTALL CAT TRACKS (per linear foot) $0.60 0.1 INSTALL STRAIGHT ARROW PAVEMENT MARKING, PLASTIC (Each) $121.00 0.1 INSTALL LEFT/RIGHT ARROW PAVEMENT MARKING, PLASTIC (Each) $121.00 0.1 INSTALL DOUBLE HEAD ARROW PAVEMENT MARKING, PLASTIC (Each) $176.00 0.1 INSTALL ARROW, LANE DROP (Each) $253.00 0.1 INSTALL MESSAGE, PLASTIC (per letter) $55.00 0.1 INSTALL BIKE LANE SYMBOL (Each) $440.00 0.2 INSTALL RXR W/O BARS (Each) $385.00 0.3 INSTALL BUS LANE MESSAGE (Each) $550.00 0.3 (Striping work shall not exceed the proportional cost of work of the above stipulated unit prices) MOBILIZATION (For Engineer's Estimate Only) $3,000.00
MISCELLANEOUS WORK: INSTALL PEDESTRIAN / CURB RAMP (INCL. TRUNCATED DOMES) (Each) (For TYPICAL CURB RAMPS, refer to the latest Bureau of Engineering Standard $8,000.00 - Plan No. S-442) TRUNCATED DOMES (Each) $690.00 2.0 INSTALL STREET NAME SIGN (Labor only) (Each) $230.00 1.0 INSTALL BIKE BOXES (Each) $805.00 1.0 INSTALL BIKE RACKS (Each) $517.50 2.0 INSTALL POST (Each) $172.50 0.5 INSTALL SIGN & POST (Labor only) (Each) $287.50 1.0 INSTALL SIGN (Labor only) (Each) $143.75 0.5 REMOVE SIGN (Each) $143.75 0.5 REMOVE SIGN & POST (Each) $287.50 1.0 REMOVE + RELOCATE PARKING METER POST (Each) $575.00 1.0 REMOVE PARKING METER (Each) $345.00 0.5 RELOCATE STREET NAME SIGN (Each) $230.00 1.5 ADJUSTMENT OF PULLBOX TO GRADE (Each) $316.25 2.0 INSTALL K-71 SELF RE-ERECTING POST (36” WHITE) (Each) $288.00 0.4
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ADDITIONS OR DELETIONS TO EQUIPMENT PURCHASES SPECIFIED IN THE EXHIBITS SHALL BE COMPUTED AS FOLLOWS:
ADDITIONS: INVOICE PRICE + TAX + SHIPPING + MARKUP DELETIONS: EXHIBIT PRICE + TAX + SHIPPING + MARKUP MARKUP FOR ADDITIONS OR DELETIONS OF EQUIPMENT (PER PURCHASE): 15%
Night/Weekend work - Labor charges shall be in accordance with union scales. Equipment, tools, and materials shall have the same rates as daytime work.
* The hours indicated in HRS. column shall be used to adjust the contract period as follows: Contract period adjustment in calendar or working days = ((Total Hours Added) - (Total Hours Deleted) ) / 24 ** If more than one cable is pulled in a conduit at the same time, only material cost + 20% handling fee for the additional cables will be compensated. + Additional Potholes for exploration, including restoration: $500 each
STREET WORK STIPULATED UNIT PRICES
WORK DESCRIPTION (Materials, Equip. & Labor) PRICE UNIT
REMOVALS AND HAULAWAY: BITUMINOUS PVMT: PER INCH OF THICKNESS $0.50 SF CONC. PVMT., SIDEWALK, GUTTER OR DWY. 5" THICK OR LESS $5.00 SF REINF. CONC. PVMT.,12" THICK OR LESS, PER INCH OF THICKNESS $1.70 SF REINF. CONC. PVMT., MORE THAN 12" THICK, PER INCH OF THICKNESS $1.60 SF INTEGRAL CONC. CURB AND GUTTER, INCL. ANY CURB ARMOR, CURB BAR, $16.00 LF OR REINF. STEEL CONC. CURB, INCL. ANY CURB ARMOR, CURB BAR, OR REINF. STEEL $12.00 LF TREES, PER INCH OF DIAMETER MEASURED 18" ABOVE GROUND $37.00 IN SAW CUT ASPHALT/CONCRETE, UP TO 8" $6.80 LF CONCRETE DRIVEWAYS/INTERSECTION GUTTER $5.00 SF CONCRETE BUS PAD $7.50 LF DECORATIVE STEEL FENCE, SALVAGE $24.00 LF CURB DRAIN $15.00 LF DEMO PLANTING AREA $1.50 SF PEDESTRIAN / CURB RAMP $1,000.00 EA STORM DRAIN MANHOLES $2,000.00 EA 18” RCP $100.00 LF SIDE OPENING CATCH BASIN $2,750.00 EA REMOVE CONCRETE INFILL IN TREE WELLS $550.00 EA REMOVE 3’ HIGH CMU WALL + FOOTING $50.00 LF AC PAVEMENT AND RESURFACING (INSTALLATION): 4" THICK $5.60 SF 6" THICK $8.40 SF 8" THICK $10.50 SF TEMPORARY, FOR TRENCHES $4.00 SF VARIABLE THICKNESS AC PVMT $4.00 SF COLD PLANE AC $1.50 SF CONCRETE PAVEMENT, SIDEWALK, DRIVEWAY (INSTALLATION): 3" TO 8" THICK $10.00 SF BUS PAD 8” THICK, 90 LF $20.00 SF CONCRETE SIDEWALK, #3 + #25 TOPCAST $9.00 SF HEADER BOARD: 2" x 4" $2.60 LF 2" x 6" $3.20 LF ROCK, GRAVEL, SAND PRODUCTS: CRUSHED AGGREGATE $62.00 CY ROCK OR CRUSHED AGGREGATE, 100 CU. YD. MAX $68.00 CY SAND FOR BEDDING OR BACKFILL $44.00 CY CRUSHED MISCELLANEOUS BASE (CMB) $100.00 CY
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE UNIT
SEWERS AND STORM DRAINS: CURB DRAIN $50.00 LF 6” VCP HC, AVG. DEPTH 8’ $200.00 LF 6” VCP WYE (WITH END CAP) $100.00 EA RECONSTRUCTION OF 8” TO 12” MH STUB, INCL. RECONSTRUCTION OF MH $2,000.00 EA CHANNEL SDL. CONNECTION OF 6” VCP HC TO 8” THRU 18” VCP INCL. “Y” OR “T” SDL., $400.00 EA CORING, AND CEM. MORTAR COLLAR, BUT EXCLUDING HC ADJUSTMENT OF MH TO GRADE – LESS THAN 1' (STD. PLAN S-137-0) $1,000.00 EA ADJUSTMENT OF MH TO GRADE – 1' OR MORE (STD. PLAN S-137-0) $1,200.00 EA 18” RCP STORM DRAIN (1750-D) AVERAGE DEPTH 5’-8’ $300.00 LF 15” RCP STORM DRAIN AVERAGE DEPTH 5’-8’ $225.00 LF RECONNECTION OF 6” VCP HC TO 8” THRU 18” VCP POST REPLACEMENT $1,900.00 EA JUNCTION STRUCTURE “A” D+B, =<40” $4,500.00 EA JUNCTION STRUCTURE “A” D+B, =<60” $5,500.00 EA STORM DRAIN STRUCTURE, PIPE TO PIPE, D+B, =<40” $4,000.00 EA STORM DRAIN STRUCTURE, PIPE TO PIPE, D+B, =<60” $4,500.00 EA SEAL WITH 8” BRICK + MORTAR $1,000.00 EA STORM DRAIN MANHOLE $1,000.00 EA LOCAL DEPRESSION $1,500.00 EA CATCH BASIN W=7FT (DEPTH = per foot) $1,800.00 FT MISCELLANEOUS: CONC. FOR PIPE BEDDING $200.00 CY CONC. FOR STRUCTURES, NOT INCL. FORMS $330.00 CY FORMS FOR CONC. STRUCTURES $10.00 SF REINFORCING STEEL $1.50 LB CONC. CURB, TYPE "A", "C", "D", OR “E” (STD. PLAN S-410-2) $56.00 LF CONC. GUTTER, 6"-8" THICK $42.00 SF INTEGRAL CONC. CURB AND GUTTER, B=6" TO 8" (STD. PLAN S-410-2) $65.00 LF INTEGRAL CONC. CURB FOR CASE 3 OR CASE 4 DWY. (STD. PLAN S-440-3) $23.00 LF CONC. DRIVEWAY AND SIDEWALK (4"-8") FOR ANY CONC. MIX $17.00 SF RELOCATE WATER METERS $2,000.00 EA
STREET LIGHTING WORK STIPULATED UNIT PRICES
WORK DESCRIPTION (Materials, Equip. & Labor) PRICE UNIT
FOUNDATIONS: FOUNDATION (CD903, B-2559) $1,169.55 EA FOUNDATION (CD929, B-3281) $863.65 EA FOUNDATION (CD951, B-12491) $863.65 EA FOUNDATION (CD953, B-3685) $863.65 EA FOUNDATION (CD954, L-103-0) $1,051.10 EA FOUNDATION (CD960, L-104-0) $1,051.10 EA FOUNDATION (40’ DAVIT) $1,370.00 EA FOUNDATION (CD803, B-3141) $729.10 EA FOUNDATION (CD808, B-3144) $831.45 EA FOUNDATION (CD814A,B,C, B-3279) $810.75 EA FOUNDATION (CD814D,E, B-3279) $953.35 EA FOUNDATION (CD851, B-3655) $793.50 EA FOUNDATION (CD852, D-19193) $807.30 EA FOUNDATION (CD855, B-3655) $952.20 EA (Includes cap, excavation, all bends, and restoring surface to match adjacent surface)
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WORK DESCRIPTION (Materials, Equip. & Labor) PRICE UNIT
MISCELLANEOUS: RELOCATE POLE WITH ARM, LUMINAIRE & LAMP $634.00 EA NEW FOUNDATION CAP $96.00 EA 15 AMP FUSE KIT (INCLUDES CARTRIDGE FUSE) $54.00 EA 30 AMP FUSE KIT (INCLUDES CARTRIDGE FUSE) $71.00 EA #4 AWG STRANDED WIRE $3.90 LF #6 AWG STRANDED WIRE $3.35 LF #8 AWG SOLID COPPER WIRE (5,000V) $3.30 LF #8 AWG STRANDED WIRE $3.25 LF #10 AWG SOLID WIRE $3.20 LF
LANDSCAPING STIPULATED UNIT PRICES
WORK DESCRIPTION (Materials, Equip. & Labor) PRICE UNIT
TREE ROOT PRUNING / SHAVING (UP TO 12" DIAMETER) $750.00 EA TREE CANOPY PRUNING $1,306.00 EA TREE REMOVAL (6" TO 24" DIAMETER) $1000.00 EA TREE REMOVAL (OVER 24" DIAMETER) $3,600.00 EA 24" BOX SIZE TREE (FURNISH AND PLANT) $978.00 EA ROOT CONTROL BARRIER (FURNISH AND INSTALL) $242.00 EA WATER TREE (UP TO 30 GALLONS / WEEK) FOR TWO MONTHS $748.00 EA PLANT CALIFORNIA FAN PALMS $8,000.00 EA DG TREE WELLS $270.00 EA EXCAVATION & REPLACEMENT OF SOIL FOR NEW TREE - 4X8X3' DEEP $300.00 EA EXCAVATION & REPLACEMENT OF SOIL AT PLANTER AREA – 18” DEEP $3.50 SF METAL TREE WELL GRATES (REMOVE AND REINSTALL) $220.00 EA
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HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 CENTRAL DISTRICT
DOWNTOWN LOS ANGELES AREA:
Vision Zero - Phase 2D, W.O. E1908593
OTHER HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 CENTRAL DISTRICT
STREET LIMITS
Alvarado Street Glendale Blvd. to Hollywood Fwy. Barham Boulevard Cahuenga Blvd. to South Coyote Cyn Rd. Beverly Boulevard La Brea Ave. to San Vicente Blvd. Broadway (North) Mission Rd. to Interstate 5 Cahuenga Boulevard Santa Monica Blvd. to Lankershim Blvd. Cesar E Chavez Avenue Interstate 5 to Evergreen Ave. Colorado Boulevard Figueroa St. to Glendale City Boundary Crenshaw Boulevard Pico Blvd. to Vernon Ave. Crescent Heights Boulevard Sunset Blvd. to San Vicente Blvd. Fairfax Avenue Melrose Ave. to Olympic Blvd. Figueroa Street Avenue 50 to York Blvd. Figueroa Street Colorado Blvd. to Neola St. First Street Soto St. to Highway 101 Fletcher Drive Interstate 5 to Glendale Blvd. Franklin Avenue Western Ave. to Highland Ave. Eaglerock Boulevard Colorado Blvd. to Yosemite Dr. Glendale Boulevard Glendale Fwy. to Alvarado St. Glendale Boulevard Fletcher Dr. to Silverlake Blvd. Glendale Boulevard Glenfeliz Blvd. to Glendale City Boundary Highland Avenue Hollywood Fwy. to Santa Monica Blvd. Hollywood Boulevard Sunset Blvd. to La Brea Ave. Huntington Drive Van Horne Ave. to Eastern Ave. Hyperion Avenue Rowena Ave. to Tracy St. La Brea Avenue Franklin Ave. to Coliseum St. La Cienega Boulevard Romaine St. to Rodeo Rd. Larchmont Boulevard Melrose Ave. to 1st St.
