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HomeMy WebLinkAboutIntegrity Environmental, Inc. - 2009-05-14CONTRACTS SUBMITTAkTO I I Hl 10 55 CITY CLERKS OFFIC 1 To: JOAN FLYNN, City Clerk Name of Contractor: Integrity Environmental, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Hazardous Materials Inspection and Testing Services Amount of Contract: $98,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F1 to Risk Management Fj Finance Dept. F1 ORIGINAL bonds sent to Treasurer FI W�'Loll'ld Date: 4� / �O1 1�atbe/'Eqerion City Attorney's Office GAttyNfisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRITY ENVIRONMENTAL CONSULTANTS, INC. FOR HAZARDOUS MATERIALS INSPECTION AND TESTING SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRITY ENVIRONMENTAL CONSULTANTS, INC. FOR HAZARDOUS MATERIALS INSPECTION AND TESTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Integrity Environmental Consultants, Inc. , a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide hazardous materials inspection and testing services : and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Massoud Randari who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional svcs 50 to 100 12-07 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on s�`� 7 , 200_ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety -Eight Thousand Dollars ($ 98,000.00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional svcs 50 to 100 12-07 2 of 11 4 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/ surfnet/professional sves 50 to 100 12-07 3 of 11, apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/ surfnet/professional Svcs 50 to 100 12-07 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/ surfnet/professional svcs 50 to 100 12-07 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/ surfnet/professional Svcs 50 to 100 12-07 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Eric Charlonne, Public Works 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional Svcs 50 to 100 12-07 7 of 11 TO CONSULTANT: Integrity Environmental Consultants, Inc. Attn: Massoud Randari 130 Vantis, Suite 130 Aliso Viejo, Ca 92656 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/professional svcs 50 to 100 12-07 8 of 11 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfnet/professional Svcs 50 to 100 12-07 9 of 11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials /"9/ 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that agree/ surfnet/professional Svcs 50 to 100 12-07 10 of 11 that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. _ 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, INTEGRITY ENVIRONMENTAL CONSULTANTS, INC. COMPANY NAME By: print name ITS: (circle one) Chairma residen ice President AND By: eo'— print name_ ITS: (circle one) SecretaryCChief Financ�Officersst. Secretary — Treasurer agree/ swfnet/professional Svcs 50 to 100 12-07 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corp/ration of the State of California / /I Administrator INITIATED AND APPROVED: U �i-" Director/C-hie&f APROVED AS TO FORM: City Attorney Date EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide environmental inspection and testing services on an "as needed" basis for projects to be determined during the term of the contract, including federally funded projects under the Community Development Block Grant program and projects funded by other agencies. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT shall provide the City with reasonable, customary and accurate environmental consulting and monitoring services. The primary scope of environmental services shall be asbestos. The secondary scope shall be any other unspecified class of environmental issues that may arise during the term of the contract. 1. CONSULTANT's duties and responsibilities shall include but is not be limited to the following: • Provide all labor, supervision, hygienist, technicians, tools, equipment, material, services, documentation, reports, insurance, permits and other work -related items. • Ensure that the abatement contractor complies with all Environmental Protection Agency, Occupational Safety and Health Administration, and all other Federal, State, or local regulatory agency's regulations and procedures and specifications. • In the event of a conflict between the Environmental Protection Agency, Occupational • Safety and Health Administration regulations and procedures, the most stringent procedures shall prevail. • Is NOT affiliated or has formed a partnership/joint venture with any abatement contractor awarded a contract with the Department of General Services. • Must provide certified payroll, support documents, and other related information upon request. • Must be available 24 hours per day, 7 days per week. • Shall provide a 24-hour emergency contact person either with a pager or cell telephone number. • Provide written line item proposals for all work prior to work being performed. In an emergency situation, vendor may proceed with "verbal proposal" and the written proposal shall follow by the next business day. 2. CITY shall pay CONSULTANT four (4) hours minimum on "emergency call outs" and make payment upon receipt and acceptance of completed Close Out documents. Written notification of acceptance of the close out documents will be sent to the CONSULTANT within 5 work days by City representative. The City will make payment based on information in close out documents that match the invoice. jmp/contracts group/exA/4/23/09 1 of 4 EXHIBIT "A" 3. Work shall be scheduled during normal City working hours (7a.m. to 4p.m.), five days per week excluding Saturdays, Sundays and Holidays, unless so instructed or agreed to by the City prior to start of work. City Holidays, as follows: New Years Day, M.L. King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day. Overtime (time and one-half) will only apply (as per the California Labor Code Section 1810, 181 1 and 1813) for an employee's work that exceeds eight hours in one calendar day or 40 hours in one calendar week. Contractor shall notify the project manager of requests for overtime prior to working employees at premium rates. The vendor must make reasonable efforts to schedule employees to avoid overtime on projects. 4. CONSULTANT shall provide all reports, documentation, and paperwork needed for the completion of each monitoring abatement project. 5. CITY requires that within 21 calendar days after conclusion of each abatement project, CONSULTANT will supply to the City's project manager all reports and invoices for processing. Payment packages for each job are processed only after documentation is received and approved for both the abatement and the environmental monitoring contractor. 6. All contracts and employee certifications and accreditation covered by this agreement must be kept current and in force during the entire term of the agreement. Failure to do so will result in immediate termination for cause. All such certifications and accreditations must be sent to the City with 30 days of their being renewed. ASBESTOS AND LEAD MANAGEMENT 1. Air Sampling and Air Sample Analysis CONSULTANT shall conduct air sampling before, during, and after any abatement project. Air samples are to be collected within the abatement area and also in any potentially hazardous areas outside of the work area. Sampling and analytical methods for the air samples will be in strict accordance with EPA Rule 40 CFR Part 763 final rule, "Asbestos -Containing Materials in Schools". Copies of current South Coast Air Quality Management District (SCAQMD) permits for HEPA filters must be kept on site with air sampling equipment available for inspection by City staff or inspectors form the SCAQMD or Cal -OSHA. The City reserves the right to specify the number of air samples taken for any given project. 2. Environmental Risk Assessment Contractor is responsible for recommending corrective actions for unacceptable building and/or work conditions involving ACM. Contractor will be expected to collect and analyze all required data to develop or interpret existing data for environmental exposure/risk assessments for the identified ACM. Data is to include a description of the location, the area's physical characteristics, condition of the material, extent of coverage and/or presence and accessibility, jmp/contracts group/exV4/23/09 2 of 4 EXHIBIT "A" circulation data, employee/occupant numbers, activity levels and duration. If exceptionally hazardous exposure conditions exist, air sampling is to be performed and the integration of this information into the environmental exposure/risk assessment data will form the basis for the development of exposure evaluations. Risk assessment reports must be sent to the City's Project Manager for evaluation and final determination prior to commencement of abatement projects. The City reserves the right to specify the number and position of monitoring company employees used on any given project. 3. Abatement Specifications CONSULTANT collect and review all available survey data and building construction and abatement specifications to verify the type, location and extent of identified ACM. Contractor will also determine and/or document any required procedures and methodologies for removal and/or repair of existing abatement specifications, where applicable, to include health and safety protocols (EPA, NIOSH/OSHA), disposal, air monitoring, and worker training requirements at a minimum. LABORATORY AND PERSONNEL QUALIFICATIONS 1. Certifications and Accreditation - CONSULTANT shall provide proof of compliance for all items listed below: ♦ Participation in National Institute for Occupational Safety and Health's (NIOSH) ♦ Proficiency Analytical Testing Program (PAT) for airborne sample analysis using Phase Contrast Microscopy (PCM). ♦ Participation in AIHA and ELPAT. ♦ Participation in NISTs NVLAP for airborne sample analysis using Transmission Electron Microscopy (TEM). ♦ Accreditation by Sate of California Department of Health Services (DOHS). 2. Laboratory Quality Assurance — CONSULTANT shall submit proof of compliance for all items listed below: ♦ Effective participation in NIOSH Proficiency Analytical Testing (PAT) rounds. ♦ Implementation of NVLAP's QA/UC requirements for airborne (TEM) samples analysis. ♦ Explanation (include copy) of supervised laboratory quality assurance program currently in effect for PCM and TEM sample analysis. ♦ Effective participation in proficiency testing for lead analysis. Analytical Methods ♦ Airborne asbestos samples analysis utilizing Phase Contrast Microscopy (PCM) must be performed by industry standards. ♦ Final clearance airborne asbestos samples analysis (when specifically requested) must be performed in strict accordance with the EPA rule, CFR 40 Part 763, "Asbestos- ♦ Containing Materials in Schools; Final Rule and Notice," Appendix A to Subpart E- Interim Transmission Electron Microscopy Analytical Methods -Mandatory and Non Mandatory and Mandatory Section to Determine Completion of Response Actions. jmp/contracts group/cxAA/23/09 3 of 4 EXHIBIT "A" C. CITY'S DUTIES AND RESPONSIBILITIES: CITY shall furnish a scope of work request for each project assigned. D. WORD PROGRAMIPROJECT SCHEDULE: A start date for each project shall be agreed upon by the abatement Contractor, the air monitoring Contractor, and the City while it is the responsibility of the abatement contractor to comply with the South Coast Air Quality management District's (SCAQMD's) 10-day notification Rule 1403 "Asbestos Demolition Renovation" the air monitoring Contractor is responsible for the verification of all existing conditions prior to the start of actual work. The Contractor must coordinate job starts with each department's Asbestos Abatement Project Manager, who in turn, will schedule a pre job meeting between the abatement Contractor, air monitoring Contractor, and the Industrial Hygienist. Any changes to the scope of work must be authorized by the City Project Manager. Changes that result in a cost increase of 10 percent or more above the originally -accepted, not -to -exceed bid amount may be re -walked and re -bid by all interested contractors. Final authority for all safety -related questions is with the City's Industrial Hygienist. Likewise, for all other aspects of abatement jobs, air monitoring, sampling, set-up and take- down, disposal, number and level of personnel on or at the job, cost disputes, etc., the City Public Works Project Manager is the final authority. The Contractor shall cooperate with city inspectors, city authorized representatives, building occupants, and other contractors who may be working on the job site in order to properly complete the project. Work shall be scheduled during normal City working hours (7a.m. to 4p.m.), five days per week excluding Saturdays, Sundays and holidays, unless agreed to by the City prior to start of work. The City's Public Works Project Manager will coordinate work hours and procedures with other City contractors working in the same or adjacent areas. jmp/contracts group/exV4/23/09 4 of 4 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payments in accordance to the fixed fee schedule below: See Exhibit B. l — Proposed Hourly Fee Schedule Total fees shall not exceed Ninety Eight Thousand Dollars ($98,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). Unless otherwise agreed to by the City's Project Manager and CONSULTANT prior to or at the beginning of a project, partial or progress payments will not be made. Delays or work stoppages of any kind shall not increase the cost of CONSULTANT's work through increased work hours or any other cause. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the imp/contracts group/exB-1/4/23/09 information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/4/23/09 2 EXHIBIT B.1 INTEGRITY ENVIRONMENTAL FEE SCHEDULE HAZARDOUS MATERIALS INSPECTION AND TESTING SERVICES FOR CAPITAL. IMPROVEMENT PROJECTS CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORDS — ENGINEERING DIVISION The following are our hourly labor rates: 1. Lead monitoring, full day rate per person (8-hour shift) plus four (4) lead samples, laboratory analysis (normal turn -around), equipment materials, travel time, expenses, and final report included: $71.88/hour 2. Asbestos air monitoring, full day rate per person (8-hour shift) plus six (6) PCM samples, laboratory analysis (normal turn around), equipment, materials, travel time, mileage, expenses, and final report included: $61.25/hour 3. On -site building inspection per person (8-hour shift) for asbestos excluding sampling cost per site: $75/hour 4. Rate per hour for industrial hygienist exceeding (8-hour limit): a. From hours 8.01 to 12.00 at $75/hour b. From hours 12.01 to 15.59 at $100/hour The following are laboratory services rates: 1. Lead air, paint, dust, soil per sample, normal turn around: $6 2. Lead in air, paint, dust, soil per sample, rush same -day turn around: $17 3. Phase contrast microscopy (PCM), per sample, normal turn around: $6 4. Phase contrast microscopy (PCM), per sample, rush same -day turn around: $11 5. Polarized light microscopy (PLM), per sample, normal turn around: $6 The rates for the following personnel and services: 1. Project Manger: $95/hour 2. Administrative Assistant: $35/hour 3. Field Technician: $50/hour 4. Certified Lead Inspector: $60/hour 5. Certified Industrial Hygienist: $120/hour 6. Travel Time: $0/hour 7. Mileage: $0/mile 8. Other Personnel, services or testing, or fees applicable to your services (mold or other materials) : Actual Cost +15 % �v'��ttrs� efn —yewxi P.P ut i ( •- S i i '- 4 i c1 �. ''�` DATE(MMIDDNYYY) #CDRD, CERTIFICATE OF LIABILITY INSURANCE 1 225/2009 PRO UCER TH S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I U INS . SERV . -BC ENV .BROKERAGE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1037 SUNCAST LANE, SUITE 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EL DORADO HILLS, CA 95762 \7.101 7J7-1VOV INSURED INTEGRITY ENVIRONMENTAL CONSULTANTS INC. 95 ARGONAUT, SUITE 210 ALISO VIEJO, CA 92656 INSURERS AFFORDING COVERAGE NAIC# INSURER A: ENDURANCE AMERICAN SPEC. INS . 4171 INSURER B: SAFECO INSURANCE 2474 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS. NSR LTR DO'L NSRD I'YI OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE MMlDD POLICYEXPIUT—ION DATE MMIDDN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 PREMISES Eaoccurence $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X l OCCUR IVIED EXP (Any one person) $ 51000 PERSONAL aADVINJURY $ 2,000,000 A ECC101005798-00 02/24/09 02/24/10 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIES PER: PRODUCTS -COMPIOPAGG $ 2 00Q O 0 PRO LOC X POLICY JE AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccident) $ A HIRED AUTOS NON-OWNEDAUTOS ECC101005798-00 INCLUDED IN GL 02/24/09 02/24/10 X PROPERTY DAMAGE (Paraccident) $ GARAGE LIABILITY AUTO ONLY-E.AACCIDENT $ OTHERTHAN EAACC AUTOONLY: AGG $ ANYAUTO $ EXCESS/UMBRELLA LIABILITY® OCCUR ❑ CLAIMSMAOE ! y� /th�yy q y IFER C4JAi CAIi p ( r1 /4 ey ` / 3 �` / 07 J (( EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WCSTA' i' - H- 7 Y IMI' F E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOPJPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1(yes,describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 $ A OTHER PROF & CPL ECC101005798-00 02 24 09 02 24 10 $1,000,000 OCCURRENCE INC.IN G/L ABOVE PL RETRO 2/24/02 $2,000,000 AGGREGATE B PROPERTY/EQUIPMT 25CC25385610 11/24/08 11/24/09 SPECIAL FORM DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: BID # 2006-00026 CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES HAVE BEEN NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE GENERAL LIABILITY. (BLANKET ENDORSEMENT ATTACHED) CITY OF HUNTINGTON BEACH P.O. BOX 190 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD25(2001108) ©ACORD CORPORATION 1988 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 5/4/2009 2. Contract Number: GC-4386 /4Gt%?©'10� � 3. Department: Public Works 4. Requested by: Duane D. Wentworth 5. Name of consultant: Integrity Environmental, Inc. 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. Yes 7. Amount of the contract: $98,000 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: Funded by specific projects as needed 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 13. