BID PROPOSAL
In and for the
City of Los Angeles, California Department of Public Works Bureau of Engineering
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) - Phase 2 W. O. No. L1502806
BID PROPOSAL TABLE OF CONTENTS PAGE Table of Contents…………………………………..……………..………….
2 pages
Important Notice…………………………………………………………….
4 pages
PART I Proposal Cover……………………………………………………………… 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 ………………………………………………….. 1-10 Electrical Safety Policy Implementation Plan……………….……………… 1-11 Iran Contracting Act of 2010 Compliance Affidavit ……………….………. 1-12a thru 1-12c PART II City of Los Angeles Non-Discrimination, Equal Employment Practices, Affirmative Action Requirements for Construction Contractors…………… 2-1
thru
2-2
thru
3-20
PART III Board of Public Works Business Inclusion Program (BIP) Outreach………… 3-1 PART IV General Instructions and Information for Bidders……..………….………… 4-1 thru Required Insurance and Minimum Limits………………………….……… 1 page Stipulated Unit Prices………………………………………….…………… 4 pages Department of Water & Power Standard Drawing…………………………
6 pages
Holiday Season Excavation Restrictions……………………………………
9 pages
Rev. 2/11/2014
i
4-8
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 Slavery Disclosure Ordinance…………………………………….…………
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
ATTACHMENTS
1. Plan Drawings a. Index No. D-34564 (39 sheets) b. Index No. D-34565 (52 sheets) 2. Special Provisions and Exhibits a. Section 1. General Provisions b. Section 2. Construction Details c. Exhibits i. Exhibit 1 - Holiday Season Street Closure Restrictions ii. Exhibit 2 - Optical Specifications iii. Exhibit 3 - Cable Identification Tag iv. Exhibit 4 - Exhibit Intentionally Left Blank v. Exhibit 5 - Typical Fiber Optic Termination Hardware (Corning Design) vi. Exhibit 6 - Punch Block Wiring vii. Exhibit 7 - Exhibit Intentionally Left Blank viii. Exhibit 8 - Exhibit Intentionally Left Blank ix. Exhibit 9 - List Of Caltrans Intersections x. Exhibit 10 - LADOT Sign Specifications No. 82-044-04
Rev. 2/11/2014
ii
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. Additionally, Bidders are required to complete and submit with their Bid/Proposal the Anticipated Employment Utilization Report (Page 2-2). 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:
Rev. 4/15/2015
THE BIDDER’S FAILURE TO PASS THE BIP OUTREACH DOCUMENTATION PROCESS WILL RENDER THE BID NONRESPONSIVE. Page 1 of 4
B.
MANDATORY PRE-BID MEETING - BUSINESS INCLUSION PROGRAM (BIP) OUTREACH All bidders must attend the mandatory pre-bid meeting scheduled for July 9, 2015 at 1:00 p.m. at 1149 S. Broadway, Sub-Basement Conference Room No. 7, Los Angeles, CA 90015. The purposes of this mandatory 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 Veterans Business Enterprises (DVBE) and describe how to submit the BIP Outreach Documentation using the City’s BAVN and show how to obtain a complete set of bid documents, including all addenda, for this project through the City’s BAVN. During the mandatory pre-bid meeting, the City will show the bidders how to operate the City’s BAVN. FAILURE BY THE BIDDER TO ATTEND THE MANDATORY PRE-BID MEETING MAY RESULT IN THE BOARD OF PUBLIC WORKS DECLARING THE BID NON-RESPONSIVE. The Board of Public Works anticipated level of MBE participation is 5%, WBE participation is 3%, SBE participation is 25%, EBE participation is 8%, and DVBE participation is 3% (See Part III of the Proposal).
C.
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 10% 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.
D.
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.
E.
BIDDER INFORMATION AND ASSISTANCE Requests for clarification of conflicts and omissions from the contract documents shall be addressed in writing to: Inder Dugal Department of Transportation 100 S. Main St., 9th Floor Los Angeles, CA 90012 FAX: (213)972-5075 E-MAIL:
[email protected]
Rev. 4/15/2015
Page 2 of 4
The deadline for receipt of written questions is July 15, 2015. 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: 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
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.
ENHANCED ELECTRICAL SAFETY POLICY – IMPLEMENTATION PLAN As stated in the General Requirements, Section 01412 “Enhanced Electrical Safety Policy,” failure of the bidders to sign and submit a completed BCA 168 Form entitled ‘Enhanced Electrical Safety Policy – Implementation Plan’ (page 1-11) with their bid may result in their bid being deemed non-responsive.”
J.
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.
Rev. 4/15/2015
Page 3 of 4
K.
IRAN CONTRACTING ACT OF 2010 In accordance with California Public Contract Code Sections 2200-2208, all bidders submitting proposals for entering into or renewing contracts with the City of Los Angeles for goods and services estimated at $1,000,000 or more are required to complete, sign and submit the “Iran Contracting Act of 2010 Compliance Affidavit.”
THE DOCUMENTS CONTAINED HEREIN HAVE BEEN APPROVED BY: Digitally signed by Reynaldo Sison DN: cn=Reynaldo Sison, o=Bureau of Engineering, ou=PACD,
[email protected], c=US Date: 2015.06.24 15:22:40 -07'00'
_______________________________________ Julie K. Sauter, PE Division Engineer Project Award and Control Division Bureau of Engineering
Rev. 4/15/2015
Page 4 of 4
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.
BID PROPOSAL PART I OF IV
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) - Phase 2 W.O. L1502806
In and for the
City of Los Angeles California TYPE OF CONTRACT
CASH
PROPOSAL ATTACHMENTS
Plan Drawings: Index No. D-34564 (39 sheets) and D-34565 (52 sheets)
SPECIFICATIONS
Special Provisions and Exhibits, Standard Specifications for Public Works Construction (Greenbook) 2009 Edition as amended by the City's Brown Book, January 6, 2011 Edition.
PROJECT LOCATION
2010 Thomas Guide: Pages 593 and 594
**COMPLETION TIME
240 Working Days
LIQUIDATED DAMAGES
$2,000.00 per Calendar Day
BID DATE
Bids must be received no later than 10:00 a.m. on August 5, 2015 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: (
)
Contractor's License Number:
Fax Number: ( Classification:
Business Tax Registration Certificate (BTRC) No.:
1-1 Rev. 4/09/13
) Expiration Date:
SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering
ECHO PARK/SILVERLAKE ADAPTIVE TRAFFIC CONTROL SYSTEM (ATCS) PHASE 2 W.O. L1502806 ITEM DESCRIPTION
1
UNIT
STREET LIGHTING
LS
PLAN INDEX No. D-34564
2
FRANKLIN AVE. & WESTERN AVE.
LS
3
FERN DELL DR. & LOS FELIZ BLVD.
LS
4
SERRANO AVE. & SUNSET BLVD.
LS
5
HOBART BLVD. & SUNSET BLVD.
LS
6
FOUNTAIN AVE. & HOBART BLVD.
LS
7
KINGSLEY DR. & SUNSET BLVD.
LS
8
LOS FELIZ BLVD., WINONA BLVD. & CUMMINGS DR. (PVT.)
LS
9
FRANKLIN AVE. & NORMANDIE AVE.
LS
10 NORMANDIE AVE. & SUNSET BLVD.
LS
11 FOUNTAIN AVE. & NORMANDIE AVE.
LS
12 ALEXANDRIA AVE. & HOLLYWOOD BLVD.
LS
13 ALEXANDRIA AVE. & SUNSET BLVD.
LS
14 ALEXANDRIA AVE. & FOUNTAIN AVE.
LS
15 ALEXANDRIA AVE. & SANTA MONICA BLVD.
LS
16 EDGEMONT ST. & FRANKLIN AVE.
LS
17 EDGEMONT ST. & HOLLYWOOD BLVD.
LS
18
EDGEMONT ST. BET. SUNSET BLVD. & HOLLYWOOD BLVD. (SMART X-WALK)
LS
19 EDGEMONT ST. & SUNSET BLVD.
LS
20 EDGEMONT ST. & FOUNTAIN AVE.
LS
21 EDGEMONT ST. & SANTA MONICA BLVD.
LS
22 HOLLYWOOD BLVD. & NEW HAMPSHIRE AVE.
LS
23 FOUNTAIN AVE. & L. RON HUBBARD WAY
LS
24 FINLEY AVE. & VERMONT AVE.
LS
25 MELBOURNE AVE. & VERMONT AVE.
LS
26 BARNSDALL AVE., MAUBERT AVE. & VERMONT AVE.
LS
27
SUNSET BLVD. BET. RODNEY DR. & VERMONT AVE. (SMART XWALK)
LS
28 MADISON AVE. & SANTA MONICA BLVD.
LS
29 AMBROSE AVE. & HILLHURST AVE.
LS 1-2a
QTY.
UNIT PRICE
ITEM TOTAL
SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering
ECHO PARK/SILVERLAKE ADAPTIVE TRAFFIC CONTROL SYSTEM (ATCS) PHASE 2 W.O. L1502806 ITEM DESCRIPTION
UNIT
30 FRANKLIN AVE. & HILLHURST AVE.
LS
31 HILLHURST AVE. & MELBOURNE AVE.
LS
32 HILLHURST AVE. & PROSPECT AVE.
LS
33
HILLHURST AVE., HOLLYWOOD BLVD., SUNSET BLVD., SUNSET DR. & VIRGIL AVE.
LS
34 FOUNTAIN AVE. & VIRGIL AVE.
LS
35 LEXINGTON AVE. & VIRGIL AVE.
LS
36 COMMONWEALTH AVE. & FRANKLIN AVE.
LS
37 HOOVER ST., MYRA AVE. & SANTA MONICA BLVD.
LS
38 HOOVER ST. & MELROSE AVE.
LS
PLAN INDEX No. D-34565
39 FOUNTAIN AVE. & HYPERION AVE.
LS
40 HYPERION AVE. & SUNSET BLVD.
LS
41 LUCILE AVE. & SUNSET BLVD.
LS
42 SAINT GEORGE ST. & TRACY ST.
LS
43 HYPERION AVE. & ROWENA AVE.
LS
44 HYPERION AVE. & GRIFFITH PARK BLVD.
LS
45 HYPERION AVE. & TRACY ST.
LS
46 HYPERION AVE. & LYRIC AVE.
LS
47 MALTMAN AVE. & SUNSET BLVD.
LS
48 MICHELTORENA ST. & SUNSET BLVD.
LS
49 DESCANSO DR., SUNSET BLVD. & WESTERLY TERRACE
LS
50 DUANE ST. & SILVER LAKE BLVD.
LS
51 EFFIE ST. & SILVER LAKE BLVD.
LS
52 BERKELEY AVE. & SILVER LAKE BLVD.
LS
53 RESERVOIR ST. & SILVER LAKE BLVD.
LS
54 MARATHON ST., RENO ST. & SILVER LAKE BLVD.
LS
55 BELLEVUE AVE. & SILVER LAKE BLVD.
LS
56 HOLLYWOOD FWY N/B OFF-RAMP & SILVER LAKE BLVD.
LS
57 BENTON WAY & SUNSET BLVD.
LS
58 ROSEMONT AVE. & SUNSET BLVD.
LS
1-2b
QTY.
UNIT PRICE
ITEM TOTAL
SCHEDULE OF WORK AND PRICES City of Los Angeles - Department of Public Works - Bureau of Engineering
ECHO PARK/SILVERLAKE ADAPTIVE TRAFFIC CONTROL SYSTEM (ATCS) PHASE 2 W.O. L1502806 ITEM DESCRIPTION
UNIT
59 FLETCHER DR., GLENDALE BLVD. & SILVER RIDGE AVE.
LS
60 GLENDALE BLVD. & SILVER LAKE BLVD.
LS
61 GLENDALE BLVD. & RIVERSIDE DR.
LS
62 CRYSTAL ST., FLETCHER DR. & RIPPLE ST.
LS
63 GOLDEN STATE FWY. N/B OFF-RAMP & LOS FELIZ BLVD.
LS
64 GLENFELIZ BLVD. & LOS FELIZ BLVD.
LS
65 GLENDALE BLVD, GLENFELIZ BLVD. & GLENHURST AVE.
LS
66 GLENDALE BLVD. & MADERA AVE.
LS
67 FLETCHER DR. & GLENDALE FWY. W/B OFF-RAMP
LS
68 BRUNSWICK AVE. & RIGALI AVE.
LS
69 BRUNSWICK AVE. & LOS FELIZ BLVD.
LS
70 BRUNSWICK AVE., GLENDALE BLVD. & LARGA AVE.
LS
71 FLETCHER DR. & LARGA AVE.
LS
72 LOS FELIZ BLVD. & REVERE AVE.
LS
73 GLENDALE BLVD. & REVERE AVE.
LS
74 FLETCHER DR. & LA CLEDE AVE.
LS
75 PERMITS - CALTRANS (EXHIBIT 8)
LS
76 FIELD OFFICE, CLASS "A" WITH AIR CONDITIONING
LS
QTY.
UNIT PRICE
ITEM TOTAL
TOTAL BID AMOUNT: Unit abbreviation: LS=lump sum
NOTES
ENHANCED ELECTRICAL SAFETY POLICY is applicable on this project for on-site electrical work. See Bid Proposal, Part IV "General Instructions and Information for Bidders," subsection 16b.
1-2c
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
CONSTRUCTION
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 ____________________ Contractor’s License Number
Bidder/Proposer Business Name
________________________________________________________________________________________ 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: ___________
Responsibility Questionnaire (rev 1/25/12)
1-3 a
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
CONSTRUCTION
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. ______________________________________
______________________________________
______________________________________
______________________________________
Responsibility Questionnaire (rev 1/25/12)
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
CONSTRUCTION
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) ]
Responsibility Questionnaire (rev 1/25/12)
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
CONSTRUCTION
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 selfinsured, 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.