Vision Zero - Phase 2D, W.O. E1908593
OTHER HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 CENTRAL DISTRICT (cont’d)
STREET LIMITS
Los Feliz Boulevard Western Ave. to Glendale City Boundary Martin Luther King, Jr. Boulevard Norton Ave. to Marlton St. Melrose Avenue Vermont Ave. to Croft Ave. Obama Boulevard La Cienega Blvd. to Jefferson Blvd. Olympic Boulevard Alvarado St. to Crenshaw Blvd. Pico Boulevard Crenshaw Blvd. to La Cienega Blvd. Robertson Boulevard Beverly Blvd. to Venice Blvd. (partly WLA) San Fernando Road State Highway 2 to City of Glendale San Vicente Boulevard Beverly Blvd. to 3rd St. Santa Monica Boulevard Sunset Blvd. to City of West Hollywood Soto Street Cesar E Chavez Ave to Olympic Blvd Sunset Boulevard Elysian Park Ave. to Havenhurst Dr. Vermont Avenue Franklin Ave. to Adams Blvd. Vine Street Hollywood Blvd. to Melrose Ave. Washington Boulevard Alameda St. to San Pedro St. Western Avenue Franklin Ave. to Exposition Blvd. Wilshire Boulevard Grand Ave. to City of Beverly Hills York Boulevard Avenue 57 to Avenue 49 3rd Street La Brea Avenue to City of Beverly Hills 6th Street Alvarado St. to Western Ave. 8th Street Alvarado St. to Western Ave.
Vision Zero - Phase 2D, W.O. E1908593
HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 WEST LOS ANGELES DISTRICT
STREET LIMITS
Abbot Kinney Blvd. Washington Blvd. to Main St. Airport Boulevard La Tijera Blvd. to Century Blvd. Avenue of the Stars Santa Monica Blvd. to Pico Blvd. Aviation Boulevard Arbor Vitae St. to 116th St. Barrington Avenue Sunset Blvd. to Barrington Pl. Bundy Drive La Grange Ave. to Pico Blvd. Centinela Avenue Venice Blvd. to Culver Blvd. Century Boulevard La Cienega Ave. to Sepulveda Blvd. Century Park East Santa Monica Blvd. to Pico Blvd. Century Park West Santa Monica Blvd. to Olympic Blvd. Constellation Boulevard Century Park East to Century Park West Culver Boulevard L.A. County Boundary to Vista Del Mar Ln. Gayley Avenue Le Conte Ave. to Wilshire Blvd. Glendon Avenue Wellworth Ave. to Weyburn Ave. Jefferson Boulevard Mesmer Ave. to Culver Blvd. La Cienega Boulevard Romaine St. to Rodeo Rd. La Tijera Boulevard Manchester Blvd. to Sepulveda Blvd. La Tijera Boulevard Knowlton St. to La Cienega Blvd. Le Conte Avenue Gayley Ave. to Hilgard Ave. Lincoln Boulevard (State Hwy 1) Navy St. to Manchester Blvd. Main Street Santa Monica City Boundary to Grand Blvd. Manchester Avenue Aviation Blvd. to Kentwood Ave. Manning Avenue Motor Ave. to National Blvd. Midvale Avenue Wilshire Blvd. to Ashton Ave. Mindanao Way Lincoln Blvd to Alla Rd. Motor Avenue Manning Ave. to Venice Blvd. National Boulevard Venice Blvd. to Motor Ave.
Vision Zero - Phase 2D, W.O. E1908593
HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 WEST LOS ANGELES DISTRICT (cont’d)
STREET LIMITS
National Boulevard San Diego Fwy. to 200' W/O Sawtelle Blvd. Olympic Boulevard City of Beverly Hills to the City of Santa Monica Overland Avenue Pico Blvd. to Washington Blvd. Pacific Avenue Navy St. to Anchorage St. Pico Boulevard Crenshaw Blvd. to Centinela Ave. Robertson Boulevard Beverly Blvd. to Venice Blvd. Santa Monica Blvd. (State Hwy 2) City of Beverly Hills to City of Santa Monica San Vicente Boulevard Beverly Blvd. to 3rd St. San Vicente Boulevard Federal Avenue to Bundy Dr. Sawtelle Boulevard Ohio Ave. to Pico Blvd. Sepulveda Boulevard Sunset Blvd. to Imperial Hwy. Sunset Boulevard Kenter Ave. to San Diego Fwy. Sunset Boulevard Chautauqua Blvd. to Temescal Cyn Rd. Venice Boulevard Strongs Dr. to Ocean Front Walk Veteran Avenue Weyburn Ave. to Ohio Ave. Washington Boulevard Lincoln Blvd. to Pacific Ave. Westwood Boulevard Le Conte Ave. to National Blvd. Wilshire Boulevard City of Beverly Hills to City of Santa Monica
Vision Zero - Phase 2D, W.O. E1908593
HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 VALLEY DISTRICT
STREET LIMITS
Barham Boulevard Cahuenga Blvd. to South Coyote Cyn. Rd. Cahuenga Boulevard Lankershim Blvd. to Santa Monica Blvd. Cahuenga Boulevard Chandler Blvd. to Whitnall Hwy. Cedros Avenue Roscoe Blvd. to Parthenia St. Chase Street Lennox Ave. to Cedros Ave. Chatsworth Street Yarmouth Ave. to Lindley Ave. Corbin Avenue Parthenia St. to Plummer St. Erwin Street Topanga Cyn Blvd. to Owensmouth Ave. Erwin Street Colfax Ave. to Laurel Canyon Blvd. Fallbrook Avenue Sylvan St. to Vanowen St. Foothill Boulevard East City Boundary to Fenwick St. Foothill Boulevard Arroyo St. to Polk St. Hamlin Street Laurel Canyon Blvd. to Saint Clair Ave. Hazeltine Avenue Riverside Dr. to Ventura Blvd. Kester Avenue Saticoy St. to Raymer St. Kittridge Street Laurel Cyn. Blvd. to Saint Clair Ave. Lankershim Boulevard Ventura Blvd. to Hart St. Laurel Canyon Boulevard Mulholland Dr. to Sherman Way Magnolia Boulevard Vineland Ave. to 170 Fwy. Nordhoff Street Corbin Ave to Wilbur Ave Owensmouth Avenue Oxnard St. to Vanowen St. Oxnard Street Topanga Cyn. Blvd. to Owensmouth Ave. Parthenia Street Van Nuys Blvd. to Sepulveda Blvd. Plummer Street Tampa Ave. to Corbin Ave. Radford Avenue Oxnard St. to Erwin St. Raymer Street Kester Ave. to Sepulveda Blvd. Reseda Boulevard Lassen St. to San Jose St. Rinaldi St. Porter Valley Dr. to Avenida Aldea
Vision Zero - Phase 2D, W.O. E1908593
HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 VALLEY DISTRICT (cont’d)
STREET LIMITS
Riverside Drive Woodman Ave. to Van Nuys Blvd. Roscoe Boulevard DeSoto Ave. to Farralone Ave. San Fernando Mission Boulevard Ruffner Ave. to Amestoy Ave. Sepulveda Boulevard Valley Vista Blvd. to Brand Blvd. Sherman Way Vineland Ave. to Shoup Ave. Shirley Avenue Nordhoff St. to Plummer St. Sunland Boulevard Foothill Blvd. to 210 Fwy. Tampa Avenue Parthenia St. to Rinaldi St. Tobias Avenue Roscoe Blvd. to Parthenia St. Topanga Canyon Blvd. Nordhoff St. to Ventura Blvd. Van Nuys Boulevard Valley Vista Blvd. to Parthenia St. Vanowen Street Canoga Ave. to Lena Ave. Ventura Boulevard Lankershim Blvd. to Shoup Ave. Victory Boulevard Royer Ave. to the City of Burbank Woodman Avenue Ventura Blvd. to Riverside Dr. Zelzah Avenue Kingsbury St. to Tribune St.
Vision Zero - Phase 2D, W.O. E1908593
HOLIDAY SEASON EXCAVATION RESTRICTIONS 2019 HARBOR DISTRICT
STREET LIMITS
Anaheim Street Alameda St. to Figueroa St. Avalon Boulevard Pacific Coast Hwy. to "F" St. Beacon Street 6th St. to 9th St. Capitol Drive 500' E/o Western Ave. to Western Ave. Gaffey Street Summerland Ave. to 19th St. Harbor Boulevard 5th Street to Crescent Ave Miner Street Crescent to 22nd Street Pacific Avenue Oliver St. to Hamilton Ave. Pacific Coast Highway (State Hwy 1) Eubank Ave. to Western Ave. Park Western Drive 600' E/O Western Ave. to Western Ave. Sampson Way Harbor Blvd to 22nd Street Western Avenue Capitol Dr. to Summerland Ave. Western Avenue 25th St. to 600' N/o 25th St. Western Avenue 1,200' N/O Westmont Dr. to Westmont Dr. Weymouth Avenue 7th St. to 9th St. 5th Street Harbor Blvd. to Gaffey St. 6th Street Harbor Blvd. to Gaffey St. 7th Street Harbor Blvd. to Gaffey St. 8th Street Averill Ave. to Weymouth Ave. 9th Street Pacific Ave. to Meyler St. 25th Street 800' E/O Western Ave. to Moray Ave.