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). Inter -Agency Agreement with City of Los Angeles (Attached) 16. Attach proposed scope of work. See Exhibit "A" 17. Attach proposed payment schedule. See Exhibit "A Department Head Signature IFB# 0824200600 DATE: October 22, 2006 TO: ALL PROSPECTIVE BIDDERS INVITATION FOR BID FOR MONITORING SERVICES FOR ASBESTOS, LEAD PAINT AND MOLD ABATEMENT The City of Los Angeles, Department of General Services (GSD) is soliciting bids from experienced contractors interested in providing monitoring services for Asbestos, Lead Paint and Mold Abatement. Background — GSD is authorized to provide new construction services through City and/or hiring hall forces, and to let contracts for specialty work that these forces cannot perform, for projects that GSD is selected to act as general contractor by the Board of Public Works, the Board of Recreation and Park Commissioners, or the Board of Library Commissioners with all contracts for such specialty work to be let in compliance with applicable City competitive bidding and contracting requirements (City Ordinance 176359). This contract will be used to support GSD's Construction Forces Division (CFD) in work involving waste management on an as needed basis. CFD will function as the Prime (or General) Contractor for projects undertaken under this contract. As used throughout these bid documents, "Contractor" shall mean a contractor with a direct contract with CFD, whereas 'Subcontractor" shall mean a contractor who contracts directly with the Contractor to perform some part of the work of a given project undertaken under this contract. Subcontractors have no direct contract with CFD related to said project. All Subcontractors need to perform their work in compliance with the information contained in this bid. Nature - CFD expects to pre -qualify up to five bidders. Once the contracts have been executed the vendors will be contacted when the City requires asbestos, lead paint and mold abatement work. Pre - qualified bidders will provide competitive bids on speck one-time projects that occur during the term of this contract. A pre -qualified bidder is not guaranteed monitoring services for asbestos, lead paint and mold abatement work during the term of the contract. Projects will be awarded based on the lowest responsive and responsible bid complying with the specifications for each project specified. Scope — Contractor(s) will be required to, but are not limited to: • Provide all labor, supervision, hygienist, technicians, tools, equipment, materials, services, documentation, reports, insurance, permits, and other work -related items • Comply with all Environmental Protection Agency, Occupational Safety and Health Administration, and all other Federal, State, or local regulatory agency's regulations and procedures. • Is NOT affiliated or has formed a partnership/joint venture with any abatement contractors awarded a contract with the Department of General Services. • Must provide certified payroll, support documents, and other related information upon request; must be available 24 hours a day, 7 days a -week; shall provide a 24-hour emergency contact person with either a pager or cell telephone number. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 2 - integrity ENViRONHENTAL Integrity Environmental Consultants, Inc. 95 Argonaut, suite 210 Aliso Viejo, California 92656 Contact Person: Massoud Randarl u 95 S�:u 270 Allro . G.gf.raaie 92559 u I'M"s.tst• fa 948.58B.5822 ® prla W e. ncyegO peps va gM9w1lVawlrawm 1.GoM IFB# 0824200600 • Provide written line item proposals for all work prior to work being performed. In an emergency situation vendor may proceed with "verbal proposal" and the written proposal shall follow shall follow by the next business day. • Vendor is responsible for all reports, documentation, and paperwork needed for the completion of each abatement project. • Provide lab analysis report(s) of asbestos, lead, molds, and other hazardous environmental materials. Work shall meet or exceed all required federal, state and local codes and regulatory standards. Schedule — A schedule will be provided for eadh project. Project activities will be coordinated with CFD. CFD will be present at project sites to coordinate any work in conjunction with other trades. Other agencies — Contractors will be required to comply with federal, state and local inspectors, project engineers, compliance officers and other agencies as required to complete each and every project to the City's satisfaction and approval. To avoid delays in processing your bid please label on the outside of the envelope the name and IFB number of the bid. All bids must be hand or courier delivered no later than the Bid Due Date listed below to the following address: City of Los Angeles Department of General Services Construction Forces Division ATTN: CONTRACT PROCESSOR City Hall South 111 East First Street, Room 610 Los Angeles, CA 90012 be Thursday. January 19, 2007 at 1:00 p.m. All bids submitted will be time stamped with the time and date. Timely submission of bids is the sole responsibility of the bidder. All bids received after 1:00 . p.m. on the Bid Due Date will be returned. CFD reserves the right to determine the timeliness of all applications submitted. CFD reserves the right to reject all bids. The bidder must submit at least two (2) complete originals with wet signatures of their bid by the Bid Due Date. If the bidder wishes to receive an original copy of their bid, should it be successful, they must submit an additional original copy (making a total of three original copies), otherwise successful bidders will receive a photocopy. Unsuccessful proposals will not be returned. " Please Note: If only one (1) original proposal with wet signatures is submitted with photocopies as a substitute for an original with wet signatures the bid may be considered unresponsive and therefore disqualified. Bid results will be posted at the end of the bidding process. You may review a copy of the bid results at the above address. For questions concerning this bid you may contact: Marie W. de Vera, Contract Administrator (213) 485-3779 Made.deVera@lacity.org Shane Avilez, Contract Processor or (213) 485-3748 'Shane.Avilez@lacity.org IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, lead Paint and Mold Abatement Page 3 IFB# 0824200600 CITY OF LOS ANGELES INVITATION FOR BID (IFB) TABLE OF CONTENTS PAGE Invitation for Bid Letter................................................................................................... 2 Tableof Contents......................................................................................................... 4 Instructionsto Bidders.................................................................................................... 6 Notice to Bidder: Important Information.............................................................................. 7 Scheduleof Work and Prices.......................................................................................... 10 Signature and Affidavit Page........................................................................................... 12 Contractor Government Project Reference Sheet................................................................ 13 Specification for Environmental Monitoring / Consulting Services ........................................... 16 Standard Provisions for City Contracts.............................................................................. 25 Service Contractor Retention Worker Ordinance................................................................. 38 Subcontractor's Declaration of Compliance ......... :.............................................................. 52 Service Contractor Retention- Worker Ordinance- Application for Non -Coverage or Exemption..... 53 Certification Form for Americans With Disabilities Act .......................................................... 54 Contractor Code of Conduct............................................................................................ 55 Notice to Prospective Contractors Pertaining to Non -Discrimination in Employment and Living WageRates....................................................................................................... 57 Equal Benefits Ordinance No. 175115.............................................................................. 58 Equal Benefits Ordinance Compliance Form...................................................................... 63 Documentation to Verify Compliance with the Equal Benefits Ordinance .................................. 65 Instruction for Completing Equal Benefits Ordinance Forms ................................................... 66 Reasonable Measures — Application for Reasonable Measures Determination .......................... 67 Provisional Compliance — Application for Provisional Compliance with Equal Benefits Ordinance.. 68 Reporting Requirements After Award of a Contract.............................................................. 70 Monthly Ethnic Composition of Work Force (ECWF) Report ................................................... 71 Instructions for Completing Monthly Ethnic Composition of Work Force Report .......................... 72 Non -Discrimination ® Equal Employment • Affirmative Action Construction & Non -Construction Contractors (Vendors, Suppliers, Consultants) ............... 73 Total Composition of Work Force.................................................................................... 74 Equal Employment Practices Provisions Construction Contracts in Excess of $1,000 or More but less Than $5,000 and Non -Construction Contracts of $1,000 or More but less Than$100,000................................................................................. 75 Affirmative Action Program Provisions for Construction Contracts of $100,000 or More ............... 76 Los Angeles City Affirmative Action Mandatory Provisions.................................................... 77 Pledge of Compliance with Contractor Responsibility Ordinance ............................................ 80 Pledge of Compliance with Contractor Responsibility Ordinance Form .................................... 81 Responsibility Questionnaire.......................................................................................... 82 Security Guard Services................................................................................................ 92 Slavery Disclosure Ordinance 175346.............................................................................. 93 Slavery Disclosure Ordinance Affidavit.............................................................................. 97 Minority/Women Business Enterprise and Other Business Outreach Program ........................... 98 Schedule "A"- List of Potentlal MBE/WBE/OBE Subcontractors................................................ 109 Schedule "B" Task Work Order List of Subcontractors........................................................... 110 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 4 IFB# 0824200600 CITY OF LOS ANGELES INVITATION FOR BID `IFB) TABLE OF CONTENTS CONTINUED Schedule "C" Final Subcontracting Report .......................................................................... i l l Bid Specification Summary ...................................................................................... Section 11 General Conditions.......................................................... ........... ............................... I.. Section III General Requirements................................................................................................... Section IV IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 5 IFB# 0824200600 CITY OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES CONSTRUCTION FORCES DIVISION INSTRUCTIONS TO BIDDERS FOR: MONITORING SERVICES FOR ASBESTOS, LEAD PAINT, AND MOLDABATEMENT VARIOUS WORK ORDER NUMBERS ESTIMATED TOTAL: $1 MILLION DOLLARS BIDS MUST BE RECEIVED BEFORE 1:00 P.M. ON THE BID DUE DATE AT CITY HALL SOUTH, I I I EAST FIRST STREET, ROOM 610, LOS ANGELES, CALIFORNIA 90012. [NOTE: BIDS RECEIVED AT ANY OTHER LOCATION WILL BE DEEMED NON -RESPONSIVE AND RETURNED TO THE BIDDER UNOPENED.] MINIMUM LICENSE REQUIREMENTS: • Your company must have a Certified Asbestos Consultant certified by "The American Industrial Hygiene Association", a California Site Surveillance Technician, a Lead Project Monitor and a Lead Risk Assessor working directly under a Certified Asbestos Consultant to perform the monitoring and documentation of work. IMPORTANT INFORMATION PRE -BID CONFERENCE A pre -bid conference for this Project will be conducted on Thursday, November 30, 2006 at 1:30 PM at Piper Technical Center, 555 Ramirez St., Space 150C, Los Angeles, California 90012 in the conference room. The purpose of this pre -bid conference is to inform prospective bidders of the submittal requirements and provisions relative to GSD's "Minority/Women Business Enterprise and Other Business Outreach Program," City Affirmative Action Program and Labor Code compliance requirements. The bidder's attendance at this meeting Is mandatory. To R.S.V.P. for this pre -bid conference, please contact the Contract Processor, Shane Avilez either via email at Shane.Avilez@lacitv.orq or by phone at (213) 485-3748 The Department of General Services, General Manager may award a contract at any time within 3 months after receipt of bids. THE BID OF ANY PARTY WHO HAS BEEN DELINQUENT OR UNFAITHFUL IN THE PERFORMANCE OF ANY FORMER CONTRACT WITH THE CITY MAY BE REJECTED. THIS INVITATION FOR BID, THE GENERAL CONDITIONS, -GENERAL REQUIREMENT'S, BID SPECIFICATION SUMMARY AND ANY AND ALL RELATED ADDENDA MUST BE SUBMITTED TOGETHER AS YOUR BID. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 6 IFB# 0824200600 NOTICE TO BIDDER: IMPORTANT INFORMATION INSTRUCTIONS FOR BIDDER'S CHECK LIST (PAGES 7 TO 9) Before submitting your bid, indicate whether you have properly completed, signed and returned the following with your bid. Failure to do so may cause your bid to PLEASE HAND INITIAL EACH be declared non -responsive and rejected. ITEM BELOW WHEREVER A SPACE IS 1. GENERAL INFORMATION PROVIDED CFD will receive for, and on behalf of, the General Manager of the Department of General Services at I 1 I East First Street Room 610, Los Angeles, CA 90012, at or before I P.M. on the Bid Due Date, sealed bids for Monitorine Services for Asbestos. Lead Paint and- Mold Abatement Services. 2. BID Bids must be made on the fortes provided for the purpose and must be submitted in a sealed envelope addressed to the Department of General Services, Construction Forces Division, Attn: Contract Processor, City Hall South, I I 1 East First Street, Room 610, Los Angeles, CA 90012 and marked "Monitoring Services for Asbestos, Lead Paint and Mold Abatement Services." The bidder must further conform to the requirements of these instructions. The bidder must state, in figures,, ttte.unit price o f . each line item; Blank spaces in the bid must be properly filled in, and the phraseology thereof must not be changed. Additions must not be made to the items mentioned therein. Any unauthorized conditions, limitations or.provisions attached to a bid may cause_ its rejection; Alterations by erasure or interlineations must be explained or noted in the bid over the signature of the bidder. No telegraphic bid or telegraphic modification of a bid will be considered. No late bids will be considered. If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given; if it is made by a co -partnership, it must be signed with the co -partnership name by a member of the firm, and the name and full address of each member must be given; if it is made by a corporation, it must be signed as follows and the corporate seal must be attached to such signatures: (a) Two signatures, one by the Chairman of Board of Directors, President or any Vice President and one by the Secretary, Assistant Secretary, Chief Financial Officer or any Assistant Treasurer; or (b) One signature by Corporate Designated Individual together with. the properly attested resolution of the Board -of Directors authorizing -pp person to. sign. Bidders are invited to be present at the opening of bids. The bidder shall affix to his bid the number of his license procured under the provisions of Article 5, Chapter 9, Division III of the Business and Professions Code of the State of Cal ifornia. All work must be done in strict conformity to all specifications. Copies of the specifications will be furnished free to prospective bidders upon application to the Contract Administrator. (a) Is a bid submitted on all items?..................................................................................... W Initial (b) Is the bid completed exclusively in ink (or typewritten)?....................................................... r40 - Initial (c) Is the bid properly signed and dated (as noted on the bottom of page 9)?.... ............................... rM� Initial (d) Have prices, addition, bid amount and any deductive alternatives been double-checked? ................ M0 initial 3. RIGHT TO REJECT BIDS CFD reserves the right to reject any and all bids and to waive any informality therein. 4. EXAMINATION OF SITE Bidders may examine and judge for themselves the location, physical condition of the site 5. RELEASE FROM BID No bidder will be released on account of errors in judgment, carelessness or lack of familiarity with any plans, specifications or site.. A bidder may be released on accotint of clerical errors, if he/she gives CFD written notice within five days of the bid opening and satisfies CFD that the mistake was made in filling out the bid, not in judgment. 6. AFFIDAVIT OF NON -COLLUSION IMPORTANT, INNS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 7 IFB# 0824200600 Each bid must have therein or attached thereto the notarized affidavit of the bidder that such bid is genuine, and not sham or collusive, or made in the interest, or on 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, film or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for himself/herself an advantage over any other bidder. Any bid not accompanied by, or which is made without, such an affidavit, or is in violation thereof, will not be considered. If the bidder is a corporation, said affidavit shall be signed by a duly authorized officer of the corporation. Any bidder making a false affidavit may be excluded from future bidding. (a) is Affidavit (Page 12) properly filled in and signed?.......................................................JAC![nitial (b) is Affidavit notarized, notary -sealed, and does it include a certificate of the notary?..................mpJ Initial 7. ADDITIONAL SURETIES If, at any time during the continuance of the contract, the sureties, or any of them, shall, in the opinion of CFD become irresponsible, the Department of General Services, General Manager shall have the right to require additional and sufficient sureties, which the Contractor shall furnish to the satisfaction of the Contract Administrator within ten days after notice, and in default thereof the contract may be suspended by the Department of General Services, General Manager and the work completed as provided in the specifications. 8. MINORITY/WOMEN BUSINESS ENTERPRISE QUESTIONNAIRE AND DOCUMENTATION (Pages 98-111) Has the bidder reviewed the- requirements pertaining to the "Subcontractor Outreach Program," completed Schedule A (page 109) listing all intended subcontractors during the term of the contract, and included all necessary documentation as described thereinwith the bid?............................................................................................................. M Initial 9. CONTRACTOR GOVERNMENTAL PROJECT REFERENCE SHEET (Pages 13-15) If the bidder has not been awarded a project with CFD within the last three (3) years, are the above required pages Fomplete and included with the bid? 10. NOTICE TO PROSPECTIVE CONTRACTORS PERTAINING TO NONDISCRIMINATION IN EMPLOYMENT Has the bidder reviewed the requirements pertaining to discrimination in employment of page 57 and completed a d signed atthe bottom?.................................................................................................................... MO Initial 11. LIVING WAGE RATES Has the bidder reviewed the requirements pertaining to the payment of living wage rate on page 57?...... .._Initial 12, REPORTING REQUIREMENTS AFTER AWARD OF CONTRACT Has the bidder read and signed page 70 and included the "Reporting Requirements after Award of a Contract" (Page 70-71) concerning submission of "Monthly Ethnic Composition of Work Force" report forms? ............................ I�Initial 13, EQUAL BENEFITS ORDINANCE Has the bidder read the "Equal Benefits Ordinance" (Pages 58-66)?...................................................... 41nitial 14. AFFIRMATIVE ACTION AND NON-DISCRIMINATION PROGRAMS MUST BE SUBMITTED WITH BID/EQUAL EMPLOYMENT PRACTICES (a) Has the bidder read pages 75 through 77?................................................................... Initial (b) Has the bidder completed "Nondiscrimination • Equal Employment Practices * Affirmative Action' (Page 73), "Total Composition of Work Force" (Page 74), "Equal Employment Practices" (Page 75), signed page 79 an enclosed said pages with the bid?.................................................................................... M Initial (c) NOTE: On the "Total Composition of Work Force Report" (page 74), bidders who have no employees al the present time MUST write "NO EMPLOYEES AT THIS TIME" across the form .......................... _. TA V Initial 15. CONTRACTOR RESPONSIBILITY QUESTIONNAIRE DOCUMENTATION (Pages 82-91) Has the bidder reviewed and submitted the "Contractor Responsibility Questionnaire"? ............................. M Initial 16. SLAVERY DISCLOSURE ORDINANCE (Pages 93-97) . -.�j Has the bidder reviewed and submitted the "Slavery Disclosure Ordinance"?.........................................� Initial 17, GENERAL CONDITIONS Has the bidder, including those who have previously bid or been awarded a contract with CFD, become familiarized with any updated revisions of the Instructions to Bidders herein and revised General Conditions? .........................— IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 8 IFB# 0824200600 Each bid must have therein or attached thereto the notarized affidavit of the bidder that such bid is genuine, and not sham or collusive, or made in the interest, or on 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/herself an advantage over any other bidder. Any bid not accompanied by, or which is made without, such an affidavit, or is in violation thereof, will not be considered. If the bidder is a corporation, said affidavit shall be signed by a duiy authorized officer of the corporation. Any bidder making a false affidavit may be excluded from future bidding. (a) Is Affidavit (Page 12) properly filled in and signed?....................................................... Initial (b) Is Affidavit notarized, notary -sealed, and does,it include a certificate of the notary? ................... Initial 7. ADDITIONAL SURETIES If, at any time during the continuance of the contract, the sureties, or any of them, shall, in the opinion of CFD become irresponsible, the Department of General Services, General Manager shall have the right to require additional and sufficient sureties, which the Contractor shall furnish to the satisfaction of the Contract Administrator within ten days after notice, and in default thereof the contract may be suspended by the Department of General Services, General Manager and the work completed as provided in the specifications. 8. MINORITYIWOMEN BUSINESS ENTERPRISE QUESTIONNAIRE AND DOCUMENTATION (Pages 98-1 11) Has the bidder reviewed the requirements pertaining to the "Subcontractor Outreach Program," completed Schedule A (page 109) list►ng all intended subcontractors during the term of the contract, and included all necessary documentation as described thereinwith the bid?............................................................................................................. M4 Initial 9, CONTRACTOR GOVERNMENTAL PROJECT REFERENCE SHEET (Pages 13-15) If the bidder has not been awarded a project with CFD within the last three (3) years, are the above required pages cVmplete and included with the bid?... r�i_lnitial 10. NOTICE TO PROSPECTIVE CONTRACTORS PERTAINING TO NONDISCRIMINATION IN EMPLOYMENT Has the bidder reviewed the requirements pertaining to discrimination in employment of page 57 and completed and signed atthe bottom?................................................................................................................... TAO Initial 11. LIVING WAGE RATES Has the bidder reviewed the requirements pertaining to the payment of living wage rate on page 57?........ _Initial 12. REPORTING REQUIREMENTS AFTER AWARD OF CONTRACT Has the bidder read and signed page 70 and included the "Reporting Requirements after Award of a Contract" (Page 70-71) concerning submission of"Monthly Ethnic Composition of Work Force" report forms? ............................ Initial 13. EQUAL BENEFITS ORDINANCE Has the bidder read the "Equal Benefits Ordinance" (Pages 58-66)?................................................... Initial 14, AFFIRMATIVE ACTION AND NON-DISCRIMINATION PROGRAMS MUST BE SUBMITTED WITH BIDJEQUAL EMPLOYMENT PRACTICES (a) Has the bidder read pages 75 through 77?..................................................................._Initial (b) Has the bidder completed "Nondiscrimination ® Equal Employment Practices ® Affirmative Action" (Page 73), "Total Composition of Work Force" (Page 74), `Equal Employment Practices" (Page 75), signed page 79 and enclosed said pages with the bid?. ....................................................................................Initial (c) NOTE: On the "Total Composition of Work Force Report" (page 74), bidders who have no employees at the present time MUST write "NO EMPLOYEES AT THIS TIME" across the form .......................... tit Initial 15. CONTRACTOR RESPONSIBILITY QUESTIONNAIRE DOCUMENTATION (Pages 82-91) Has the bidder reviewed and submitted the "Contractor Responsibility Questionnaire"? ............................. eJ Initial 16. SLAVERY DISCLOSURE ORDINANCE (Pages 93-97) Etas the bidder reviewed and submitted the "Slavery Disclosure Ordinance"? ......................................... VJ initial 17. GENERAL CONDITIONS Has the bidder, including those who have previously bid or been awarded a contract with CFD, become familiarized with any updated revisions of the Instructions to Bidders herein and revised General Conditions? .......................... Mi Initial IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 8 IFB# 0824200600 18. CONTRACTOR'S LICENSE AND CLASSIFICATION "JOINT VENTURE LICENSE REQUIREMENT NOTICE" — The State Contractors' License Board has informed the Department of General Services that a "Joint Venture Contractor's License" on this project (if applicable), is available and issued over the counter at the locations listed below: Rosemead Regional Office 8855 Valley Blvd., Suite 221 Rosemead, California 91770 (213)620-4180 Santa Ana Southern Office 28 Civic Center Plaza, Room 690 Santa Ana, California 92701 (714)558-4086 (a) Are the bidder's contractor's license number, expiration date, and classifications listed below?.... tJ Initial (b) Is the bidder using the correct contractor's license for the firm bidding? ................................. Initial (c) Will the bidder have the proper, current and approved license classification as specified on the front of the bid specifications at the time the bid is submitted? .......... .......................... ................................ Initial (d) If a "joint venture," does the bidder have a current joint venture license? ............................... Initial 19. SUBCONTRACTING All work subcontracted shall be directly related to the performance of work specified in the Bid Specification Summary. .......... .................................................................................... ... .... . ............. I................. M Initial 20. CONTRACT The bidder to whom the award is made will be required to execute a written contract with the City, fumish goods and services as herein specified and furnish proof of adequate insurance coverage within ten days after the contract and bid forms are delivered to him. The following documents are essential parts of the complete contract: The Notice Inviting Bids, Instructions to Bidders and Specifications, and, if any, the plans for the work, all of which documents are on file in the CFD office. 21. NAME OF CONTRACTOR =N"lS406t' r FaNdltz� n►MFs calla 1--i'BaNT�, 11�a 22. CONTRACTOR'S ADDRESS 5.rt TPA M.1 O STREET 9 r2 CITY_ All: ; -0 STATE cam. ZIP CODE S.Lfg_1_ 23. CONTRACTOR'S LICENSE NUMBER a!(J� EXPIRATION DATE 24, LICENSE CLASSIFICATIONS ¢[!� 25. CONTRACTOR'S TELEPHONE NUMBER 26. BIDDER'S CHECKLIST (a) Are all llpertinent sections of the "Bidder's Check List" completed, signed and initialed? .............. _OjJ Initial BY: (Signature) rl ,,... Date 2. _13­e7 PRINT NAME: TITLE OR POSITION: �ZI`Nci�.i INDICATE WHERE YOU READ THE "NOTICE INVITING BIDS" FOR THIS INVITATION FOR BID (IFB): bV�.' NoTi�+•i3.1, Vim �/MG?ieAA.'l�g, �.1VT �v t,,,�St,'�c� .� G�+� IMPORTANT: THIS DOCUMENT.MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 9 1FB# 0824200600 MY OF LOS ANGELES DEPARTMMNT OF GENERAL, SERVICES CONSTRUCTION FORCES DIVISION SCHEDULE OF PRICES NOTE: BIDS MUST BE IN INK OR TYPEWRITTEN. NO BIDS IN PENCIL WILL BE CONSIDERED. LINE ITEMS SHALL BE EXCLUSIVt OF SALES TAX. BIDDER WILL NOT BE RELEASED ON ACCOUNT OF ERRORS. i � "". 'VDE8CFJl M g"' -­. . RiTEM44 X k 5 0, �i 4 i x Labor, Certified Industrial Hyglen Ist; shall have the appropriate experience and certifications to perform occupational and I environmental risk assessments, developing and evaluating project specifications. (The Industrial Hygienist must be CPO 1 -4 Was certified by the 'The American Industrial Hygiene Association*) Quote Hourly Rates: Labor, Division of Occupational Safety and Health (DOSH), Certified Air Monitoring Technician; shall have the appropriate experience and certifications to oversee the on -site asbestos dt cap— 90— 2 abatement contractor monitoring on -site air, performing asbestos building services. Quote Hourly Rates: Labor, EPA Accredited Instructor, In House Trainer; shall have 3 appropriate experience and certifications to perform asbestos, lead and hazardous material training. Quote Hourly Rates: Labor, Department of Health Services (DHS) Certified Lead 4 Project Monitor; shall have appropriate experience and certifications to monitor on -site lead air overseeing contractor performance and collecting lead dust wipes and pre -post abatement wipes. Quote Hourly Rates: Labor, Department of Health Services (DHS) Certified Lead 5 Inspector/Assessor; shall have appropriate experience and certifications to do surveying for lead base paint, performing site risk assessment, collecting lead dust wipes and pre -post abatement wipes. Quote Hourly Rates: Labor, Health and Safety Evaluator; shall have the appropriate 6 experience and certifications to provide occupational and 00 Wr=- do -*log — *165'e—P *(*zoo environmental assessment, evaluations and reports. Quote Hourly Rates: Labor, Project manager; shall have appropriate experience and 7 certifications to review and oversee overall project operations and will accept full responsibilities for project completion. Quote Hourly Rates; Labor, Clerical, Asbestos Report Writing; shall have the 8 experience in writing reports, various software, setting up and scheduling jobs and gathering field data. Quote Hourly Rates: Service, Delivery of Sample(s) to Laboratory; All cost 9 associated with the transportation of test samples, delivery to laboratory, regardless of the number of samples per project. Quote Delivery and Pick -Up of Samples. ...CONTINUED FROM PREVIOUS PAGE... IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BIDPROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 10 IFB# 0824200600 �Y ♦ �{L '1 t`i'� �:t _�.�..,_ •� +N "„i�r sH .'ir�.b�',i., •\' t\N `s''!�'S�. t .};i •q G, w,. s:.. 1y'� ,� �yp i tom• h:1 �: �,.: r~L,'i+'�,'.'t •Y .i11,'Ltti' ',: •L a;, �'-`;��: �' : ,< r�;, =�: ��,;�,��. �.<• ,, : ^,,., :. ., :' ..M,• '.�.� . .,. .. .. , ;1t •';,; lv'1:::!: •1., ::o r. •. .•. n:aL:: ,..' y;�.t... ��>� : •t•Aa�alysls;of�aiittple(sj�Turnaoaiiil�,�Re�utii3• ; . , _ :. .: 1NE; , s���,K.s,id'e}+t`r`:k�':.r.•�x'�D�$t3RllsTfOA1•� ¢�1's. s. ..;;-a:.:�'. e ,:�t;.EiV:�,t' �.z.tL::_.` '<' '� .�i'}: t -,.' CCal-`ti' �} .c.�,_L i a. ;�,�L„�;: t'k, M1`F4 � ` '� 'r't ;iii:}�;tigt.:\�C;, •:,tY, C:. C L •�t.', tt..' ct:'.-ni. `.' ! •,�8,.•rL. r ih:.� .��..` • r � ��4, • t; ,.,,, r�s', �'s'•A' 4t Days 4 }•t,.ti•` tt ,� 1S�'• a..t, •} y�,.,y A a,• � 4,,,;t.;,;•.��..:., • . '�: ' L rt1!t`,T'�YFt�"tl'i++., •:S!7'�ttt rw17. tr."".'.. 'y' ,�Ffours;;: �'Houre••, ' •`Hours;'�L - - ,.�.•� .� 10 Service, Analysis of Asbestos Airborne Sample Analysis for Phase Contrast Microscopy (PCMTAnalysis. 8-'(p--`�5 �98 Quote Turnaround Test Results Rate: 11 Service, Analysis of Asbestos Airbom Sample Analysis for Transmission Electron Microscopy (TEM) Analysis; U 102- 3tor �31� Quote Turnaround Test Results Rate: Service, Analysis of Asbestos Bulk Sample Analysis for Transmission Electron Microscopy Analysis; 12 (TEM) Quote Turnaround Test Results Rate: 13 Service, Analysis for Asbestos Bulk Sample Analysis for Polarized2r. Light Microscopy (PLM) Sample Analysis; o *71L wary--- Z(�o Quote Turnaround Test Results Rate: 44 Service, Sample Analysis Rate for Lead�pes/Alr Samples. 15��'�45' S `& a "" . 3® Quote Turnaround Test Results Rate: 15 Service. Lead Waste Characterization for Total Threshold Limit Concentrations Analysis;.{ (TfLC) $ Quote Turnaround Test Results Rate: 16 Service, Lead Waste Characterization for Soluble Threshold Limit Concentration (STLC) Analysis; }�/� �� *silo $5 Quote Turnaround Test Results Rate: Service, Lead Waste Characterization Leaching Procedure 17 (TCLP) WA. WA. Quote Turnaround Test Results Rate: Service, X-Ray Fluorescence (XRF) Lead Paint Analyzer, portabl 16 instrument. a1Gj� Quote Daily Rate: PAYMENT DISCOUNT TERMS: Payment terms are Net 30 days unless bidder otherwise quotes cash discount terms in the box below, The bidder agrees to offer the City any payment discount terms that are offered to its best customers and apply such discount to payments made that meet the discount terms. Cash discounts offered for payment less than 25 days will not be considered by the City when evaluating bids. All cash discounts shall be taken and computed from the date of delivery or completion and acceptance of the materials and/or service, or from the date of receipt of the invoice, whichever is latest. Partial payments may be made by the City upon receipt 'of the Contractor's invoice. The City reserves the right to withhold payment until a copy of the invoice received from the contractor. Payment Discount offered to the City: ' A % for payment within 3,a days. IMPORTANT: THIS DOCUME T MUST BE SUBMITTED WITH BID PROPOSAL. Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 11 IFB# 0824200600 CITY OF LOS ANGEL ES SIGNATURE AND AFFIDAVIT PAGE 1. COMPLETE CONTRACT This entire bid and every item(s) thereof, shall become a contract upon its acceptance by the General Manager, the Department of General Services, on behalf of the City of Los Angeles. The complete contract shall consist of the Notice of Award, the Notice for Inviting Bids, the entire Invitation for Bid (including specifications) and all Attachments, or any item(s) thereof, this signature and affidavit page, addenda, and, when required, insurance and bonds. A Notice of Award or Notice to Proceed will be furnished to the successful bidder identifying the item(s) to be furnished under the contact. 2. MATERIALS AND SERVICES TO BE PROVIDED BY THE CONTRACTOR The bidder agrees, upon acceptance of this offer by the City, to furnish all the materials and services herein specified according to the terms and conditions as set forth herein. 3. AMOUNT TO BE PAID The City agrees to pay the Contractor for the materials and/or services in the manner described herein or as negotiated and agreed upon for a given project. 4. CHOICE OF ALTERNATIVE PROVISIONS; OPTIONS; NOTIFICATIONS When alternative provisions are requested, or options are offered, the bidder will be notified as to which provision, or option, is being accepted at the same time that he is notified that he is the successful bidder. 5. 'DECLARATION OF NON -COLLUSION That I/we have carefully read and examined the bid and specifications, and have abided by and agree to the conditions herein, and I/we hereby propose to furnish all materials and do all work required in accordance with all plans and specifications, for unit prices or lump sums, as per each project. 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 subcontractor should this contract be awarded to mytour firm. I/We declare that this bid is genuine, and neither sham or collusive, nor made in the interest or on behalf of any person not herein named, and that I/we have not, directly or indirectly, induced or solicited any other bidder(s) to put in a false or sham bid, or any other person, firm or corporation to refrain from bidding, and that Ilwe have not in any manner sought by collusion to secure for myself/ourseIves an advantage over any other bidder. Affiant further deposes and says that, prior to the public opening and reading of bids, the said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone to submit a false or sham bid, refrain from bidding or withdraw a bid; (c) Did not, directly or indirectly, seek by agreement, communication or conference to raise or fix any overhead, profit, bid price or associated cost element; (d) Did not, directly or indirectly, submit any bid price or breakdown created in the manner described above. This bid 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 bid by a third party is unintended and incidental to the purpose for which this bid is made. EXECUTED AT: y; ff-i® '—'A® ON THE 1 -N DAY OF Ru q , 20 (Bidder Completes) City State Month Finn's Name: 1: pTr414-V1-fy<&145vt.Tm4A i Vc.Telephone # Firm's Address: 95qaWAyJ Street City State Zip ( MA.) ) ( mj ) Intitals Intitals Intitals IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 12 IFB# 082420D600 Print Name Sign Name Title Date Address: Street City State Zip (b) CO -PARTNERSHIP Name of Co -Partnership firm: Address: Street City State Zip Print Name Sign Name Title Date Address: Street Ci State Zip z. Print Name n Name le Date Address: Street City to Zip 3. Print Name Sign Name Title to Address: Street City State c) CORPORATION Name of Corporation: 3:h1-M 4k 1=v Address: 'rj Street City State Zip LA aL f rF4WSA '!4 2.— 13 —E Signaure o€Officer of Wporation Title of Officer of Corporation Date �6 to 1A. Signature of Officer of Corporation Title of Officer of Corporation Approved Signatures Methods for Corporations: a) Two Signatures: One by the Chairman of the Board or Directors, President or any Vice - President AND One by the Secretary, Asst. Secretary, Chief Financial Officer or any Asst. Treasurer, or P b) One signature by Corporate designated individual together with the properly attested resolution of the Board of Directors authorizing the person to sign. ®e® CONTRACT CANNOT BE ISSUED UNLESS THIS SIGNATURE PAGE AND AFFIDAVIT rC1MP1•FTRn_ (Bidder to have notarized) County of State of In witness whereof the City of Los Angeles has caused this contract to be executed by the Department of General Services of said City, and said, contractor has executed this contract the day and Approved as to form on Date City Clerk Contract No. r _ Subscribed and sworn this year written below. Rockard J. Delgadil[o { Att �c4 �` �tinez 13 day of V< 6 j %I General Manager City Attorney 20� NVINBLAIN, e t nerrvi es E Co lsslon # 1673553 Gen er St. ity ttome Deputy Ci Clerk m NotarrV Puubbllle. - CCaalllf'omla 0 Date: �� •® Date: V 6W)M ) IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 13 IFB# 0824200600 Print Name Sign Name Title Date Address: Street City State Zip (b) CO -PARTNERSHIP Name of Co -Partnership €irrn: Address: Street City State Zip 1. Print Name Sign Name Title Date Address: Street Ci State Zip z. Print Name n Name le Date Address: Street City to Zip 3. Print Name Sign Name Title to Address: Street City State c) CORPORATION Name of Corporation:-�_,�R_ Address: fly mT suI3y= -A1® 9?,4c, 4e Street City State Zip LA ta Signa ure o€Officer of Wporation Title of Officer of Corporation Date e a 189a. /Ae° Signature of Officer of Corporation Title of Officer of Corporation ®®.