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CONTRACT SUMMARY SHEET
TO: THE OFFICE OF THE CITY CLERK,COUNCIL/PUBLIC SERVICES DIVISIONROOM 395, CITY HALL
(PLEASE DO NOT STAPLE THE CONTRACT FOR THE CLERK'S FILE)
DATE: 11/19/2012
FROM (DEPARTMENT): BOARD OF PUBLIC WORKS
CONTACT PERSON: DAVID P. CHANQUIN PHONE: 213 978-0260
CONTRACT NO.: C-109434 / COUNCIL FILE NO.:_1_0-_1_71_1 _
ADOPTED BY COUNCIL: 10/23/2012DATE
APPROVED BY BPW: 6/29/2012DATE
NEW CONTRACTAMENDMENT NO.2 /.ADDENDUM NO.SUPPLEMENTAL NO.CHANGE ORDER NO.
CONTRACTOR NAME: CH2M HILL /-----------------------------------------TERM OF CONTRACT: _1_01_3_1/_20_1_4 THROUGH: _1_01_3_1/_20_2_1 _
TOTALAMOUNT: __ ~$~6,~00_O~IO_O_O_.O_O ___
PURPOSE OF CONTRACT:TO EXTEND FOR 7 YEARS THE CONTRACT FOR PROGRAM MANAGEMENT SERVICESFOR THE FINAL DESIGN, RIGHT-OF-WAY AND CONSTRUCTION PHASES FOR THE SIXTHSTREET VIADUCT REPLACEMENT PROJECT
NOTE: CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET
AMENDMENT NO.2
to
Contract No. C-I09434
for
Program Management Services
Between
CITY OF LOS ANGELES
and
CH2M Hill
AMENDMENT NO.2 TO CONTRACT NO. C-l 09434, FOR PROGRAM MANAGEMENTSERVICES BETWEEN THE CITY OF LOS ANGELES AND CH2M HILL.
This Amendment modifies the Contract executed on January 19,2006, between the Cityof Los Angeles (hereinafter referred to as "CITY") and CH2M Hill (hereinafter referred to as"CONSULTANT").
WITNESSETH
WHEREAS, CITY issued a Request for Qualifications (RFQ) on December 23,2003 forProgram Management Services and CONSULTANT submitted a proposal in response; and
WHEREAS, CONSULTANT demonstrated qualifications to perform said services and wasselected to perform the program management services by CITY staffbased on the evaluation criteriaset forth in the RFQ; and
WHEREAS, on January 19, 2006, Contract No. C-l 09434 was awarded to CONSULTANT,the terms of which will expire on October 31,2014; and
WHEREAS, the CONSULTANT is currently providing Program Management services forthe Bridge Improvement Division and the Sixth Street Viaduct Division, both Divisions combinedwere formerly known as the Bridge Improvement Program, and has the capacity and experiencedpersonnel to provide the required services; and
WHEREAS, the CITY and CONSULTANT have agreed to extend the term of the Contractby seven (7) additional years through October 31, 2021; and
WHEREAS, the Bureau of Engineering of the Department of Public Works, (hereinafterreferred to as "BUREAU"), is the Program Manager and oversees the CONSULTANT'Sperformance of this Contract; and
WHEREAS, the BUREAU has determined that the total funding previously allocated, isinsufficient to complete the services and additional funding in the amount of$6,000,000 is required,increasing the ceiling of this Contract from $10,000,000 to $16,000,000; and
NOW, THEREFORE, in consideration ofthe foregoing and ofthe benefits which will accrueto the parties hereto in carrying out the conditions ofthis Amendment No.2, Contract No. C-I09434is amended as follows:
ARTICLE 1 SECTION HEADINGS AND CONSTRUCTION OF PROVISIONS
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLES
AND TITLES HEREIN
No Change
DEFINITIONS
No Change
PROJECT DESCRIPTION
No Change
RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BYTHE CONSULTANT
No Change
KEY CONSULTANT PERSONNEL
Article 5 is hereby amended in Section 5.1 to read as follows:
5.1 CONSULTANT designates the following persons to implement thework:
NAME FUNCTION
c.y Chandran Program Manager
Bardia Nezhati Principal-In-Charge
Rick Luebbers Project Manager
Melissa de la Pena Agency Coordination/Community Outreach
Jim Bednar Agency Coordination/FHW A
Les Melhorn Technical Support Services
Chris Serroels Engineering Services
Kyleen Junier Engineering Support
Matt Reifer Utilities and Right-of-Way
Randy Denton Electrical Utilities
Don Anderson Geotechnical
Curt Basnett Geotechnical
Ping Tian Geotechnical
Mark Fricke . Roadway Design
Tom Ionta Roadway Design