Responsibility Questionnaire (rev 1/25/12)
1-3 d
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
CONSTRUCTION
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 nonresponsible 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
(b)
Work performance on a contract? Yes
(c)
No
No
Employment-related litigation brought by an employee? Yes
No
Responsibility Questionnaire (rev 1/25/12)
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CONSTRUCTION
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)
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CONSTRUCTION
I. 25.
BUSINESS INTEGRITY 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 (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
(c)
No
No
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)
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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 _____
Responsibility Questionnaire (rev 1/25/12)
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CONSTRUCTION
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)
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CONSTRUCTION
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 • American with Disabilities Act • Immigration Reform and Control Act • Family Medical Leave Act • Fair Labor Standards Act • Davis-Bacon and laws covering wage requirements for federal government contract workers • Migrant and Seasonal Agricultural Workers Protection Act • Immigration and Naturalization Act • Occupational Safety and Health Act • anti-discrimination provisions applicable to government contractors and subcontractors • whistleblower protection laws
California’s Department of Industrial Relations • wage and labor standards, and licensing and registration • occupational safety and health standards • workers’ compensation self insurance plans • Workers’ Compensation Act • wage, hour, and working standards for apprentices • any provision of the California Labor Code
Federal Department of Justice • Civil Rights Act • American with Disabilities Act • Immigration Reform and Control Act of 1986 • bankruptcy fraud and abuse
California Department of Consumer Affairs
Federal Department of Housing and Urban Development (HUD) • anti-discrimination provisions in federally subsidized/assisted/sponsored housing programs • prevailing wage requirements applicable to HUD related programs
California’s Department of Justice
California’s Department of Fair Employment and Housing • California Fair Employment and Housing Act • Unruh Civil Rights Act • Ralph Civil Rights Act
• •
licensing, registration, and certification requirements occupational licensing requirements administered and/or enforced by any of the Department’s boards, including the Contractor’s State Licensing Board
LOCAL ENTITIES City of Los Angeles or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions issued by the City of Los Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions in dollar amounts subcontracted.
Federal Environmental Protection Agency • Environmental Protection Act National Labor Relations Board • National Labor Relations Act
OTHERS Federal Equal Employment Opportunity Commission • Civil Rights Act • Equal Pay Act • Age Discrimination in Employment Act • Rehabilitation Act • Americans with Disabilities Act
Responsibility Questionnaire (rev 1/25/12)
Any other federal, state, local governmental entity for violation of any other federal, state, or local law or regulation relating to wages, labor, or other terms and conditions of employment.
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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 SRIS/CRO-3, Pledge of Compliance (Rev. 5/25/04)
Contract Number
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
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 who submit this proposal to the Board of Public Works and hereby declare:
Expiration Date
.
(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
Name
Second Signature
Title
Date
2.
Note: ALL SIGNATURES MUST BE PROPERLY COMPLETED AND WITNESSED BY A NOTARY
11/25/14
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. L1502806 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 Corporation/Company
Print Surety's Name
Signature
Mailing Address
1. By: Title
Print Name
Date
Signature
Second Signature
Title
Second Signature Title
Title
Second Signature Date
Title
2.
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.
07/03/06
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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. Subcontractor Name, Business Address, Telephone Number, and Contact Person
State Contractor=s License Number and Exp. Date
Certification Agency and Certification # (1)
Dollar Value of Subcontract
License Number:
LA
$
CT MTA SCMBDC
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos.: License Number:
LA
CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. License Number:
LA
CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work: (1) Specify Certifying agency:
(Rev. 07/19/11)
MBE WBE SBE EBE DVBE Bid Item Nos.
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.
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
LIST OF SUBCONTRACTORS (continued) Subcontractor Name, Business Address, Telephone Number, and Contact Person
State Contractor=s License Number and Exp. Date
Certification Agency and Certification # (1)
Dollar Value of Subcontract
License Number:
LA CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. License Number:
LA CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. License Number:
LA CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. License Number:
LA CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. License Number:
LA CT MTA SCMBDC
$
Cert # Expiration Date:
Description of work: (1) Specify Certifying agency:
MBE WBE SBE EBE DVBE
Expiration Date: Gender/Ethnicity:
Bid Item Nos. 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)
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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, and Contact Person
Certification Agency and Certification # (1) LA CT MTA SCMBDC
Total Dollar Amount of Subcontract
Cert #
$
MBE WBE SBE EBE DVBE
Description of material/service rendered:
Exp.:
Dollar Amount Applicable Toward MBE/WBE/SBE/EBE/DVBE/MSM Participation Levels (2) (3)
Gen./Eth.:
$
LA
CT MTA SCMBDC
Cert #
Exp.:
Dollar Amount Applicable Toward MBE/WBE/SBE/EBE/DVBE/MSM Participation Levels (2) (3)
Gen./Eth.:
$
LA CT MTA SCMBDC
Total Dollar Amount of Subcontract
Cert #
$
MBE WBE SBE EBE DVBE
Description of material/service rendered:
Total Dollar Amount of Subcontract $
MBE WBE SBE EBE DVBE
Description of material/service rendered:
Supplier/Broker Subcontract Information
Exp.:
Dollar Amount Applicable Toward MBE/WBE/SBE/EBE/DVBE/MSM Participation Levels (2) (3)
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.
(Rev. 07/19/11)
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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 Company Name Date
07/03/06
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Equal Benefits Ordinance 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 upload, the Equal Benefits Ordinance Affidavit (two (2) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract valued at $5,000. The Equal Benefits Ordinance Affidavit shall be valid for a period of twelve months 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 Equal Benefits Ordinance 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.
EBO RFP/RFB/RFQ Language (Rev. 7/12)
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) - Phase 2
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
Department of General Services Procurement Division 707 Third Street, Second Floor, West Sacramento, CA 95605 (916) 375-4400 (800) 559-5529 List Date: June 3, 2013 Entities Prohibited from Contracting with Public Entities in California per the Iranian Contracting Act, 2010 1. 2. 3. 4. 5. 6.
Ak Makina Amona Belaz Belneftkhim ChinaOil CNPC (China National Petroleum Corporation) 7. DK Tech Corporation 8. Grimley Smith Associates 9. Hyundai Heavy Industries 10. Indian Oil Corporation 11. Kingdream PLC 12. Liquefied Natural Gas Limited 13. Naftiran 14. Oil and Natural Gas Corp (ONGC) 15. Oil India Limited
16. Panyu Chu Kong Steel Pipe Company, Ltd. 17. Petroleos de Venezuela 18. Schwing America Inc. 19. Shandong FIN CNC Machine Co., Ltd. 20. Sinohydro 21. Sinopec Corp 22. SK Energy 23. Snam Rete Gas 24. Sonangol 25. Unipec
If you have any questions regarding this list, please contact:
Office of Policies, Procedures and Legislation
[email protected]
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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. BTRC (or n/a)
Vendor Name/Financial Institution (printed) By (Authorized Signature) Print Name and Title of Person Signing Date Executed
City Approval (Signature)
(Print Name)
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
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.
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
BID PROPOSAL
PART II
Print and submit with your bid page 2-2, single sided only, and submit the online forms indicated on page 2-1 on BAVN.
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
Nondiscrimination, Equal Employment Practices and Affirmative Action Program (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. Construction projects with the City of Los Angeles for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Section 10.8.3, Equal Employment Practices Provisions. All Bidders/Proposers shall complete and upload the Non-Discrimination/Equal Employment Practices Certification (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org, no later than the time when an individual Bid/Proposal is submitted. However, Bidders/Proposers with Certifications previously uploaded to BAVN within the last year do not need to re-submit the document. Construction projects with the City of Los Angeles for which the consideration is $5,000 or more shall comply with the provisions of Los Angeles Administrative Code Section 10.8.4 and 10.13, herewith referred to as the Affirmative Action Program. Bidders/Proposers are required to complete the City of Los Angeles Affirmative Action Plan (two (2) pages) and upload it to BAVN no later than the time when an individual Bid/Proposal is submitted. Bidders/Proposers opting to submit their own Affirmative Action Plan may do so by uploading it onto BAVN. Bidders/ Proposers with Affirmative Action Plans previously uploaded to BAVN during the last year do not need to re-submit the document. Additionally, Bidders/Proposers must complete and submit with their bid, the “Anticipated Employment Utilization Report” on page _2-2_ of this Bid Proposal, to effectuate the requirements of Los Angeles Administrative Code Section 10.13. The form can also be downloaded from the Bureau of Contract Administration web page at http://bca.lacity.org. Furthermore, subject subcontractors shall be required to submit the Non-Discrimination/ Equal Employment Practices Certification, Affirmative Action Plan, and the Anticipated Employment Utilization Report to the successful Bidder/Proposer prior to commencing work on the contract. The subcontractors’ Non-Discrimination/Equal Employment Practices Certification(s), Affirmative Action Plan(s), and Anticipated Employment Utilization Report(s) shall be retained by the successful Bidder/Proposer and shall be made available to the Office of Contract Compliance upon request. Both the Non-Discrimination/Equal Employment Practices Certification and the City of Los Angeles Affirmative Action Plan Affidavit shall be valid for a period of twelve (12) months from the date it is first uploaded onto the City’s BAVN. Bidders/Proposers seeking additional information regarding the requirements of the City’s NonDiscrimination 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. 08/12)
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Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
ANTICIPATED EMPLOYMENT UTILIZATION REPORT
Project Title Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 E-mail: City: State: CONSTRUCTION PROJECTS FOR WHICH THE CONSIDERATION IS $5,000 OR MORE
PRIME SUB Contractor Contractor Address
OCC File #
As part of the Affirmative Action Plan your company must set forth anticipated minority, women, and all other staffing utilization by the contractor and all subcontractors on each project constructed by the City using 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.
(L.A. County Only)
(Note: J - Journeyman, A - Apprentice, T - Trainee, F - Female, M - Male) AFRICAN AMERICAN (BLACK) CRAFT Brick Mason
J
A
T
ASIAN / PACIFIC ISLANDER
HISPANIC J
A
T
J
A
T
AMERICAN INDIAN/ ALASKAN NATIVE J
A
T
CAUCASIAN (NON-HISPANIC) J
A
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: AAP-2 Form (6/11)
Title:
Date:
2-2
T
TOTAL EMPLOYEES J
A
T
% MINORITY J
A
T
GENDER M
F
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
BID PROPOSAL
PART III
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
PROPOSAL PART III (Pages 3-1 through 3-20)
BOARD OF PUBLIC WORKS 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 Board of Public Works.
Failure to submit the required documentation by 4:30 p.m. on the calendar day following the date bids are received by the Board of Public Works will render the bid non-responsive. The Board of Public Works anticipated levels of MBE, WBE, SBE, EBE, and DVBE participation are listed in the Important Notice.
NOTE:
BIP Outreach Program information and/or assistance may be obtained through the City's Bureau of Contract Administration, Office of Contract Compliance by e-mail at
[email protected]. Technical assistance in using the BAVN may be obtained through the e-mail link on the BAVN’s website.
3-1 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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TABLE OF CONTENTS
BOARD OF PUBLIC WORKS BUSINESS INCLUSION OUTREACH PROGRAM
PAGE
INTRODUCTION Cover
3-1
Table of Contents
3-2
PARAGRAPH A. General
3-3
B. MBE/WBE/SBE/EBE/DVBE/OBE Participation
3-3
C. Definitions
3-3
D. BIP Outreach Documentation
3-7
E. Award of Contract
3-12
F. Subcontractors
3-12
G. Subcontractor Substitution
3-14
H. Submittal Documents
3-17
I. Sub-agreement Falsification
3-18
J. Final Subcontracting Report Submittal
3-18
FORMS Subcontractors / Subcontractor Substitutions Form
3-19
Final Subcontracting Report Form
3-20
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BOARD OF PUBLIC WORKS BUSINESS INCLUSION PROGRAM (BIP) FOR USE ON CITYFUNDED CONSTRUCTION CONTRACTS A.
General This project is subject to the City of Los Angeles, Department of Public Works BIP outreach requirements which are to be followed by bidders on advertised Request for Bids. The Department 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 Department 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 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 nonresponsive. Additional information and/or assistance in implementing this program may be obtained through the Bureau of Contract Administration, Office of Contract Compliance by e-mail at
[email protected].
B.
MBE/WBE/SBE/EBE/DVBE/OBE Participation The BIP outreach policy requires the bidder to make a “Good Faith Effort” to obtain sub-bid participation by MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs which is anticipated by the Board of Public Works to produce levels of participation as stated in the Important Notice.
C.
Definitions 1.
2.
3.
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.
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 $14 million.
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 revenue does not exceed $3.5 million. 3-3
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4.
Disabled Veteran Business Enterprise (DVBE): For the purpose of this program, Disabled 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) Los Angeles County Metropolitan Transportation Authority (Metro); 4) 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; or 5) Southern California Minority Business Development Council, Inc. (SCMBDC) for MBE certifications only. Applications for certification and directories of MBE/WBE certified firms are available at the following locations: 1.
City of Los Angeles Office of Contract Compliance, 1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Telephone: (213) 847-2684 Fax: (213) 847-2777 Internet address: http://bca.lacity.org
3-4 Public Works Construction – BAVN BIP (Rev. 07/10/12)
Echo Park/Silverlake Adaptive Traffic Control System (ATCS) Phase 2 W.O. No. L1502806
b.
2.
CalTrans State of California, Department of Transportation, Civil Rights Group, 1823 14th Street, Sacramento, CA 95814 Telephone: (916) 324-1700 To order a directory, call (916) 445-3520 Internet address: http://www.dot.ca.gov/hq/bep/
3.
Los Angeles County Metropolitan Transportation Authority Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (213) 922-2600 Fax: (213) 922-7660 Internet address: http://www.metro.net
4.
Southern California Minority Business Development Council, Inc. (for a fee) 800 W. 6th Street, Suite 850, Los Angeles, CA 90017 Telephone: (213)689-6960 Fax: (213) 689-1707 Internet address: www.scmbdc.org
Certification as a Small or Emerging Business Enterprise: An SBE must be certified by either: 1) City of Los Angeles, Bureau of Contract Administration; or 2) State of California, Office of Small Business & Disabled Veterans Business Enterprise Services so long as the certification meets al of the City of Los Angeles’ SBE and EBE certification criteria. Note: 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.
c.
Certification as a Disabled Veteran Business Enterprise: A DVBE must be certified by State of California, Office of Small Business & Disabled Veterans Business Enterprise Services.
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 subbidder/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 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.
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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 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, and/or DVBE 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. 3-6
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D.
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.
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 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. 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, Subcontractor Outreach and Enforcement Section (SOE) 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.
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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 bidders name will be evaluated. Therefore, submission by a third party will result in the bidder being deemed non-responsive. 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 Board to produce a reasonable level of participation by interested business enterprises, including the MBE, WBE, SBE, EBE and DVBE anticipated percentages set forth in the Important Notice 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 Citysponsored 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 prebid meeting attendance roster. This requirement will 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
The bidder has identified the minimum number, as determined by the Department, 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 who 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. 3-8 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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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 Board of Public Works. 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
1-10 11-20 21-50 51-100 101-200 >200
100% 80% 60% 40% 25% 10%
Number Prime Must Notify 1-10 9-16 13-30 21-40 26-50 20+
A bidder’s failure to utilize this notification function will result in their bid being deemed nonresponsive. 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 bid submittal deadline. In utilizing the BAVN’s notification function, bidders will receive a message if they have failed to outreach to a sufficient number of firms when they go to view their summary sheet. 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. City staff will access the BAVN and verify compliance with this indicator after the bid submission deadline. In case of technical error, please follow the process for reporting these errors as outlined in Section D. 3-9 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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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 Registered Subcontractor, as determined by the Board. 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, and OBE bids or quotes must be submitted prior to the bidder being awarded the contract.