°®�9 ° e `oo of Approved Signatures Methods for Corporations: Ja ° o® a) Two Signatures: One by the Chairman of the Board or Directors, President or any Vice- O op President AND One by the Secretary, Asst. Secretary, Chief Financial Officer or any Asst. m 1Co eor ° a a Treasurer, or ° a b) One signature by Corporate designated individual together with the properly attested ° resolution of the Board of Directors authorizing the person to sign. � d CONTRACT CANNOT BE ISSUED UNLESS THIS SIGNA'I URE PAGE AND AFFIDAVITA vppw (aY COMPIXTED- (Bidder to have notarized) in witness whereof the City of Los Approved as to form on City Clerk Contract No. Angeles has caused this contract to be County of Q executed by the Department of General DateL /( State of A Services of said City, and said, contractor _ has executed this contract the day and Subscribed and sworn this year written below. Rockard J. Delgadil[o `{ Att �rq �:` �{tinez 1 day of n% J h/ Y --° VIEV Y. BLACN, General Manager City Attorney 20_.g2---ter a;iG e t Her rvices �$ , P It)EI$il$rtgdE Co lulon # 1673553 St. ' ity home Gen er Deputy Ci `Clerk m Nctary Publle - California /J Date: �� 6 & • f� O{d fow%aw)y Date: IMPORTANT: THIS DOCUMENT MIDST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 13 -IFB# 0824200600 CONTRACTOR GOVERNMENTAL PROJECT REFERENCE SHEET CONTRACTOR MUST USE THIS FORM Bidders are required to complete the following reference information. This information will be reviewed as part of the bid package for determining the successful bidder. Contractor shall have' a verifiable track record, 'List all projects in chronological order starting with the most recent, even if aet'yet completed, going back at least three years. Make sure to include all projects involving local,,county, state and federal'agencies, Attach additional sheets, if necessary. • i Name of Project 16 Iwo*�a 4r�1 � �Cb600L Location of Project e7 gRe't"NW 4 N t'lr.4 •j<.,.,$ &NQ'J� 'e.e� 9ne49 n Project Description V ey—A �. �/G$,/s Ku—msv � s-y �N D � �. � 5 ®. �+Sd�Y to &,Lb nlY+nlo Amount of the Contract E/S ' Duration in Months Co s+9o��S-,��►.) Awarding Agency A N 6 ed & s U t�4 t�j', � off- �: _"[ -- tad a tea+ Awarding Agency Address '37f,&,, S. t ee RJvb, L05 ANl1&4L CA `la,0l Street City State Zip Awarding Agency Telephone Number (Include Area Code) (S 11*-Z r7 3 - 7389 Awarding Agency Project Liaison "DS.t1 suNoym -AAANO Project Liaison Telephone Number (Include Area Code) S AMP- A -% .&ALoVS. Name of Project SSG�QQL- Location of Project Project Description ^z t,�ttt i� $ T '1 r--,&P arL#1 Amount of the Contract —*r7cl 0-3 !J!j �® Duration in Months e, Awarding Agency �oS AAIi Bs unliP4s•e dfa�i.. W 3'CT'e.Z -^ VtZCm-%o A 3 Awarding Agency Address 7-J=1 ' LMACA b1db.L "S AAr"" S c.® ga:.a16 Street City State Zip Awarding Agency Telephone Number (Include Area Code) J�Jooi q244-2-9 bra Awarding Agency Project Liaison i'i :wr ��a W Project Liaison Telephone Number (Include Area Code) sph-kS,, h43 04B.o69, Name of Project Sou 7if A :coati- 14 UM 4 Location of Project 14ArJ f4,E't aDua ism sn V-1 .�' ,r �-At.. Project Description W�All �710 ej 'bra ,4 j!o W &ILI �P �a� _ 'X-*� ,%Tfts .60 Amount of the Contract , "} S-4, 5 1711- _ Duration in Months 25 Al Talc 4 &per Awarding Agency I- !� , Ids uadpi,,g �c�t �L `®�c Tt �i .. rtLrJ e4s�5Tf�y �TsU w� Awarding Agency Address l ® W - 7P?N IT. L-pS AN6 W %Sy CA 12 Street City State Zip Awarding Agency Telephone Number (Include Area Code) Awarding Agency Project Liaison► i o Project Liaison Telephone Number (Include Area Code)av� IMPQRTANT• THIS DOCUMENT MUST BE SU13M1TfED W[TH BID PROPOSAL Monitoring Services for'Asbestos, Lead Paint and Motd'Abatement ' - Page 14 -.� IFB# 0824200600 CONTRACTOR GOVERNMENTAL PROJECT REFERENCE SHEET CONTRACTOR MUST USE THIS FORM Bidders are required to complete the following reference information. This information will be reviewed as part of the bid package for determining the successful bidder. Contractor shall have a verifiable track record. List all projects in chronological order starting with the most recent, even if not yet completed, going back at' least three years. Make sure to include all projects involving local, county, state and federal agencies. Attach additional sheets, if necessary. Name of Project f / S'Dm.T,'n rJ o. 31 Location of Project 4 tal ', VAw N 2IS TcL, mot_ 14e1 Project Description F-xLaLL of!- P%.�NT svt's" -Z& ►ars- `.�. Amount of the Contract t3. 5l344 Duration in Months 5gm6F-Tw�- tr f rs�- d-L Awarding Agency e_ L.A. S 'U.;-UQ"4 Awarding Agency Address 1�793Z FA,'Yt4tr-. g"I�- v�Um�N� ^A®N W01g, c.014o!� Street . City State Zip Awarding Agency Telephone Number (Include Area Code) ( BIB) d 771p - di® Awarding Agency Project Liaison NyrE Project Liaison Telephone Number (Include Area Code) -S." e- ^-.3 Name of Project 7)2Au s AMA sA. (3., ;e��l�y 4 Location of Project f3,(?-:a,e3s �L�tx Adu6 A24r CA Project Description lNp�er'd- Aiic- ghe-ry-y- yllh&yf is QbS Amount of the Contract *,R,Lg�� Duration in Months -da'eiN :r,aa7 AwardingA G Agency Y I�(' mp Las p.ad2Ll%1 - C,,g�,_��s ��v`�►'oAs ��c�[.Y r F000�'f-I;.eZ S4, Awarding Agency Address 5Mc 15V 4 1<0-C- 0 Las AN6el!s cA aSa I� Street City State Zip Awarding Agency Telephone Number (Include Area Code) 1*2-1 3) Y8S - 32-ry Awarding Agency Project Liaison -Pawr .�eH�fd�SorJ _ Project Liaison Telephone Number (Include Area Code) /2'A A46cxJ& Name of Project ;Ai'tr._ S&6i Location of Project I Ztb-a- S- %*v m hly� p ��,7 AA ae sbm cJa 12-. Project Description I N1_*-R T _S mma mAT-a)-A - L-T-A Amount of the Contract T7 Duration in Months coM(�rnl Jal� Awarding Agency 2t nbhg" A� Awarding Agency Address 1413 2- M 21 -. r; Z Vpw v-t, L& � j ��- Street City State Zip Awarding Agency Telephone Number (Include Area Code) A a) Awarding Agency Project Liaison Ind Project Liaison Telephone Number (Include Area Code) IMPORTANT: THIS DOCUMENT BUST BE SUBMITTED WITH Bl® PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 14 -15 IFB# 0824200600 CONTRACTOR GOVERNMENTAL PROJECT REFERENCE SHEET CONTRACTOR MUST USE THIS FORM Bidders are required to complete the following reference information. This information will be reviewed as part of the bid package for determining the successful bidder. Contractor shall have a verifiable track record. List all projects in chronological order starting with the most recent, even if not yet completed, going back at least three years. Make sure to include all projects involving local,, county, state and federal agencies. Attach additional sheets, if necessary. Name of Project ',i'_v jMIS +�T s Location of Project Project Description Amount of the Contract ,d �i �l� 7l Duration in Months 4sMa!%K60 i d -'gt-V b7 Awarding Agency sy`, we- - Awarding Agency Address l s .� Ajl g& ✓ly-%4 Abs.N js-r SF S r'iJbs. % °� ob 7o Street City State Zip Awarding Agency Telephone Number (Include Area Code) (!�49 7,93 - S -2 3 Awarding Agency Project Liaison X 4'1A')L4 - Project Liaison Telephone Number (Include Area Code) Ad 'AAoV'V' Name of Project . ! s r L.A F-1> 12_T�� w Location of Project I &X 3 &AJ&JL A OS /6(S~ W, /QSM 40 &*S ANGB1§ Project Description liyAdo¢ .oy�Z. �� �G'�t' ,n•►i•a/.Ye Amount of the Contract z 5 �l�Duration in Months -e-0►4i&Tr5,%',J I o►r�o Awarding Agency e-1T j' op 4 A 6S G003'1 ecrlaw? ]gftc�3 O�vit;o� Awarding Agency Address Street 5"5S kAM+ 15P� c, L4S eu. G% State Zip Awarding Agency Telephone Number (Include Area Code) (� Awarding Agency Project Liaison L.AwY . aegc a� ZR'J !?x 22CA xvy- z- Project Liaison Telephone Number (include Area Code) (01473 -q7 2f Name of Project Lco",*jov p kk!! !J► 6,L Location of Project ; 94, ct-SA "—'V- &'kF-•. 1!0 au V. e6, CA- Q ZZ Project Description -!bU.00a1 ja.�.bJ�Y®N �S%mS AJ1D Amount of the Contract ti n a -A 7 Duration in Months 6& M ,A&Tax't- tn1 .T4nS 04 Awarding Agency 0���7�� • Sww(..N5'� Awarding Agency Address 2.S !MILS tom' A %-4Nc- SSA44i CA �o Street State Awarding Agency Telephone Number (Include Area Code)�1 �� ^ 7�5�► Awarding Agency Project Liaison HATSO N- ( 2 Project Liaison Telephone Number (Include Area Code) lamdmg- IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL , Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 14 "�- IFB# 0824200600 CONTRACTOR KEY EMPLOYEE REFERENCE SHEET CONTRACTOR MUST USE THIS FORM Bidders are required to complete the following reference information. This information will be reviewed as part of the bid package for determining the successful bidder. Contractor shall provide information on key employees (including superintendents, supervisors/general foremen, foremen etc.), In shall consist of name, title, years experience, current licenses and/or certifications, and any other pertinent information. Attach additional sheets, if necessary. Name of Emolovee MASSeu►D &A-HDAM'k Title TR;?Ac.**L Years Experience 3 o Current Licenses and/or Certifications c-Ar- _ _ c Other Pertinent Information bs+IL-sI Name of Emolovee A L -sk R•H. C4&0 N' Title ':2N� NW -A - Years Experience 1 I Current Licenses and/or Certifications Other Pertinent Information 0. %R NAT'o•J Name of Emolovee =..�RNls sT �TUt3��RS Title V% p :S ZWT t" "A diX Years Experience L� Current Licenses and/or Certifications .=AX- 63- 5ygo, M ?&9 Other Pertinent Information!t 'ft�S. lt� .pe f a►.S Name of Emolovee MIT. -AD LSAAN-C-k Title aerT rtAmA§z Years Experience t ® Current Licenses and/or Certifications eJk. A6-3119, Other Pertinent Information Rz4oah!s,12 t& :rSj! f-I tNy"T, &,AsY% 'i f Name of Emolovee Title . rL-.0 � �►`��T� • Years Experience �Z Current Licenses and/or Certifications -515:r o9/- 3 L55 Other Pertinent Information fi���aNs, � �r �'��:. t.-!jcA7%*-%N Ce 6Sj;V r,szS Name of Emolovee VV1 NgcfL'� A;A4AS Title ' Years Experience � p Current Licenses and/or Certifications -c2,ST a3 —34W Other Pertinent Information &SO- is1 I% t- ��. 7�_�tp A-?; V, T1;:3 Name of Emolovee gg�Cl��►a Title �� -� n Years Experience _L5 _ Current Licenses and/or Certifications s&f. $ 16 l �_El Wgz�a Other Pertinent Information tt�.s o psi t�1 � . t l-D Ms o r►ToWKA IMPORTANT: THIS DOCUMENT MUST SE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 15 IFB# 0824200600 CITE' OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES SPECIFICATIONS FOR ENVIRONMENTAL MONITORING AND CONSULTING SERVICES INTRODUCTION: The City of Los Angeles (City), through its Department of General Services (Department), request quotes for environmental monitoring and consulting services for buildings owned by or under the jurisdiction of the City. The successful vendor will be responsible for a full range of asbestos, lead paint & mold air monitoring and air sampling services for the Department of General Services and other City Departments on an "as needed basis". This IFB is for environmental monitoring and consulting services only; a separate IFB will be released to select contractors to conduct building surveys. II. BACKGROUND: The Department of General Services is the caretaker of all City buildings. In that role, the Department is responsible for the maintenance and rehabilitation of and modifications to most City -owned and operated buildings. "Asbestos and Lead" containing products were in general use by the construction industry before 1975. The City of Los Angeles owns and maintains more than four hundred (400) building that were built before 1975. The Department of General Services has had these buildings surveyed by a certified asbestos testing laboratory, and intends to remove and/or encapsulate asbestos and lead and asbestos and lead containing material as required, to eliminate hazardous conditions in many of them. III. SCOPE OF WORK The purpose of the environmental services is to provide the City with reasonable, customary and accurate environmental consulting and monitoring services. The primary scope of environmental services shall be asbestos. The secondary scope shall be any other unspecified class of environmental issues that may arise during the term of the contract. The City will conduct bidding activities on "as -needed, job -by -job" basis. Each City job (with the exception of emergencies) will have a job walk with the City Department's Project Managers, frequently the City Industrial Hygienist, and representatives from both monitoring companies, using a written scope of work prepared by a City Project Manager. The winning contractor based on acceptable monitoring or sampling methods shall: Provide all labor, supervision, hygienist, technicians, tools, equipment, material, services, documentation,. reports, insurance, permits and other work -related items. Ensure that the abatement contractor complies with all Environmental Protection Agency, Occupational Safety and Health Administration, and all other Federal, State, or local regulatory agency's regulations and procedures and specifications. IMPORTANT. THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 16 lFB# 0824200600 • In the event of a conflict between the Environmental Protection Agency, Occupational Safety and Health Administration regulations and procedures, the most stringent procedures shall prevail. • Is NOT affiliated or has formed a partnership/joint venture with any abatement contractor awarded a contract with the Department of General Services. • Must provide certified payroll, support documents, and other related information upon request. © Must be available 24 hours per day, 7 days per week. • Shall provide a 24-hour emergency contact person either with a pager or cell telephone number. • Provide written line item proposals for all work prior to work being performed. In an emergency situation, vendor may proceed with "verbal proposal" and the written proposal shall follow by the next business day. The City will: e Pay the vendor four (4) hours minimum on "emergency call outs". e Make payment upon receipt and acceptance of completed Close Out documents. Written notification of acceptance of the close out documents will be sent to the vendors within S work days by City representative and the notification date will determine the beginning of discount period. The City will make payment base on information in close out documents that match the invoice. The City will capture discounts on all progress payments. Work shall be scheduled during normal City working hours (7a.m. to 4p.m.), five days per week excluding Saturdays, Sundays and Holidays, unless so instructed or agreed to by the City prior to start of work. City Holidays, as follows: New Years Day, M.L. King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Overtime (time and one-half) will only apply (as per the California Labor Code Section 1810, 1811 and 1813) for an employee's work that exceeds eight hours in one calendar day or 40 hours in one calendar week. Contractor shall notify the project manager of requests for overtime prior to working employees at premium rates. The vendor must make reasonable efforts to schedule employees to avoid overtime on projects. The vendor is responsible for all reports, documentation, and paperwork needed for the completion of each monitoring abatement project. The contract will monitor the Asbestos, Lead Paint and Mold Contractor to determine the presence of asbestos, lead and mold containing materials and potential workplace and public contamination thereof on a project -by -project, as needed basis. Hourly charges as identified in the IFB must include travel time mileage and other incidental job -walk costs. The City will not pay separately for these costs. The City requires that within 2I calendar days after conclusion of each abatement project, the contractor will supply to the City's project manager all reports and invoices for processing. Complete reports and final invoices are required before payment can be made to either the monitoring vendor or the abatement contractor after any abatement job is completed. Payment packages for each job are processed only after documentation is received and approved for both the abatement and the environmental monitoring contractor. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WOTH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mbld Abatement Page 17 IFB# 0824200600 Notification of the need for contractor's monitoring services by the City shall be within five (5) working days after award of an asbestos and lead paint abatement contract and completion of insurance and bonding requirements. The City shall not be Iiable for any toss sustained by the contractor encountered in submitting IFB's and/or doing the work. Arrangements to examine a representative site shall be made not less than two (2) days in advance by an authorized representative of the City of Los Angeles. VENDOR CAPABILITIES ON ASBESTOS AND LEAD MANAGEMENT Air Sampling and Air Sample Analysis Contractor will be expected to conduct air sampling before, during, and after any abatement project. Air samples are to be collected within the abatement area and also in any potentially hazardous areas outside of the work area. Sampling and analytical methods for the air samples will be in strict accordance with EPA Rule 40 CFR Part 763 final rule, "Asbestos -Containing Materials in Schools". Copies of current South Coast Air Quality Management District - (SCAQMD) permits for HEPA filters must be kept on site with air sampling equipment available for inspection by City staff or inspectors form the SCAQMD or Cal -OSHA. The City reserves the right to specify the number of air samples taken for any given project. Environmental Risk Assessment Contractor is responsible for recommending corrective actions for unacceptable building and/or work conditions involving ACM. Contractor will be expected to collect and analyze all required data to develop or interpret existing data for environmental exposure/risk assessments for the identified ACM. Data is to include a description of the location, the area's physical characteristics, condition of the material, extent of coverage and/or presence and accessibility, circulation data, employee/occupant numbers, activity levels and duration. If exceptionally hazardous exposure condition exist, air sampling is to be performed and the integration of this information into the environmental exposure/risk assessment data will form the basis for the development of exposure evaluations. Risk assessment reports must be sent to the City's Industrial Hygienist for evaluation and final determination prior to commencement of abatement projects. The City reserves the right to specify the number and position of monitoring company employees used on any given project. 