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PROPOSAL
BOARD OF PUBLIC WORKS MANDATORY SUBCONTRACTING MINIMUM (MSM) PROGRAM FOR USE ON CITY-FUNDED CONSTRUCTION CONTRACTS GREATER THAN $100,000.00
A. General This project is subject to the policies and requirements established in the City of Los Angeles, Department of Public Works subcontracting outreach policy. The Department is committed to maximizing subcontracting opportunities in the provision of all goods and services to the Department on a contractual basis. Bidders should be fully informed of the requirements of the Mandatory Subcontracting Minimum Program, set forth herein. Failure to comply with the program’s requirements may render the bid non-responsive.
B. Mandatory Subcontracting Minimum Participation Level To be eligible for award of this project the Board of Public Works requires the bidder to subcontract a minimum percentage of its bid to any qualified available subcontractor, and list all subcontractors, regardless of bid amount, that the bidder wishes to be credited toward achieving the required Mandatory Subcontracting Minimum (MSM). The Board of Public Works Mandatory Subcontracting Minimum (MSM) requirement is listed in the Important Notice of the Proposal. Failure to list the subcontractors and subcontracting amounts with the bid on the forms provided in the Proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Public Works as non-responsive.
C. Definitions
1. Subcontractor: An individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials or equipment. 2. Subcontract: For the purpose of this program, the term “Subcontract” denotes an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 3. Vendor and/or supplier: A firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment.
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4. Manufacturer: A firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor.
5. Broker: A firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services.
D. MSM Participation Recognition
MSM percentage for this project is stated in the Important Notice. MSM will be calculated after subtracting the Fixed Price Items designated in the Schedule of Work and Prices from the Total Bid Amount.
1. Work performed by a prime contractor will not be considered for credit toward the MSM participation level.
2. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies.
3. MSM credit for a vendor who substantially alters materials/supplies and/ or is a manufacturer will be 100 percent.
4. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services.
5. MSM credit shall not be given to a joint venture partner listed as a subcontractor by a joint venture bidder.
6. MSM credit shall not be given for a sole source subcontractor, supplier, or vendor, manufacturer listed for a Fixed Price Item.
7. MSM credit shall not be given for a bid-listed subcontractor, supplier, or vendor that is not performing a commercially useful function. The firm must publicly engage in, as its principal business, and its own name, the labor, materials or equipment, manufacturer, supplier, or brokerage for which it is listed.
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Board of Public Works "ZERO SANITARY SEWER OVERFLOWS" Policy
(Adopted by the Board of Public Works on 1/10/2011)
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Important Notice Section
This project has been identified for submission of certified payrolls through the Department of Public Works Bureau of Contract Administration’s Online Certified Payroll System (OCPS). The OCPS is a web based program that will allow contractors to submit certified payrolls electronically. Contractors (of any tier) will be required to submit their certified payrolls through the OCPS. Contractors (of any tier) shall be responsible for maintaining certified copies of payroll records as required by law (§ 1776 of the California State Labor Code). The prime contractor shall be responsible for ensuring that all their subcontractors regardless of tier to submit certified payrolls through OCPS. Training for OCPS will be provided by the BCA during the second Wednesday of each month. For further questions, please email the OCPS Help Desk at [email protected] .
The General Conditions of the Master Specifications should be revised to say as follows
The certified payrolls and the Statement of Compliance....regardless of dollar amount or type of contract. Certified payrolls must be submitted using the prescribed methods identified in the bid specifications.
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CITY OF LOS ANGELES EQUAL BENEFITS ORDINANCE (Los Angeles Administrative Code Section 10.8.2.1)
1. What is the Equal Benefits Ordinance?
The Equal Benefits Ordinance (EBO) requires that City contractors who provide benefits to employees with spouses must provide the same benefits to employees with domestic partners.
2. What types of agreements are covered by the Ordinance?
The Ordinance covers any City agreement over $5,000. This includes agreements for grants, services, the purchase of goods, construction, and leases.
3. When does the Ordinance become applicable?
The original Ordinance became effective on January 1, 2000. The original Ordinance was applicable mostly to service contracts and leases of City property. However, in February 2003, the Ordinance was amended to also cover competitively bid contracts such as construction and procurement contracts. Because of the amendment, the Ordinance applies to competitively bid contracts amended after April 1, 2003 and competitive bids released after May 1, 2003.
4. Are agreements entered into before the effective date of the Ordinance affected?
In general, agreements executed prior to January 1, 2000 become subject to the Ordinance if they are amended, modified, or renewed after January 1, 2000. For competitively bid agreements, the Ordinance becomes applicable if they are amended, modified, or renewed after April 1, 2003. At the time of amendment, modification, or renewal, the awarding authority must incorporate the requirements of the Ordinance into the agreement.
5. Who is covered by the Ordinance?
The Ordinance applies to the following:
• Any contractor that has an agreement with the City. • All of the City contractor’s other operations located within the City limits, even if those operations are not involved in the City agreement. • Any of the contractor’s operations if it is on property owned by the City, or on property that the City has a right to occupy. • The contractor’s employees located elsewhere in the United States but outside of the City limits if those employees are performing work on the subject City agreement.
Equal Benefits Ordinance Summary (Rev. 06/06) Page 1
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6. What is a covered contractor required to do under the Ordinance?
The Ordinance requires the contractor to:
• Certify that equal benefits will be provided to employees with spouses and to employees with domestic partners. • Post a copy of the following statement in an area frequented by employees: “During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners.” • Allow the City access to records so that the City can verify compliance with the Ordinance.
7. Are subcontractors also covered?
This depends on when the prime contractor’s agreement with the City became subject to the Ordinance. If the prime contractor’s agreement with the City became subject to the EBO between January 1, 2000 and March 31, 2003, subcontractors working on the agreement are subject to the requirements of the EBO. If the prime contractor’s agreement with the City became subject to the EBO after April 1, 2003, subcontractors working on the agreement are not subject to the EBO.
8. What benefits are included?
The Ordinance applies to all benefits offered by an employer. This includes, for example, bereavement leave, family medical leave, medical, dental, and vision benefits, membership or membership discounts, moving expenses, travel and relocation benefits, and retirement plans.
9. How does the Ordinance define a “domestic partner”?
“Domestic partner” means any two adults, of the same or different sex, who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing this registration, or with an internal registry maintained by the employer of at least one of the Domestic Partners.
10. What if the actual cost to a contractor of providing a benefit to an employee’s domestic partner is more than the cost of providing the benefit to an employee’s spouse?
In that case, the contractor may require that the benefit will be provided to the employee’s domestic partner only if the employee agrees to pay for the extra cost of the benefit. The contractor may do the same if the actual cost to the employer of providing a benefit to an employee’s spouse is more than the cost of providing the benefit to an employee’s domestic partner.
Equal Benefits Ordinance Summary (Rev. 06/06) Page 2
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11. What happens if a contractor is found to be in violation of the Ordinance?
The City may take the following steps:
• The contractor may be deemed to be in material breach of the City agreement. • The agreement may be canceled, terminated, or suspended, in whole or in part. • The City may also retain money due to the contractor • The contractor may be deemed a non-responsible bidder and disqualified from contracting with the City under the Contractor Responsibility Ordinance. • The City may pursue other legal remedies.
12. What happens if a subcontractor is found to be in violation of the Ordinance?
Because the contractor is responsible for making sure that all its subject subcontractors comply with the Ordinance, the enforcement actions listed in the previous answer may be applied to the contractor if the subcontractor is found to be in violation. See the response to question number seven regarding which subcontractors are subject to the EBO.
13. Are there any exceptions or waivers to the Ordinance?
An awarding authority may apply to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) for a waiver in the following situations:
• The contractor is the only provider of a needed good or service. • The contractor is the only bidder or contractor willing to enter into an agreement with the City for use of City property. • The agreement is necessary to respond to an emergency situation that endangers the public health or safety, and no contractor that complies with the law is immediately available. • The agreement involves specialized litigation as certified by the City Attorney’s Office. • The contractor is a public entity providing a good, service, or access to real property that is not available from any other source. • The contractor is a public entity and the good or service is necessary to serve a substantial public interest • The application of the Ordinance would conflict with the terms or conditions of a grant agreement with a public agency. • The agreement is essential to the City or the City’s residents and no other contractor that complies with the Ordinance is available. • The agreement is for a bulk purchasing agreement through City, federal, state, or regional entities that reduce the City’s purchasing cost. • The agreement involves the investment of certain types of monies, or instances in which the City will incur a financial loss that would violate the Treasurer’s or City Administrative Officer’s fiduciary duties.
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14. What if a contractor is subject to a collective bargaining agreement?
The Ordinance does not apply to a collective bargaining agreement (CBA) that was in effect prior to the Ordinance becoming applicable to the Contractor. However, in order to contract with the City, the contractor must agree that if the CBA is subsequently amended, extended, or otherwise modified, the contractor will propose to the union that the requirements of the Ordinance be incorporated into the CBA. If the contractor agrees to do so, the contractor may be granted Provisional Compliance status allowing the contractor to begin working on the City agreement. When the Provisional Compliance status expires, the contractor must verify for the City the steps taken to come into compliance with the EBO.
15. Who is responsible for administering and enforcing the requirements of the Ordinance?
The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-1922, or go to the OCC website at bca.lacity.org.http://bca.lacity.org.
16. Where can a domestic partnership be registered?
Many governmental agencies offer domestic partnership registries. Two local governmental entities that offer such registries include the County of Los Angeles and the City of West Hollywood.
Los Angeles County Couples may file a Statement of Domestic Partnership with the Los Angeles County Department of Registrar-Recorder/County Clerk. The County registry is available to same sex and different sex couples. Couples must both be 18 years of age or older and at least one partner must reside or work within Los Angeles County.
For additional information, contact the Registrar-Recorder/County Clerk at (562) 462- 2060. The Los Angeles County Department of Registrar-Recorder/County Clerk webpage at http://www.lavote.net/clerk/Domestic_Partnership.cfm contains information on where to file a Statement of Domestic Partnership and forms that can be downloaded.
City of West Hollywood Couples may apply for Domestic Partnership registration with City of West Hollywood’s Office of the City Clerk. The City of West Hollywood registry is available to couples of the same and different sex. The couple need not work in nor reside in West Hollywood to register.
For additional information, couples may contact the City of West Hollywood’s Office of the City Clerk at (323) 848-6332. The City of West Hollywood’s website at www.weho.org contains information on Domestic Partnership status and forms that can be downloaded.
Equal Benefits Ordinance Summary (Rev. 06/06) Page 4
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Municipal Lobbying Ordinance
♦♦♦Los Angeles Municipal Code §§ 48.01 et seq.