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 reasons for selection/non-selection should be included in the notes section of the online Summary Sheet. If the bidder elects to perform a work area with its own forces and they received a sub-bid, they must include a bid that shows their own costs for the work. All bids received, regardless of whether or not the bidder outreached to the subcontractor, must be submitted and included on the on-line 3-10 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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Summary Sheet. To that extent, the City expects the bidder to submit a bid from each subcontractor listed on the online Summary Sheet. All potential subcontractors with whom the bidder 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 first calendar day following the day of the bid submittal deadline. If a bid is submitted by a sub-bidder/subcontractor that is not registered with the BAVN, the contractor is required to add that firm to their online Summary Sheet. A bidder’s failure to utilize the BAVN’s Summary Sheet function will result in their bid 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 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 Board 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 Board.
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E.
Award of Contract The Board 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 Board 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 Board considers awarding away from the apparent low bidder because of the bidder’s failure to supply adequate BIP Outreach documentation, the Board shall afford the bidder an opportunity to present further evidence to the Board 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, 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 Inspector acting on behalf of the Board of Public Works 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. For the purpose of Subcontractor approval and/or substitution, Inspector shall mean the SRI Section of the General Services Division of the Bureau of Contract Administration. 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). 2. Any reduction, increase, or other change to any Subcontract amount without prior approval of the Inspector 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 Inspector 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. 3-12
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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 Inspector setting forth the facts constituting the emergency or necessity. 5. All requests for approval of Subcontractors must contain the following information: A. B. C. D. E. F. G. H. I. J.
Project Name Project Work Order Number Subcontractor’s Name Subcontractor’s Business Address Subcontractor’s Business Phone Number Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) Subcontractor’s State of California Contractor License Number Subcontractor’s City of Los Angeles Business Tax Receipt Certificate Number Dollar Amount of Work to be performed 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 Inspector 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, and for all subcontractors listed in order to meet the MSM of this project. 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 Inspector acting on behalf of the Board of Public Works. An Illegal Subcontractor Substitution is subject to a penalty of ten (10) percent of the subcontract amount, whether bid listed or not.
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10. Failure of the Contractor to request and obtain approval from the Inspector 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. Subcontractors approved to work on the project following the date of the original Bid will not be counted toward the MSM requirement of the project. 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 Bidlisted or not, during construction: 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 Inspector. All substitutions of Subcontractors, whether bid-listed or approved after the date of the original Bid opening, shall be approved in writing by the Inspector acting on behalf of the Board of Public Works 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 Inspector. 3-14 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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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 Inspector, acting on behalf of the Board, 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 Inspector’s satisfaction that the name of the subcontractor was listed as the result of an inadvertent clerical error. 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 Inspector 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 Inspector. j. When the Board 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 Inspector. 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 Inspector, and must include letter(s) of explanation as to the reason for the requested substitution.
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3. The Contractor shall conduct a Good Faith Effort 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 a minimum of one 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 Special Research and Investigation Section of the General Services Division of the Bureau of Contract Administration 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. 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 Office of Contract Compliance (OCC) by email at
[email protected] 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 Inspector of Public Works for review by the Special Research and Investigation Section of the General Services Division of the Bureau of Contract Administration. 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 Bidlisted or approved after the original date of Bid opening is: a. Project Name b. Project Work Order Number c. Original Subcontractor’s Name 3-16 Public Works Construction – BAVN BIP (Rev. 07/10/12)
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d. e. f. g. h. i. j. k. l. m. n.
Original Subcontractor’s Business Address Original Subcontractor’s Business Phone Number Original Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) Letter of withdrawal from original Subcontractor (when applicable) Letter of explanation from the Prime Contractor stating reason(s) for request Substituting Subcontractor’s Name Substituting Subcontractor’s Business Address Substituting Subcontractor’s Business Phone Number Substituting Subcontractor’s State of California Contractor’s License Number Substituting Subcontractor’s Status (MBE, WBE, SBE, EBE, DVBE, OBE) 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. Good Faith Effort Documentation 4. Penalties: A Contractor violating any provision(s) of this subsection shall be deemed in violation of the Contract, and the Board at its discretion may: 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 will 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 Inspector. 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 Bureau of Contract Administration, Office of Contract Compliance. 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. 3-17
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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 3-20, to the Bureau of Contract Administration, Office of Contract Compliance, Subcontractor Outreach and Enforcement Section, within fifteen (15) calendar days after the issuance of the Statement of Completion by the Bureau of Contract Administration. Failure to comply will result in the assessment of liquidated damages in the amount of $100.00 per day by the Board of Public Works.
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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 Board of Public Works 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 SRI Section of the General Services Division of the Bureau of Contract Administration (BCA) prior to the Subcontractor(s) performing any work on this project. The Contractor understands that no entity other than the SRI Section of BCA 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 Bidlisted or not, without the approval of the SRI Section of BCA acting on behalf of the Board of Public Works. The Contractor understands and acknowledges that there shall 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 SRI Section of BCA 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 SRI Section of BCA. 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 SRI Section of BCA. 4. Substituting for any Subcontractor(s), at any level, whether Bid-listed or not, without the approval of the SRI Section of BCA acting on behalf of the Board of Public Works. 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 SRI Section of BCA. ___________________________________
__________________________________
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) Project
Echo Park/Silverlake Adaptive Traffic Control System Title: (ATCS) Phase 2
Contractor:
Work Order No.: L1502806
Contact Name: ________________________
Address: _________________________________________________________________
Name, Address and Telephone # of Bid-listed Subcontractor/Supplier/Trucker
Description of Work
MBE/WBE SBE/EBE DVBE/OBE
Original $ Amount
Final $ Amount
Reason For Discrepancy (Change Order Nos. and $)
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
MBE $ Final Contract $
WBE $
EBE $ Final Contract $
SBE $
Final Contract $
Total Cash Allowances Paid to Contractor $
OBE $
Final Contract less Cash Allowances Paid to Contractor $
3-20 Public Works Construction – BAVN BIP (Rev. 07/10/12)
DVBE $
MSM $
% Achieved
% Pledged
BID PROPOSAL
PART IV
All bidders must submit the “Slavery Disclosure Ordinance” on BAVN.
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:
Rev. 4/16/2015
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.
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 4-1
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
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.
2.
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 nonresponsive.
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.
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
Rev. 4/16/2015
4-2
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
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.
3.
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: Mr. 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.
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) by following the instructions below: 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
Rev. 4/16/2015
4-3
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
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: Mr. Fernando Campos, Executive Officer, Board of Public Works, 200 N. Spring St., Room 355, Los Angeles, CA 90012.
Rev. 4/16/2015
4-4
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:
c.
Joint Venture: All joint venturers must sign, by an individual authorized to sign for each joint venturer.
d.
Corporation: 1)
One general partner must sign.
2)
9.
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. 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.
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
Rev. 4/16/2015
4-5
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
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 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.
BOND ASSISTANCE PROGRAM LOS ANGELES (BAPLA) - Administered by the Office of the City Administrative Officer, Risk Management, for all City departments, the BAPLA 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 BAPLA please contact Paulette Williams, Merriwether and Williams Insurance
Rev. 4/16/2015
4-6
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
Services, at (213) 258-3000 or online at www.imwis.com, or go to the City’s Risk Management website at http://cao.lacity.org/risk.
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: . . . .
Rev. 4/16/2015
Offsite truck hauling, Geotechnical/geological work, Inspection, and Testing work
4-7
GENERAL INSTRUCTIONS AND INFORMATION FOR BIDDERS (Cont.)
16.
JOBSITE WORKERS a.
b.
Apprentices and “Journeymen” 1)
All apprentices must be registered in a State of California Approved Apprenticeship Program.
2)
The use of “journeymen” must comply with all State of California labor laws.
Projects Requiring Enhanced Electrical Safety Policy: The Board of Public Works Enhanced Electrical Safety Policy is applicable for all projects with onsite electrical work estimated at $100,000.00 or more. 1)
Rev. 4/16/2015
The key elements of the Enhanced Electrical Safety Policy are: •
Requiring a minimum of 70 percent of all “Journeyman Wiremen” to be graduates of a State of California Approved Electrical Apprenticeship Program or hold a valid C-10 California Contractor’s License issued by the State of California.
•
Requiring a minimum of 20 percent of the jobsite electrical workers to be OSHA 10-hour General Industry Safety and Health Certified.
•
Requiring at least one jobsite electrical worker to be OSHA 30-hour General Industry Safety and Health Certified.
2)
The Contractor is required to certify their compliance. The Contractor shall complete and sign BCA Form 168 and submit with their Bid Proposal.
3)
Electrical Work is defined as placement, installation, erection, or connection of any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form for any purpose, regardless of voltage.
4)
Electrical Work is to be performed by Journeyman Electrician, Transportation System Electrician, Transportation System Technician, or Apprentices currently being trained in a California Approved Electrical Apprenticeship Program under the supervision of a Journeyman electrician.
4-8
STIPULATED UNIT PRICES ECHO PARK/SILVERLAKE ADAPTIVE TRAFFIC CONTROL SYSTEM (ATCS) – PHASE 2
W.O. L1502806 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, all direct and indirect costs. WORK DESCRIPTION (Materials, Equip. & Labor)
PRICE
REMOVE AND DISPOSE EXISTING FOUNDATION: F-1 & F-8...................................................…………………………………. 235.00 F-2............................................................………………………………….. 355.00 F-7............................................................………………………………….. 200.00 F-12A........................................................…………………………………. 385.00 F-332 (Formerly F-170)...................................…………........................... 600.00 F-5, 6, OR 14 (BSL)....................................………………………………... 600.00 CIDH PILE TYPE 18-26..............................................…………………………………..1400.00 TYPE 27-29..............................................…………………………………..1800.00 PF-12........................................................…………………………………..1400.00 PF-22........................................................…………………………………..1800.00 PF-34........................................................…………………………………..2000.00
* HRS. 2.0 3.0 1.0 2.0 2.0 3.0 4.5 4.5 5.0 5.5 6.0
REMOVE TRAFFIC SIGNAL STANDARD: TYPE-1, 9 (excl. heads)................................………………………………. 100.00 TYPE-7, 8 (excl. pushbutton/cabinet).............………............................... 100.00 CD953……………………………………………………............................... 300.00 TYPE-2, 3, 5 (w/mast arm only)....................………………………………. 300.00 TYPE-16 (w/mast arm only)..........................………………………………. 300.00 TYPE-17 (w/mast arm only)..........................………………………………. 400.00 TYPE-18 (w/mast arm only)..........................………………………………. 800.00 TYPE-19 (w/mast arm only)..........................………………………………. 900.00 TYPE-24 (w/mast arm only)..........................………………….………..... 1000.00 TYPE-26 (w/mast arm only)..........................……………………………... 1000.00
1.0 1.0 2.0 2.0 2.0 2.0 2.5 2.5 3.0 3.0
REMOVE 15’ or 20’ MAST ARM ONLY.....................…………............................... 200.00 REMOVE TRAFFIC SIGNAL HEAD (1-way to 3-way)…………….......................... 90.00 REMOVE EXISTING CONTROLLER/CABINET (w/ wire)…………………………… 220.00 REMOVE PEDESTRIAN PUSH BUTTON (4 for $70.00)…………………………… 20.00 REPLACE PED PUSH BUTTON SIGN (4 for $70.00)………………………………. 20.00
1.0 1.0 2.5 1.0 1.0
INSTALL TRAFFIC SIGNAL HEAD (veh. & ped., labor only)……………………… 200.00 INSTALL TRAFFIC SIGNAL HEAD (M.A.; 4 & 5 sect.; High mount, labor only)… 250.00 INSTALL SERVICE RISER (down to service pull-box)……………………………… 600.00 INSTALL GROUND ROD/CLAMP..............................……………………………… 100.00
2.0 2.0 2.0 0.5
INSTALL FOUNDATION F-1...............................................................……………………………… 400.00 F-2...............................................................……………………………… 1000.00 F-7...............................................................……………………………… 300.00 F-8...............................................................………………..................... 400.00 F-12A...........................................................……………………………… 800.00 F-332 (Formerly F-170)...............................………………...................... 800.00 CIDH PILE TYPE 16-17 (100 MPH-9’ deep)............................................................. 3000.00 TYPE 18-27 (100 MPH-9’ deep)............................................................. 3000.00 TYPE 28-29 (100 MPH-9’2” deep).......................................................... 3000.00 PF-12 (10’ deep)...............................................………………………….. 3000.00 PF-22 (10’ deep)................................................…………………………. 3000.00 PF-34 (15’ & 18’ deep)...........................................…............................. 3500.00 C-1 and C-2 Camera (100 MPH-10’ deep)............................................. 3500.00
Page 1 of 4
2.0 3.0 2.0 2.0 2.0 2.0 4.0 4.5 5.0 5.0 5.0 6.0 4.0
STIPULATED UNIT PRICES (Continued) WORK DESCRIPTION (Materials, Equip. & Labor)
PRICE
* HRS.
