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Attachment No.4 Contracting Requirements for New Hall City Contracting Procedures The following table contains a list of those City of Los Angeles Contracting Requirements for Personal Services Consultant Contracts and Construction Contracts that are required under the Agreement. With respect to each requirement, an "X~' has been placed in the columns to the right to indicate whether the requirement applies to Personal Services Consultant Contracts, Construction Contracts, or both. City of L.A. Non- Discrimination, Equal Employment Practices, Affirmative Action Requirements ORIGIN: LAAC Section 10 Thresholds: Non-Discrimination Clause -All EEP: Canst. $1,000 to $5,000 Non-Canst. $1,000 to $100,000 AAP: Const. >=$5,000 Non-Canst. >= $100,000 City requires and monitors consultants and their agreement that it shall not discriminate, will provide equal employment practices and that each will adhere to an affirmative action program to ensure that in their employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition. New streamlined procedure. Non- DiscriminationlEqual Employment Practices Affidavit and AAP Affidavit uploaded to BAVN as applicable (see thresholds). BCAreviews completeness of affidavit(s) prior to award. x x Attachment No.4 Page 1

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Page 1: City ofL.A. Non- Discrimination, Equal Employment ...ens.lacity.org/downtownstadium/commission_doc/downtownstadiu… · employment practices, persons are employed and employees are

Attachment No.4Contracting Requirements for New Hall

City Contracting Procedures

The following table contains a list of those City of Los Angeles ContractingRequirements for Personal Services Consultant Contracts and Construction Contracts thatare required under the Agreement. With respect to each requirement, an "X~' has beenplaced in the columns to the right to indicate whether the requirement applies to PersonalServices Consultant Contracts, Construction Contracts, or both.

City of L.A. Non-Discrimination,Equal EmploymentPractices,Affirmative ActionRequirements

ORIGIN: LAACSection 10Thresholds:Non-DiscriminationClause -AllEEP: Canst. $1,000 to$5,000Non-Canst. $1,000 to$100,000AAP: Const.>=$5,000Non-Canst. >=$100,000

City requires andmonitors consultantsand their agreementthat it shall notdiscriminate, willprovide equalemploymentpractices and thateach will adhere toan affirmative actionprogram to ensurethat in theiremploymentpractices, persons areemployed andemployees are treatedequally and withoutregard to or becauseof race, religion,ancestry, nationalorigin, sex, sexualorientation, age,disability, maritalstatus or medicalcondition.

New streamlinedprocedure.Non-DiscriminationlEqualEmployment PracticesAffidavit and AAPAffidavit uploaded toBAVN as applicable(see thresholds).BCAreviewscompleteness ofaffidavit(s) prior toaward.

x x

Attachment No.4Page 1

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No Awarding New streamlinedAuthority of the City procedure.shall execute or Affidavit formamend any contract uploaded to BAVN.that exceeds $5,000 BCAreviews

Equal Benefitswith any contractor completeness ofthat discriminates in affidavit prior to award

Ordinance the provision of but not full compliancebenefits between audit.

ORIGIN: LAAC spouses of employees Random compliance X XSection 10.8.2.1 and domestic audits performed on

Threshold: >$5, 000 partners of awarded contracts.employees, andbetween dependentsand family membersof spouses anddependents andfamily members ofdomestic artners.

Slavery DisclosureCity administers New streamlinedpolicy that requires procedure.Ordinance full disclosure of any SDO Affidavit form

ORIGIN: LAACparticipation in or uploaded to BAVN andprofits derived X X

Section 10.41 through slavery by is good for one year.BCAreviews

Threshold: All companies seeking to completeness ofAgreements do business with the affidavit prior to award.City.

ContractorRequires that eachdepartment make a

Responsibility determination as toOrdinance whether prospective Contractor completesORIGIN' City contractors are responsibilityOrdinance #173677 responsible and questionnaire. BCA X XThresholds:Constrnction - All capable of fully reviews prior to award.

Non-Const.: >$25,000 performing the work& 3 months before being awarded

a City contract.