Effective January 30, 2013
Prepared by
City Ethics Commission
CEC
Los Angeles
200 North Spring Street, 24th Floor Los Angeles, CA 90012 (213) 978-1960 TTY (213) 978-2609 http://ethics.lacity.org
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Los Angeles Municipal Lobbying Ordinance TABLE OF CONTENTS
SEC. 48.01 Title and Findings...... 1
SEC. 48.02 Definitions ...... 1
Activity expense ...... 1 Agency ...... 1 At the behest ...... 2 Attempting to influence ...... 2 City official ...... 2 Client ...... 2 Compensated services ...... 2 Controlled committee ...... 2 Direct communication ...... 2 Donation ...... 3 Elective city officer ...... 3 Elective officer ...... 3 Fundraiser ...... 3 Fundraising activity ...... 3 Host or sponsor ...... 3 Lobbying activities ...... 3 Lobbying entity ...... 3 Lobbying firm ...... 3 Lobbyist ...... 4 Lobbyist employer ...... 4 Major filer ...... 4 Municipal legislation ...... 4 Person ...... 5 Solicit ...... 5
SEC. 48.03 Exemptions...... 6
SEC. 48.04 Prohibitions...... 7
SEC. 48.05 Record Keeping Responsibilities ...... 7
SEC. 48.06 Registration/Disclosure Forms ...... 8
SEC. 48.07 Registration...... 8
SEC. 48.08 Disclosure Reports ...... 10
SEC. 48.08.5 Copies of Solicitations ...... 16
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SEC. 48.08.6 Lobbying Disclosure – Political Contributions ...... 16
SEC. 48.08.7 Lobbying Disclosure – Fundraising Activity ...... 17
Sec. 48.08.8 Lobbying Disclosure – Written Communications to Neighborhood Councils ...... 18
SEC. 48.09 Compliance Measures and Enforcement...... 19
SEC. 48.10 Ethics Commission Reports...... 21
SEC. 48.11 Severability...... 21
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Los Angeles Municipal Lobbying Ordinance
Municipal Lobbying Ordinance Los Angeles Municipal Code Chapter IV, Article 8 Repealed and Re-added by Ordinance No. 169916, effective 8/10/94.
SEC. 48.01. Title and Findings deceive officials through false communications, do not place City A. Title. This Article shall be known and officials under personal obligation to may be cited as the Los Angeles themselves or their clients, and do Municipal Lobbying Ordinance. not represent that they can control the actions of City officials. B. Findings. The following findings are adopted in conjunction with the 6. It is in the public interest to adopt enactment of this Article: these amendments to the City's regulations of lobbyists to ensure 1. City Government functions to serve adequate and effective disclosure of the needs of all citizens. information about efforts to lobby City government. 2. The citizens of the City of Los History: Angeles have a right to know the Amended by Ord. No. 169916, effective 8/10/94. identity of interests which attempt to influence decisions of City government, as well as the means SEC. 48.02. Definitions employed by those interests. The following terms used in this Article 3. All persons engaged in shall have the meanings set forth below. compensated lobbying activities Other terms used in this Article shall have aimed at influencing decisions by the meanings set forth in the California City government must, when so Political Reform Act of 1974, as engaged, be subject to the same amended, and in the regulations of the regulations, restrictions and California Fair Political Practices requirements, regardless of their Commission, as amended, if defined background, training or other therein. professional qualifications or license. "Activity expense" means any payment, including any gift, made to or directly 4. Complete public disclosure of the benefiting any City official or member of full range of activities by and his or her immediate family, made by a financing of lobbyists and those who lobbyist, lobbying firm, or lobbyist employ their services is essential to employer. the maintenance of citizen confidence in the integrity of local "Agency" means the City of Los Angeles government. or any department, bureau, office, board, commission, other agency of the City, or 5. It is in the public interest to ensure any other government agency, required that lobbyists do not misrepresent to adopt a conflict of interest code subject facts, their positions, or attempt to
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Los Angeles Municipal Lobbying Ordinance
to City Council approval, and includes the as part of his or her official duties, City's Community Redevelopment participates in the consideration of any Agency and the Los Angeles City municipal legislation other than in a Housing Authority. purely clerical, secretarial or ministerial capacity. "At the behest" means under the control of, at the direction of, in cooperation, "Client" means both consultation, coordination, or concert with, at the request or suggestion of, or (1) the person who compensates a with the express prior consent of any lobbyist or lobbying firm for the elective City officer or candidate for purpose of attempting to influence elective City office. A donation to a municipal legislation and religious, charitable, or other nonprofit organization is not made at the behest of (2) the person on whose behalf a an elective City officer or candidate if the lobbyist or lobbying firm attempts to donation is solicited through a newspaper influence such municipal legislation, publication, through radio, television, or even if the lobbyist or lobbying firm other mass media, or through a is compensated by another person suggestion made to the entire audience for such representation. at a public gathering. A donation to a religious, charitable, or other nonprofit However, if a lobbyist or lobbying firm organization is not made at the behest of represents a membership organization an elective City officer or candidate solely and individual members of that because the name of the officer or organization, an individual member is not candidate is listed with other names on a client solely because the member is written materials used to request individually represented by the lobbyist or donations or the officer or candidate lobbying firm unless the member makes makes a speech to the entire audience or a payment for such representation in is honored and given an award at an addition to usual membership fees. event sponsored by the organization. "Compensated services" means "Attempting to influence" means services for which compensation was promoting, supporting, opposing or paid during a reporting period or for seeking to modify or delay any action on which the lobbyist or lobbying firm municipal legislation by any means, became entitled to compensation during including but not limited to providing or that period. using persuasion, information, statistics, analyses or studies. A person attempts "Controlled committee" means any to influence municipal legislation when he committee controlled by an elective City or she engages in lobbying activities for officer or candidate for any elective City the purpose of influencing a decision. office, including any campaign, officeholder, legal defense fund, or ballot "City official" means any elective or measure committee. appointed City officer, member, employee or consultant (who qualifies as "Direct communication" means a public official within the meaning of the appearing as a witness before, talking to Political Reform Act) of any agency, who, (either by telephone or in person),
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corresponding with, or answering "Lobbying activities" includes the questions or inquiries from, any City following and similar compensated official or employee, either personally or conduct when that conduct is related to a through an agent who acts under one‘s direct communication to influence any direct supervision, control or direction. municipal legislation:
"Donation" means a payment for which (1) engaging in, either personally or full and adequate consideration is not through an agent, written or oral received. direct communication with a City official; “Elective city officer” means the Mayor, City Attorney, Controller and Member of (2) drafting ordinances, resolutions or the City Council. regulations;
“Elective officer” means any person (3) providing advice or recommending who is a City Council Member, City strategy to a client or others; Attorney, Controller or Mayor, whether appointed or elected. (4) research, investigation and information gathering; “Fundraiser” means an individual who receives compensation to engage in (5) seeking to influence the position of a fundraising activity as defined in this third party on municipal legislation or section. an issue related to municipal legislation by any means, including "Fundraising activity" means soliciting but not limited to engaging in a contribution or hosting or sponsoring a community, public or press relations fundraising event or hiring a fundraiser or activities; and contractor to conduct any event designed primarily for political fundraising at which (6) attending or monitoring City contributions for an elective City officer, meetings, hearings or other events. candidate for elective City office, or any of his or her controlled committees are “Lobbying entity” means a lobbyist, solicited, delivered or made. lobbying firm or lobbyist employer, as defined in this article. "Host or sponsor" means to provide the use of a home or business to hold a "Lobbying firm" means any entity, political fundraising event without including an individual lobbyist, which charging market value for the use of that receives or becomes entitled to receive location; to ask more than 25 persons to $1,000 or more in monetary or in-kind attend the event; to pay for at least a compensation for engaging in lobbying majority of the costs of the event; or to activities (either personally or through its provide the candidate, campaign, agents) during any consecutive three- committee and/or fundraiser more than month period, for the purpose of 25 names to be used for invitations to the attempting to influence municipal event. legislation on behalf of any other person, provided any partner, owner,
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shareholder, officer or employee of the compensation" when the individual or entity qualifies as a lobbyist. the entity in which the individual is an Compensation does not include employee, partner, owner, shareholder or reimbursement of or payment for officer, agrees to provide services reasonable travel expenses. An entity regulated by this Article, or performs receives compensation within the those services, regardless of whether meaning of this definition whether or not payment is contingent on the the compensation is received solely for accomplishment of the client's purposes. activities regulated by this article or is A lobbyist includes a person who owns received for other activities as well; an investment in a business entity if that however, only that portion of person attempts to influence municipal compensation received for the lobbying legislation on behalf of the business activities shall count toward the entity and if the person acquires the qualification threshold. An entity investment as compensation for his or "becomes entitled to receive her lobbying services or in contemplation compensation" when the entity agrees of performing those services. to provide services regulated by this Article, or performs those services, “Lobbyist employer" means an entity, whether or not payment is contingent on other than a lobbying firm, that employs a the accomplishment of the client's lobbyist in-house to lobby on its behalf. purposes. "Major filer" means any person who "Lobbyist" means any individual who is makes payments or incurs expenditures compensated to spend 30 or more hours totaling $5,000 or more during any in any consecutive three-month period calendar quarter for public relations, engaged in lobbying activities which media relations, advertising, public include at least one direct communication outreach, research, investigation, reports, with a City official or employee, analyses, studies, or similar activities, for conducted either personally or through the purpose of attempting to influence agents, for the purpose of attempting to action on any proposed or pending influence municipal legislation on behalf matter of municipal legislation, if these of any other person. payments or expenditures are not required to be reported on a lobbyist or Compensation does not include lobbying firm quarterly report. A "major reimbursement of or payment for filer" does not include a lobbyist, lobbyist reasonable travel expenses. A person employer, or lobbying firm. Expenditures receives compensation within the and payments for regularly published meaning of this definition whether or not newsletters or other routine the compensation is received solely for communications between an organization activities regulated by this Article or is and its members shall not be counted for received for both lobbying activities and the purpose of this definition. other activities as well. However, only the compensation for the lobbying activities "Municipal legislation" means any shall be calculated to determine whether legislative or administrative matter an individual qualifies as a lobbyist. An proposed or pending before any agency individual "becomes entitled to receive (as defined in this Article), including but
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Los Angeles Municipal Lobbying Ordinance
not limited to those involving the granting, “municipal legislation” does denial, revocation, restriction or include any action relating to modification of a license, permit or collective bargaining taken by the entitlement for use (including all land use City Council, any of its committees permits) if the Mayor, the City Council, or members (including the staffs of any of its committees, any agency board, such members), or by the Mayor or commission, committee, or general his or her office. manager, or any agency officer or employee charged by law with holding a (4) Preparation or compilation of any hearing and making a decision, is radius map, vicinity map, plot plan, charged by law with making a final site plan, property owners or tenants decision on the matter. However, list, abutting property owners list, "municipal legislation" does not include photographs of property, proof of any of the following: ownership or copy of lease, or neighbor signatures required to be (1) A request for advice or for an submitted to the City Planning interpretation of laws, regulations, Department. City approvals or policies, or a direct response to an enforcement "Person" means any individual, business proceeding with the City Ethics entity, trust corporation association, Commission. committee, or any other organization or group of persons acting in concert. (2) Any ministerial action. An action is ministerial if it does not require the "Solicit" means to ask, personally or City official or employees involved to through an agent, that another person exercise discretion concerning any make a contribution to an elective City outcome or course of action. officer or candidate for City office, or to his or her controlled committee, including (3) Any action relating to the allowing one’s signature to be used on a establishment, amendment, written request for funds. For purposes administration, implementation or of this article, a lobbying entity solicits a interpretation of a collective contribution only when the lobbying entity bargaining agreement or does so memorandum of understanding between an agency and a (1) at the behest of the elective City recognized employee organization, officer or candidate for elective City or a proceeding before the Civil office, or his or her campaign Service Commission or the treasurer, campaign manager, or Employee Relations Board. Further, member of his or her fundraising it does not include management committee, or decisions as to the working (2) if the lobbying entity has informed conditions of represented the candidate or officer that the employees that clearly relate to the person is soliciting the contributions. terms of such collective bargaining agreement or memorandum of A person does not solicit, however, by understanding. Nevertheless, making a request for funds publicly to at least a majority of persons who attend
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any public gathering, or by making a contract, submitting a written request that appears published in a response to or participating in an oral newspaper, on radio or television. interview for a request for proposals or qualifications, or negotiating the History: Amended by Ord. No. 169916, effective 8/10/94. terms of a written agreement with any Amended by Ord. No. 172479, effective 4/10/99. City agency if selected pursuant to Amended by Ord. No. 175432, effective 9/28/03. that bid or request for proposals or Amended by Ord. No. 178064, effective 1/15/07. Amended by Ord. No. 178356, effective 3/12/07. qualifications. Except with regard to persons covered by subsections E and F, this exemption shall not apply SEC. 48.03. Exemptions to any person who attempts to influence the action of the Mayor or The following persons are exempt from Mayor's staff, any member of the City the requirements of this Article: Council or their staffs, or any board or commission member with regard to A. Any public official acting in his or her any such contract. official capacity, and any government employee acting within the scope of E. Any organization exempt from federal his or her employment. taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which B. A newspaper or other regularly receives funding from any federal, published periodical, radio or state or local government agency for television station or network, including the purpose of representing the any individual who owns, publishes or interests of indigent persons and is employed by such newspaper, whose primary purpose is to provide periodical or station or network, when, direct services to those persons, if the in the ordinary course of its business, individual or individuals represented it publishes or broadcasts news, by the organization before any City editorials or other comments, or paid agency provide no payment to the advertising, which directly or indirectly organization for that representation. attempts to influence action on This exemption shall not apply to municipal legislation. This exemption direct contracts with a City official in does not apply to any other action by other than a publicly noticed meeting, any such newspaper, periodical, for the purpose of attempting to station or network, or by any such influence a City decision with regard person, to attempt to influence to any City funding which the municipal legislation, if such activity organization is seeking. otherwise regulated by this Article. F. Any person employed by an C. A person acting without any organization described in Subsection compensation or consideration other E with respect to his or her activities than reimbursement or payment of as an employee of the organization.