Chris Angleman Traffic Planning
Loren Bloomberg Traffic Design
Ted Mekuria Signal Design
Farid Nobari Bridge Design/Financial Plans
Mohamed Atiquallah Bridge Design
Joe Showers Bridge Design
Mark Brady Bridge Design
Hans Strandgaard Bridge Design
Doug Fredericks Bridge Design
George Hsu Drainage Design
Kathleen Higgins Drainage Design
Rob Henderson Drainage Design
Andy Vollmar Graphics
Bill Fox Visualizations
Bill Graham Environmental
Carolyn Washburn Environmental
Kellie Freeman Community Relations
Paul Johnson
John O'Reilly
Brian Belfi
Partha Bora
Soomodh Abraham
Alan Bradford
David Golles
Jeff Shaw
AzharKhan
Bill Ingles
Derek Morse
Vania Climan
Larry Wong
Lilly Acuna
Maria Garatea
Arlene Luna
Kimberly Woods
Cheryl Brown
Dawn Durand
Brian Skeith
Christine Fischer
Diana Lloyd
Value Engineering Coordinator
Estimator
Construction Manager General Contractor RFP
Hazardous Materials
Hazardous Materials
Hazardous Materials
Hazardous Materials
Construction Management
Construction Management
Claims Mitigationi Analysis
Financial Plans! Applications
Project Controls
Scheduling
Project Administration
Project Administration
Project Administration
Proj ect Administrati on
Document Production
Word Processing
Contract Administration
Contract Administration
Contract Administration
Additional technical specialists shall be assigned subject to the CITY
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ENGINEER'S approval.
RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BYCITY
No Change
TERM OF CONTRACT AND TIME OF EFFECTIVENESS
Article 7 is hereby amended in its first paragraph to read as follows:
Unless otherwise provided, the term of this Contract shall begin on thedate of full execution of this Contract and shall expire on October 31,2021 unless terminated as provided under Article 8 or extended byamendment to this Contract.
All other information under Article 7 will remain the same.
TERMINATION
No Change
SUBCONSULTANT APPROVAL
Article 9 is hereby amended in its list of sub consultant firms to include thefollowing:
Epic Land Solutions, Inc.Global Business Solutions, Inc.Urban Strategy Group, LLCIDC Consulting Engineers, Inc.Vanir Construction Management, Inc.Galvin Preservation AssociatesPac Rim Engineering
Advanced Civil Technologies, Inc.Leo R. FerroniWiss, Janney, Elstner Associates,
Inc.Eric DelonyWagner Engineering & Survey, IncDiverse Strategy for Organizing
COMPENSATION, INVOICING AND PAYMENT
No Change
AMENDMENTS, CHANGES OR MODIFICATIONS
No Change
INDEMNIFICATION AND INSURANCE
ARTICLE 13
ARTICLE 14
ARTICLE 15
No Change
INDEPENDENT CONTRACTORS
No Change
WARRANTY AND RESPONSIBILITY OF CONSULTANT
No Change
OWNERSHIP OF DATA
Article 15 is hereby amended in its title and content in Sections 15.1 and 15.2to read as follows:
OWNERSHIP OF DATA AND INTELLECTUAL PROPERTY
15.1 Ownership of Data and License
15.1.1 Unless otherwise provided for herein, all Work Productsoriginated and prepared by CONSULTANT or itssubconsultants of any tier under this Contract shall be andremain the exclusive property of the CITY for its use in anymanner it deems appropriate. Work Products are all works,tangible or not, created under this Contract including, withoutlimitation, documents, material, data, reports, manuals,specifications, artwork, drawings, sketches, computerprograms and databases, schematics, photographs, video andaudiovisual recordings, sound recordings, marks, logos,graphic designs, notes, websites, domain names, inventions,processes, formulas matters and combinations thereof, and allforms of intellectual property. CONSULTANT herebyassigns, and agrees to assign, all goodwill, copyright,trademark, patent, trade secret and all other intellectualproperty rights worldwide in any Work Products originatedand prepared by CONSULTANT under this Contract.CONSULTANT further agrees to execute any documentsnecessary for the CITY to perfect, memorialize, or record theCITY'S ownership of rights provided herein.