Attachment No.4Page 2

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Any bidder for acontract shall submitwith its proposal a

Contract Bidder Bidder Certification,Certification of proscribed by theCompliance with City Ethics Comm.,Lobbying Laws that the bidder Contractor submitsORIGIN: LA acknowledges and signed DisclosureMunicipal Lobbying agrees to comply Certification Form X XOrdinance with the disclosure (CEC Form 50).Thresholds: requirements andConstruction - All prohibitionsNon-Const.: >$25,000 established in the& 3 months Ordinance if the

bidder qualifies as alobbying entity underthe Ordinance.The policy oftheCity is to provideMinority BusinessEnterprise (MBE),Women Business

Business Inclusion Enterprise (WBE),Program Small Business Contractor performs

Enterprise (SBE), BIP Outreach on theORIGIN: Mayor's Emerging Business Business AssistanceExecutive Directive Enterprise (EBE), Virtual Network X XNo. 14 Disabled Veteran (www.labavn.org) and

Business Enterprise submits documentsThreshold: Any (DVBE), and all sufficient to pass ancontract that must be Other Business evaluation by BCA.advertised. Enterprise (OBE)

concerns an equalopportunity toparticipate in theperformance of allCity contracts.

Attachment No.4Page 3

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Requires that allcontractors andsubcontractors,

Child Support performing work forAssignment Orders the City, comply with Contractor submitsall reporting signed statement. X XORIGIN: Council requirements andOrdinance #1721401 wage and earning

assignments relativeto legally mandatedchild su ort.Assures thatcontractors areroutinely evaluated in

Contractoraccordance withapproved criteria and

Performance that this evaluativeEvaluation data is catalogued City completes anOrdinance and readily evaluation form, X X

ORIGIN: Cityaccessible to andconsidered byOrdinance #173018contract awardingauthorities prior toentering intocontracts.

Contractor submitsMonitoring and BTRC prior to award.Enforcement of All subcontractors shallCity of Los Angeles have a current, validBusiness Tax Contractor must have BTRC in order toRegistration a BTRC prior to the receive approval to X XCertificate (BTRC) award of a contract. work on any project.

Approval will beORIGIN: LAMC Chp withheld until such timeII, Article 1, Section as the subcontractor21.08 obtains a current, valid

BTRC.

Attachment No.4Page 4

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Applies to contractsand subcontracts over$100,000 if the Contractor Submitscontract is approved CEC Form 55 and

Bidder by City Council or contract language isContributions other elected added.(CEC Form 55) officials. Generally Completed form must

this will not be the be checked forORIGIN: On March 8, case for construction compliance. Also X X2011, voters passed contracts, but applies to subcontractsCharter AmendmentH. currently does apply over $100,000, but they

for Personal Services do not fill outThreshold' >$100,000 Contracts due to the individual forms - they

Mayor's Office are listed by the primereview as required by on their form.Executive Directive3.Amends Los AngelesAdministrative Codeto add anewDivision 10, Chapter1, Article 18 toestablish a program

First Source Hiringthat requires service Consultant submitscontractors who hire

Ordinance new employees to Signed Declaration andForms. BCA reviews

ORIGIN' Cityperform work on a selected proposer'sCity contract to seek X

Ordinance #179281 employee references compliance documents

through referrals and issues a complianceThreshold: >$25,000 determination prior to& 3 months from the City and contract award.other agencies

interested in trainingand findingemployment for thetraditionallyunemployed orunder-em loyed.

Attachment No.4Page 5

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I ContractI

. '"~. fir" . ", -

I ,

Living WageOrdinance

ORIGIN: LAACSection 10.37

Threshold: >$25,000& 3 months

Requires servicecontractors, lesseesand financialassistance recipientsto provide aminimum level ofcompensation thatwill improve thelevel of servicesrendered to and forthe City.

Consultant submitssigned declaration formwithin 30 days ofcontract execution.Program is complaintdriven. Failure to Xcomply may result incontract cancellation,payment withholding ordebarment.

Service ContractorWorker RetentionOrdinance

ORIGIN'LAACSection 10.36

Threshold: >$25,000& 3 months

Encourages theretention of existingservice workers whena change incontactors occurs.

Only applicable when acontract is being let toreplace similar serviceprovided by a priorcontractor. Requiresawarding authority toidentify such instancesand inform BCA, Noforms are required withproposal.

X

Americans withDisabilities Act

ORIGIN: U.S.C.Section 12101

City requires andmonitors thatconsultant providereasonableaccommodations toallow qualifiedindividuals withdisabilities to haveaccess to and toparticipate in itsprograms, servicesand activities inaccordance with theprovisions of theAmericans withDisabilities Act.

Consultant submitssigned certificationform.