reasonable travel expenses. History: Amended by Ord. No. 169916, effective 8/10/94. D. Any person whose only activity is submitting a bid on a competitively bid
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SEC. 48.04 Prohibitions SEC. 48.05. Record Keeping Responsibilities No lobbyist or lobbying firm subject to the requirements of this Article shall: A. Lobbying entities and major filers shall prepare and retain detailed records A. Do any act with the purpose and (including all books, papers and other intent of placing any City official under documents) needed to comply with personal obligation to the lobbyist, the the requirements of this Article. lobbying firm, or to the lobbyist's or Treasurers and fundraisers for firm's employer or client. elective City officeholders and City candidates, or for any elective City B. Fraudulently deceive or attempt to officer’s or City candidate’s controlled deceive any City official with regard to committees shall prepare and retain any material fact pertinent to any detailed contribution activity records pending or proposed municipal for any contributions received as a legislation. result of fundraising activity engaged in by a lobbyist, lobbying firm or C. Cause or influence the introduction of lobbyist employer, as defined by this any municipal legislation for the article. These records shall be purpose of thereafter being employed retained for not less than four years. or retained to secure its passage or defeat. B. If a lobbying entity engages in fundraising activities as defined in D. Cause any communication to be sent Section 48.02 of this Code at the to any City official in the name of any behest of a candidate or officeholder nonexistent person or in the name running for elective City office, the of any existing person without the lobbying entity shall maintain records consent of such person. detailing any contributions that they know or have reason to know resulted E. Make or arrange for any payment to a from the fundraising activities. City official, or act as an agent or intermediary in making any such C. If an officeholder or a candidate payment by any other person, if the running for elective City office arrangement or the payment would contracts with a lobbying entity to violate any provision of the City's engage in fundraising activity as Governmental Ethics Ordinance (Los described in Section 48.02 of this Angeles Municipal Code Section Code, the committee treasurer and 49.5.1, et seq.) fundraiser shall maintain records detailing any contributions that they History: Amended by Ord. No. 169916, effective 8/10/94. know or have reason to know resulted from the fundraising activities. The treasurer and fundraiser shall make the records available to the lobbying entity upon request of the lobbying entity.
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D. If a lobbying entity delivers or sends postmark if it is mailed and bears the written communications to a certified correct address and postage. neighborhood council in an attempt to History: influence municipal legislation as Amended by Ord. No. 177105, effective 12/18/05. described in Section 48.08.8 of this Amended by Ord. No. 182360, effective 1/30/13. Article, the lobbying entity shall prepare and maintain detailed records of these written communications for SEC. 48.07. Registration not less than four years. A. Requirement. An individual who History: qualifies as a lobbyist shall register Amended by Ord. No. 175432, effective 9/28/03. with the City Ethics Commission within 10 days after the end of the SEC. 48.06. Filing Methods calendar month in which the individual qualifies as a lobbyist. A person, A. All registrations, reports, and other including an individual lobbyist, shall filings required by this Article must be register with the City Ethics submitted under penalty of perjury by Commission as a lobbying firm within the person who is required to file and 10 days after the end of the calendar must be filed in a format prescribed by month in which a partner, owner, the Ethics Commission. The Ethics shareholder, officer or employee Commission must provide public qualifies as a lobbyist. If a person is access to all filings. not registered as a lobbyist or lobbying firm, but is performing acts B. Lobbying entities and persons who which would require that person to so qualify as lobbying entities must file register, that person may continue to registrations, quarterly reports, act as a lobbyist or lobbying firm so terminations and amendments to long as the person registers with the those filings electronically. City Ethics Commission within 10 days after the person knew or should C. If an electronic filing is required, the have known of the obligation to Ethics Commission must provide a register. A lobbyist or lobbying firm unique identifier to the person who is shall register each client on whose required to file, to be used in place of behalf or from which the lobbyist or a physical signature for submitting lobbying firm receives or becomes and verifying data under penalty of entitled to receive $250 or more in a perjury. All electronic filings are calendar quarter for engaging in presumed to be filed under penalty of lobbying activities related to perjury by the person required to file. attempting to influence municipal legislation. D. If a paper filing is required, it must contain the physical signature of the B. Duration of Status. A person who person who is required to file. A registers as a lobbyist or lobbying firm document is considered filed on the shall retain that status through earlier of the date of receipt by the December 31 of that year unless and Ethics Commission or the date of the until that person terminates the status as set forth below.
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C. Registration Fees. Every lobbyist E. Contents of Registration shall pay an annual registration fee of Statements — Lobbying Firms $450 plus $75 for each client on Registration statements of lobbying firms whose behalf or from which the (including individual contract lobbyists) lobbyist receives or becomes entitled shall contain the following: to receive $250 or more in a calendar quarter. Persons who initially register 1. The name, address, email, and during the last quarter of a calendar telephone number of the firm. year (October through December) shall pay prorated registration fees of 2. The name of each lobbyist who is a $337 for each lobbyist plus $56 for partner, owner, shareholder, officer each client. or employee of the firm.
D. Contents of Registration 3. For each client on whose behalf or Statements — Lobbyists. from which the firm received or Registration statements of lobbyists became entitled to receive $250 in shall contain the following: compensation during the calendar quarter for engaging in lobbying 1. The lobbyist's name, business activities related to attempting to address, business email, and influence municipal legislation business telephone number. within the meaning of this Article:
2. The lobbying firm, if any, of which (a) The client's name, business or the lobbyist is an employee, partner, residence address, and business officer or owner. or residence telephone number.
3. If the lobbyist is not an employee, (b) The period during which the partner, officer or owner of a representation will occur. lobbying firm, the name, address and telephone number of the (c) The item or items of municipal lobbyist's employer. legislation for which the firm was retained to represent the client, or, 4. Each City agency that the lobbyist if no specific items of municipal has the authority to attempt to legislation for which the firm was influence on behalf of any client or retained to represent the client can employer. be identified, a description of the types of municipal legislation for 5. A statement that the lobbyist has which the firm was retained to reviewed and understands the represent the client. requirements of this Article. (d) Each City agency that the lobbying 6. Any other information required by firm has the authority to attempt to regulation of the City Ethics influence on behalf of the client. Commission, consistent with the purposes and provisions of this (e) In the case of a lobbyist who is an Article. individual contract lobbyist, a
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statement that he or she has calendar year shall attend a City reviewed and understands the lobbying session by the end of the requirements of this Article. current calendar year.
(f) The name, address, email, and (3) A registered lobbyist who attends a telephone number of the person City lobbying information session responsible for preparing the during the current calendar year is statement. not required to attend a City lobbying information session during (g) Any other information required by the following calendar year. regulation of the City Ethics History: Commission, consistent with the Amended by Ord. No. 172479, effective 4/10/99. purposes and provisions of this Amended by Ord. No. 175028, effective 2/5/03. Article. Amended by Ord. No. 182360, effective 1/30/13.
F. Amendments to Registrations. Lobbyists and lobbying firms shall file SEC. 48.08. Disclosure Reports amendments to their registration statements within 10 days of any change A. Reporting Requirement. Every in information required to be set forth on lobbyist, lobbying firm, lobbyist the registration statement. employer and major filer shall file the quarterly disclosure reports required G. Termination. Any person registered by this Section on or before the last under this Article shall file a termination day of the month following each statement with the City Ethics calendar quarter. Commission within 20 days after ceasing all activity governed by this Article. 1. All lobbyists and lobbying firms shall file quarterly reports for every H. Education Requirement. Every calendar quarter during which they individual who is required to register as a retain that status. An individual who lobbyist shall attend a City lobbying qualifies both as a lobbyist and information session conducted by the lobbying firm shall file only a City Ethics Commission no less than lobbying firm quarterly report. once every two calendar years, according Lobbyist employers shall file to the following schedule: quarterly reports for every calendar quarter during which any individual (1) An individual who has not registered employed by that employer retains as a lobbyist in the immediately the status as lobbyist. Information preceding two calendar years shall required to be disclosed concerning attend a City lobbying information compensation received or session within six months of his or expenditures made for lobbying her registration date as a lobbyist. shall be disclosed either by the lobbyist or by his or her lobbying (2) A registered lobbyist who did not firm or employer. attend a City lobbying information session during the previous 2. Major filers shall file quarterly reports for every calendar quarter
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during which they made qualifying 5. The total amount of activity payments or incurred qualifying expenses made by the lobbyist expenditures totaling $5,000 or during the reporting period, whether more. or not itemized.
3. Quarterly reports shall disclose all 6. The name of any elective City required information for the calendar officer, candidate for elective City quarter immediately prior to the office, or any controlled committee month in which the report is required of the officer or candidate to which to be filed. the lobbyist made contributions of $100 or more, or which were B. Quarterly Reports by Lobbyists — delivered by the lobbyist, or in Contents. Quarterly reports by lobbyists connection with which the lobbyist shall contain the following information: acted as an intermediary during the reporting period, and the date and 1. The lobbyist's name, business amount of the contribution. address and business telephone number. 7. The name of any elective City officer, candidate for elective City 2. The lobbying firm, if any, of which office, or any City controlled the lobbyist is a partner, owner, committee of the officer or candidate shareholder, officer or employee. for which the lobbyist engaged in any fundraising activity during the 3. If the lobbyist is not a partner, officer reporting period, the date(s) of the or owner of a lobbying firm, the activity and the amount of funds the name, address and telephone lobbyist knows or has reason to number of the lobbyist's employer. know were raised as a result of the activity. 4. The date, amount and description of each activity expense of $25 or 8. The date and amount of one or more more made by the lobbyist during contributions aggregating more than the reporting period, the name and $1,000 made by the lobbyist at the title of the City official benefiting behest of an elective City officer or from the expense, the name and candidate for elective City office address of the payee, and the client, during the reporting period to any if any, on whose behalf the expense and all controlled committees of any was made. An activity expense other elective City officer or shall be considered to be made on candidate for elective City office, the behalf of a client if the client name and address of the payee, the requested or authorized the name of the elective City officer or expense or if the expense was candidate for elective City office who made in connection with an event at made the behest and the date of the which the lobbyist attempted to behest. influence the official on behalf of the client. 9. The date, amount and description of one or more donations aggregating
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$1,000 or more made by the lobbyist identification of the contract and the at the behest of an elective City nature of the services provided. officer or candidate for elective City Such information shall be reported if office during the reporting period to the lobbyist personally provided the any religious, charitable or other services, or if the services were nonprofit organization, the name provided by a business entity in and address of the payee, the name which the lobbyist owns at least a of the elective City officer or 10% investment, whether the candidate for elective City office who compensation was provided directly made the behest and the date of the to the lobbyist or to such business behest. entity.