3. Abatement Specifications Contractor will be expected to collect and review all available survey data, and building construction and abatement specifications to verify the type, location and extent of identified ACM. Contractor will also determine and/or document any required procedures and methodologies for removal and/or repair of existing abatement specifications, where applicable, to include health and safety protocols (EPA, NIOSH/OSHA), disposal, air monitoring, and worker training requirements, afa minimum. IMPUtQ AN 1: 1 HIS UQUUMEN1 MUST BE SUBMITTEU WITH 810 PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 18 IFB# 0824200600 4. Employee Training_ Seminars Contractor will be expected to conduct or subcontract for employee training asbestos awareness seminars for City departments' representatives and maintenance staff that will be directly involved in the management of asbestos. This program will be designed to incorporate the City's documentation and procedural requirements into those of the most recent health and safety regulations. The City reserves the right to utilize the employee training seminars capabilities of its routine and/or emergency response hazardous waste contractors if it is in the best interest of the City to do so. Emergency Response: In order to facilitate emergency response and in order to respond to hastily called meetings, the bidder's main office must be located within a 50-mile radius (as determined by the American Automobile Association) of Los Angeles City Hall (200 N. Spring Street, Los Angeles, CA 90012.) V. LABORATORY AND PERSONNEL QUALIFICATIONS 1. Certifications and Accreditation — Bidders to submit with bid proof of compliance for all items listed below: (Bid may be non -responsive if the items are not submitted.) i. Participation in National Institute for Occupational Safety and Health's (NIOSH) Proficiency Analytical Testing Program (PAT) for airborne sample analysis using Phase Contrast Microscopy (PCM). Participation also in AIHA and ELPAT. ii. Participation in NISTs NVLAP for airborne sample analysis using Transmission Electron Microscopy (TEM). iii. Accreditation by Sate of California Department of Health Services (DOHS). 2. Laboratory Ouality Assurance — Bidders to submit with bid proof of compliance for all items listed below: (Bid may be non -responsive if the items are not submitted.) Effective participation in NIOSH Proficiency Analytical Testing (PAT) rounds. ■ Implementation of NVLAP's QA/UC requirements for airborne (TEM) samples analysis. Explanation (include copy) of supervised laboratory quality assurance program currently in effect for PCM and TEM sample analysis. ■ Effective participation in proficiency testing for lead analysis. 3. AnaI3 tical Methods IMPURTANIT: THIS UOCUMEMI MUSI lik SU8MIY1 W VVQ K 131U PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 19 IFB# 0824200600 e Airborne asbestos samples analysis utilizing Phase Contrast Microscopy (PCM) must be performed by industry standards. ® Final clearance airborne asbestos samples analysis (when specifically requested) must be performed in strict accordance with the EPA rule, CFR 40 Part 763, "Asbestos - Containing Materials in Schools; Final Rule and Notice," Appendix A to Subpart E-- Interim Transmission Electron Microscopy Analytical Methods —Mandatory and Non - Mandatory —and Mandatory Section to Determine Completion of Response Actions. 4. Personnel Qualifications — Bidders to submit with bid proof of compliance for all items listed below: (Bid may be non -responsive if the items are not submitted.) A. Contractors shall provide a sample asbestos monitoring service contract entered into with the last two years (names and prices may be deleted at your option). B. Contractor shall provide a brief operational history of its organization, describing its ability to provide needed services (monitoring, air sampling, environmental risk assessment, City employee training). C. Contractor shall provide a list of at least four references including names, titles, and phone numbers of project managers for whom the applicable services are currently being provided that the City may contact. D. All field and laboratory personnel shall work under the supervision of a Certified Asbestos consultant. E. Industrial hygienist/air monitoring personnel shall be EPA -accredited for supervision of asbestos abatement projects, and have successfully completed the NIOSH 582 course "Sampling and Analysis of Airborne Asbestos Fibers" or equivalent. Note: The City must be notified, in writing, whenever a job description covered by this agreement is changed. All contracts and employee certifications and accreditation covered by this agreement must be kept current and in force during the entire term of the agreement. Failure to do so will result in immediate termination for cause. All such certifications and accreditations must be sent to the City with 30 days of their being renewed. 5. Additional Requirements A. Contractor shall have a minimum of four years experience in building inspection for asbestos - containing materials, monitoring asbestos abatement projects, and analysis of bulk and air samples for asbestos. Contractor shall have a verifiable track record and must supply three references from similar projects conducted within the last three years. B. Laboratory shall have analytical equipment for PCM and TEM and lead analysis (Atomic Absorption Spectroscopy). And also lab §hould have analytical equipment for PCM to analyze samples on job site. C. Laboratory PCM microscopist must be accredited for bulk and air samples analysis for asbestos, Accreditation must be from EPA -approved institutions, and the certificates must be available IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 20 1FB# 0824200600 upon request. Lab personnel must be trained for lead analysis and the use of related analytical equipment. D. Laboratory must maintain strict chain of custody for sample analysis. E. Laboratory must be able to, in emergency situations, provide a minimum of eight (8) hour response time for sample analysis. F. Contractor must be able to provide emergency services (i.e., must arrive at the affected City site, ready to begin work) within four hours of being contacted by an authorized City representative; this includes weekends and holidays. G. Contractor must have professional liability insurance that is specific to asbestos -related activities with limits of $1 million. H. Contractor must demonstrate proficiency in asbestos analysis and in monitoring asbestos abatement projects, and have an effective quality control program. The quality control program must be presented upon request. VI. SCHEDULE FOR COMMENCEMENT AND WORK COMPLETION A start date for each project shall be agreed upon by the abatement Contractor, the air monitoring Contractor, and the City while it is the responsibility of the abatement contractor to comply with the South Coast Air Quality management District's (SCAQMD's) 10-day notification Rule 1403 "Asbestos Demolition Renovation" the air monitoring Contractor is responsible for the verification of all existing conditions prior to the start of actual work. The Contractor must coordinate job starts with each department's Asbestos Abatement Project Manager, who in turn, will schedule a prejob meeting between the abatement Contractor, air monitoring Contractor, and the Industrial Hygienist. Any changes to the scope of work must be authorized by the City Project Manager. Changes that result in a cost increase of 10 percent or more above the originally -accepted, not -to -exceed bid amount may be re -walked and re -bid by all interested contractors. Final authority for all safety -related questions is with the City's Industrial Hygienist. Likewise, for all other aspects of abatement jobs, air monitoring, sampling, set-up and take -down, disposal, number and level of personnel on or at the job, cost disputes, etc., the City department's Asbestos Abatement Project Manager is the final authority. The Contractor shall cooperate with City Inspectors, City authorized representatives, building occupants, and other Contractors who may be working on the job site in order to properly complete the project. Work shall be scheduled during normal City working hours (7a.m. to 4p.m.), five days per week excluding Saturdays, Sundays and holidays, unless agreed to by the City prior to start of work. The City's Abatement Project Manager will coordinate work hours and procedures with other City contractors working in the same or adjacent areas. VII. PERMITS LICENSES AND QUALIFICATIONS Contractor shall obtain the necessary permits from the State of California and other agencies, and notify the EPA Regional Asbestos Coordinator and the State of California, Division of Industrial Relations (CAUOSHA) as required by law. IMPORTANT: THOS DOCUMENT MUST BE SUBMITTED WITH SOD PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 21 IFB# 0824200600 Contractor shall obtain and pay for the necessary permits, licenses, and fees required by the City, County of Los Angeles, SCAQMD, and State of California and the appropriate federal agencies. VIll. EMPLOYEE CERTIFICATION Contractor shall provide evidence that all air monitoring personnel have received adequate training prior to commencement of abatement activities; in addition, all required certifications must be maintained on each City job site for review by City personnel and OSHA inspectors. IX. CONTRACT REQUIREMENTS Once contractors are selected the following will apply to the job bidding, job start and payment process: Purchase Orders/Notice to Proceed/Transaction numbers for specific sites will be issued by the City Department based on separate proposals per work site. Vendor's quotations shall be requested in writing by the City and shall require site inspection (job walks) by Vendor. Quotation shall describe jog -site boundaries, locations containing asbestos or other hazardous materials to be removed and/or encapsulated. Quotation must include starting date and estimated date of completion. All quotations shall include the following information. l . Class(es) of personnel to be employed on the project (i.e., project supervisor, air monitoring technician, etc.) 2. Hourly/labor rate for each job classification including anticipated overtime. 3. The estimated number of hours to complete the job and the maximum dollar amount charged per job. NOTE: Work shall start only after obtaining a Purchase Order/Notice to Proceed/Transaction Number from the City's project manager. NOTE: Any job, once begun, whose not -to -exceed amount changes by (or in excess of) 10 percent of the approved and accepted estimate (often referred to as "change order") may have its remaining elements re -bid using the same process as the initial request -for -bid. X. INVOICES Invoices for payment shall be submitted in duplicate to the Accounting Office of the designated Department, through the assigned City Representative, with the annual contract number and the Purchase Order/Notice to Proceed/Transaction Number noted. Invoices shall include a breakdown of labor costs by job classification, total number of hours, total charges, and amount. XI. PAYMENTS Payments shall be made based on the actual number of hours utilized by Contractor in completing the work, but shall not exceed the maximum dollar amount stated in the original quotation and any approved change orders. Unless otherwise agreed to by the City's Project Manager and the Contractor prior to or at the beginning of a project, partial or progress payments will not be made. The average time from receipt of invoice and required support documentation by the City to payment is 60 days. There is no provision for payment of late penalties or interest by the City. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, lead Paint and Mold Abatement Page 22 IFB# 0824200600 The Contractor must provide a primary contact person for managing the City's account and for resolving service and/or billing questions and problems. Delays or work stoppages of any kind shall not increase the cost of Contractor's work through increased work hours or any other cause. Payment shall be subject. to the determination of the City Controller that all provisions of the contract have been complied with the Contractor. XII. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS The Contractor shall comply with applicable laws and regulations of the City and other jurisdictions, including those laws relating to wages, hours, and conditions of employment. XIII. LICENSES AND FEES The Contractor shall acquire and maintain in effect during the entire term of he Contract all licenses, permits, etc., required for performance of all services under the Agreement, and shall pay ail fees related thereto. XIV*. SUBMISSION OF IFB Format: All IFB's shall be typewritten and in a 3-ring binder with the following on the cover page_ ■ Contractor's Name Address ® Contact Person s IFB Number All responses to the requirements herein shall be marked as attachment 1. Make reference to the specific section and page no. XV. BIDDER QUALIFICATIONS 1. The response should clearly demonstrate the bidder's ability to provide the service requested at the stated cost to the City. In addition to the required documents, bidders may submit such additional information on staffing and operating methods as would assist the City in evaluating bidder's capabilities. 2. IFB responses shall include a brief history of the firm and a description of both past and current operations. The response shall list the names and addresses of the least three (3) of the bidder's present clients in the county of Los Angeles, and at least three (3) of the bidder's former clients in the County of Los Angeles. 3. Comprehensive evidence of financial condition such as annual report, annual operating statement, or past years' income tax returns shall be provided. 4. Bidders must demonstrate adequate staffing capability to conduct air and/or air monitoring at several Cityjoti b sites in, possibly, widely dispersed areas of the City, at the same time. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 23 IFB# 0824200600 XV1. CITY'S RIGHT TO INSPECT WORK The City shall have the right to review completed work and work in progress to ascertain that the requirements of the Contract are being fulfilled. Deficiencies noted shall be promptly corrected at the Contractor's expense. IMPORTANT: THIS DOCUMENT IVIUST BE SUBMITTED WITH BID PROPOSAL_ , Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 24 IFB## 0824200600 STANDARD PROVISIONS FOR CITY CONTRACTS PSC-1. ConstrMction of Provisions and IMes Herein. All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Contract shall be construed according to Its fair meaning and not strictly for or against the CITY or the CONTRACTOR. The word "CONTRACTOR" or "CONSULTANT" herein and in any amendments hereto includes the party or parties identified in the Contract wherein this Appendix is incorporated by reference; the singular shall InGude the plural; If there shall be more than one CONTRACTOR/CONSULTANT herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several; use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. PSC.2. Number of Originals. The number of original texts of this Contract shall be equal to the number of the parties hereto, one text being retained by each.party. PSC-3. Appiiohle Low. InterpretatiQn and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Contract shall be enforced and interpreted under the laws of the State of California. CONTRACTORICONSULTANT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Contract. If any part, term or provision of this Contract shall be held void, illegal, unenforce- able, or in conflict with any law of a federal, state or local government having jurisdiction over this Contract, the validity of the remaining parts, terms or provisions of the Contract shall not be affected thereby. PSCA. Time of Effectiveness. Unless otherwise provided, this Contract shall take effect when all of the following events have occurred: Rev.10103 $5866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 25 IFB# 0824200600 A This Contract has been signed on behalf of the CONTRACTOR/ CONSULTANT by the person or persons authorized to bind the CONTRACTO>RICONSULTANT hereto; B. This Contract has been approved by the CITY'S Council or by the board, officer or employee authorized to give such approval; C. The Office of the City Attorney has indicated in writing its approval of this Contract as to form; ®. This Contract has been signed on behalf of the CITY by the person designated to so sign by the CITY'S Council or by the board, officer or employee authorized to enter Into this Contract. PSC-6. Megratea>7 Contract. This Contract sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous Contracts or understandings, whether written or oral, relating thereto. This Contract may be amended only as provided for in paragraph PSC-6 hereof. PSC-6. Amendment. All amendments hereto shall be in writing and signed by the persons authorized to bind the parties thereto. PSC-7. Excusable Deiays. In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as, a result of such delay or suspension. Circumstances deemed to be beyond the control of -the parties hereunder shall include,. but not be. limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires, floods; epidemics; quarantine restrictions; strikes; freight embargoes or delays in transportation, to- the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control. PSC-8, RLqach. Except for excusable delays as described in PSC-7, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any Rev.10/03 185866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL. Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 26 IFB3# 0824200600 representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are. cumulative of, those provided for herein except that In, no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. PSC-9. Waiver. A waiver of a default of any part, term or provision of this Contract shall not be construed as a waiver of any succeeding default or as a waiver of the part, .term or provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default. PSC-10. Independent CONTRACTORICONSULTANT. The CONTRACTORICONSULTANT is acting hereunder as an independent contractor and not as an agent or employee of the CITY. The CONTRACTORICON- SULTANT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of,the CITY. PSC-11. Prohibition Against Assignment or Delegation. The CONTRACTORICONSULTANT may not, unless it has first obtained the written permission of the CITY; A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. PSC-12. Permits, The CONTRACTORICONSULTANT and its officers, agents and employees shall obtain and maintain all licenses, permits, certifications and other documents necessary for the CONTRACTOR'SICONSULTANT'S performance hereunder and shall pay any fees required therefor. CONTRACTOR/CONSULTANT certifies to immediately notify the CITY of any suspension, termination, lapses, non -renewals, or restrictions of licenses, permits, certificates, or other documents. PSC-13, Nondiscrimination and Affirmative Actiion. The CONTRACTORICONSULTANT shall comply with the applicable non- discrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Contract, the Rev.10/03 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, lead Paint and Mold Abatement Page 27 IFB# 0824200600 CONTRACTOR/CONSULTANT shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, domestic partner status, marital status or medical condition. The CONTRACTOR/CONSULTANT shall comply with the provisions of the Los Angeles Administrative Code Sections 10.8 through- 10.13, to the extent applicable hereto. The CONTRACTOk/CONSULTANT Shall also comply with all rules, regulations, and policies of the CITY'S Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative 'action, including the tiling of all forms required by said Office. Any subcontract .entered 'into by the CONTRACTOR/CONSULTANT relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. Failure of the CON ,TRACTORICONSULTANT to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject the CONTRACTOR/CONSULTANT to the imposition of any and all sanctions allowed by law, including but not limited to termination of the CONTRACTOR/CONSULTANT'S contract with the CITY. PSC®14. Claims for Labor and Materials. The CONTRACTORICONSULTANT shall promptly pay when due all amounts payable for iabor.and. materials- furnished in the performance of this Contract -so as to prevent any lien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible matter produced by the CONTRACTORICONSULTANT hereunder), against the CONTRACTOR'S/CON- SULTANT'S rights to payments hereunder, or against the CITY, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor. PSC-15. Current Lo§ Angeles Clty Business Tax Registration Certificate Realuired. The CONTRACTORICONSULTANT represents that it has obtained and presently holds the Business Tax Registration Certificate(s) required by the CITV S. Business Tax Ordinance (Article 1, Chapter 2, sections 21.00 and following, of the Los Angeles Municipal Code). For the term covered by this - Contract, the CONTRACTOR/CONSULTANT shall maintain, or obtain as necessary, all such Certificates required of It under said ordinance and shall not allow any such Certificate to be revoked or suspended. PSC-16. Bonds. Duplicate coples of all bonds which may be required hereunder shall conform to CITY requirements established by Charter, ordinance or policy and shall be filed with Rev.1.0/03 85866 IMPURTANT: l MiS UUCUMEN] muSI I3E SuBMI-1.1 EU WITH BOU PRUPOSAI_ Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 28 IFB# 0824200600 the Office of the City Attorney for its review in accordance with .Los Angeles Administrative Code Sections 11.47 through 11.66. PSC-17. indemnification: Except for the active negligence or willful misconduct of CITY, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, CONTRACTOR/CONSULTANT undertakes and agrees to defend, indemnify and hold harmless CITY and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorneys fees and cost of litigation, damage or liability of any nature whatsoever, for'death or injury to any person, including CONTRACTOR'S/CONSULTTANrS employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Contract by the CONTRACTOR/CONSULTANT or its SUBCONTRACTORS of any tier. The provisions of this paragraph survive expiration or termination of this Contract. PSC-18. Insurance, A. General Conditions During the term of . this Contract and without limiting CONTRACTOR'S/CONSULTANT'S indemnification of the CITY, CONTRACTOR/CONSULTANT shall provide and maintain at its own expense a program of insurance having the coverages and limits customarily carried and actually arranged by CONTRACTOR/ CONSULTANT but not less than the, amounts and types listed on the Insurance Requirements Sheet (Form Gen 146/1R in Exhibit i hereto, covering its operations hereunder. Such insurance shall conform to CITY requirements established by Charter, ordinance or policy, shall comply with the Instructions set forth on Form General 133 and with the conditions set. forth on the, applicable City Special Endorsement form(s), copies of which are included in Exhibit 1, and shall otherwise be in a form acceptable to the City Attorney. Specifically,' such insurance shall: 1) protect CITY as an Insured or an Additional Interest Party, or a Loss Payee As Its Interests May Appear, respectively, when such status is appropriate and available depending on the nature of the applicable coverages; 2) provide CITY at least thirty (30) days advance written notice of cancellation, material reduction in coverage or reduction in limits when such change is made at the option of the insurer; and 3) be primary with respect to CITY'S insurance program. Except when CITY is a named Rev.10103 85866 IMPU I AN i : 'e axis DOCUMENT MUST BE Suirsmi 1 i to wr'r n dw VkuruaAu Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 29 IFI3# 0824200600 Insured, CONTRACTOR'SICONSULTANT'S insurance is not expected to respond to claims which may arise from the acts or omissions of the CITY. B. Modification of Coverage CITY reserves the right at any time during the term of this Contract to change the amounts and types of insurance required hereunder by giving CONTRACTOR/CONSULTANT ninety (90) days advance written notice of such. change. If such change should result in, substantial additional -cost to the CONTRACTOR/CONSULTANT, CITY agrees to negotiate additional compensation proportional to the increased benefit to CITY. C. Failure to Procure insurance All required insurance must be submitted and approved by the City Attorney prior to the inception of any operations or tenancy by CONTRACTOR/CONSULTANT. The required coverages and limits are subject to availability on the open market at reasonable cost as determined by CITY. Non -availability or non -affordability must be documented by a letter from CONTRACTOR'S/CONSULTANT'S Insurance broker or agent indicating a good faith effort to place the required insurance and showing -as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, CONTRACTOR'SICONSULTANT'S failure to procure or maintain required insurance or a self-insurance program during the entire term of this Contract shall constitute a material breach of this Contract under which CITY may immediately suspend or terminate this Contract or, at its discretion, procure or renew such insurance to protect CITY'S interests and pay any and all premiums in connection therewith and. recover all monies so paid from CONTRACTOR/CONSULTANT. D. orker's Compensation Rev.10103 By signing this Contract, C®NTRACTORICONSULTANT hereby certifies that it is aware• of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. 85866 IMPORTANT' THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 30 IFB# 0824200600 A Waiver of Subrogation in favor of CITY will be required when work is performed on CITY premises under hazardous conditions. PSC-19. Child SuRRgrt Assignment Orders. This Contract is subject to the Child Support Assignment Orders Ordinance, Section 10.10 of the Los Angeles Administrative Code. Pursuant to this Ordinance, CONTRACTOR/CONSULTANT certifies that it will (1) fully comply with all State and Federal employment reporting requirements applicable to Child Support Assignment Orders; (2) that the principal owner(s) of CONTRACTORiCONSULTANT are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally; (3) fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with Califomla Family Code section 5230, et sgg:; and (4) maintain such compliance throughout the term of this Contract. Pursuant to Section 10.10.b of the Los Angeles Administrative Code, failure of CONTRACTOR/CONSULTANT to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders and Notices of Assignment or the failure of any principal owner(s) of CONTRACTORICONSULTANT to comply with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally shall constitute a default by the CONTRACTORICONSULTANT under the terms of this Contract, subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to CONTRACTORICONSULTANT by CITY. Any subcontract entered into by the CONTRACTORICONSULTANT relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph and shall incorporate the provisions of the Child -Support Assignment Orders Ordinance, Failure of the CONTRACTOR/CONSULTANT to obtain compliance of its subcontractors shall constitute a default by the CONTRACTORiCONSULTANT under the terms of this Contract, subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to CONTRACTOR/CONSULTANT by the CITY. . CONTRACTOR/CONSULTANT shall comply with the Child Support Compliance Act of 1998 of the State of California Employment Development Department. CONTRACTOR/CONSULTANT assures that to the best of its knowledge it is fully complying with the earnings assignment orders -of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department as set forth In subdivision (1) of the Public Contract Code 7110. Rev.10/03 85866 IMPORTANT: THIS DOCUMENT MU8T ICE SUBMITTI_D Will H BID F'ROPUSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 31 IFB# 0824200600 PSC-20. , Living Wage Ordinance and Service Contractor Worker B21tention Oratin, hance. A. Unless otherwise exempt in accordance with the provisions of these Ordinance, this Contract is subject to the .applicable provisions of the Living Wage Ordinance (LWO) Section 10.37 et. seq. of the Los Angeles Administrative Code, as amended from time to time, and the Service Contractor Worker Retention Ordinance (SCWRO), Section 10.36 et seq., of the Los Angeles Administrative Code, as amended from time to time. The Ordinances require the following: Rev.10103 1. CONTRACTORICONSULTANT assures payment of a minimum initial wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. 2. CONTRACTORICONSULTANT further pledges that It will comply with federal law proscribing retaliation for union organizing and will not retaliate for activities related to the LWO. CONTRACTORICONSULTANT shall require each of its subcontractors within the meaning of the LWO to pledge to comply with the terms of federal law proscribing retaliation for union organizing. CONTRACTORICONSULTANT shall deliver the executed pledges from each such subcontractor to the CITY within ninety (90) days of the execution of the subcontract. CONTRACTOR'S/CONSULTANT'S delivery of executed pledges from each such subcontractor shall fully discharge the obligation of the CONTRACTORICONSULTANT with respect to such pledges and fully discharge the obligation of the CONTRACTORICON- SULTANT to comply with the provision in. the LWO contained in Section 10.3.7.6(c) concerning compliance with such federal law. 3. The CONTRACTORICONSULTANT, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the CITY with regard to the employer's compliance or anticipated compliance with the LWO, for opposing any practice proscribed by the LWO, for participating in proceedings related to the LWO, for seeking to enforce his or her rights under the LWO by any lawful means, or otherwise asserting rights under the LWO. CONTRACTORICON- SULTANT shall post the Notice of Prohibition Against Retaliation provided by the CITY. 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 32 IFB# 0824200600 4. Any subcontract entered into by the CONTRACTORICON- SULTANT relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of PSC-20 and shall incorporate the provisions of the LWO and the SCWRO. 5. CONTRACTOR/CONSULTANT shall comply with all rules, regulations and policies promulgated by the designated administrative agency which may be amended from time to time. B. Under the provisions of Section 10.36.3(c) and Section 10.37.5(c) of the Los Angeles Administrative Code, the CITY shall have the authority, under appropriate circumstances, to terminate this Contract and otherwise pursue legal remedies that may be available if the CITY determines that the subject CONTRACTOR/CONSULTANT has violated provisions of either the LWO or the SCWRO or both. C. Where under the LWO Section 10.37. 6(d), the designated administrative agency has determined (a) that the CONTRACTORICONSULTANT is in violation of the LWO in having failed to pay some or all of the living wage, and (b) that such violation has gone uncured, the awarding authority in such circumstances may impound monies otherwise due the CONTRACTORICONSULTANT in accordance with the following procedures. impoundment shall mean that from monies due the CONTRACTORICONSULTANT, the awarding authority may deduct the amount determined to be due and owing by the CONTRACTOR/ CONSULTANT to its employees. Such monies shall be placed in the holding account referred to in LWO Section 10.37.6 (d) (3) and disposed of under procedures described therein through final and binding arbitration. Whether the CONTRACTOR/CONSULTANT is to continue work following an impoundment shall remain in the unfettered discretion of the awarding authority. The CONTRACTOR/CONSULTANT may not elect to discontinue work either because there has been an impoundment or because of the ultimate disposition of the impoundment by the arbitrator. Rev. 10103 Egmed Income Tax Credit This Contiract� Is subject:to the provisions of Section 10.37.4 of the Los Angeles Administrative Code, requiring employers to inform employees making less than Twelve Dollars ($12.00) per hour of their possible right to the federal Earned Income Tax Credit (EITC). Employers must further 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 33 IFB# 0824200600 make available to employees the forms required to secure advance EITC payments from employers. PSC- 21. Americans with Disabilities Act. The CONTRACTOR/CONSULTANT hereby certifies that it will.comply with the Americans with Disabilities Act 42, U.S.C. Section 12101 et seq., and its implementing regulations. The CONTRACTORICONSULTANT will provide reasonable accommo- dations to allow qualified individuals with disabilities to have access to and to participate In its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act The CONTRACTOR/CONSULTANT will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract -entered into by the CONTRACTOR/CONSULTANT, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 'PSC- 22. Retention of Records. Audit and Reports. CONTRACTOR/CONSULTANT shall maintain records, including records of financial transactions, pertaining to the performance of this Contract, in their original form, in accordance with requirements prescribed by the CITY. These records shall be retained for a period of no less than three years following final payment made by the CITY hereunder or the expiration date of this contract, whichever occurs last. Said records shall be subject to examination and audit by authorized CITY personnel or by the CITY's representative at any time during the.term of this contractor within the three years following the final payment made by the CITY hereunder or the termination date of this contract, whichever occurs last. CONTRACTOR/CONSULTANT shall provide any reports requested by the CITY regarding performance of this Contract. PSC-23, Discount Terms CONTRACTOR/CONSULTANT agrees to offer the CITY any discount terms that are offered to its best customers for the goods and services to be provided hereunder and apply such discount to payments made under this Agreement which meet the discount terms. PSC-24. Contracto Responsiblili Qidinance Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the provisions of the Contractor Responsibility Ordinance, Section 10.40 et seq., of the Los Angeles Administrative Code, which requires CONTRACTOR/CONSULTANT to update its responses to the responsibility questionnaire within thirty calendar days after any change to the responses previously Rev.10103 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH Br® PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 34 IFB# 0824200600 provided if such change would affect CONTRACTOR'S/CONSULTANT'S fitness and ability to continue performing the contract. In accordance with the provisions of this Ordinance, by signing this Contract, CONTRACTORICONSULTANT pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in the, performance of this contract, including but not limited to, laws regarding health and safety, labor and employment, wages and hours, and licensing • laws which affect employees. The CONTRACTOR/ CONSULTANT further agrees to: 1) notify the awarding authority within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that the CONTRACTORICONSULTANT is not in compliance with all applicable federal, state and local laws in performance of this contract; 2) notify the awarding -authority within thirty calendar days of all findings by a government agency or court of competent Jurisdiction that the CONTRACTOR/ CONSULTANT has violated the provisions of Section 10.40.3(a) of the Ordinance; 3) ensure that its subcontractor(s), as defined in. the Ordinance, submit a Pledge of Compliance to awarding authorities; and 4) ensure that its subcontractor(s), as defined in the Ordinance, comply with the requirements of the Pledge of Compliance and. the requirement to notify Awarding Authorities within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor has violated Section 10.40.3(a) of the Ordinance in performance of the subcontract. PSC-26. Warranty and Responsibility of CONSULTANTICONTRACTOR CONSULTANT/CONTRACTOR warrants that the work performed hereunder shall be completed in a manner consistent with professional standards practiced among those firms within CONTRACTOR'SICONSULTANT'S profession, doing the same or similar work under the same or similar circumstances. PSC-26, Minod,i<X„ Women And Other Business Enterprise Outreach ro ram CONTRACTORICONSULTANT agrees and obligates itself to utilize the services of Minority, Women and Other Business Enterprise firms on a level so designated in its proposal, if any. CONTRACTOR/CONSULTANT certifies that it has complied with Mayoral Directive 2001-26 regarding the Outreach Program for Personal Services Contracts Greater than $100,000, If applicable. CONTRACTOR/CONSULTANT shall not change any of these designated subcontractors/subeonsultaants, nor shall CONTRACTOR/ CONSULTANT reduce their level of effort, without prior written approval of the CITY, provided, that such approval shall not be unreasonably withheld. Rev.10/03 85866 IMi VK1 Ahl 1: 1 HIS WCUMEN I Mu; I tat 6UMMYI to VVI.1" blu 1jKUVQbAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 35 IFB# 0824200600 PSC-27. Ownership Unless otherwise provided for herein, all documents, material, data, and reports originated and prepared by CONTRACTORICONSULTANT-urider this contract shall be and remain the property of the CITY for its use in any manner it deems appropriate. The provisions of this paragraph shall survive expiration or -termination of this Contract. PSC-28. tgual Benefits OrdinanM. Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the applicable provisions of the Equal Benefits Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative Code, as amended from time to time. (1) During. the performance of the Contract, the. CONTRACTOR/ CONSULTANT certifies and represents that the CONTRACTORICONSULTANT will comply with the EBO. The CONTRACTORICONSULTANT agrees -to post the following statement in conspicuous places at its place of business available to employees and applicants for employment: "During the performance of a Contract with the CITY of Los Angeles, the CONTRACTOR/CONSULTANT will provide equal benefits to its employees with spouses and Its employees with domestic partners. Additional information about the City of Los Angeles' Equal Benefits Ordinance may be obtained from the Office of the City Administrative Officer, Contractor Enforcement Section at (213) 978-7650.