X

Attachment No.4Page 6

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Monitoring andEnforcement ofProfessionalLicenses,Professional andOther Insurance

ORIGIN: BPW Policy

Project LaborAgreement (PLA)and Public WorksInfrastructureStabilization Policy(ISP)

ORIGIN: Board ofPublic Works Policywith City Councilapproval on1211712010 (CouncilFile No. 09-0963)

City monitors andrequires consultantsto provide andmaintain professionallicenses, professionaland other insurancerequired by local,state, and federallaws.Contractor'sagreement to hire aspecified percentageof workers who livewithin the boundariesof the City andCounty of LosAngeles. The core ofthe policy is toaddressunemployment andunderemployment inconcentrated povertyneighborhoods and toadvance the skills ofthe local labor poolby utilizing the craftlabor organizationssignatory to the PLAas the primary sourceof all craft labor.The PLA is to beincluded on PublicWorks CapitalImprovementProjects over $2.8Million.

Attachment No.4Page 7

Consultant submitsproof of licenses andmonitored by BCA.

Monitoring andenforcement by BCA.

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To be eligible foraward of a project bythe Board of PublicWorks, contractor isrequired tosubcontract aminimum percentageof its bid to anyqualified availablesubcontractors,manufacturers,suppliers, brokers.Contractors must list,in their bid, all

ORIGIN: Department subcontractors,of Public Works Policy manufacturers,

suppliers, and/orThreshold: >$100,000 brokers, regardless of

bid amount, that thebidder wishes to becredited towardachieving therequired MandatorySubcontractingMinimum (MSM)established for theroject.

BCA researches andevaluates thequalifications andwork history of anyPrime Contractorwho has notpreviously beenawarded a Public

ORIGIN: Department Works Project. BCAof Public Works Policy may also review a

Prime Contractor ifthey have not beenawarded a PublicWorks contract in theast 5 ears.

Board of PublicWorks MandatorySubcontractingMinimum

First Time BidderEvaluation

Listing of intendedsubcontractors to meetMSM in bid bycontractor. Complianceis verified by BCAprior to contract award.

Research, review andapproval by BCA.BCA conducts a "FirstTime BidderInvestigation" todetermine the fitnessand capacity of thecontractor to performwork on a Public WorksProject. The results ofthis investigation areforwarded to the Boardof Public Works priorto award of the project.

Attachment No.4Page 8

x

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Approval of allsubcontractorsbefore they areallowed to beginwork

ORIGIN: Departmentof Public Works Policy

Board of PublicWorks "Zero SpillsPolicy"

ORIGIN: Board ofPublic Works PolicyAdopted June 6, 1998

The Bureau ofContractAdministrationreviews and approvesall subcontractors atany level regardlessof dollar amount, forcompliance withapplicable laws andlicenses, prior tobeginning work onCity rojects.

Research, review andapproval by BCA.Failure to comply shallresult in a penalty of upto 10% of the totalsubcontract amount andpossible sanctions bythe Board of PublicWorks.

City monitors andrequires contractorsto adhere to theBoard of PublicWorks "Zero SpillsPolicy" and holds allcontractors liable,responsible andaccountable for allconstruction relatedsewage spills causedby the contractor'snegligent actions,including the costsfor containment,clean-up, andim acts.

Monitoring by BCA ofcontractor'scompliance.The Inspector monitorsthe contractor's fieldactivities to ensure thatall legally mandatedactions are taken tomitigate any sewagespill or discharge.

Attachment No.4Page 9

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Vendor and/or Bidders must list, in Submittal of form withSupplier and their bids, the names bid by Contractor.Broker of vendors and/orParticipation suppliers and brokersRecognition and the dollar

amounts for whichORIGIN: Department the bidder hasof Public Works Policy obligated itself, in X Xconjunction with the

policies establishedby the BusinessInclusion Programand MandatorySubcontractingMinimumre uirements.

Executive DirectiveCity requests thateach contractor state

No. PE-6: Hiring of his or her respective"At Risk" willingness toPersonnel in City voluntarily provide Contractor submitsProjects training and signed declaration form. X

ORIGIN: Mayor'semploymentopportunities to "at-

Executive Directive risk" individuals inNo. PE-6the communit .

Attachment No.4Page 10

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Bid listing of all All prime contractors Contractor submits listSubcontractors must list in their of subcontractors withperforming more original bid for work bid.than liz of 1 percent all subcontractors Subcontractors notof the work of the who will perform listed at the time of bidproject, or $10,000, work in an amount in may be approved forwhichever is excess of liz of 1 work after award of thegreater. percent of the prime contract, but not for a

contractor's total bid, dollar amount moreORIGIN: Public or $10,000 than Yz of 1 percent ofContract Code whichever is greater. the prime contractor's XSection 4104 If the Prime original total bid, orMaster General Contractor fails to $10,000, whichever isConditions Section bid-list a greater; unless the work00311 subcontractor for any is the result of a change

portion of the work in scope of the work orofthe project, the work added by changePrime Contractor order.agrees that they shallperform that portionof the workthemselves.The Bureau ofContract Monitoring andAdministration approval by BCA.monitors and Any Prime Contractor