10.If, during the quarterly reporting 12. Each City agency that the lobbyist period, the lobbyist provided attempted to influence. compensated services, including consulting services, to the campaign 13. Any other information required by of any candidate for elective City regulation of the City Ethics office, or to a campaign for or Commission, consistent with the against any City ballot measure, the purposes and provisions of this name of the candidate, the elective Article. City office sought by the candidate, the ballot number or letter of the C. Quarterly Reports by Lobbying ballot measure, the date of the Firms — Contents. Quarterly reports by election, the amount of lobbying firms, including individual compensation earned for the contract lobbyists, shall contain the compensated services, and a following information: description of the nature of the services provided. Such information 1. The name, address, email, and shall be reported if the lobbyist telephone number of the firm. personally provided the services, or if the services were provided by a 2. The name of each lobbyist who is a business entity in which the lobbyist partner, owner, shareholder, officer owns at least a 10% investment, or employee of the firm. whether the compensation was provided directly to the lobbyist or to 3. The name, address and telephone such business entity. number of each client that is required to be registered and was 11. If, during the quarterly reporting represented by the firm during the period, the lobbyist provided reporting period; a description of compensated services under each item of municipal legislation for contract with the City or with any which the firm or its lobbyists City agency, including consulting represented the client during the services, the amount of reporting period; the total amount of compensation received, the agency payments received by the firm from for which the services were each client (including all fees, provided, a description or other reimbursements for expenses and
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other payments) during the reporting municipal legislation during the period for such representation. reporting period; and
4. The total payments received from (c) all expenses attributable to clients required to be registered by attempts to influence municipal the firm during the reporting period legislation, other than overhead, in connection with the firm's and other expenses that would not representation of clients on be incurred but for the attempts to municipal legislation. influence. Each such expense of $5,000 or more shall be itemized 5. The date, amount and description of and described. each activity expense of $25 or more made by the lobbying firm 8. The name of any elective City during the reporting period, the officer, candidate for elective City name and title of the City official office, or any controlled committee benefiting from the expense, the of the officer or candidate to which name and address of the payee, the lobbying firm made contributions and the client, if any, on whose of $100 or more, or which were behalf the expense was made. An delivered by the lobbying firm, or in activity expense shall be considered connection with which the lobbying to be made on behalf of a client if firm acted as an intermediary during the client requested or authorized the reporting period, and the date the expense or if the expense was and amount of the contribution. made in connection with an event at which the lobbying firm attempted to 9. The name of any elective City influence the official on behalf of the officer, candidate for elective City client. office, or any City controlled committee of the officer or candidate 6. The total amount of activity for which the lobbying firm engaged expenses made by the lobbying firm in any fundraising activity during the during the reporting period, whether reporting period, the date(s) of the or not itemized. activity and the amount of funds the lobbying firm knows or has reason 7. The total amount of expenses to know were raised as a result of incurred in connection with attempts the activity. by the firm to influence municipal legislation. These expenses shall 10. The date and amount of one or include: more contributions aggregating more than $1,000 made by the (a) total payments to lobbyists lobbying firm at the behest of an employed by the firm; elective City officer or candidate for elective City office during the (b) total payments to employees of reporting period to any and all the firm, other than lobbyists, who controlled committees of any other engaged in attempts to influence elective City officer or candidate for elective City office, the name and
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address of the payee, the name of an individual contract lobbyist who the elective City officer or candidate qualifies as a lobbying firm, such for elective City office who made the information shall be reported if the behest and the date of the behest. lobbyist personally provided the services, or if the services were 11. The date, amount and description of provided by a business entity in one or more donations aggregating which the lobbyist owns at least a $1,000 or more made by the 10% investment, regardless of lobbying firm at the behest of an whether the compensation was elective City officer or candidate for provided directly to the lobbyist or to elective City office during the such business entity. reporting period to any religious, charitable or other nonprofit 14. For an individual contract lobbyist organization, the name and address who qualifies as a lobbying firm, of the payee, the name of the each City agency that the lobbyist elective City officer or candidate for attempted to influence. elective City office who made the behest and the date of the behest. 15.The name, address, email, and telephone number of the person 12. If, during the quarterly reporting responsible for preparing the report. period, the lobbying firm provided compensated services, including 16. Any other information required by consulting services, to the campaign regulation of the City Ethics of any candidate for elective City Commission, consistent with the office, or to a campaign for or purposes and provisions of this against any City ballot measure, the Article. name of the candidate, the elective City office sought by the candidate, D. Quarterly Reports by Lobbyist the ballot number or letter of the Employers — Contents. Quarterly ballot measure, the date of the reports by lobbyist employers shall election, the amount of contain the following information. compensation earned for the compensated services and a 1. The name, address, email, and description of the services provided. telephone number of the entity filing the report. 13. If, during the quarterly reporting period, the lobbying firm provided 2. The name of each lobbyist who is compensated services under employed by the entity. contract with the City or with any agency, including consulting 3. Total payments during the reporting services, the amount of period to lobbyists employed by the compensation received, the agency entity. Such payments shall include for which the services were solely payments for compensation provided, a description or other and reimbursement of expenses identification of the contract and the relating to the lobbyists' attempts to nature of the services provided. For influence municipal legislation.
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4. Total payments to employees of the of the officer or candidate to which entity, other than lobbyists, who the lobbyist employer made engaged in attempts to influence contributions of $100 or more, or municipal legislation during the which were delivered by the lobbyist reporting period. Such payments employer, or in connection with shall include payments for which the lobbyist employer acted compensation and reimbursement of as an intermediary during the expenses relating to such persons' reporting period, and the date and attempts to influence municipal amount of the contribution. legislation. 10. The name of any elective City 5. Total payments for expenses officer, candidate for elective City incurred in connection with attempts office, or any City controlled by the entity during the reporting committee of the officer or candidate period to influence municipal for which the lobbyist employer legislation. These expenses shall engaged in any fundraising activity include all expenses attributable to during the reporting period, the attempts to influence municipal date(s) of the activity and the legislation, other than overhead, and amount of funds the lobbyist other expenses that would not be employer knows or has reason to incurred but for the attempts to know were raised as a result of the influence. Each such expense of activity. $5,000 or more shall be itemized and described. 11. The date and amount of one or more contributions aggregating 6. A description of each item of more than $1,000 made by the municipal legislation which the entity lobbyist employer at the behest of attempted to influence during the an elective City officer or candidate reporting period. for elective City office during the reporting period to any and all 7. The date, amount and description of controlled committees of any other each activity expense of $25 or elective City officer or candidate for more made by the lobbyist employer elective City office, the name and during the reporting period, the address of the payee, the name of name and title of the City official the elective City officer or candidate benefiting from the expense, and the for elective City office who made the name and address of the payee. behest and the date of the behest.
8. The total amount of activity expenses 12. The date, amount and description of made by the lobbyist employer one or more donations aggregating during the reporting period, whether $1,000 or more made by the lobbyist or not itemized. employer at the behest of an elective City officer or candidate for 9. The name of any elective City elective City office during the officer, candidate for elective City reporting period to any religious, office, or any controlled committee charitable or other nonprofit
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organization, the name and address Amended by Ord. No. 175432 effective 9/28/03. Renumbered by Ord. No.175432 effective 9/28/03. of the payee, the name of the Amended by Ord. No. 182360, effective 1/30/13. elective City officer or candidate for elective City office who made the behest and the date of the behest. SEC. 48.08.5 . Copies of Solicitations
13. The name, address, email, and Each lobbying entity that produces, pays telephone number of the person for, mails or distributes more than 50 responsible for preparing the report. substantially similar copies of a written political fundraising solicitation for any 14. Any other information required by controlled committee of an elective City regulation of the City Ethics officer or candidate relating to seeking or Commission, consistent with the holding City elective office or supporting purposes and provisions of this or opposing a City ballot measure shall Article. send a copy of the solicitation to the City Ethics Commission for public access, at E. Quarterly Reports by Major Filers the time the solicitation is sent or — Contents. Quarterly reports by major otherwise distributed, and shall report on filers shall contain the following its next quarterly report the date(s) on information: which it is mailed or distributed and a general description of the content of the 1. The name, address and telephone solicitation, the number of pieces mailed number of the person filing the or distributed, and name of the elective report. City officer, or candidate or City ballot measure committee for which the funds 2. A description of each item of were solicited. municipal legislation which the entity attempted to influence during the History: Added by Ord. No. 175432, effective 9/28/03. reporting period.
3. The total payments made during the SEC. 48.08.6. Lobbying Disclosure — reporting period for the purpose of Political Contributions attempting to influence action on each proposed or pending matter of A. Each lobbying entity, which makes municipal legislation. one or more contributions to an elective City officer and/or to any or all 4. The name, address and telephone of his or her controlled committees, number of the person responsible shall file a notice with the City Ethics for preparing the report. Commission each time the making of a contribution results in the lobbying 5. Any other information required by entity having made contributions regulation of the City Ethics aggregating more than $7,000 to the Commission, consistent with the officer and/or his or her controlled purposes and provision of this committees within the past 12 Article. months. The notice shall be filed on a
History: form prescribed by the Commission
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within one business day after making E. The City Ethics Commission shall a contribution that triggers the filing post the information in the notice on requirement. The notice shall contain its website within one business day of the following information: its receipt of the notice. The City Clerk shall make the notice available 1. The name, address and telephone for inspection within one business day number of the filer, the name of the of its receipt. elective City officer, and/or any or all History: of his or her controlled committees, Added by Ord. No. 175432, effective 9/28/03. to which the lobbying entity made contributions aggregating more than $7,000 during the past twelve SEC. 48.08.7. Lobbying Disclosure — months, and the date and amount of Fundraising Activity each contribution. A. Every lobbying entity who within any 2. For purposes of this section, a 12 month period (i) engaged in “controlled committee” does not fundraising activities on behalf of an include any committee controlled by elective City officer and/or any and all an elective City officer that is of his or her controlled committees, and which knows or has reason to (a) formed to support or oppose a know that the fundraising activities ballot measure or resulted in contributions, and/or (ii) delivered or acted as an intermediary (b) formed to support the election of for one or more contributions to the that officer to other than elective elective City officer and/or any and all City office. of his or her controlled committees, shall file a notice with the City Ethics B. The original notice shall be filed with Commission any time the activities the City Ethics Commission, and identified in (i) and/or (ii) aggregate copies shall be filed with the City more than $15,000 in the case of a Clerk and the elective City officer member of the City Council, or more involved. Each notice may only than $35,000 in the case of the include information relative to one Mayor, City Attorney, or Controller. elective officer. The notice shall be filed on a form prescribed by the City Ethics C. The form shall be considered filed on Commission within one business day the date of the postmark or on the after any of these thresholds is date of delivery to the City Ethics exceeded. The notice shall contain Commission, whichever is earlier. the following information:
D. The form shall be verified under 1. The name, address and telephone penalty of perjury by the individual number of the filer, the name of the filing it or by an officer of the entity elective City officer, and/or any or all authorized to file it. of his or her controlled committees, on whose behalf the lobbying entity engaged in fundraising activities, or
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delivered or acted as intermediary include information relative to one for one or more contributions to the elective officer. elective City officer and/or any and all of his or her controlled C. The form shall be considered filed on committees, the date of the the date of the postmark or on the fundraising activity, and the amount date of delivery to the City Ethics of contributions raised, delivered or Commission, whichever is earlier. in connection with which the lobbying entity acted as an D. The form shall be verified under intermediary. penalty of perjury by the individual filing it or by an officer of the entity 2. For purposes of this section, a authorized to file it. “controlled committee” does not include any committee controlled by E. The City Ethics Commission shall an elective City officer that is post the information in the notice on its website within one business day of (a) formed to support or oppose a its receipt of the notice. The City ballot measure or Clerk shall make the notice available for inspection within one business day (b) formed to support the election of of its receipt. that officer to other than elective History: City office. Added by Ord. No. 175432, effective 9/28/03.