INSTALL TRAFFIC SIGNAL STANDARD: Type 1 or 9...................................................…………………..................... 1020.00 Type 7 or 8...................................................………………………………… 940.00 CD953........................................................………………………………….. 2600.00 Type 16 with mast arm................................…………………………………. 2840.00 Type 17 with mast arm, luminaire arm, luminaire & lamp………………….. 4800.00 Type 18 with mast arm..................................………………….................... 4790.00 Type 19 with mast arm, luminaire arm, luminaire & lamp…………………. 5260.00 Type 23 with mast arm..................................……………………………….. 5510.00 Type 24 with mast arm, luminaire arm, luminaire & lamp…………………. 5950.00 Type 26 with mast arm, luminaire arm, luminaire & lamp…………………. 8040.00 Type 27 with mast arm..................................………………….................... 6600.00 Type 28 with mast arm..................................………………….................... 8560.00 Type 29 with mast arm, luminaire arm, luminaire & lamp………………….. 9880.00 Type C-2 Camera pole with mast arm, luminaire arm, luminaire & lamp..16170.00 Type C-1 Camera pole, luminaire arm, luminaire & lamp………………… 12590.00
1.0 1.0 3.0 2.0 2.5 4.0 4.5 4.5 4.5 5.0 5.0 5.0 5.0 5.5 4.5
INSTALL LED TRAFFIC SIGNAL HEAD WITH CONDUCTORS: 3 section 8” (R,Y,G) TV-1-T.......................…….....………………………….. 750.00 3 section 8” (R,Y,G) SV-2-T or TV-2-T...........……...…………………………1200.00 3 section 12” (R,Y,G) TV-1-T..........................……………………………….. 800.00 3 section 12” (R,Y,G) SV-2-T or TV-2-T..............…………………………… 1250.00 3 section 12” (R,Y,G) MAS MOUNT................……..………………………… 700.00 3 section 12” (RA,YA,GA) MAS MOUNT...........…..…………………………. 750.00 4 section 12” (R,Y,G,GA) TV-1-T........................……..……………………… 950.00 4 section 12” (R,Y,G,GA) SV-1-T........................…….………………………1025.00 4 section 12” (R,Y,G,GA) MAS MOUNT...............…………….....................1025.00 5 section 12” (R,Y,G,YA,GA) CLUSTER...............…..……………………… 1250.00 5 section 12” (R,Y,G,YA,GA) TV-1-T or SV-1-T..….………………………... 1300.00 3 section 12” (R,Y,G) PV....................................……………………………. 2150.00
2.0 3.0 2.0 3.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
INSTALL PEDESTRIAN HEAD TP-1-T OR SP-1-T………………………………… 960.00 INSTALL PEDESTRIAN HEAD TP-2-T OR SP-2-T………………………………… 1750.00
2.0 2.0
INSTALL PEDESTRIAN PUSH BUTTON......................…………………………… 220.00
1.5
INSTALL PULL BOX: PB-2.....................................................................…………………………….. PB-3.....................................................................…………………………….. Double deep PB-3....................................................…………………………. PB-6T (steel cover).....................................................……………………….. Special PB (Terrazzo sidewalk)………………………………………………… Splice Box Type I (vault)…………...................................……………………. Relocate PB-2 up to 10’ at intersection; extend conduits…………………… Relocate PB-3 up to 10’ at intersection; extend up to 4 conduits…………… Relocate PB-3 up to 10’ at intersection; extend more than 4 conduits……..
3.0 3.0 5.0 3.0 5.0 7.5 5.5 6.5 7.5
500.00 600.00 800.00 1100.00 1600.00 1300.00 1500.00 2500.00 3000.00
TEMPORARY SIGNAL EQUIPMENT: Controller (labor only)..........................................……………………………… 500.00 Standard including signal heads & overhead wires…………………………… 1100.00 Standard including signal heads, mast arm & overhead wires..…………….. 1400.00 Standards including signal heads, mast arm w/ left-turn head & overhead wires (double posted)……………………………………………… 2200.00 JOIN & EXT. COND. W/ PB-2 (w/o sweeps)........………………………………….. 750.00 JOIN & EXT. COND. W/ PB-2 (w/sweeps)...........………………………………….. 1200.00 JOIN & EXT. COND. W/ PB-3 (w/o sweeps)...........……………………................. 1400.00 JOIN & EXT. COND. W/ PB-3 (w/sweeps)..........…………………………………… 2000.00
Page 2 of 4
2.0 2.0 3.0 3.0 4.5 5.5 5.0 6.0
STIPULATED UNIT PRICES (Continued) WORK DESCRIPTION (Materials, Equip. & Labor)
PRICE
* HRS.
INSTALL SWEEPS UNDER CURB & GUTTER AT PULLBOX: 2” PVC (up to 2 cond. in & 2 cond. out)................……………………………… 600.00 3” PVC (up to 2 cond. in & 2 cond. out)............…..…………………………….. 700.00
1.0 1.0
CHIP INTO BSL FOUNDATION AND INSTALL CONDUIT…………………………..500.00
1.0
INSTALL 336 CABINET (w/wire) (Labor Only)….………………………………………900.00 INSTALL ATSAC 2070 CONTROLLER/CABINET (w/wire) (Labor Only)………... 1250.00 INSTALL BATTERY BACKUP SYSTEM CABINET (w/wire)……………………... 14320.00
6.0 10.0 10.0
INSTALL FUSE HOLDER AND FUSE (60 Amp).............…………………………… 100.00 INSTALL 100 AMP FUSE DISCONNECT......................……………………………. 120.00
0.5 0.5
INSTALL DETECTOR+BICYCLE LOOP WITH UP TO 50’ HOME RUN (6’ Dia.).…470.00 INSTALL DETECTOR+BICYCLE LOOP WITH HOME RUN (6’ x 8’ Ea.)…………. 620.00 INSTALL BUS DETECTOR LOOP AT MIDBLOCK WITH HOME RUN (Half Roadway)…………………………………………………………………………… 750.00 INSTALL BUS DETECTOR LOOP AT MIDBLOCK WITH HOME RUN (Full Roadway)…………………………………………………………………..............1780.00 INSTALL BUS DETECTOR LOOP AT INTERSECTION WITH HOME RUN (Half Roadway)………………………………………………………………………….. 1765.00 INSTALL BUS DETECTOR LOOP AT INTERSECTION WITH HOME RUN (Full Roadway)…………………………………………………………………............. 2780.00 INSTALL DETECTOR LOOP STUB-OUT (Curb & Gutter).............……….............. 600.00 INSTALL DETECTOR LOOP STUB-OUT (42” from Curb face)……….…………… 700.00 INSTALL DETECTOR LOOP STUB-OUT (up to 48”)…………..….. 1000.00 (ANY ADDITIONAL LENGTH AT $50 per linear foot) TRENCH EXCAVATION IN ASPHALT ROADWAY, UP TO 2 CONDUITS (per linear foot)...............................................…………………………………. 25.00 TRENCH EXCAVATION IN CONCRETE ROADWAY, UP TO 2 CONDUITS (per linear foot)...............................................…………………………………. 35.00 TRENCH EXCAVATION IN ASPHALT-COVERED CONCRETE ROADWAY, UP TO 2 CONDUITS (per linear foot)................………………….. 30.00 TRENCH EXCAVATION IN DIRT WITH SLURRY BACKFILL, UP TO 2 CONDUITS (per linear foot)………………………………………………………… 10.00
1.5 2.0 3.5 5.0 7.0 7.0 2.5 2.5 2.5 + + + +
INSTALL CONDUIT (in open trench) @ 500’ PER DAY: 2” PVC CONDUIT (per linear foot)....................…………..…………………… 4.50 3” PVC CONDUIT (per linear foot)........................……….…........................ 6.50 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 foot)................................……………………... 100.00 ATTACH CONDUIT TO BRIDGE RAILING 3” GALVANIZED CONDUIT (per linear foot)........................…………………. 38.00 PREPARE/EXCAVATE JACKPIT....................................…………………………… 955.00 (Dimensions approx. 13’ long, 36” deep (min.), 30” wide (min.)) INSTALL CONDUIT (Jacking) @ 8 HOURS PER 150’ 1.5” GALVANIZED COND., (per linear foot) SIDEWALK & STREET……… 22.00 2” GALVANIZED COND., (per linear foot) SIDEWALK & STREET………… 25.00 2” GALVANIZED COND., (per linear foot) CROSSING……………………… 30.00 INSTALL CONDUIT (Jacking) @ 8 HOURS PER 100’ 3” GALVANIZED COND., (per linear foot) SIDEWALK & STREET………… 40.00 3” GALVANIZED COND., (per linear foot) CROSSING……………………… 45.00 INSTALL CONDUIT (Directional Boring) @ 8 HOURS PER 450’ (Including bore pit) *** 2” PVC COND., (per linear foot) SIDEWALK………………………………… 23.00 2” PVC COND., (per linear foot) STREET…………………………………….. 25.00 2” PVC COND., (per linear foot) CROSSING………………………………….. 29.00 3” PVC COND., (per linear foot) SIDEWALK….……………………………… 25.00 3” PVC COND., (per linear foot) STREET….……………………………… 27.00 3” PVC COND., (per linear foot) CROSSING………………………………….. 32.00
6.0
(Additional Conduits at $10/ft)/per conduit (Additional Conduits at $10/ft)/per conduit (Additional Conduits at $10/ft)/per conduit (Additional Conduits at $10/ft)/per conduit (Additional Conduits at $10/ft)/per conduit (Additional Conduits at $10/ft)/per conduit
(Galvanized Conduit is an additional $8/foot regardless of size)
JUMPERS BETWEEN TWO PULL BOXES (Any size conduit)(10’ & Under)….….300.00 *** Required minimum depth of 22” for sidewalk and 30” for street. Additional $8/foot for installation under flood control channel and $15/foot for installation under railroad track including flagman cost
NOTE: The use of directional boring requires prior written approval from DOT construction engineer. Page 3 of 4
STIPULATED UNIT PRICES (Continued) WORK DESCRIPTION (Materials, Equip. & Labor)
PRICE
INSTALL CONDUCTORS: 6-PAIR TELEPHONE CABLE, (per linear foot)...........…………………………. 2.10 12-PAIR TELEPHONE CABLE, (per linear foot)........…………………………… 2.40 25-PAIR TELEPHONE CABLE, (per linear foot).........………………………….. 2.90 50-PAIR TELEPHONE CABLE, (per linear foot).........………………………….. 3.25 1-PR BUS DETECTOR LEAD-IN CABLE(DLC)/FT........................................ 1.40 2-PR DETECTOR LEAD-IN CABLE(DLC)/FT.............…………………………. 1.40 3-PR DETECTOR LEAD-IN CABLE(DLC)/FT..............………………………… 1.50 4-PR DETECTOR LEAD-IN CABLE(DLC)/FT.............…………………………. 1.85 5-CONDUCTOR CABLE(5x #14)/FT........................…..……………………….. 1.35 9-CONDUCTOR CABLE(8x #14; 1x #10)/FT...........……………………………. 1.60 13-CONDUCTOR CABLE(12x # 14; 1x #10)/FT..........…………………............ 1.80 28-CONDUCTOR CABLE(27x #14; 1x #10)/FT...........…………………............ 4.10 NO. 6 SERVICE WIRE/M (2 WIRES)...........….….……………………………… 2.00 NO. 8 SERVICE WIRE/M (2 WIRES).............…………………………………… 1.25 FIBER OPTIC SINGLEMODE CABLE (6 Strand, w/fusion splices every 6500 ft) (per linear foot)........………………………. 2.00 FIBER OPTIC SINGLEMODE CABLE (12 Strand, w/fusion splices every 6500 ft) (per linear foot)........………………………. 2.50 FIBER OPTIC SINGLEMODE CABLE (24 Strand, w/fusion splices every 6500 ft) (per linear foot).....…...……………………. 3.00 FIBER OPTIC SINGLEMODE CABLE (48 Strand, w/fusion splices every 6500 ft) (per linear foot).....…...……………………. 3.50 FIBER OPTIC SINGLEMODE CABLE (96 Strand, w/fusion splices every 6500 ft) (per linear foot).....…...……………………. 4.50 REPLACE SINGLE-CONDUCTOR CABLE WITH 28-CONDUCTOR CABLE IN EXISTING CONDUIT (per linear foot)……………………………………. 20.00 PLATE RENTAL (each), PER DAY....................................………………………….. 5.00 CABLE INSTALLATION ONLY (any size)………………………………….. $100.00/HR/CREW REMOVE DOUBLE 4” SOLID LINE, PLASTIC (per linear foot)………………………0.90 REMOVE ARROW PAVEMENT MARKING, PLASTIC (Each)…………………….. 40.00 REMOVE MESSAGE, PLASTIC (per letter)………………………………………….. 20.00 REMOVE 12” X-WALK LIMIT LINE, PLASTIC (per linear foot)……………………… 2.50 INSTALL DOUBLE 4” SOLID LINE, PLASTIC (per linear foot)……………………… 0.80 INSTALL ARROW PAVEMENT MARKING(STRAIGHT), PLASTIC (Each)………. 80.00 INSTALL ARROW PAVEMENT MARKING(CURVED), PLASTIC (Each)………… 80.00 INSTALL ARROW PAVEMENT MARKING(DOUBLE HEAD), PLASTIC (Each)…120.00 INSTALL MESSAGE, PLASTIC (per letter)………………………………………….. 80.00 INSTALL 12” X-WALK LIMIT LINE, PLASTIC (per linear foot)……………….......... 4.00 INSTALL 24” CONTINENTAL X-WALK (per linear foot, not including Limit Line)…..9.00 MOBILIZATION FOR STRIPING (Not part of contract work)...…………….……$1,400.00
* HRS. ** ** ** ** ** ** ** ** ** ** ** ** ** ** ** (Additional fusion
splices = $1200)
** (Additional fusion
splices = $1400)
** (Additional fusion
splices = $1500)
** (Additional fusion
splices = $1600)
** (Additional fusion
splices = $1800)
** 0.1 0.3 0.3 0.2 0.1 0.4 0.4 0.4 0.3 0.2 2.0 per crossing -
(Striping work, shall not exceed the proportional cost of work of the above stipulated unit prices)
TRANSIT SENSOR UNIT (Each)……………………………………………………... 600.00 HARNESS (Transit sensor to controller)……………………………………………… 40.00
2.0 1.5
REROUTE CONDUIT AROUND FOUNDATION (2-CONDUCTORS)……………. 300.00 REROUTE CONDUIT AROUND FOUNDATION (MORE THAN 2-CONDUCTORS)……………………………………………. 500.00
2.0 4.0
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 for the additional cables will be compensated.
+
Trench excavation time: 8 hours per 500 ft. trench.
+
Pot hole & restoration: $450/each Page 4 of 4
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.
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.
Rev. 05/29/2012
MSM-1 (of 2 pages)
5.
D.
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.
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, 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.
or
Rev. 05/29/2012
MSM-2 (of 2 pages)
Board of Public Works "ZERO SANITARY SEWER OVERFLOWS" Policy (Adopted by the Board of Public Works on 1/10/2011)
ZSSO-1
ZSSO-2
ZSSO-3
CITY OF LOS ANGELES
LABOR COMPLIANCE MANUAL
Revised January 2013
1
PART I CITY OF LOS ANGELES LABOR COMPLIANCE PROGRAM REQUIREMENTS I.
INTRODUCTION The Bureau of Contract Administration, Office of Contract Compliance, Labor Compliance Section (LCS) is responsible for educating, assisting, monitoring and enforcing prevailing wage requirements of the applicable labor laws to insure that all contractors working on City projects are in compliance with State (California Labor Code Chapter 1 of Part 7 of Division 2) and Federal (Code of Federal Regulations 29) prevailing wage statutes and regulations. The City’s Labor Compliance Program (LCP) is certified under California Code of Regulations Chapter 8, Section 16425. The LCS received initial certification on August 6, 1998. In establishing the LCP, the City adheres to the statutory requirements as stated in California’s Labor Code Section 1771.5.
II.