15.1.2 For all Work Products delivered to the CITY that are notoriginated or prepared by CONSULTANT or itssubconsultants of any tier under this Contract,CONSULTANT hereby grants a non-exclusive perpetuallicense to use such Work Products for any CITY purposes.
ARTICLE 16
ARTICLE 17
ARTICLE 18
15.1.3 CONSULTANT shall not provide or disclose any WorkProducts to any third party without prior written consent ofthe City.
15.1.4 All documents, information and pre-existing materialsprovided by CITY to CONSULTANT and its subconsultantsarising out of or related to this Contract shall remain theproperty of the CITY. The CONSULTANT may not use,distribute or otherwise make public in any manner, either forprofit or not for profit, any of the information, documentation,or procedures developed for the CITY hereunder without theprior written consent of the CITY. CONSULTANT furtheragrees to execute any documents necessary for the CITY toperfect, memorialize, or record the CITY'S ownership ofrights.
15.1.5 Any subcontract entered into by CONSULTANT relating tothis Contract, to the extent allowed hereunder, shall include alike provision for work to be performed under this Contract tocontractually bind or otherwise oblige its subconsultantsperforming work under this Contract such that the CITY'Sownership and license rights of all Work products arepreserved and protected as intended herein. Failure ofCONSULTANT to comply with this requirement or to obtainthe compliance of its subconsultants with such obligationsshall subject CONSULTANT to the imposition of any and allsanctions allowed by law, including but not limited totermination of CONSULTANT'S Contract with the CITY.
15.2 With regard to the basis for design calculations and engineeringnotes, such data shall be provided to the CITY in (a) hard cover postbinder(s), appropriately indexed, on thin Mylar stock or good qualitypaper satisfactory for reproduction.
All other information under Article 15 will remain the same.
NONDISCRIMINATION AND AFFIRMATIVE ACTION
No Change
DBE PARTICIPATION REQUIREMENTS
No Change
SUCCESSORS AND ASSIGNS
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
No Change
CONTACT PERSONS - PROPER ADDRESSES - NOTIFICATION
Article 19 is hereby amended in its CITY contact person and address asfollows:
FROM: Contact Person: John C. Koo, P,R, S,R, Group Manager
Address: City of Los Angeles, Bureau of EngineeringBridge Improvement Program1149 S. Broadway, Suite 750Los Angeles, CA 90015
TO: Contact Person: James A. Treadaway, P.E., S.E.Address: City of Los Angeles, Bureau of Engineering
Bridge Improvement Division1149 S. Broadway, Suite 750Los Angeles, CA 90015
All other information under Article 19 will remain the same.FORCE MAJEURE
No Change
SEVERABILITY
No Change
DISPUTES
No Change
ENTIRE CONTRACT
No Change
APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT
No Change
CURRENT LOS ANGELES CITY BUSINESS TAXREGISTRATION CERTIFICATE REQUIRED
No Change
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
ARTICLE 34
ARTICLE 35
BONDS
No Change
CHILD SUPPORT ASSIGNMENT ORDERS
No Change
LIVING WAGE ORDINANCE AND SERVICE CONTRACTORWORKER RETENTION ORDINANCE
No Change
AMERICANS WITH DISABILITIES ACT
No Change
EQUAL BENEFITS ORDINANCE
Article ~O is hereby amended in its contact number for the Office of ContractCompliance as follows:
From: (213) 847-1922To: (213) 847-2632
All other information under Article 30 will remain the same.