3. For purposes of this notification, if a fundraising event is sponsored or Sec. 48.08.8. Lobbying Disclosure — hosted by more than one person, Written Communications to the amount of contributions received Neighborhood Councils at or as a result of the event shall be attributed to each lobbying entity (a) No lobbying entity registered with the who hosted or sponsored the event City of Los Angeles shall deliver or according to the amount of the send to a certified neighborhood contributions that resulted from that council a written communication on lobbying entity’s fundraising behalf of a client, including, but not activities. If a contribution results limited to, letters, faxes, electronic from the fundraising of more than messages, and flyers, without a one person and/or lobbying entity, disclosure indicating that the that contribution shall be communication was delivered or sent apportioned equally to each of the by that lobbying entity. persons and/or lobbying entity that engaged in the fundraising activity. (b) For purposes of subsection (a), the required disclosure shall be printed B. The original notice shall be filed with clearly and legibly in no less than 8- the City Ethics Commission, and point type in a color or print that copies shall be filed with the City contrasts with the background so as Clerk and the elective City officer to be legible and shall be presented in involved. Each notice may only a clear and conspicuous manner in
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the written communication. The and abets any other person in disclosure shall include all of the violation of any provision of this following information applicable to the article, is guilty of a misdemeanor. written communication: 2. Prosecution for violation of any (1) The name of the lobbyist(s) that provision of this article must be prepares, delivers or sends the commenced within one year after written communication; the date on which the violation occurred. (2) The name of the registered lobbying firm(s) or lobbyist employer(s) who 3. No person convicted of a violation of employs the lobbyist(s) that this Article may act as a lobbyist or prepares, delivers or sends the otherwise attempt to influence written communication; and, municipal legislation for compensation for one year after (3) The name of the client or clients on such conviction. whose behalf the lobbying entity prepares, delivers, or sends the C. Civil Enforcement. written communication in an attempt to influence municipal legislation. 1. Any person who knowingly violates any provision of Section 48.04 shall History: Added by Ord. No. 176034, effective 7/26/04. be liable in a civil action brought by the City Attorney. Any person who intentionally or negligently violates SEC. 48.09 Compliance Measures and any other provisions of this Article Enforcement shall be liable in a civil action brought by the City Attorney. A. Audits. The City Ethics Commission Failure to properly report any receipt shall have the authority to conduct or expenditure may result in civil audits of reports and statements filed penalties not to exceed the amount pursuant to this Article. Such audits not properly reported, or $2,000, may be conducted on a random basis whichever is greater. Any other or when the City Ethics Commission violation may result in civil penalties staff has reason to believe that a no greater than $2,000. If the court report or statement may be inaccurate determines that a violation was or has not been filed. intentional, the court may order that the defendant be prohibited from B. Criminal Penalties. acting as a lobbyist or otherwise attempting to influence municipal 1. Any person who knowingly or legislation for one year. willfully violates any provision of this Article is guilty of a misdemeanor. 2. In determining the amount of liability Any person who knowingly or pursuant to this subsection, the willfully causes any other person to court shall take into account the violate any provision of this article, seriousness of the violation and the or who knowingly or willfully aides
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degree of culpability of the written notice to the filer of the filing defendant. requirement.
3. If two or more persons are G. Restriction on Person Who Violates responsible for any violation, they Certain Laws. shall be jointly and severally liable. 1. No person shall act or continue to 4. No civil action alleging a violation of act as a registered lobbyist or this Article shall be filed more than lobbying firm if, within the prior four four years after the date the violation years, that person has been found occurred. by the City Ethics Commission, in a proceeding pursuant to Charter D. Injunction. The City Attorney on Section 706, to have violated City behalf of the people of the City of Los Charter Section 470(k) on any Angeles may seek injunctive relief to occasion. That determination shall enjoin violations of or to compel be based either on a finding of the compliance with the provisions of this City Ethics Commission made after article. an administrative hearing or on a stipulation by the lobbyist or E. Administrative Penalties. The City lobbying firm entered into with the Ethics Commission may impose City Ethics Commission within the penalties and issue orders for previous four years. violation of this Article pursuant to its authority under Charter Section 2. If the City Ethics Commission makes 706(c). a finding that the person has either
F. Late Filing Penalties. In addition to (1) accepted responsibility for the any other penalty or remedy available, violation in the form of having if any person fails to file any report or entered into a stipulation with the statement required by this Article, City Ethics Commission in which after any deadline imposed by this the party admits the violation, or Article, such person shall be liable to otherwise exhibits evidence of the City Ethics Commission in the having accepted such amount of twenty-five dollars ($25) responsibility, or per day after the deadline until the statement or report is filed, up to a (2) mitigated the wrongdoing by taking maximum amount of $500. Liability prompt remedial or corrective need not be enforced by the action, then the City Ethics Commission if its Executive Officer Commission may reduce the time determines that the late filing was not period during which the above willful and that enforcement of the prohibition would apply to a period penalty would not further the of not less than one year. purposes of this Article. No liability shall be waived if a statement or report is not filed within 10 days after the Commission has sent specific
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Los Angeles Municipal Lobbying Ordinance
H. Contract Bidder Certification of 4. For purposes of this subsection, Compliance With Lobbying Laws. “agency” does not include a state agency operating solely within the 1. Any bidder for a contract, as those City such as the Community terms are defined in Los Angeles Redevelopment Agency or Los Administrative Code Section Angeles City Housing Authority. 10.40.1, shall submit with its bid a History: certification, on a form prescribed by Amended by Ord. No. 169916, effective 8/10/94. the City Ethics Commission, that the Amended by Ord. No. 171142, effective 8/3/96. bidder acknowledges and agrees to Amended by Ord. No. 172942, effective 1/21/00. Amended by Ord. No. 178064, effective 1/15/07. comply with the disclosure Amended by Ord. No. 179934, effective 7/21/08. requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if the SEC. 48.10. Ethics Commission bidder qualifies as a lobbying entity Reports under Section 48.02 of this article. The exemptions contained in As soon as practicable after the close of Section 48.03 of this article and Los each quarterly reporting period, the City Angeles Administrative Code Ethics Commission shall prepare a report Section 10.40.4 shall not apply to to the Mayor and City Council of lobbying this subsection. activity which occurred during the reporting period. Such report shall be in a 2. Each agency shall include the form which, in the opinion of the Municipal Lobbying Ordinance in Commission, best describes the each invitation for bids, request for activities, receipts and expenditures of proposals, request for qualifications, persons subject to the requirements of or other solicitation related to this article. entering into a contract with the City. The ordinance must be provided in History: Added by Ord. No. 169916, effective 8/10/94. at least 10-point font and may be provided on paper, in an electronic format, or through a link to an online SEC. 48.11. Severability version of the ordinance. The ordinance is not required to be If any provision of this article, or its printed in a newspaper notice of the application to any person or solicitation. circumstance, is held invalid by any court, the remainder of this article and its 3. This subsection does not apply to application to other persons and the renewal, extension, or circumstances, other than that which has amendment of an existing contract, been held invalid, shall not be affected by as long as the solicitation for the such invalidity, and to that extent the original contact met the provisions of this article are declared to requirements in Paragraphs 1 and 2 be severable. above and the renewal, extension, or amendment does not involve a History: new solicitation. Added by Ord. No. 169916, effective 8/10/94. . . . .
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Disclosure Ordinances Affidavit
Unless otherwise exempt by the provisions of the Slavery Disclosure Ordinance (SDO), Disclosure of Border Wall Contracting Ordinance (DBWCO), and Disclosure of Contracts and Sponsorship of the National Rifle Association (NRA Disclosure Ordinance), any contract awarded under this Project will be subject to the SDO, Section 10.41 of the Los Angeles Administrative Code, the DBWCO, Section 10.50 of the Los Angeles Administrative Code, and the NRA Disclosure Ordinance, Section 10.52 of the Los Angeles Administrative Code.
Bidders/Proposers are required to complete a streamlined Disclosure Ordinances Affidavit web form that is located on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org. Bidders/Proposers are responsible for creating a BAVN profile. The web form can be found by clicking on the "Profiles" tab. Scroll to the "Company Profile" section and click on "Compliance Documents". The web form should be completed and submitted by the time of SOQ submission.
The Bureau of Contract Administration (BCA) will verify the web form of the successful Proposers/Bidders selected for contract award. Bidders/Proposers seeking additional information regarding the requirements of the SDO, DBWCO and the NRA Disclosure Ordinance may visit the Bureau of Contract Administration’s website at http://bca.lacity.org. Vision Zero - Phase 2D, W.O. E1908593
BIDS
(Pages LBPP-1 through LBPP-7)
CITY OF LOS ANGELES REQUEST FOR BIDS- LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) City of Los Angeles Ordinance No. 181910, Article 21, Sections 10.47, et esq. of the Los Angeles Administrative Code
Local Business Prime 8%
Or
Up to Local Business Subcontractor (s) 5%
NOTE: Local Business Preference Program information and/or assistance may be obtained through the .
City's Office of Contract Compliance at [email protected]
LBPP Citywide RFB (Rev. 07/15/2019) Vision Zero - Phase 2D, W.O. E1908593
MANDATORY LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) FOR USE ON CITY- FUNDED CONTRACTS GREATER THAN $150,000.00
A. General
This program is subject to the policies and requirements established by the City Council and the City of Los Angeles (City) Mayor’s Office. The City is committed to maximizing opportunities for local businesses, as well as encouraging local businesses to locate and operate in Los Angeles County (County). It is the policy of the City to prevent unemployment, encourage an increase in local jobs, and create high road economic development. The Local Business Preference Program (LBPP) aims to benefit the City by increasing local jobs and expenditures within the private sector. The LBPP is set forth herein. Bidders should be fully informed of this program.
Awarding Authorities shall opt out when the contract is funded by a grant or is federally funded and funding regulations prohibit the funding recipient from implementing the LBPP on the resulting contract. The Awarding Authority can also opt out of the program when full and open competition is limited because of a sole source vendor, provider, or supplier. Finally, the Awarding Authority is entitled to determine at anytime before the award of a contract that it is not in the City’s best interest to grant a proposal preference to a qualifying Local Business, Local Subcontractor, or Provisionally Qualified Local Business. Failure to comply with the LBPP shall result in investigations by the Bureau of Contract Administration/ Office of Contract Compliance (BCA/OCC) in its role as the Designated Administrative Agency.