° (2) The failure of the CONTRACTORICONSULTANT to comply with the EBO will be deemed to be a material breach of the Contract by the Awarding Authority. (3) If the CONTRACTORICONSULTANT fails to comply with the EBO the Awarding Authority may cancel, terminate or suspend the Contract, In whole or in part, and all monies due or to become due under the contract may be retained by the CITY. The CITY may also pursue any and all other remedies at law or in equity for any breach. (4) Failure to comply with the EBO may be used as evidence against the CON- TRACTOR/CONSULTANT in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance. Rev.10/03 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, lead Paint and Mold Abatement Page 36 IFB# 0824200600 (5) If the City Administrative Officer determines that a CONTRACTOR/ CONSULTANT has set up or used its Contracting entity for the purpose of evading the intent of the EBO, the Awarding Authority may terminate the Contract on behalf of the CITY. Violation of this provision may be used as evidence against the CONTRACTORICONSULTANT in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance, PS 29 - Slavery 01sclosure OW11,ance Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the Slavery Disclosure Ordinance, Section 10.41 -of the Los Angeles Administrative Code, . as may be amended from time to time. CONTRACTOR/CONSULTANT certifies that it has complied with the applicable provisions of this Ordinance. Failure to fully and accurately complete the affidavit may result in termination of this Contract. Rev.10103 85866 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL. Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 37 IFB# 0824200600 ORDINANCE NO. 171004. An ordinance amending Article 10 of Chapter 1 of Division 10 of the Los Angeles Administrative Code, the Service Contractor Worker Retention Ordinance, to make certain modifications and clarifications: THE PEOPLE OF THE CITY. OF LOS AMPLES DO ORDAIN AS FOLLOWS: Section 1. The Los Angeles Administrative Code -is hereby amended by amending Article 1,0 to Chapter 1 of Division 10 to read as follows: .ARTICLE 10 SERVICE CONTRACTOR WORKER RETENTION -Sec. 10.36 Findings and Statement of Policy. The City awards many contracts to private firms to provide services to the public and to City government. The City awards many contracts to private fums to provide services to the public and to City government. The City also provides financial assistance and ihnding to others for the pgme of econ m e development or job growth. At the. conclusion of the terms of a service contract with the City or with those receiving financial assistance from the City, competition results in the awarding of a service contract to what may be a different contractor. These now contracts often involve anticipated changes in different managerial skills, new technology or techniques, new themes or presentations, or lower costs. The City cxpends.grant fiords under proparns created by the- ibderal and state governments. Such expenditures serve to promote the goals established for those programs by such governments and similar goals of the City. The City intends thai the policies underlying this article serve to guide the expenditure of such fimda to the extent allowed by tine laws under which such grant programs are established. Despite desired changes through the process of entering into new contracts, it is the experience of the City that reasons for change do not necessan'ly inolude a need to replace workers- presedtly perfOrming services who already have useful knowledge about the workplace where the services are performed. IMPOK'IAINT: THIS DOCUMENT MUST BE SUBM11TEt) WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 38 IFB# 0824200600 Incu mbenr workers #rave already invaluable knowledge and experience with the work schedules, practices, and clients. 7be benefits of replaoiag these workers without such experiences decreases efficiency and results in a disservice to City and City financed or assisted projects. Retaining existing service workers when a change in contractors occurs reduces the likelihood of labor disputes and•disruptions. The reduction of the likelihood of labor disputes and disruptions. results in the assured continuity of services to citizens who receive services provided by the City or by City financed or assisted projects. It is una4cce0ble that contracting decisions involving the expenditurd of City funds should have any potential effect of creating unemployment and the consequential need for social services. The City, as a principal provider of social support services, has an interest in the stability of employmeni under contracts with the City or by those receiving fmancial assistance from the City. The retention of existing workers benefits that interest. Sec. 10.363. Definitions. The following definitions shall apply throughout this article: (a) "Awarding authority" means that subordinate or component entity or person of the City (such as a department) or of the financial assistance recipient that awards or is otherwise responsible for the administration of a service contract or, if none, then the City or the City financial assistance recipient. "City" means the City of Los Angeles and aU a►*arding authori es thereof, including those City departments which exercise independent control over, their expenditure of funds, but excludes the Community Redevelopment Agency of the City of -Los Angeles. (c) "City financial assistance recipient" means any ,peisou that receives hotn the City discrete finamcial assistance expressly articulated and Identified by the City in excess of one hundred thousand dollars (SI00,000), such as, through bond financing, planning assistance, tax increment financing, tax credits, or any other form of financial assistance if the purpose of such other form of assistance is economic development or job growth; provided, however, that •corporations organized under Section § 501(c)(3) of the United States Internal Revenue Code of 1954, 26 U.S.C. § 501(d)(3), with annual operating budgets of less than five million dollars ($5,000,000) or that regularly e*oy homeless persons, persons who are:chronically unemployed, IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL. Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 39 IFB# 0824200600 or persons receiving public assistance, shall be exempt. (d) "Contractor' means any person that enters into a service .contract with the City or a City ftuaacial assistance recipient. (e) "Employee" means any person employed as a service employee of a contractor or subcontractor earning less than fifteen dollars ($15.00) per hour in salary or wage whose primary place of employment is in the City on or under the authority'of a service contract and including but not limitedlo; hotel employees, restaurant, food service or banquet employees; janitorial employees; security guards; parking attendants; nonprofesslonai health care employees; gardeners; waste management employees; and olerical employees; and does not include a person who is (1) a managerial, supervisory, or confidential employees, or (2) required to possess an occupational license. (q "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust; association, or other entity that may employ individuals or enter into contracts. (g) "Service contract" means a contract let to a contractor by the City or a City financial assistance recipient primarily for the fimiishing of services to of for the City or financial assistance recipient (as opposed to the purchase of goods or other property) and that involves an expenditure or receipt in excess of twenty-five thousand dollars ($25,000) and a contract term of at least three months. (b) "Subcontractor" means any person not an employee that enters into a contract with a contractor to assist the contractor in performing a service contract and that employs employees for such purpose. (i) 19noem service.eoptraW tts+w"a service- coarser where the services to be pWormed are substantially similar to a service contract that has been recently terminated. Sec. 10.36.7. Transition Employment Period. (a) Where an awarding authority has given notice that a service contract has been terminated, or where a service contractor has given notice of such termination, upon receiving or giving such notice, as the case may be, the terminated contractor small within ten (10) days thereafter provide to the successor contractor the name, address, date of hire, and employment occupation classification of each employee in emiployrnent, of itself or subvanG�ctors, at the time of can.ftact ti minstiam, lftbe tershinaw, contractor IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 40 IFB# 0824200600 has not learned the identity of the successor contractor, if any, by the time that notice was given of contract termination, the temninated contractor shah obtain such information from the awarding authority. if a successor service contract has not been awarded by the end of the ten (10) day period, the employment information referred to earlier in this subsection shall be provided to the awarding authority at such time. Where a subcontract of a service. contract has been terminated prior to the termination of the service contract, the terminated subcontractor shall for purposes of this article be deemed a temikated contractor. (1) Where a service contract or contracts are being let where the same or similar services were rendered by under multiple service contracts, the City or City financial aid recipient shall pool the employees, ordered by seniority within job classification, under such prior contracts. (2) Where the use of subcontractors has occurred under the termnated contract or where the use of subcotmractots is to be permitted under the successor contract, or where both circumstances arise, the City or City financial assistance recipient shall pool, when applicable, the employees, ordered by seniority within job classification, under such prior contracts or subcontracts where required by and in accordance with rules authorized by this article. (b) A successor contractor shall retain, for a ninety (90)-day transition employment period, employees who have. been employed by the terminated contractor or its subcontractors, if any, for the preceding twelve (12) months or longer. Where pooling of employees has occurred, the successor contractor shall draw from such pools in accordance with rules established under- this article. During such ninety (90)-day pedod, employees so hired shall be employed under the terms and conditions established by the successor contractor (or subcontractor) or as required by law. (c) If at anytime the successor contractor determines that fewer employees are req=W to perform the new service conftct titan were required by the twhinated contractor (anal subcontractors, if any), the successor contractor shall retain employees by seniority within job classification. (d) During such ninety (90)-day period, the successor contractor (or subcontractor, where applicable) sha11 maintain a preferential hiring list of eligible covered employees not retained by the successor contractor (or subcontractor) from which the successor contractor (or subcontractor) shall hire additional employees. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL_ Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 41 1FB# 0824200600 (e) Except as provided in subsection (c) of this section, during such ninety (90)-day period the successor contractor (or subcontractor, where applicable) shall not discharge without cause an employee retained pursuant to this article. "Cause" for this purpose shall include, but not be limited to, the employee's conduct while in tho employ of the terminated contractor or subcontractor that contributed to any decision to terminate the contract or subcontract for fraud .or poor performance. (f) At the end of such ninety (90)-day period, the successor contractor (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to this article. If the employee's performance during such ninety (9"y period is satisfactory, the successor contractor (or subcontractor) shall offer the employee continued employment under the germs and conditions established by the successor contractor (or subcontractor) or as required by law.(d) During such ninety (90)-day period, the successor contractor shall maintain a preferential hiring list of eligible covered employees not rdamod, by the succosaor contractor from which the successor contractor shall hire additional employees. Sec. 10.363. Enforcement (a)'An employee who has been discharged in violation of this article by a successor contractor or its subcontractor may bring an action in the Municipal Court or Superior Court of the State of California, as appropriate, against the successor contractor and, where applicable, its subcontractor, and may be' awarded: (1) Back pay for each day during which the violation continues, which shall be calculated at a To of compe>sation not kss than the higher of: (A) The avelage tegulat rate of.pay received by the employee during theAest 3 yeais of the employee's employment in the same occupation classification; or (B) The final regular rate received by the employee. (2) Costs of benefits the successor contractor would have incurred for the employee under the successor contractor's (or subcontractor's, whore applicable) benefit plan. (b) If the employee is the prevailing party in any such legal action, the court shall award reasonable attornay's fees and costs as part Of the costs recoverable. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 42 IFB# 0824200600 (c) Compliance with this article shall be required in all City contracts to which it applies, and such contacts shall provide that violation of this article shall entitle the City to terminate the contract and otherwise pursue legal remedies that may W available. (d) Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for any violation of this article. Sec. 10.36.4. Exemption for Sucessor Contractor or Subcontractor's Prior Employees. An awarding authority shall upon application by -a contractor or subcontractor exempt from the requirements of this article a person employed by the contractor or subcontractor continuously for. at least twelve (12) months prior to the commencement of the successor service contract or subcontract who is proposed to work on such contract or subcontract as an employee in a capacity similar to such prior etmploymeni, whore the application demonstrates that (a) the person would otherwise be laid off work and (b) his or her retention would appear to be helpful to the contractor or subcontractor in performing the successor contract or subcontract. Once a person so exempted commences work under a service contract or subcontract, he or she shall be deemed an employee as defined in Section 10.36.1(e) of this Code. See. 10.36.5. Coexistence with Other Available Relief for Speelfle Deprivations of Protected Rights. This article sW Dot be construed to limit an employee's right to bring legal action for wrongful termination. See. 10.36.6. Expenditures Covered -by this Article. 11is article shall apply to the expenditure, whether through service contracts let by the City or by its financial assistance recipients, of funds entirely within the City's control and to other funds, such as federal or state grant funds, where the application of this article is consonant with the laws authorizing the City to expend such other funds. As to any grant or similar prognam,-this article shall become applicable to the funda authorized by such program if and only if the City Attorney's Office has obtained from the tiding government either an opinion or other determination indicating such consonance or a judgment of compliance from a.court of law or Olt& tribunal; which procurement has been reported in writing by such Office to the City Council by a letter to the City Cleric. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 43 IFB* 0824200600 Sec. 10.36.7. Article Applicable to New Contracts and City Financial Assistance; Cooperative Retroactivity as to Con tracts and Financial Assistance Occurring After the Original Ordinance and Prior to the Revision. The provisions of this article shall apply to contracts consummated and financial assistance provided after the effective date of the ordinance amending this article. As for contracts consummated and financial assistance provided after the original version of this article took effect on January 13, 1996 (by City ordinance no. 170,784) and prior to the effwdvd date of this ordinance, the City directs its appointing authorities and urges others affected to use their best efforts to work cooperatively so as to allow application of this ordinance, rather than its predecessor, to saMce contracts let during such period. No abrogation of contract or other rights created by the original ordinance, absent consent to do so, shall be effected by the retroactive application of this revision. Sea 1.0.36A Prromulgadon of Implementing Rules. The City Council shall by-resoldtion designate a department or -office, which shalt promulgate roles for implementation of this article and otherwise coordinate administration of the requirements of this article. Sec, 10.36.9, Severabinty. If any severable provision or provisions of this article or any application thereof is held invalid, such invalidity shall not affect other provisions or applications of the article that can bye given effect notwithstanding such invalidity. wtMelm IMPORTANT: TH15 DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 44 IFB# 0824200600 Sec .............. ..................... The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify+ that the foregoing ordinance was passed by the Council of the City of Las Angeles, at its meeting of ............ .....�.... ..,... BLIAS MARTINEZ, City Clerk, g ...... k-15ep Approved ...... APR 0. R �`.........._. •--•--.... .........Mayas .. Approved as to Form and Legality JAMES K. HA", City Attorney, By.............................................................. Deputy. File city Otru Fora 2s IMPUKTANI : '1 HIS UQUVMhN 1 MUS 1 bt tsubMI.1 TEU WITH 131U 11KOPUSAt. Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 45 IFB# 0824200600 ORDINANCNO, 7 2 3 �' BI I An ordinance amending Section 10.36.6 of Article 10 to Chapter I of Division 10 of the Los 2 Angeles Administrative Code to delete the requirement that application of the Service Contractor 3 Worker Retention Ordinance to grant funded programs be delayed until receipt of determination that ,4 such application is consonant with. the laws authorizing the City to expand such funds.. 7 THE PEOPLE OF THE CITY OF LOS ANGELES 6 9 DO ORDAIN AS FOLLOWS: 10 I 12 Section 1. The Los Angeles Administrative Code is hereby amended by revising Section 13 10.36.6 of Article 10 to Chapter 1 of Division 10 to read as follows: 14 15 Set. 10.36.6. Expenditures Covered by this Article. 16 17 This article shall apply to the expenditure, whether through service contracts let by the City .18 or by its financial assistance recipkw% of funds entirely within the City's control and to other fiords, 19 such as federal or state grant funds, where the application of this article is consonant with the laws 20 authorizing the City to expend such other fonds. 21 22 23 Section 2. The Los Angeles Administrative Code is hereby amended by revising 24 Section 10.36.7 of Article 10 to Chapter I of Division 10 to read as follows: 25 26 Sac. 10.36.7. Tinting of Application of Ordinances Adding and then Amending this Article. 