LABOR COMPLIANCE PROGRAM REQUIREMENTS a.) Pursuant to Labor Code Section 1771.5, the City of Los Angeles requires the payment of the general prevailing rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work on this project. b.) The Labor Compliance Section monitors labor standards compliance by conducting interviews with construction workers at the job site and reviewing payroll reports and initiates and oversees any enforcement actions that may be required. c.) In the event that a project is federally funded, the Federal Department of Labor (DOL) has a role in monitoring Davis-Bacon administration and enforcement. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information. In the event that there is a conflict between the State prevailing wage rate and the Federal prevailing wage rate, then the higher rate shall be paid.
III.
PUBLIC WORKS CONSTRUCTION PROJECTS This project is subject to the provisions of the State laws and regulations including, but not limited to, California Labor Code Sections 226, 227, 1021, 1021.5, 3093, 3077 and 1720 through and including 1861, together with all applicable regulations (e.g., Title 8 California Code of Regulations Section 16001 et seq.). All pertinent California statutes and regulations, including those
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referenced above, are hereby incorporated by reference in this document as if set forth in their entirety. IV.
EMPLOYMENT OF MINORS PROHIBITED The employment of minors, under 16 years of age, is strictly prohibited in all building and construction work of any kind per California Code of Regulations Title 8, Chapter 6, Subsection 1, Article 1 §11701(b).
V.
YOUTH EMPLOYMENT PROGRAMS Youths (ages 18 – 23) employed on Public Works projects are subject to the payment of the prevailing wage.
VI.
CASH PAYMENTS PROHIBITED The City requires the Contractor and all subcontractors to make weekly wage payments to all workers employed on the project. Payments shall be made by means of a check, money order or cashier’s check. Cash payments are prohibited.
VII.
WORKERS DEFINED The City defines “worker” as defined in Labor Code Section 1723, and extends the definition to include Corporate Officers, Partners, Sole Owners, Mechanics and Laborers employed or working on the site of the Work. Such workers will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act) (CFR 29 Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decisions of the State of California Director of the Department of Industrial Relations (DIR).
VIII. PREVAILING WAGES Payments of wages not less than those contained in the wage determination decision of the State of California Director of the Department of Industrial Relations (DIR), are in effect for the duration of this Contract. Any classes of laborers or mechanics, including apprentices, which are not listed in the applicable wage determination and which are to be employed under the Contract, shall be classified in conformance with the applicable wage determination. If the Contractor fails to request a special determination (CCR 8 §16202) within 45 days after the commencement of advertising of the call for bids, and the classification of laborers and mechanics, including apprentices, is not found in the applicable wage determination, the City reserves the right to re-classify the affected class of laborers and/or mechanics, including apprentices, to the most
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closely related craft as published in the applicable wage determination. If the interested parties cannot agree on the proper classification or re-classification of a particular class of laborers or mechanics, including apprentices, to be used, the question accompanied by the recommendation of the City shall be referred to the DIR for final determination. IX.
EFFECTIVE PREVAILING WAGE RATES The State Prevailing Wage Rates are determined by the Department of Industrial Relations as prescribed in Labor Code Sections 1773 – 1773.1 and are effective 10 days after issuance. The established Prevailing Wage rates are published in the General Prevailing Wage Determinations which are issued bi-annually (occasionally, the DIR may issue an additional General Prevailing Wage Determination in the same year). The Bid Advertise Date determines the applicable General Prevailing Wage Determination. The expiration date indicated for each craft is followed by either a single asterisk (*) or double asterisk (**). The single asterisk (*) indicates that the wage rate will remain constant and effective throughout the duration of the contract. The double asterisk (**) indicates that the wage rate is effective until the expiration date, and the rate to be paid for work performed after that date has already been determined. If work will extend past the expiration date, the new rate must be paid and should be incorporated in this contract. (CCR 8, §16204). To obtain the most current prevailing wage rates, contact the Office of Contract Compliance at (213) 847-2662. The rates are also available on the internet at www.dir.ca.gov.
X.
PAYMENT OF PREVAILING WAGE FRINGE BENEFITS Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, travel time, training contributions and subsistence pay as provided for in Section 1773.8, for apprenticeship or other training programs, authorized by Section 3093. (Contractors paying per diem wages cannot pay less than the basic hourly rate of pay to the worker working on a covered prevailing wage. (CCR 8, §16000)) A copy of California Public Works Form PW-26, Fringe Benefits Statement, must be prepared by the Contractor and submitted to the OCC with the first payroll. In addition, a copy of the Employer’s Monthly Report To Trustees, must be submitted to the OCC by the (15th) of the following month. Any worker not covered under a Trustee account must be paid a fringe benefit equivalent to that required by the DIR, associated with the minimum prevailing wage for the worker classification. Contractors not making payments to a fringe benefit trust account shall include the total fringe benefit package in the Total Hourly Wage Rate paid to the worker.
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XI.
APPRENTICE REQUIREMENTS Contractors shall comply with the requirements of the apprenticeship provisions of California Labor Code Section 1777.5. 1. APPRENTICES In accordance with California Labor Code Section 1777.5(d), a contractor (including any subcontractor) who is awarded a City of Los Angeles contract, and who employs workers in an apprenticeable craft or trade, shall employ apprentices in at least the ratios as stipulated in Labor Code Section 1777.5. California Code of Regulations Title 8 §230.1 requires contractors who are not already approved to train by an applicable joint apprenticeship committee or unilateral committee, to request the dispatch of required apprentices from all of the applicable Apprenticeship Committees whose geographic area of operation includes the site of the public work by giving the committee actual notice of 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. However, if a nonsignatory contractor declines to abide by and comply with the terms of a local committee’s standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee’s Standards or these regulations within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the ratios as stated in Labor Code Section 1777.5. If an Apprenticeship Committee dispatches fewer apprentices than the contractor requests, the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that, where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a contractor who is not a participant in an apprenticeship program has requested dispatch from all applicable apprenticeship committees in the project area. Apprentices shall be individually registered in a bona fide state or federally approved apprenticeship program. Apprentices, as defined in Labor Code Section 3077, must be registered with the State of California, Division of Apprenticeship Standards (DAS) to be eligible for employment as an apprentice on the project. Any employee listed on a payroll as an apprentice and paid the apprentice wage rate who is not an apprentice, as defined in California Labor Code Section 3077, shall be paid the journey level wage rate determined for the classification of work actually performed. The Contractor and sub-contractors shall furnish the City a copy of a DAS apprentice
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registration for each apprentice employed. The wage rates paid to the apprentices shall not be less than the applicable wage determination as determined by the Department of Industrial Relations Division of Apprenticeship Standards (Contact DAS at (415) 703-4920 or (213) 576-7750 or at their website: www.dir.ca.gov/DAS). 2. RATIOS The ratio of apprentice work to journeyman work shall conform to the requirements as mandated in Section 1777.5 of the California Labor Code. In the event that the Contractor fails to comply with apprenticeship requirements as mandated by California Labor Code Section 1777.5, the Contractor shall be subject to penalties in accordance with California Labor Code Section 1777.7. If the Contractor fails to comply with the ratios as determined by the DAS, the City will issue a “Notice of Reprimand” and forward the matter to the DAS. All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation.
XII.
LIABILITY FOR UNPAID WAGES a.) As required by Labor Code Section 1775, the Contractor and any Subcontractor shall forfeit to the City not more than two hundred dollars ($200) per day for each worker who is paid less than the prevailing wage rate (including fringe benefits) required. Additionally, Section 1813 of the Code requires the Contractor or subcontractor to forfeit twenty-five dollars ($25) to the City for each worker employed in the execution of the Contract for each calendar day a worker is permitted or required to work in excess of 8 hours per day or 40 hours per week at a rate less than 1 ½ times the hourly rate of pay for the worker classification involved. Moreover, the City may withhold payment from the Contractor to ensure that the Contractor’s obligation to pay prevailing wage rates is met. b.) The Contract Work Hours and Safety Standards Act (CWHSSA) require time and one-half pay for overtime as defined by the Federal government. (Overtime as defined by the Federal government is any time
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over 40 hours worked by a worker in a given work week.) In the event that this project is federally funded, an additional penalty of $10/day per violation will be strictly enforced for under-payment of the overtime rate. Intentional violations of CWHSSA standards are considered a Federal criminal misdemeanor. c.) California Labor Code Section 1778 makes it a felony for anyone to require any laborer or mechanic employed on a public works project to kickback any portion of their wages. The Copeland (Anti-Kickback) Act is the federal statute that makes it a felony to require any laborer or mechanic employed on a Federal or Federally Assisted public works project to return any portion of his/her wages in connection with services rendered upon any public work. XIII.
POSTING The Contractor shall post at each job site, in a conspicuous location readily available to the workers, a copy of all applicable wage determinations.
XIV.
JOINT LABOR COMPLIANCE MONITORING PROGRAM The Contractor, and all subcontractors, shall cooperate in allowing approved Compliance Group Representatives access to the project job site for the purpose of conducting worker interviews to insure compliance with the requirement to pay proper prevailing wages on City projects. This will be done in order to comply with the Board of Public Works’ August 20, 2004 adoption of a Joint Labor Compliance Monitoring Program. Each Compliance Group Representative must wear their City-issued Joint Labor Compliance Monitoring Program identification badge at all times while on the job site, and must restrict their actions to interviewing workers employed on the project. For a copy of the Joint Labor Compliance Monitoring Program board report, or for any questions, contact the Office of Contract Compliance at (213) 847-2662.
XV.
CERTIFIED PAYROLL RECORDS a.) The Contractor shall adhere to the provisions of Labor Code Section 1776. The payroll records referred to must include the employee’s: A. B. C. D. E.
name; address; social security number; work classification; straight time hours per day and total per week;
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F. G. H. I. J. K.
overtime hours per day and total per week; gross wages earned this project; gross wages earned on all other projects; itemized deductions; actual per diem wages paid; and payroll check numbers or direct deposit verification
In addition, the records must identify apprentices and the ratio of apprentices to journeymen. b.) Certified payrolls from the Contractor and all Subcontractors shall be submitted to the City weekly through the Department of Public Works Bureau of Contract Administration’s Online Certified Payroll System (OCPS) and shall be accompanied by a Statement of Compliance, signed electronically on OCPS by the Contractor or the Contractor’s agent attesting that the payrolls are correct and complete and the wage rates contained therein are not less than those set by the applicable wage determinations incorporated into this Contract. Provided all information and certifications required by California law are included therein, the Contractor may use the provided Certified Payroll Report or any form approved by the DIR or use its own payroll form provided it includes the same information and certifications. The City reserves the right to reject incomplete payroll reports and request re-submittal of complete reports. c.) The Contractor shall be responsible for ensuring that all their Subcontractors, regardless of tier, submit certified payrolls through OCPS. In the event that Subcontractor payrolls are not submitted, the City may withhold contract payments from the Contractor. d.) Upon a request from the City, the Contractor and all Subcontractors shall be prepared to submit hard copies of certified payrolls accompanied by a Statement of Compliance, signed in ink. e.) Payroll data pertaining to owner-operators must be submitted on Certified Payroll Reports through OCPS, and a copy of the DMV vehicle registration of the Owner-Operator shall be submitted to the City after the first Certified Payroll on which this owner-operator’s name appears. Listing any individual as “Owner-Operator” will not be accepted as the classification is not recognized by the California Department of Industrial Relations’ Division of Labor Statistics and Research. f.) As required by Labor Code Section 1776 (h), the Contractor shall forfeit to the City one hundred dollars ($100) per day, per worker employed on the project, for failing to comply strictly with requests by the City for submittal of payroll documents and/or all supporting documents which includes, but is not limited to: cancelled checks, time sheets, W-4 Forms,
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W-2 Forms, DE-6 Forms, and any other forms utilized in the course of business that are relevant to the payment of wages. In addition, according to California Labor Code Section 1777.1(c), the Contractor may also be subject to debarment by the Labor Commissioner for failure to furnish certified payroll records within thirty (30) days after receipt of the written notice for such records. XVI.
WORKING HOURS a.) Generally, the Contractor shall not employ a worker more than eight (8) hours in a calendar day or forty (40) hours in a calendar week except upon compensation of one and one-half (1½ ) times the basic rate of pay for all hours worked in excess of eight (8) hours per day and forty (40) hours per week. Special rules may apply to specific worker classifications. See applicable wage determinations for overtime definitions. Recognized holidays shall be consistent with area practice in determining the applicability of overtime wage rates. b.) The Portal-to-Portal Act does not allow employers to forego payments to its employees for compulsory travel time and overtime. A worker required to report to the employer’s place of business to load tools and material and to be transported to the job site are entitled to be paid for travel time at the applicable rate as set forth in the General Area Wage Determinations inclusive of return trip travel time from a public work classified project. All “hours worked” must be included in calculating any overtime including time denominated as compulsory travel time. The Portal-to Portal Act applies to public works project that are funded in whole or in part with federal funds and excludes from the workday travel to or from the workplace by an employee (29 USC 254 (a)(1)). Under section 254(a), this includes work performed pursuant to contracts awarded by the federal government under the Davis-Bacon Act. However, the Portal-toPortal Act, to the degree it amends the Davis-Bacon Act, does not supercede any aspect of the California Prevailing Wage Law and is not applicable to compulsory travel time incurred in the performance of a California awarding body’s public work project when determining the “hours worked” as noted by the California Supreme Court in Morrillion v. Royal Packing Company (2000) 22 Cal. 4th 575,94 Cal. Rptr.2d3, “The California Labor Code and the Industrial Welfare Commission (IWC) wage orders do not contain an express exemption for travel time similar to that of the Portal-to-Portal Act. …In contrast to these specific findings showing the congressional intent, the Legislature has not similarly identified existing evils under state law.” (Id. at p.590.)
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In reviewing the history of the IWC’s Wage Order No. 14-80, the California Supreme Court said, “The IWC added the phrase ‘the time during which an employee is subject to the control of the employer’ to the definition of ‘hours worked.’ …Absent convincing evidence of the IWC’s intent to adopt the federal standard for determining whether time spent traveling is compensable under state law, we decline to import any federal standard, which expressly eliminates substantial protections to employees. Accordingly, we do not give much weight to the federal authority.” (Id. at p. 590-591) Finally, the California Supreme Court observed, “our departure from the federal authority is entirely consistent with the recognized principle that state law may provide employees greater protection than the F.L.S.A. [Fair Labor Standards Act].” (Id. at p. 592.) XVII.
WITHHOLDING VIOLATIONS
PAYMENTS
FOR
LABOR
COMPLIANCE
In accordance with Labor Code Section 1727, the City may withhold, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of the Contractor or its Subcontractor for unpaid wages and liquidated damages as specified in this Section. In the event of failure to pay any laborer or mechanic, including any apprentice, employed or working on the site of the Work, all or part of wages required by the Contract, the City may, after written notice to the Contractor (Notice of Withholding Contract Payments), take such action as may be necessary to cause the suspension of further payment, advance or guarantee of funds until such violations have ceased. In accordance with Labor Code Section 1771.5, the City may withhold contract payments when payroll records are delinquent or inadequate. XVIII.