B. Participation Criteria for Local Business Preference Program
To be eligible for participation in this program, the BCA/OCC requires that the prospective local business submit an affidavit attesting as such on the Los Angeles Business Assistance Virtual Network (LABAVN) website. An affidavit form is available to be downloaded on the LABAVN website at http://www.labavn.org. Determination of qualification as a local business by any other entities, other than BCA/OCC, or by any other means other than submission of an affidavit on LABAVN shall not be accepted for purposes of participation in the LBPP. Affidavit forms are prioritized according to the date they are received. The local business must be listed on LABAVN as such prior to the bid due date in order to participate in the LBPP. In cases where the affidavit was submitted prior to the proposal deadline but has not been verified by BCA/OCC and the local business designation would result in a change of award recommendation, status as a local business will be based on the date it was submitted upon completion of their certification and after receiving a request to expedite by the Awarding Authority.
C. Definitions
1. "Awarding Authority" means any Board or Commission of the City, or any employee or officer of the City, except those of departments that control their own funds, authorized to award or enter into any Contract, as defined by Article 21, Section 1 of the Los Angeles Administrative Code, on behalf of the City. The Proprietary Departments and
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the Departments of Recreation and Parks, and Library are strongly encouraged to adopt local preference programs consonant with the provisions of Article 21, Section10.47, et esq.
2. “Contract” means a written agreement involving consideration in excess of $150,000.00 for the purchase of goods, equipment or services, including construction, by or for the benefit of the City or its residents.
3. “Contractor” means the person; business or entity awarded the Contract by the Awarding Authority.
4. “Bid Price” means the dollar amount after the bidder’s quoted price is adjusted for evaluation in accordance with applicable provisions.
5. "Local Business" means a business entity that occupies work space within the County, is in compliance with all applicable City and County licensing and tax laws, and can demonstrate one of the following: (1) it is headquartered in the County and physically conducts and manages all of its operations from a location in the County; (2) that at least 50 of its full time employees perform work within the boundaries of the County at least 60 percent of their total regular hours worked on an annual basis; or (3) that at least half of the full-time employees (50%) of the business work within the boundaries of the County at minimum of 60 percent of their total, regular hours worked on an annual basis.
a. A business entity with multiple locations within the County, can aggregate 50 of its full time employees working at least 60% of their regular hours from its different locations within the County to qualify as a Local Business.
b. A business entity awarded a City contract under the LBPP, must carry out the services of the contract using employees whose exclusive, primary working location is in Los Angeles County.
c. A joint venture must be a legally established entity and be certified as an LBE in order to participate in the LBPP. Individual LBE certification by one or more of the joint venture partners will not be considered sufficient to qualify for participation in the LBPP.
d. A firm that is certified as a Local Small Business Enterprise (LSBE) with the Los Angeles County Office of Small Business will be verified as an LBE on BAVN upon request through the LBE affidavit.
6. “Local Subcontractor” means a contractor that meets the same qualification as a local business.
7. “Provisionally Qualified Local Business” means a business entity that is yet to establish operations within the County, and does not immediately qualify as a local business under the Los Angeles Administrative Code. However, the business is provisionally
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qualified as a local business because it is undertaking imminent steps to qualify as a local business as defined by Article 21, Section 10.47.3. No later than 30 days after the Awarding Authority notifies the bidder of its intent to award the contract to them, the Provisionally Qualified Local Business must demonstrate that it is a party to an enforceable, contractual right to occupy commercial space within the County, that its occupancy will commence no later than 60 days after the date on which the Contract with the City is executed, and can demonstrate that before the Contractor is scheduled to begin performance under the contract with the City, the Contractor will satisfy the requirements of Subsection C of Section 10.47.2.
8. “Supplier” and/or “Regular Dealer” means a business that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. Additionally, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as previously described if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.
D. Local Business Preference Program Participation Recognition
1. Qualifying contractors who participate in the LBPP by qualifying as a local business will receive 8% of the total possible evaluation points added to their evaluation score provided their bid proposal is in excess of $150,000.00 or in excess of $1,000,000.00 if a Provisionally Qualified Local Business.
2. Qualifying contractors who participate in the LBPP but do not qualify as a local business, but however are qualified because they identify a qualified local subcontractor to perform the work under the contract will receive up to a 5% of the total possible evaluation points added to their evaluation score.
a. The Awarding Authority shall provide 1% of the total possible evaluation points credit, up to a maximum of 5%, to the contractor’s evaluation score for every 10% of the total cost of the proposed work to be performed by the local subcontractor. This rule applies to a local subcontractor or local subcontractors; provided that the work performed is of a commercially useful purpose in execution of the contract and/or performed in the subcontractor’s normal course of business. The work performed and all costs of each local subcontractor or subcontractors should be clearly specified in the proposal.
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3. Preferences shall only be awarded to a Local Business or Local Subcontractor when the services provided under the contract are directly provided by its employees whose primary work location is in Los Angeles County. Preferences shall only be awarded for equipment, goods or materials when the Local Business or Local Subcontractor acts as a supplier or dealer (not less than two thirds of the time), or designs, manufactures, or assembles the equipment, goods or materials (not less than two thirds of the time), at a business location in the County.
4. A Provisionally Qualified Local Business who participates in the LBPP by qualifying as a local business will receive 8% of the total possible evaluation points credit added to its evaluation score, as long as the proposed contract between the business and the City involves consideration valued at no less than $1,000,000.00 and has a duration of no less than three (3) years.
a. To participate in the program a proposed Provisionally Qualified Local Business must download and complete a Provisionally Qualified Local Business affidavit form at http://bca.lacity.org, which it shall attach and submit with its bid documents to the Awarding Department.
5. Once a Business asserting to be a Provisionally Qualified Local Business is notified by the Awarding Department of its intent to award a contract, the Provisionally Qualified Local Business shall submit all of the following documentation: (1) an enforceable, contractual right to occupy commercial space within the County, which shall commence no later than 60 days after the date of the execution of the contract; (2) a business plan on its ability to become a Local business; (3) any other sufficient documentation required by the Awarding Authority.
All required supporting documentation/ evidence demonstrating qualification as a Provisionally Qualified Local Business must be submitted to the Awarding Department within 30 days of request.
a. If an Awarding Department is satisfied with the documentation submitted by the Provisionally Qualified Local Business, and it determines that it shall award the contract to the business, then the Awarding Department, prior to the execution of the contract, shall send BCA a memo stating that the business was able to demonstrate that it qualifies as a Provisionally Qualified Local Business. The memo shall also list the documents received by the Awarding Department, with copies attached, and recommend that BCA determine the business to be a Provisionally Qualified Local Business.
6. A Provisionally Qualified Local Business shall lose its status as such when it fails to fully comply as a local business within 60 days after the date on which the Contract with the City is executed. The Awarding Department shall notify the Provisionally Qualified Local Business thirty (30) days after contract award that it shall comply as a local business or contract award will be rescinded.
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7. Loss of status as a Provisionally Qualified Local Business is permanent and forbids a business from qualifying as a Provisionally Qualified Local Business in the future for purposes of bidding on City Contracts.
8. The maximum preference for all qualifying local businesses, local subcontractor (s), and provisionally qualified local businesses shall not exceed 8% credit of the total evaluation points for any proposal.
9. In the event where a certified Local business, bids on a City contract, and is determined by the Awarding Department after the bid deadline to not qualify as a Local Business, the business will be eligible for the Local Subcontractor Preference of up to 5%, if it has identified a qualifying Local Subcontractor(s) to perform work under the contract.
a. The above exemption shall only apply where the non-compliance is an error or mistake. It shall not apply to a business that intentionally or fraudulently claims to be a Local Business through misleading or false statements.
b. It is the responsibility of the business registered on LABAVN as a certified Local Business to inform BCA via email at [email protected], that it no longer meets the certification criteria within 7days of the change. Failure to do so shall be construed as a misleading and/or false statement.
10. Upon receipt of information believed by the Awarding Authority to be reliable and which indicates that the Local Business no longer qualifies as a Local Business for more than 60 days during the entire time of the Contract, the Awarding Authority shall withhold or recover funds from the Contractor in an amount that represents the value of 8% of the executed contract.
11. If for any reason the Local Subcontractor, providing the basis for a Local Subcontractor Preference, is unable to, or does not, perform the work under the Contract; the Contractor shall, within 60 days, replace that Local Subcontractor with another Local Subcontractor. If the Contractor is unable to replace the Local Subcontractor specified in the Contract with another Local Subcontractor within 60 days, the Awarding Authority shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the work that was pledged to the Local Subcontractor, not to exceed 8% of the Contractor’s executed contract.
12. Value of the Proposal Preference may be calculated as the difference between the Proposal price between the Contractor’s Proposal and the Proposal of the next most competitive bid. In cases where the value of the awarded Business’s proposal price is lower, the value of the Proposal Preference may be calculated as the product between the proposal preference percentage points provided and the submitted proposal price.
13. In the event that investigations reveal that a business fraudulently represents itself as a Local Business for the purpose of gaining a preference under the LBPP, the business shall not be eligible for the Local Business status for up to five years from the date of
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disqualification. This will also apply to any business that has received a preference, but failed to maintain its Local Business qualification for a cumulative of 60 days during the entire time of the contract.
E. Complaints and Protests
1. All complaints and/or protests regarding qualifying local businesses, provisionally qualified local businesses, and local subcontractors claiming non-compliance by Awarding Authorities or its failure to maintain certification criteria, shall be made to the BCA/OCC either in writing or by email for further investigations. Complaints must be accompanied by documentation which substantiates complainant’s allegations.
2. Any complaints that meet the criteria of No. 1 shall be investigated by BCA/OCC in its role as the Designated Administrative Agency.
Submit complaints to:
By Mail Bureau of Contract Administration Office of Contract Compliance Department of Public Works 1149 South Broadway, Suite 300 Los Angeles, CA 90015
By Email [email protected]
LBPP Citywide RFB (Rev. 07/15/2019)
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Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance
Any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance, Section 10.48 of the Los Angeles Administrative Code. The Ordinance provides, among other things, that contractors/subcontractors with at least 10 employees are: prohibited from seeking a job applicant’s criminal history information until after a job offer is made; must post Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance information in conspicuous places at worksites; and cannot withdraw a job offer based on an applicant’s criminal history unless a link has effectively been made between the applicant’s criminal history and the duties of the job position.
Bidders/Proposers seeking additional information regarding the requirements of the Contractors’ Use of Criminal History for Consideration of Employment Applications Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
CONTRACTORS’ USE OF CRIMINAL HISTORY RFB/RFP/RFQ (Rev. 6/18) Vision Zero - Phase 2D, W.O. E1908593
Contractor Evaluation Program
At the end of this contract, the City will conduct an evaluation of the Contractor's performance. The City may also conduct evaluations of the Contractor's performance during the term of the contract. As required by Section 10.39.2 of the Los Angeles Administrative Code, evaluations will be based on a number of criteria, including the quality of the work product or service performed, the timeliness of performance, financial issues, and the expertise of personnel that the Contractor assigns to the contract. A Contractor who receives a “Marginal” or “Unsatisfactory” rating will be provided with a copy of the final City evaluation and allowed 14 calendar days to respond. The City will use the final City evaluation, and any response from the Contractor, to evaluate proposals and to conduct reference checks when awarding other personal services contracts.