WAIVER
No Change
PROHIBITION AGAINST ASSIGNMENT OR DELEGATION
No Change
PERMITS
No Change
CLAIMS FOR LABOR AND MATERIALS
No Change
DISCOUNTS
No Change
ARTICLE 36
ARTICLE 37
ARTICLE 38
ARTlCLE39
ARTICLE 40
ARTICLE 41
ARTICLE 42
ARTICLE 43
ARTICLE 44
ARTICLE 45
CONTRACTOR RESPONSIBILITY ORDINANCE
No Change
BREACH
No Change
COVENANT AGAINST CONTINGENT FEE
No Change
CONDITIONS PRECEDENT TO EXECUTION OF THISCONTRACT
No Change
CONFLICT OF INTEREST
No Change
RESTRICTION ON DISCLOSURES
No Change
COMPLIANCE WITH STATUTES AND REGULATIONS
No Change
INVENTIONS, PATENTS AND COPYRIGHTS
No Change
CALTRANS AUDIT REQUIREMENTS
Article 44 is hereby amended in its third sentence of the first paragraph toread as follows:
Furthermore, the total amount of this Contract shall not exceed $16,000,000.
All other information under Article 44 will remain the same.
SLAVERY DISCLOSURE ORDINANCE
No Change
ARTICLE 46 AFFIRMATIVE ACTION PROGRAM
No Change
ARTICLE 47 FALSE CLAIMS ACT
No Change
ARTICLE 48 EQUAL EMPLOYMENT PRACTICES
No Change
ARTICLE 49 FIRST SOURCE HIRING ORDINANCE
No Change
The Contract is hereby amended to include the following Article:
ARTICLE 50 BIDDER ETHICS
As amended, this Contract is subject to Charter Section 470(c)(12) andrelated ordinances and as a result, the CONSULTANT was required tosubmit Bidder Contributions CEC Form 55 (Exhibit N) within ten businessdays of discussing the amendment. Consequently, CONSULTANT may notmake campaign contributions to and or engage in fundraising for certainelected City officials or candidates for elected City office from the date theamendment is first discussed until l Zmonths after the amendment is signed.The CONSULTANT'S principals and subconsultants performing $100,000or more in work on the contract, as well as the principals of thosesubconsultants, are also subject to the same limitations on campaigncontributions and fundraising.
CONSULTANT must also notify their principals and subconsultants inwriting of the restrictions and include the notice in contracts withsubconsultants. Consultants who fail to comply with City law may be subjectto penalties, termination of contract, and debarment. Additional informationregarding these restrictions and requirements may be obtained from the CityEthics Commission at (213) 978-1960.
EXCEPT AS EXPRESSLY MODIFIED herein, the Contract executed on January 19,2006 andamended on December 6, 2010 remains unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the day andyear written below.
CH2MHILL
By: I~A-~Title: tACE ,~~Date: (P 12---1 l \"L--
CITY OF LOS ANGELES
. e: President, Board of Public WorksDate: t ( Ii for (2--
By:
ATTEST:JUNE LAGMAY City Clerk
Date:
By:Date: II 1 .,so /d1-
c.~I09~ Y-oZAPPROVED AS TO FORM:
::RMC: TR~O CityAttorneyTitle:~).~Date: \A / »] 2. ot L