DISPUTES The City’s Labor Compliance Program administered by the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, Labor Compliance Section shall adhere to the provisions of Labor Code Section 1771.6 and will provide the Contractor or Subcontractor an opportunity for review of assessed wages and penalties pursuant to the provisions of Labor Code Section 1742.
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PART II LABOR COMPLIANCE PROGRAM REQUIREMENTS – FEDERALLY FUNDED/ASSISTED CONSTRUCTION PROJECTS Projects receiving full or partial federal funds are subject to the regulations listed below, in addition to any and all applicable California labor requirements. I.
DAVIS-BACON REGULATIONS The U.S. Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR) and can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes Davis-Bacon Act wage determinations and provides instructions on how to use the determinations. Part 3 describes the Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in each contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Part 7 sets parameters for due process procedures before the Wage Appeals Board (renamed Administrative Review Board). These regulations are used as the basis for administering and enforcing the laws. The Davis-Bacon Act The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the DOL) to all laborers and mechanics on Federal construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. The Contract Work Hours and Safety Standards Act (CWHSSA) CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 hours in any work week) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards are considered a Federal criminal misdemeanor.
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The Copeland Act (Anti-Kickback Act) The Copeland Act makes it a crime for anyone to require any laborer or mechanic (employed on a Federal or Federally-assisted project) to kickback any part of their wages. The Copeland Act also requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs). The Fair Labor Standards Act (FLSA) The FLSA contains Federal minimum wage rates and overtime (O/T) requirements. These requirements generally apply to any labor performed and may be pre-empted by other Federal standards such as the Davis-Bacon Act prevailing wage requirements and CWHSSA O/T provisions. Only the Department of Labor has the authority to administer and enforce the FLSA. The Office of Contract Compliance (OCC) will refer any possible FLSA violations that are found on projects to the DOL. II.
CONSTRUCTION CONTRACT PROVISIONS Each contract subject to Federal (Davis-Bacon) labor standards requirements must contain contract provisions containing labor standards clauses and a Davis-Bacon Wage Decision. These documents are bound into the contract specifications. The Labor Standards Clauses The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. Davis-Bacon Wage Decisions The Davis-Bacon Wage Decision is a listing of various construction work classifications such as Carpenter, Plumber, and Electrician, and the minimum wage rates (and fringe benefits, where prevailing) that employees performing work in those classifications must be paid. Contract Administration form BCA-167 The Bureau of Contract Administration form BCA-167 “Contractor Daily Field Report” must be utilized on all projects receiving federal-aid.
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The BCA-167 is to be completed by the Prime Contractor on a daily basis and forwarded to the Bureau of Contract Administration Project Inspector no later than noon of the work day following the work date. III.
INQUIRIES All questions regarding this section and all matters concerning the payment of prevailing wages should be referred to: The Office of Contract Compliance Labor Compliance Section 1149 South Broadway, Suite 300 Los Angeles, CA 90015 (213) 847-2629 For more information, log on to: http://bca.lacity.org http://www.dir.ca.gov http://www.dol.gov
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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 contact Raoul Mendoza at 213-847-2661, Angela Chang at 213-847-2673, or Jose Ramirez at 213-847-2629. 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.
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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.
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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 rd Compliance, located at 1149 S. Broadway Street, 3 Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-1922, or go to the OCC website at http://bca.lacity.org. 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) 4622060. 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.
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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
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 A. Title. This Article shall be known and may be cited as the Los Angeles Municipal Lobbying Ordinance. B. Findings. The following findings are adopted in conjunction with the enactment of this Article: 1. City Government functions to serve the needs of all citizens. 2. The citizens of the City of Los Angeles have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests. 3. All persons engaged in compensated lobbying activities aimed at influencing decisions by City government must, when so engaged, be subject to the same regulations, restrictions and requirements, regardless of their background, training or other professional qualifications or license. 4. Complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of local government. 5. It is in the public interest to ensure that lobbyists do not misrepresent facts, their positions, or attempt to Last Revised January 30, 2013
deceive officials through false communications, do not place City officials under personal obligation to themselves or their clients, and do not represent that they can control the actions of City officials. 6. It is in the public interest to adopt these amendments to the City's regulations of lobbyists to ensure adequate and effective disclosure of information about efforts to lobby City government. History: Amended by Ord. No. 169916, effective 8/10/94.
SEC. 48.02. Definitions The following terms used in this Article shall have the meanings set forth below. Other terms used in this Article shall have the meanings set forth in the California Political Reform Act of 1974, as amended, and in the regulations of the California Fair Political Practices Commission, as amended, if defined therein. "Activity expense" means any payment, including any gift, made to or directly benefiting any City official or member of his or her immediate family, made by a lobbyist, lobbying firm, or lobbyist employer. "Agency" means the City of Los Angeles or any department, bureau, office, board, commission, other agency of the City, or any other government agency, required to adopt a conflict of interest code subject
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to City Council approval, and includes the City's Community Redevelopment Agency and the Los Angeles City Housing Authority. "At the behest" means under the control of, at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of any elective City officer or candidate for elective City office. A donation to a religious, charitable, or other nonprofit organization is not made at the behest of an elective City officer or candidate if the donation is solicited through a newspaper publication, through radio, television, or other mass media, or through a suggestion made to the entire audience at a public gathering. A donation to a religious, charitable, or other nonprofit organization is not made at the behest of an elective City officer or candidate solely because the name of the officer or candidate is listed with other names on written materials used to request donations or the officer or candidate makes a speech to the entire audience or is honored and given an award at an event sponsored by the organization. "Attempting to influence" means promoting, supporting, opposing or seeking to modify or delay any action on municipal legislation by any means, including but not limited to providing or using persuasion, information, statistics, analyses or studies. A person attempts to influence municipal legislation when he or she engages in lobbying activities for the purpose of influencing a decision. "City official" means any elective or appointed City officer, member, employee or consultant (who qualifies as a public official within the meaning of the Political Reform Act) of any agency, who, Last Revised January 30, 2013
as part of his or her official duties, participates in the consideration of any municipal legislation other than in a purely clerical, secretarial or ministerial capacity. "Client" means both (1) the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence municipal legislation and (2) the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal legislation, even if the lobbyist or lobbying firm is compensated by another person for such representation. However, if a lobbyist or lobbying firm represents a membership organization and individual members of that organization, an individual member is not a client solely because the member is individually represented by the lobbyist or lobbying firm unless the member makes a payment for such representation in addition to usual membership fees. "Compensated services" means services for which compensation was paid during a reporting period or for which the lobbyist or lobbying firm became entitled to compensation during that period. "Controlled committee" means any committee controlled by an elective City officer or candidate for any elective City office, including any campaign, officeholder, legal defense fund, or ballot measure committee. "Direct communication" means appearing as a witness before, talking to (either by telephone or in person), Page 2 of 21
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corresponding with, or answering questions or inquiries from, any City official or employee, either personally or through an agent who acts under one‘s direct supervision, control or direction. "Donation" means a payment for which full and adequate consideration is not received. “Elective city officer” means the Mayor, City Attorney, Controller and Member of the City Council. “Elective officer” means any person who is a City Council Member, City Attorney, Controller or Mayor, whether appointed or elected. “Fundraiser” means an individual who receives compensation to engage in fundraising activity as defined in this section. "Fundraising activity" means soliciting a contribution or hosting or sponsoring a fundraising event or hiring a fundraiser or contractor to conduct any event designed primarily for political fundraising at which contributions for an elective City officer, candidate for elective City office, or any of his or her controlled committees are solicited, delivered or made. "Host or sponsor" means to provide the use of a home or business to hold a political fundraising event without charging market value for the use of that location; to ask more than 25 persons to attend the event; to pay for at least a majority of the costs of the event; or to provide the candidate, campaign, committee and/or fundraiser more than 25 names to be used for invitations to the event.
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"Lobbying activities" includes the following and similar compensated conduct when that conduct is related to a direct communication to influence any municipal legislation: (1) engaging in, either personally or through an agent, written or oral direct communication with a City official; (2) drafting ordinances, resolutions or regulations; (3) providing advice or recommending strategy to a client or others; (4) research, investigation and information gathering; (5) seeking to influence the position of a third party on municipal legislation or an issue related to municipal legislation by any means, including but not limited to engaging in community, public or press relations activities; and (6) attending or monitoring City meetings, hearings or other events. “Lobbying entity” means a lobbyist, lobbying firm or lobbyist employer, as defined in this article. "Lobbying firm" means any entity, including an individual lobbyist, which receives or becomes entitled to receive $1,000 or more in monetary or in-kind compensation for engaging in lobbying activities (either personally or through its agents) during any consecutive threemonth period, for the purpose of attempting to influence municipal legislation on behalf of any other person, provided any partner, owner,
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shareholder, officer or employee of the entity qualifies as a lobbyist. Compensation does not include reimbursement of or payment for reasonable travel expenses. An entity receives compensation within the meaning of this definition whether or not the compensation is received solely for activities regulated by this article or is received for other activities as well; however, only that portion of compensation received for the lobbying activities shall count toward the qualification threshold. An entity "becomes entitled to receive compensation" when the entity agrees to provide services regulated by this Article, or performs those services, whether or not payment is contingent on the accomplishment of the client's purposes. "Lobbyist" means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any other person. Compensation does not include reimbursement of or payment for reasonable travel expenses. A person receives compensation within the meaning of this definition whether or not the compensation is received solely for activities regulated by this Article or is received for both lobbying activities and other activities as well. However, only the compensation for the lobbying activities shall be calculated to determine whether an individual qualifies as a lobbyist. An individual "becomes entitled to receive
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compensation" when the individual or the entity in which the individual is an employee, partner, owner, shareholder or officer, agrees to provide services regulated by this Article, or performs those services, regardless of whether payment is contingent on the accomplishment of the client's purposes. A lobbyist includes a person who owns an investment in a business entity if that person attempts to influence municipal legislation on behalf of the business entity and if the person acquires the investment as compensation for his or her lobbying services or in contemplation of performing those services. “Lobbyist employer" means an entity, other than a lobbying firm, that employs a lobbyist in-house to lobby on its behalf. "Major filer" means any person who makes payments or incurs expenditures totaling $5,000 or more during any calendar quarter for public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, studies, or similar activities, for the purpose of attempting to influence action on any proposed or pending matter of municipal legislation, if these payments or expenditures are not required to be reported on a lobbyist or lobbying firm quarterly report. A "major filer" does not include a lobbyist, lobbyist employer, or lobbying firm. Expenditures and payments for regularly published newsletters or other routine communications between an organization and its members shall not be counted for the purpose of this definition. "Municipal legislation" means any legislative or administrative matter proposed or pending before any agency (as defined in this Article), including but
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not limited to those involving the granting, denial, revocation, restriction or modification of a license, permit or entitlement for use (including all land use permits) if the Mayor, the City Council, any of its committees, any agency board, commission, committee, or general manager, or any agency officer or employee charged by law with holding a hearing and making a decision, is charged by law with making a final decision on the matter. However, "municipal legislation" does not include any of the following: (1) A request for advice or for an interpretation of laws, regulations, City approvals or policies, or a direct response to an enforcement proceeding with the City Ethics Commission. (2) Any ministerial action. An action is ministerial if it does not require the City official or employees involved to exercise discretion concerning any outcome or course of action. (3) Any action relating to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or memorandum of understanding between an agency and a recognized employee organization, or a proceeding before the Civil Service Commission or the Employee Relations Board. Further, it does not include management decisions as to the working conditions of represented employees that clearly relate to the terms of such collective bargaining agreement or memorandum of understanding. Nevertheless,
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“municipal legislation” does include any action relating to collective bargaining taken by the City Council, any of its committees or members (including the staffs of such members), or by the Mayor or his or her office. (4) Preparation or compilation of any radius map, vicinity map, plot plan, site plan, property owners or tenants list, abutting property owners list, photographs of property, proof of ownership or copy of lease, or neighbor signatures required to be submitted to the City Planning Department. "Person" means any individual, business entity, trust corporation association, committee, or any other organization or group of persons acting in concert. "Solicit" means to ask, personally or through an agent, that another person make a contribution to an elective City officer or candidate for City office, or to his or her controlled committee, including allowing one’s signature to be used on a written request for funds. For purposes of this article, a lobbying entity solicits a contribution only when the lobbying entity does so (1) at the behest of the elective City officer or candidate for elective City office, or his or her campaign treasurer, campaign manager, or member of his or her fundraising committee, or (2) if the lobbying entity has informed the candidate or officer that the person is soliciting the contributions. A person does not solicit, however, by 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 request that appears published in a newspaper, on radio or television. History: Amended by Ord. No. 169916, effective 8/10/94. Amended by Ord. No. 172479, effective 4/10/99. Amended by Ord. No. 175432, effective 9/28/03. Amended by Ord. No. 178064, effective 1/15/07. Amended by Ord. No. 178356, effective 3/12/07.
SEC. 48.03. Exemptions The following persons are exempt from the requirements of this Article: A. Any public official acting in his or her official capacity, and any government employee acting within the scope of his or her employment. B. A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such newspaper, periodical or station or network, when, in the ordinary course of its business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence action on municipal legislation. This exemption does not apply to any other action by any such newspaper, periodical, station or network, or by any such person, to attempt to influence municipal legislation, if such activity otherwise regulated by this Article. C. A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses.
contract, submitting a written response to or participating in an oral interview for a request for proposals or qualifications, or negotiating the terms of a written agreement with any City agency if selected pursuant to that bid or request for proposals or qualifications. Except with regard to persons covered by subsections E and F, this exemption shall not apply to any person who attempts to influence the action of the Mayor or Mayor's staff, any member of the City Council or their staffs, or any board or commission member with regard to any such contract. E. Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which receives funding from any federal, state or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct services to those persons, if the individual or individuals represented by the organization before any City agency provide no payment to the organization for that representation. This exemption shall not apply to direct contracts with a City official in other than a publicly noticed meeting, for the purpose of attempting to influence a City decision with regard to any City funding which the organization is seeking. F. Any person employed by an organization described in Subsection E with respect to his or her activities as an employee of the organization. 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 No lobbyist or lobbying firm subject to the requirements of this Article shall: A. Do any act with the purpose and intent of placing any City official under personal obligation to the lobbyist, the lobbying firm, or to the lobbyist's or firm's employer or client. B. Fraudulently deceive or attempt to deceive any City official with regard to any material fact pertinent to any pending or proposed municipal legislation. C. Cause or influence the introduction of any municipal legislation for the purpose of thereafter being employed or retained to secure its passage or defeat. D. Cause any communication to be sent to any City official in the name of any nonexistent person or in the name of any existing person without the consent of such person. E. Make or arrange for any payment to a City official, or act as an agent or intermediary in making any such payment by any other person, if the arrangement or the payment would violate any provision of the City's Governmental Ethics Ordinance (Los Angeles Municipal Code Section 49.5.1, et seq.) History: Amended by Ord. No. 169916, effective 8/10/94.