Monitoring andenforces the and/or Subcontractorrequirements that all found to have an

Enforcement of Prime Contractors improper license toCalifornia and/or subcontractors perform the workContractor's working on a Public designated, or a licenseLicense Works project have a that has been suspended XRequirement(s) current, valid or terminated, shall be

ORIGIN: Public California inunediately removed

Contract Code Contractor's License from the proj ect and notto perform the work allowed to work on thedesignated to be project until such timeperformed by that as the proper license isPrime and/or in effect.Subcontractor.

Attachment No.4Page 11

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AwardingAuthority Approvalof all subcontractorsubstitutions

ORIGIN: PublicContract Code Section4107

Based on therecommendation ofthe Bureau ofContractAdministrationacting on behalf ofthe Board of PublicWorks, allsubstitutions of a bid-listed or approvedsubcontractor shallbe approved by theBoard of PublicWorks in an opensession ofthe Board.Acting on behalf ofthe Board of PublicWorks, the Bureau ofContractAdministration mayapprove thesubstitutingcontractor performwork prior to formalapproval by theBoard.

Attachment No.4Page 12

Review and approval byBCA. Primecontractors may bepenalized up to 10% ofthe subcontract amountif they fail to getapproval for anysubstitution of a bid-listed subcontractor or asubcontractor approvedto work on the projectafter award ofthecontract. "Substitution"is deemed to mean anyperson or entity otherthan those approved toperform the work,including the PrimeContractor. Failure togain approval for anysubstitution may resultin a suspension orrejection of the work inquestion .. Pleasereview the form ofConstruction Contractand General Conditionsto understand the extentto which the MSM willappl to this Proi ect.

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Progress Payments

ORIGIN: PublicContract Code Section20104.50

METHOD OFCOMPLIANCE:Contractor submitsmonthly paymentrequest application forreview and approvalbyBCA

The Bureau ofContractAdministrationadministers themonthly progresspayments to thegeneral contractor forPublic Worksconstruction projectsto ensure promptpayment as requiredby the PublicContract Code. ThePrime Contractormust be paid within30 days of receipt bythe Bureau ofContractAdministration of aproperly executedand acceptedpayment request.

Contractor submitsmonthly paymentrequest application forreview and approval byBCA.Payment requests arenot processed if thePrime Contractor failsto maintain insurance asrequired by thecontract.

Attachment No.4Page 13

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Release ofRetention

ORIGIN: PublicContract Code Section7107

The Bureau ofContractAdministration isresponsible foradministering theholding and releaseofa certainpercentage of thecontractor's progresspayment as retentionuntil Final FieldAcceptance (FFA) ofthe project incompliance with thePublic Contract Code(PCC). Per the PCCretention must bereleased within 60days of the FFAexcept that 150% ofdisputed funds maybe withheld.

Attachment No.4Page 14

BCA administersholding and releasingretention. x

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Progress andRetention Paymentto Subcontractors

ORIGIN: PublicContract Code Section7107;California BusinessAnd Professions CodeSection 7J08. 5

In conj unction withthe listedsubcontractor workprovided by thegeneral contractor,with their bid, theBureau of ContractAdministrationoversees contractor'scompliance withpayments made tosubcontractors incompliance with thePublic ContractCode. The PrimeContractor isrequired to pay allsubcontractors fortheir portion of workpaid for on monthlyprogress payments,or out of retentionproceeds with 7 daysof receiving saidayment.

Attachment No.4Page 15

Contractor submitsdocumentation forreview by BCA.

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Local BusinessPreferenceProgram

ORIGIN: LMCSection 10.21 Adoptedby CounciI101141JI.

Threshold: >$150,000

Provides thatbidders/proposerscertified as "LocalBusinesses" wouldreceive an 8% bidpreference in thedecision to awardcontracts. In the caseofRFP's, localbusinesses would beentitled to an 8%bonus to their finalevaluation score.There are alsoprovisions for up to a5% preference fornon local businessesusing certified localsubcontractors. Abidder/proposer maybe deemed aProvisionallyQualified LocalBusiness on contractsexceeding$1,000,000 and threeyears in duration.

Attachment No.4Page 16

Requires BCACertifications as a"Local Businesses" onthe Business AssistanceVirtual Network.

Requires calculation ofthe appropriateadjustment of scores orbids.

Requires compliancemonitoring forutilization of LocalBusinesses.

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