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SEC. 48.05. Record Keeping Responsibilities A. Lobbying entities and major filers shall prepare and retain detailed records (including all books, papers and other documents) needed to comply with the requirements of this Article. Treasurers and fundraisers for elective City officeholders and City candidates, or for any elective City officer’s or City candidate’s controlled committees shall prepare and retain detailed contribution activity records for any contributions received as a result of fundraising activity engaged in by a lobbyist, lobbying firm or lobbyist employer, as defined by this article. These records shall be retained for not less than four years. B. If a lobbying entity engages in fundraising activities as defined in Section 48.02 of this Code at the behest of a candidate or officeholder running for elective City office, the lobbying entity shall maintain records detailing any contributions that they know or have reason to know resulted from the fundraising activities. C. If an officeholder or a candidate running for elective City office contracts with a lobbying entity to engage in fundraising activity as described in Section 48.02 of this Code, the committee treasurer and fundraiser shall maintain records detailing any contributions that they 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 written communications to a certified neighborhood council in an attempt to influence municipal legislation as described in Section 48.08.8 of this Article, the lobbying entity shall prepare and maintain detailed records of these written communications for not less than four years. History: Amended by Ord. No. 175432, effective 9/28/03.
SEC. 48.06. Filing Methods A. All registrations, reports, and other filings required by this Article must be submitted under penalty of perjury by the person who is required to file and must be filed in a format prescribed by the Ethics Commission. The Ethics Commission must provide public access to all filings. B. Lobbying entities and persons who qualify as lobbying entities must file registrations, quarterly reports, terminations and amendments to those filings electronically. C. If an electronic filing is required, the Ethics Commission must provide a unique identifier to the person who is required to file, to be used in place of a physical signature for submitting and verifying data under penalty of perjury. All electronic filings are presumed to be filed under penalty of perjury by the person required to file. D. If a paper filing is required, it must contain the physical signature of the person who is required to file. A document is considered filed on the earlier of the date of receipt by the Ethics Commission or the date of the
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postmark if it is mailed and bears the correct address and postage. History: Amended by Ord. No. 177105, effective 12/18/05. Amended by Ord. No. 182360, effective 1/30/13.
SEC. 48.07. Registration A. Requirement. An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist. A person, including an individual lobbyist, shall register with the City Ethics Commission as a lobbying firm within 10 days after the end of the calendar month in which a partner, owner, shareholder, officer or employee qualifies as a lobbyist. If a person is not registered as a lobbyist or lobbying firm, but is performing acts which would require that person to so register, that person may continue to act as a lobbyist or lobbying firm so long as the person registers with the City Ethics Commission within 10 days after the person knew or should have known of the obligation to register. A lobbyist or lobbying firm shall register each client on whose behalf or from which the lobbyist or lobbying firm receives or becomes entitled to receive $250 or more in a calendar quarter for engaging in lobbying activities related to attempting to influence municipal legislation. B. Duration of Status. A person who registers as a lobbyist or lobbying firm shall retain that status through December 31 of that year unless and until that person terminates the status as set forth below. Page 8 of 21
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C. Registration Fees. Every lobbyist shall pay an annual registration fee of $450 plus $75 for each client on whose behalf or from which the lobbyist receives or becomes entitled to receive $250 or more in a calendar quarter. Persons who initially register during the last quarter of a calendar year (October through December) shall pay prorated registration fees of $337 for each lobbyist plus $56 for each client. D. Contents of Registration Statements — Lobbyists. Registration statements of lobbyists shall contain the following: 1. The lobbyist's name, business address, business email, and business telephone number.
E. Contents of Registration Statements — Lobbying Firms Registration statements of lobbying firms (including individual contract lobbyists) shall contain the following: 1. The name, address, email, and telephone number of the firm. 2. The name of each lobbyist who is a partner, owner, shareholder, officer or employee of the firm. 3. For each client on whose behalf or from which the firm received or became entitled to receive $250 in compensation during the calendar quarter for engaging in lobbying activities related to attempting to influence municipal legislation within the meaning of this Article:
2. The lobbying firm, if any, of which the lobbyist is an employee, partner, officer or owner.
(a) The client's name, business or residence address, and business or residence telephone number.
3. If the lobbyist is not an employee, partner, officer or owner of a lobbying firm, the name, address and telephone number of the lobbyist's employer.
(b) The period during which the representation will occur.
4. Each City agency that the lobbyist has the authority to attempt to influence on behalf of any client or employer. 5. A statement that the lobbyist has reviewed and understands the requirements of this Article. 6. Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article.
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(c) The item or items of municipal legislation for which the firm was retained to represent the client, or, if no specific items of municipal legislation for which the firm was retained to represent the client can be identified, a description of the types of municipal legislation for which the firm was retained to represent the client. (d) Each City agency that the lobbying firm has the authority to attempt to influence on behalf of the client. (e) In the case of a lobbyist who is an individual contract lobbyist, a
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statement that he or she has reviewed and understands the requirements of this Article. (f) The name, address, email, and telephone number of the person responsible for preparing the statement. (g) Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article. F. Amendments to Registrations. Lobbyists and lobbying firms shall file amendments to their registration statements within 10 days of any change in information required to be set forth on the registration statement. G. Termination. Any person registered under this Article shall file a termination statement with the City Ethics Commission within 20 days after ceasing all activity governed by this Article. H. Education Requirement. Every individual who is required to register as a lobbyist shall attend a City lobbying information session conducted by the City Ethics Commission no less than once every two calendar years, according to the following schedule: (1) An individual who has not registered as a lobbyist in the immediately preceding two calendar years shall attend a City lobbying information session within six months of his or her registration date as a lobbyist. (2) A registered lobbyist who did not attend a City lobbying information session during the previous
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calendar year shall attend a City lobbying session by the end of the current calendar year. (3) A registered lobbyist who attends a City lobbying information session during the current calendar year is not required to attend a City lobbying information session during the following calendar year. History: Amended by Ord. No. 172479, effective 4/10/99. Amended by Ord. No. 175028, effective 2/5/03. Amended by Ord. No. 182360, effective 1/30/13.
SEC. 48.08. Disclosure Reports A. Reporting Requirement. Every lobbyist, lobbying firm, lobbyist employer and major filer shall file the quarterly disclosure reports required by this Section on or before the last day of the month following each calendar quarter. 1. All lobbyists and lobbying firms shall file quarterly reports for every calendar quarter during which they retain that status. An individual who qualifies both as a lobbyist and lobbying firm shall file only a lobbying firm quarterly report. Lobbyist employers shall file quarterly reports for every calendar quarter during which any individual employed by that employer retains the status as lobbyist. Information required to be disclosed concerning compensation received or expenditures made for lobbying shall be disclosed either by the lobbyist or by his or her lobbying firm or employer. 2. Major filers shall file quarterly reports for every calendar quarter
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during which they made qualifying payments or incurred qualifying expenditures totaling $5,000 or more.
5. The total amount of activity expenses made by the lobbyist during the reporting period, whether or not itemized.
3. Quarterly reports shall disclose all required information for the calendar quarter immediately prior to the month in which the report is required to be filed.
6. The name of any elective City officer, candidate for elective City office, or any controlled committee of the officer or candidate to which the lobbyist made contributions of $100 or more, or which were delivered by the lobbyist, or in connection with which the lobbyist acted as an intermediary during the reporting period, and the date and amount of the contribution.
B. Quarterly Reports by Lobbyists — Contents. Quarterly reports by lobbyists shall contain the following information: 1. The lobbyist's name, business address and business telephone number. 2. The lobbying firm, if any, of which the lobbyist is a partner, owner, shareholder, officer or employee. 3. If the lobbyist is not a partner, officer or owner of a lobbying firm, the name, address and telephone number of the lobbyist's employer. 4. The date, amount and description of each activity expense of $25 or more made by the lobbyist during the reporting period, the name and title of the City official benefiting from the expense, the name and address of the payee, and the client, if any, on whose behalf the expense was made. An activity expense shall be considered to be made on behalf of a client if the client requested or authorized the expense or if the expense was made in connection with an event at which the lobbyist attempted to influence the official on behalf of the client.
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7. The name of any elective City officer, candidate for elective City office, or any City controlled committee of the officer or candidate for which the lobbyist engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbyist knows or has reason to know were raised as a result of the activity. 8. The date and amount of one or more contributions aggregating more than $1,000 made by the lobbyist at the behest of an elective City officer or candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or candidate for elective City office, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 9. The date, amount and description of one or more donations aggregating
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$1,000 or more made by the lobbyist at the behest of an elective City officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit organization, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 10.If, during the quarterly reporting period, the lobbyist provided compensated services, including consulting services, to the campaign of any candidate for elective City office, or to a campaign for or against any City ballot measure, the name of the candidate, the elective City office sought by the candidate, the ballot number or letter of the ballot measure, the date of the election, the amount of compensation earned for the compensated services, and a description of the nature of the services provided. Such information shall be reported if the lobbyist personally provided the services, or if the services were provided by a business entity in which the lobbyist owns at least a 10% investment, whether the compensation was provided directly to the lobbyist or to such business entity. 11. If, during the quarterly reporting period, the lobbyist provided compensated services under contract with the City or with any City agency, including consulting services, the amount of compensation received, the agency for which the services were provided, a description or other
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identification of the contract and the nature of the services provided. Such information shall be reported if the lobbyist personally provided the services, or if the services were provided by a business entity in which the lobbyist owns at least a 10% investment, whether the compensation was provided directly to the lobbyist or to such business entity. 12. Each City agency that the lobbyist attempted to influence. 13. Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article. C. Quarterly Reports by Lobbying Firms — Contents. Quarterly reports by lobbying firms, including individual contract lobbyists, shall contain the following information: 1. The name, address, email, and telephone number of the firm. 2. The name of each lobbyist who is a partner, owner, shareholder, officer or employee of the firm. 3. The name, address and telephone number of each client that is required to be registered and was represented by the firm during the reporting period; a description of each item of municipal legislation for which the firm or its lobbyists represented the client during the reporting period; the total amount of payments received by the firm from each client (including all fees, reimbursements for expenses and
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other payments) during the reporting period for such representation. 4. The total payments received from clients required to be registered by the firm during the reporting period in connection with the firm's representation of clients on municipal legislation. 5. The date, amount and description of each activity expense of $25 or more made by the lobbying firm during the reporting period, the name and title of the City official benefiting from the expense, the name and address of the payee, and the client, if any, on whose behalf the expense was made. An activity expense shall be considered to be made on behalf of a client if the client requested or authorized the expense or if the expense was made in connection with an event at which the lobbying firm attempted to influence the official on behalf of the client. 6. The total amount of activity expenses made by the lobbying firm during the reporting period, whether or not itemized. 7. The total amount of expenses incurred in connection with attempts by the firm to influence municipal legislation. These expenses shall include: (a) total payments to lobbyists employed by the firm; (b) total payments to employees of the firm, other than lobbyists, who engaged in attempts to influence
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municipal legislation during the reporting period; and (c) all expenses attributable to attempts to influence municipal legislation, other than overhead, and other expenses that would not be incurred but for the attempts to influence. Each such expense of $5,000 or more shall be itemized and described. 8. The name of any elective City officer, candidate for elective City office, or any controlled committee of the officer or candidate to which the lobbying firm made contributions of $100 or more, or which were delivered by the lobbying firm, or in connection with which the lobbying firm acted as an intermediary during the reporting period, and the date and amount of the contribution. 9. The name of any elective City officer, candidate for elective City office, or any City controlled committee of the officer or candidate for which the lobbying firm engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbying firm knows or has reason to know were raised as a result of the activity. 10. The date and amount of one or more contributions aggregating more than $1,000 made by the lobbying firm at the behest of an elective City officer or candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or candidate for elective City office, the name and
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address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 11. The date, amount and description of one or more donations aggregating $1,000 or more made by the lobbying firm at the behest of an elective City officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit organization, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 12. If, during the quarterly reporting period, the lobbying firm provided compensated services, including consulting services, to the campaign of any candidate for elective City office, or to a campaign for or against any City ballot measure, the name of the candidate, the elective City office sought by the candidate, the ballot number or letter of the ballot measure, the date of the election, the amount of compensation earned for the compensated services and a description of the services provided. 13. If, during the quarterly reporting period, the lobbying firm provided compensated services under contract with the City or with any agency, including consulting services, the amount of compensation received, the agency for which the services were provided, a description or other identification of the contract and the nature of the services provided. For
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an individual contract lobbyist who qualifies as a lobbying firm, such information shall be reported if the lobbyist personally provided the services, or if the services were provided by a business entity in which the lobbyist owns at least a 10% investment, regardless of whether the compensation was provided directly to the lobbyist or to such business entity. 14. For an individual contract lobbyist who qualifies as a lobbying firm, each City agency that the lobbyist attempted to influence. 15.The name, address, email, and telephone number of the person responsible for preparing the report. 16. Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article. D. Quarterly Reports by Lobbyist Employers — Contents. Quarterly reports by lobbyist employers shall contain the following information. 1. The name, address, email, and telephone number of the entity filing the report. 2. The name of each lobbyist who is employed by the entity. 3. Total payments during the reporting period to lobbyists employed by the entity. Such payments shall include solely payments for compensation and reimbursement of expenses relating to the lobbyists' attempts to influence municipal legislation.
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4. Total payments to employees of the entity, other than lobbyists, who engaged in attempts to influence municipal legislation during the reporting period. Such payments shall include payments for compensation and reimbursement of expenses relating to such persons' attempts to influence municipal legislation. 5. Total payments for expenses incurred in connection with attempts by the entity during the reporting period to influence municipal legislation. These expenses shall include all expenses attributable to attempts to influence municipal legislation, other than overhead, and other expenses that would not be incurred but for the attempts to influence. Each such expense of $5,000 or more shall be itemized and described. 6. A description of each item of municipal legislation which the entity attempted to influence during the reporting period. 7. The date, amount and description of each activity expense of $25 or more made by the lobbyist employer during the reporting period, the name and title of the City official benefiting from the expense, and the name and address of the payee. 8. The total amount of activity expenses made by the lobbyist employer during the reporting period, whether or not itemized. 9. The name of any elective City officer, candidate for elective City office, or any controlled committee
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of the officer or candidate to which the lobbyist employer made contributions of $100 or more, or which were delivered by the lobbyist employer, or in connection with which the lobbyist employer acted as an intermediary during the reporting period, and the date and amount of the contribution. 10. The name of any elective City officer, candidate for elective City office, or any City controlled committee of the officer or candidate for which the lobbyist employer engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbyist employer knows or has reason to know were raised as a result of the activity. 11. The date and amount of one or more contributions aggregating more than $1,000 made by the lobbyist employer at the behest of an elective City officer or candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or candidate for elective City office, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 12. The date, amount and description of one or more donations aggregating $1,000 or more made by the lobbyist employer at the behest of an elective City officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit
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organization, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. 13. The name, address, email, and telephone number of the person responsible for preparing the report. 14. Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article. E. Quarterly Reports by Major Filers — Contents. Quarterly reports by major filers shall contain the following information: 1. The name, address and telephone number of the person filing the report. 2. A description of each item of municipal legislation which the entity attempted to influence during the reporting period. 3. The total payments made during the reporting period for the purpose of attempting to influence action on each proposed or pending matter of municipal legislation. 4. The name, address and telephone number of the person responsible for preparing the report. 5. Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provision of this Article. History:
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Amended by Ord. No. 175432 effective 9/28/03. Renumbered by Ord. No.175432 effective 9/28/03. Amended by Ord. No. 182360, effective 1/30/13.
SEC. 48.08.5 . Copies of Solicitations Each lobbying entity that produces, pays for, mails or distributes more than 50 substantially similar copies of a written political fundraising solicitation for any controlled committee of an elective City officer or candidate relating to seeking or holding City elective office or supporting or opposing a City ballot measure shall send a copy of the solicitation to the City Ethics Commission for public access, at the time the solicitation is sent or otherwise distributed, and shall report on its next quarterly report the date(s) on which it is mailed or distributed and a general description of the content of the solicitation, the number of pieces mailed or distributed, and name of the elective City officer, or candidate or City ballot measure committee for which the funds were solicited. History: Added by Ord. No. 175432, effective 9/28/03.
SEC. 48.08.6. Lobbying Disclosure — Political Contributions A. Each lobbying entity, which makes one or more contributions to an elective City officer and/or to any or all of his or her controlled committees, shall file a notice with the City Ethics Commission each time the making of a contribution results in the lobbying entity having made contributions aggregating more than $7,000 to the officer and/or his or her controlled committees within the past 12 months. The notice shall be filed on a form prescribed by the Commission
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within one business day after making a contribution that triggers the filing requirement. The notice shall contain the following information: 1. The name, address and telephone number of the filer, the name of the elective City officer, and/or any or all of his or her controlled committees, to which the lobbying entity made contributions aggregating more than $7,000 during the past twelve months, and the date and amount of each contribution. 2. For purposes of this section, a “controlled committee” does not include any committee controlled by an elective City officer that is (a) formed to support or oppose a ballot measure or (b) formed to support the election of that officer to other than elective City office. B. The original notice shall be filed with the City Ethics Commission, and copies shall be filed with the City Clerk and the elective City officer involved. Each notice may only include information relative to one elective officer. C. The form shall be considered filed on the date of the postmark or on the date of delivery to the City Ethics Commission, whichever is earlier. D. The form shall be verified under penalty of perjury by the individual filing it or by an officer of the entity authorized to file it.
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E. The City Ethics Commission shall post the information in the notice on its website within one business day of its receipt of the notice. The City Clerk shall make the notice available for inspection within one business day of its receipt. History: Added by Ord. No. 175432, effective 9/28/03.
SEC. 48.08.7. Lobbying Disclosure — Fundraising Activity A. Every lobbying entity who within any 12 month period (i) engaged in fundraising activities on behalf of an elective City officer and/or any and all of his or her controlled committees, and which knows or has reason to know that the fundraising activities resulted in contributions, and/or (ii) delivered or acted as an intermediary for one or more contributions to the elective City officer and/or any and all of his or her controlled committees, shall file a notice with the City Ethics Commission any time the activities identified in (i) and/or (ii) aggregate more than $15,000 in the case of a member of the City Council, or more than $35,000 in the case of the Mayor, City Attorney, or Controller. The notice shall be filed on a form prescribed by the City Ethics Commission within one business day after any of these thresholds is exceeded. The notice shall contain the following information: 1. The name, address and telephone number of the filer, the name of the elective City officer, and/or any or all 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 for one or more contributions to the elective City officer and/or any and all of his or her controlled committees, the date of the fundraising activity, and the amount of contributions raised, delivered or in connection with which the lobbying entity acted as an intermediary. 2. For purposes of this section, a “controlled committee” does not include any committee controlled by an elective City officer that is (a) formed to support or oppose a ballot measure or (b) formed to support the election of that officer to other than elective City office. 3. For purposes of this notification, if a fundraising event is sponsored or hosted by more than one person, the amount of contributions received at or as a result of the event shall be attributed to each lobbying entity who hosted or sponsored the event according to the amount of the contributions that resulted from that lobbying entity’s fundraising activities. If a contribution results from the fundraising of more than one person and/or lobbying entity, that contribution shall be apportioned equally to each of the persons and/or lobbying entity that engaged in the fundraising activity. B. The original notice shall be filed with the City Ethics Commission, and copies shall be filed with the City Clerk and the elective City officer involved. Each notice may only
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include information relative to one elective officer. C. The form shall be considered filed on the date of the postmark or on the date of delivery to the City Ethics Commission, whichever is earlier. D. The form shall be verified under penalty of perjury by the individual filing it or by an officer of the entity authorized to file it. E. The City Ethics Commission shall post the information in the notice on its website within one business day of its receipt of the notice. The City Clerk shall make the notice available for inspection within one business day of its receipt. History: Added by Ord. No. 175432, effective 9/28/03.
Sec. 48.08.8. Lobbying Disclosure — Written Communications to Neighborhood Councils (a) No lobbying entity registered with the City of Los Angeles shall deliver or send to a certified neighborhood council a written communication on behalf of a client, including, but not limited to, letters, faxes, electronic messages, and flyers, without a disclosure indicating that the communication was delivered or sent by that lobbying entity. (b) For purposes of subsection (a), the required disclosure shall be printed clearly and legibly in no less than 8point type in a color or print that contrasts with the background so as to be legible and shall be presented in a clear and conspicuous manner in
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the written communication. The disclosure shall include all of the following information applicable to the written communication: (1) The name of the lobbyist(s) that prepares, delivers or sends the written communication; (2) The name of the registered lobbying firm(s) or lobbyist employer(s) who employs the lobbyist(s) that prepares, delivers or sends the written communication; and, (3) The name of the client or clients on whose behalf the lobbying entity prepares, delivers, or sends the written communication in an attempt to influence municipal legislation. History: Added by Ord. No. 176034, effective 7/26/04.
SEC. 48.09 Compliance Measures and Enforcement A. Audits. The City Ethics Commission shall have the authority to conduct audits of reports and statements filed pursuant to this Article. Such audits may be conducted on a random basis or when the City Ethics Commission staff has reason to believe that a report or statement may be inaccurate or has not been filed. B. Criminal Penalties. 1. Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully causes any other person to violate any provision of this article, or who knowingly or willfully aides
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and abets any other person in violation of any provision of this article, is guilty of a misdemeanor. 2. Prosecution for violation of any provision of this article must be commenced within one year after the date on which the violation occurred. 3. No person convicted of a violation of this Article may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one year after such conviction. C. Civil Enforcement. 1. Any person who knowingly violates any provision of Section 48.04 shall be liable in a civil action brought by the City Attorney. Any person who intentionally or negligently violates any other provisions of this Article shall be liable in a civil action brought by the City Attorney. Failure to properly report any receipt or expenditure may result in civil penalties not to exceed the amount not properly reported, or $2,000, whichever is greater. Any other violation may result in civil penalties no greater than $2,000. If the court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one year. 2. In determining the amount of liability pursuant to this subsection, the court shall take into account the seriousness of the violation and the
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degree of culpability of the defendant. 3. If two or more persons are responsible for any violation, they shall be jointly and severally liable. 4. No civil action alleging a violation of this Article shall be filed more than four years after the date the violation occurred. D. Injunction. The City Attorney on behalf of the people of the City of Los Angeles may seek injunctive relief to enjoin violations of or to compel compliance with the provisions of this article. E. Administrative Penalties. The City Ethics Commission may impose penalties and issue orders for violation of this Article pursuant to its authority under Charter Section 706(c). F. Late Filing Penalties. In addition to any other penalty or remedy available, if any person fails to file any report or statement required by this Article, after any deadline imposed by this Article, such person shall be liable to the City Ethics Commission in the amount of twenty-five dollars ($25) per day after the deadline until the statement or report is filed, up to a maximum amount of $500. Liability need not be enforced by the Commission if its Executive Officer determines that the late filing was not willful and that enforcement of the penalty would not further the 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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written notice to the filer of the filing requirement. G. Restriction on Person Who Violates Certain Laws. 1. No person shall act or continue to act as a registered lobbyist or lobbying firm if, within the prior four years, that person has been found by the City Ethics Commission, in a proceeding pursuant to Charter Section 706, to have violated City Charter Section 470(k) on any occasion. That determination shall be based either on a finding of the City Ethics Commission made after an administrative hearing or on a stipulation by the lobbyist or lobbying firm entered into with the City Ethics Commission within the previous four years. 2. If the City Ethics Commission makes a finding that the person has either (1) accepted responsibility for the violation in the form of having entered into a stipulation with the City Ethics Commission in which the party admits the violation, or otherwise exhibits evidence of having accepted such responsibility, or (2) mitigated the wrongdoing by taking prompt remedial or corrective action, then the City Ethics Commission may reduce the time period during which the above prohibition would apply to a period of not less than one year.
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H. Contract Bidder Certification of Compliance With Lobbying Laws. 1. Any bidder for a contract, as those terms are defined in Los Angeles Administrative Code Section 10.40.1, shall submit with its bid a certification, on a form prescribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if the bidder qualifies as a lobbying entity under Section 48.02 of this article. The exemptions contained in Section 48.03 of this article and Los Angeles Administrative Code Section 10.40.4 shall not apply to this subsection. 2. Each agency shall include the Municipal Lobbying Ordinance in each invitation for bids, request for proposals, request for qualifications, or other solicitation related to entering into a contract with the City. The ordinance must be provided in at least 10-point font and may be provided on paper, in an electronic format, or through a link to an online version of the ordinance. The ordinance is not required to be printed in a newspaper notice of the solicitation. 3. This subsection does not apply to the renewal, extension, or amendment of an existing contract, as long as the solicitation for the original contact met the requirements in Paragraphs 1 and 2 above and the renewal, extension, or amendment does not involve a new solicitation.
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4. For purposes of this subsection, “agency” does not include a state agency operating solely within the City such as the Community Redevelopment Agency or Los Angeles City Housing Authority. History: Amended by Ord. No. 169916, effective 8/10/94. Amended by Ord. No. 171142, effective 8/3/96. Amended by Ord. No. 172942, effective 1/21/00. Amended by Ord. No. 178064, effective 1/15/07. Amended by Ord. No. 179934, effective 7/21/08.
SEC. 48.10. Ethics Commission Reports As soon as practicable after the close of each quarterly reporting period, the City Ethics Commission shall prepare a report to the Mayor and City Council of lobbying activity which occurred during the reporting period. Such report shall be in a form which, in the opinion of the Commission, best describes the activities, receipts and expenditures of persons subject to the requirements of this article. History: Added by Ord. No. 169916, effective 8/10/94.
SEC. 48.11. Severability If any provision of this article, or its application to any person or circumstance, is held invalid by any court, the remainder of this article and its application to other persons and circumstances, other than that which has been held invalid, shall not be affected by such invalidity, and to that extent the provisions of this article are declared to be severable. History: Added by Ord. No. 169916, effective 8/10/94.
. . . .
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Slavery Disclosure Ordinance Unless otherwise exempt, in accordance with the provisions of the Slavery Disclosure Ordinance, any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. All Bidders/Proposers shall complete and upload the Slavery Disclosure Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract. Bidders/Proposers seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.
SDO RFB/RFP/RFQ Language (Rev. 7/12)
BIDS
(Pages LBPP‐1 through LBPP‐6)
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 8% Local Business Prime
Or Local Business Subcontractor (s)
Up to 5%
NOTE: Local Business Preference Program information and/or assistance may be obtained through the City’s Bureau of Contract Administration, Office of Contract Compliance by email at
[email protected].
LBPP Citywide RFB (Rev. 04/18/12)
LBPP-1
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 Bid 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. 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 Administration Code, on behalf of the City. The Proprietary Departments and the Departments of Recreation and Parks, and Library are strongly encouraged to LBPP Citywide RFB (Rev. 04/18/12)
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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. For procurement contracts this may include, but not be limited to Cash Discount, or Combined Award Discount. 5. “Cash Discount" means a reduction in the full cost of a good or service when payment is made within a specified period of time: e.g. 2% 10 net 30. 6. "Combined Award Discounts" (CAD) means the discount terms offered by a supplier and are usually expressed in percentages taken directly from the pricing totals of the bidders offering such a discount. CADs are applicable if the specification or bidding document includes the CAD provision clause, it is applicable to more than one item or more than one group of items, and if the items included for CAD purposes are not cherry picked from a predefined group of items as set forth by the specifications or bid document. 7. "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. 8. “Local Subcontractor” means a contractor that meets the same qualification as a local business.
LBPP Citywide RFB (Rev. 04/18/12)
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9. “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 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 60 days after the date on which the Contract with the City is awarded, but prior to execution of the contract, the Provisionally Qualified Local Business must become a qualified Local Business. D. Local Business Preference Program Participation Recognition 1. Qualifying contractors who participate in the LBPP by qualifying as a local business will receive an 8% preference credit to their bid in excess of $150,000.00 or bids 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% preference credit to their bids. a. The Awarding Authority shall provide a 1% preference, up to a maximum of 5%, to the proposal price for every 10% of the 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. 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 City. 4. A Provisionally Qualified Local Business who participates in the LBPP by qualifying as a local business will receive an 8% preference credit to its bids, 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. LBPP Citywide RFB (Rev. 04/18/12)
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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 awarded. The Awarding Department shall notify the Provisionally Qualified Local Business thirty (30) days after contract award that it comply as a local business or contract award will be rescinded. 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 $1,000,000.00 for any bid.
9. A bid preference does not reduce the contract amount. 10. 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 a Local Subcontractor Preference of up to 5 percent, 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.
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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.
11. 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 the bid preference. 12. 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 Bid Preference. 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 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. 04/18/12)
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