27 28 Tile provisions of this article as set forth in City Ordinance No. 171,004 shall apply to 29 cont uts consummated and financial assistance provided after May 19, 1996-(the effective date of 30 City Ordinance No. 171,004). As for contracts consummated and financial assistance provided after 31 the original version of this article took effect on January 13, 1996 (by City Ordinance No. 170,784) 32 and through May 18,1996, the City directs its appointing authorities and urges others affected to use 33 their best efforts to work cooperatively so as to allow application City Ordinance No. 171,004 rather 34 than City Ordinance No. 170,784 to service contracts lot during such period, No abrogation of 35 contract or other rights created by City Ordinance No. 170,784. absent consent to do so, shall be 36 effected by the retroactive application of City Ordinance No. 171,004. IMPORTANT, THIS DOCUMENT MUST BE SUBMITTED VNI I H BIU PKIL)FUSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 46 IFB# 0824200600 Sec. 3. The City. Clerk shall certify to ,the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I. hereby certify chat the foregoing oTdinamce Wassed by the Council of the City of Los Angeles, at its meeting of I Michael Carey, City Clerk By M&j . 4A .,.®,,.. Deputy Approved Mayor Approved as to Form and Legality JAMES K. RAHN, City Attorney By FREDERICK N. MERIM Senior Assistant City Attorney Said ordinance was presented to the Mayor on the Mayor returned said ordinance to the City Clerk on without his approval or his objections in writing, being more than ten after the same was presented to the Mayor. Said ordinance shall become effective and be as valid as is Mayor had approved and signed it. (See. 30, City Charter) iIVIF ORTAN ANT: I HS DOCUMENT MUST BE SUBMi I ! ED Wi I H BiD PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 47 IFB# 0824200600 4 ORDINANCE NO. .7 9 An ordinance adding subsection (g) to Section 10:36.2 of Article 10 of Chapter 1 of Division 10 of the Los Angeles Administrative Code to extend protections of the Service Contractor Wo*er Retention Ordinance to workers adversely affected by first-time contracting out. THE PEOPLE OF THE C1TY OF LOS ANGELES DO ORDAIN AS FOLLOWS: 10 I I Section 1. The Los Angeles Administrative Code is hereby amended by adding anew 12 subsection (g) to Section 10.36.2 to read as follows: 13 14 (g) If the City or a City %naacial assistance recipient euters into a service contract 15 for the performance of work that prior to the service contract was performed by the 16 City's or the recipient's awn service employees: the City or the recipient, as the case 17 may be, shall be deemed to be a "terminated contractor" within the meaning of this is section and the contractor under the service contract shall be deemed to be a 19 "successor contrame within the meaning of this section and section 10.36.3. iMPOKTAni T : THi3 00CUMEN i muS i t3r aubmi a't ku avit ti 81U PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 48 IFB# 0824200600 Sec. 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the fort tripg Ordinance Was gassed by the Council of the City of�Los Angeles, at its meeting of ��(; 15 1998 J. MICHAEL CAREY, CrI Y CLERK Deputy Approved DEC 2 � � � . Mayor Approved as to Form and Legality JAMES K. RAHN, City Attomey y FREDERICK N. MERKIN Senior Assistant City Attorney File No.y IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 49 IFB# 0824200600 ORDINANCE NO. 17 2 A 4 3 An ordinance amending sections 10.36.1(e) and 10.36.6 of -the Los Angeles Administrative Code to modify the treatment of City financial assistance recipients in the City's Service Contractor Worker Retention Ordinance: THE PEOPLE OF THE CITY OF LOS ANOELES DO ORDAIN AS FOLLOWS: Section 1. ins Angeles Administrative Code section 10.36.1(c) is hereby amended to read as follows: City financial assistance recipient' means any person that receives from the City in any twelve-month period discrete financial assistance for economic development or job growth expressly articulated and identified by the City totaling at least one hundred thousand dollars ($100,=X provided, however, that corporations organized under Section § 501(c)(3) of the United States internal Revenue Code of 1954, 26 U.S.C. 1501(ex3), with annual operating budgets of less than five million dollars ($5,000,000) or that regularly employ homeless persons, persons- who are chronically unemployed, or persons receiving public assistance, shall be exempt. Categories of such assisom include, but are not limited to, bound financing, planning assistance, tax ine ment financing exclusively by the City, and -tax credits, and shall not include assistance provided by the Community Development Bank. City staff assistance shall not be regarded as financial assistance for purposes of this article, Man. shall not be regarded as financial assistance. The *g0veness of a kmm shall be regarded as financial assistance. A loan shall be regarded -as financial assiimwe to the extent of any dilli tentiall between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. Sections 1274(d), 7872(f). A recipient shall not -be deemed to include lessees and sublessees. Service contracts for economic development or job growth shall be deemed such assistance once the $100,000 threshold is reached. IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 50 IFB# 0824200600 Section 2. Los Angeles Administrative Code § 10.36.6 is hereby amended to read as fellows: &rpendltures Covered by this Article. 'his article shall apply to the expenditure, whether through service contracts let by the City or by its financial assistance recipients, of funds entirely within the City's control and to other flmd.% such as -federal or state grant funds, where the application of this article is consonant with the laws authorizing -the City to expend such other funds. City financial assistance recipients shall apply this article to the expenditure of non -City funds for service contracts to be performed in the City by complying themselves with § 10.36.2(g) and by contractually requiring their service contractors to comply with this article. Such requim= shall be imposed by the recipient until the City financial assistance has been fully expended. Section 3. The City Clerk shah certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and .published in the City of Los Angeles. I herd of the Council of the at its zneetinw of certify that the forego Approved S£P 9 812M - Approvers as to Form. and Legality James K. Halm, City Attorney By FREDERICK N. MIRK14 Special Assistant City Attorney 403) introduced at the meeting y. ,and was passed J. bUCELA.IsiJL CAREY, CITY CLERK By Deputy IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 51 IFB# 0824200600 SUBCONTRACTOR DOC i CITY OF LOS ANGELES Office of the City Administrative Officer Contractor Enforcement Se6tion 200 North Attain Street, Room 1240 Los Angeles, CA 90012 Phone: (213) 978 7650 — Fax: (213) 978.7616 wwwJacity.org/coolcontractor_enforcernent SUBCONTRACTOR'S DECLARATION OF COMPLIANCE Service Contract Worker Retention Ordinance and the Li ring Wage Ordinance (Los Angeles Administrative codes Sections 10.36 et seq. and 10.37 et sect.) A subcontractor (including a sublessee, a sublicensee, or a service contractor to a City financial assistance f recipient) that works on or under the authority of an agreement subject to the Service Contractor Worker Retention Ordinance (SCWRO) and Living Wage Ordinance (LWO) must comply with all applicable provisions of j the Ordinances unless spedfcally approved for an exemption. In general, the SCWRO requires that, In case of a successor service contract, a successor prime contractor and its subcontractors shall retain for a 90-day transition employment period, certain employees who have been employed by the terminated prime contractor and Its subcontractor, f any, for the preceding 12 months or longer. The basic requirements of the LWO obt:gate prime 1 contractors and subcontractors: 1 (a) To pay covered employees a wage no less than the minimum Initial compensation of $8.53 per hour (adjusted July 1, 2003) with health benefits, as referred to In (c) below, or otherwise $9.78 per hour (adjusted July 1. j 2003), Such rates shall be adjusted annually and shall become effective July 1; (b) To provide at least 12 compensated days off per year for sic leave, vacation or personal necessity at the employee's request, and at least 10 additional days per year of uncompensated time off; (c) Where so elected under (a) above, to pay at least $1.25 per hour -per employee toward the provision of health benefits for the employees and their dependents; (d) To inform employees making less than $12 per hour of their possible right to the federal Earned Income Tax Credit (EITC) and make available the forms required to secure advance EI TC payments from the employer, (e) To permit access to work sites for authorized City representatives to review the operation, payroll and related I documents, and to provide certified copies of the relevant records upon request by the City; and, (f) Not to retaliate against any employee claiming non-compliance with the provisions of these Ordinances and to comply with federal law prohibiting retaliation for union organizing. A prime contraG�ar i3 responsible for ensuring that each subcontrat�or complies with the SCWRO and LWO, Including reporting requirements. As part of the reporting requirements, each subject subcontractor must sign and submit this Declaration of Compliance to the Office of the City Administrative Officer within 90 days of execution of the subcontract. By signing this Declaration of Compliance, the subcontractor certifies that it will comply witty all applicable provisions of the SCWRO, LWO, and their Implementing Rules and Regulations, including any amendments or revisions to the Ordinances and Regulations. If a subcontractor falls to complete and submit this form to the Offlee of the City Administrative Officer, the pTI*e contractor may be deemed to be in vlolatlon of the LWO and SCWRO for failing to ensure its subcontractor's compliance with the Ordinances. This may result In withholding of payments due the prime contractor, or termination of the prime contractor's agreement with the City. Check box gV y if applicable: ®1 certify under penalty of perjury that 1 do not have any employees earning less than $15 pef hour working on this City agreement. Company lame Comp" Addres9v + 2j• �T �A�1 ROW s ic Ni`4iy '3:�►Y i i �Iv►d r,ravl.�.®NTS lac, .440 V145A CA12-L Signedn of Omar orAuMwr1zW ReprownUfte Type or Print me and We Date .e S Z -- 3 ..o Type of Service Prokided by Subconlraft Name of Prime CoMMCW Contras umber atT,��� 1.�� Aef�3S ►s '' SV ,Zoo &00 Form CAO/Lw•5, Rev. QW03 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 52 1FI3# 0824200600 SCWROICFAR CITY OF LOS ANGELES Office of the City Administrative Officer Contractor Enforcement Section 200 North Main Street, Room 1240, Los Angeles, CA 90012 Phone: (213) 978-7650 — Fax: (213) 978-7616 SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (SCWRO) CITY FINANCIAL ASSISTANCE. RECIPIENT ("CFAR") APPLICATION FOR NOWCOVERAGE OR EX MP ON A City financial assistance recipient (CFAR), as defined In Los Angeles Administrative Code Section 10.36.1(c), may apply for non -coverage or exemption If they meet the criteria.described below. Under LAAC 10.36.1(c), a CFAR means any person that receives from the City in any one year discrete financial assistance for economic development or job growth totaling at least $100,000. Service contracts for economic development or job growth are also deemed to be financial assistance once the $100,000 threshold is reached. Company Name: Phone: Contact Person: Company Address: City: State: Zip: Department Awarding Financial Assistance: Number of Contracts with the City of Los Angeles: (Attach a fist identifying the awarding department, contract amount, contract term, and contract purpose:► Please check the box indicating the exemption for which you are applying and follow the instructions. O Exemption 1: A corporation organized under Section 501(cx3) of the United States Internal Revenue Service Code, that regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance may apply for this exemption. To qualify: Read and sign the statement that follows. Submit this form and a copy of your IRS 501(c)(3) letter to the awarding department, who will then review it and submit it to the Office of the City Administrative Officer for final approval. I certify under penalty of perjury that this corporation regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance. Signature: Date: ❑ Exemption 2: A corporation organized under Section 501(c)(3) of the United States Internal Revenue Service Code, with an annual operating budget of less than five million dollars ($5,000,000) may apply for this exemption. To qualify: Submit-thls form, a copy of your IRS 501(c)(3) letter and a copy of your operating budget for the current fiscal year to the awarding department, who will then review it and submit it to the Office ofthe City Administrative Officer for final approval. AWARDING DEPARTMENT'S RECOMMENDATION: Approved: Not Approved: Date: Department Contact: Phone: FOR CAO USE ONLY - .Approved: Not Approved (See Attached): Analyst: Dater Forth CAOISCwRO-1, Rev. 12131102 IMPUK I AN 1 : l HIS UUI:UMtN1 mu$ I bE SUbMI'1'1 tU lnll'l H blU 1111UPUSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 53 IFB# 0824200600 EXHIBIT 3 CERTIFICATION REGARDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The undersigned certifies, .that to the best of his/her knowledge and belief, that:. I. The ContractorBorrowedAgency (hereafter Contractor) Is In compliance with and will continue to comply with the Americans with Disabilities Act 42 U.S.C.12101 Il wZ and Its implementing regulations. 2. The Contractor will provide for reasonable accommodations to allow qualified Individuals with disabilities to have access to and' participate in Its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. 3. The Contractor will not discriminate against persons with disabilities nor against persons due to their relationship or association with a person with a disability. 4. 'The Contractor will require that the. language of this certification be included In' the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative Contracts) and that all subreciplents shall certify and disclose accordingly. 5. This certification is a material representation of fact upon which reliance was placed when the parties entered Into this transaction. Contract NUMBER 5Z3 32— CONTRACTOR/BORROWER/AGENCY =N7%C*1Ci3:X J8N✓IitANMF"32&J TSSL16 &L!5—,,_aNL r NAME AND TITLE OF AUTHORIZED REPRESENTATIVE "V. 10/02 IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 54 —Ar 02/13/2007 10:50 FAX 310834477' Feb 13 2007 lOtOIRM 114'i,RITY EMVIR. ®�a���t95822 CERTIFICATION Rt mAI WI491 MPLII��tM WITH THE AM1314 CANS V#01 1111SiGlL•ff110 ACT YN unawalped csrtlfW, that 10 tha boa 4 hear' k WW1WAP l d trsllO. thatt ® 003/017 p.3 IFOO + 10242OD60o I. "m(;snb vde aOApa W {heisaftetr 64ntr 0W) Iwin OWPpOIX=' O *' M and will tinue44•Oam*with fife Awsrlcans'wlth Olea s Aot 42 tIAK0. 1210firk ,tl. and Itsa Irrlplserli�rdtnq refutations. '' ' , 2. Tim' Contractor will, provide for rewo ,Oleo rito�atIons to allow quolth hldif�idelels W tii dlaablgtlde bo hivii lea— fdih' titiolpats t� its.pr4f*m% somicas avid a4xMilma In aoscordanare with the provtalons of the Arrler1cone vAth DUablllooe Aet•. 3. ThO OV r'*a not 'dlaorli inato ismainsk persopta-W.Oh dldalbllli,las ne►avalrof psroons pl "a to UMi raletlanehlp or.tlssoclatlon w* 0 peraola .W41% a d11a 1lltP. 4. The t�pstar W1Istiattllg lae�Qf ifts rh by nl`de,419; thn Word acamen for ep eubawards a! all- ors (Inolvdlrrp duiboontftotlt®manta/and esntrealvwMer grants, loans and aoopofal e•Contractsj and thot 611 "broWplenta shall certify and dAselose.acvordIngly.•' 51 This cerI:Ift4tleair'tt#' a maul reprahwntaUen of faro uorm which rpllanoo a plocad when the psirtlee &Mired Into this transaction. Contr;0ot NUMBER :SGb a���ybo600 - oQloli Avrowe0RftGwts2"Mey NAIL JWI TEE QF ( ®R, �L•1l�V / I.+�a�l Imeollu u'. TFI18 DOCUMENT 01 By BE aft D NO am PROPO At Monitoring Services kr Aebaetee, l aed Pe1nl and Mold Abatement Page 5 443 IFB# 0824200600 CITY OF LOS ANGELES Department of General Services Construction Forces Division CONTRACTOR CODE OF CONDUCT The City of Los Angeles has long supported the premise that employers should fairly compensate employees, that the health and safety of workers should be protected, and that no form of discrimination or abuse should be tolerated. Experience indicates that laws and regulations designed to safeguard basic tenets. or ethical business practices are disregarded in some workplaces, commonly referred to as "sweatshops." In its role as a market participant that procures equipment, goods, materials and supplies, the City seeks to protect its interests by assuring that the integrity of the City's procurement process is not undermined by contractors who engage in sweatshop practices and other employment practices abhorrent to the City. When the City inadvertently contracts with these contractors, the City's ethical contractors are places at a distinct competitive disadvantage. Many times ethical contractors are underbid by unscrupulous contractors in competition for City contracts. These ethical contractors may be dissuaded from participating in future procurement contracts. The City's proprietary contracting interests are served by doing business with contractors who make a good faith effort to ensure that they and their subcontractors shun sweatshop practices and adhere to workplace and wage laws. Seeking to protect these municipal interests, the City requires that all contractors subject to the Sweat -free Procurement Ordinance certify that they and, to the best of their knowledge, their subcontractors will comply with the City's Contractor Code of Conduct and to promise the following: a) To comply with all applicable wage, health, labor, environmental and safety taws, legal guarantees of freedom of association, building and fire codes, and laws and ordinances relating to workplace and employment discrimination. b) To comply with all human and labor rights and labor obligations that are imposed by treaty or law on the country in which the equipment, supplies, goods or materials are made or assembled, including but not limited to abusive forms of child labor, slave labor, convict or forced labor, or sweatshop labor C) To take good faith measures to ensure, to the best of the contractor's knowledge, that the contractor's subcontractors also comply with the City's Contractor Code of Conduct. d) To pay employees working on contracts for garments, uniforms, foot apparel, and related accessories a procurement living wage, meaning for domestic manufacturers a base hourly wage adjusted annually to the amount required to produce, for 2,080 hours worked, an annual income equal to or greater than the U.S. Department of Health and Human Services most recent poverty guideline for a family of three plus an additional.20 percent of the wage level paid either as hourly wages or health benefits. For manufacturing operations in countries other than the United States, a procurement living wage which is comparable to the wage for domestic manufacturers as defined above, adjusted to reflect the country's level of economic development by using the World Bank's Gross National Income Per Capita Purchasing Power index. CERTIFICATION UNDER PENALTY OF PERJURY II certify under penalty of perjury under the laws of the State of Califomia that I have read and understood the City's Contractor Code of Conduct and agree to comply with its requirements. �A oism.."v I ame (Please F f Company Ni V4 v; ress ''A'S.12o will:.-30i 2A 3 -Q7 Date Titie �_Sj;TX4 aao (q-%SaL -1$1'- IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID FRUPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 55- A, 02/13/2007 10:51 FAX 310834477" @ 0041017 Feb 13 2007 10:01Rh YMTtRITY EMVIR. 9495..®5922 p.4 IFS# 032-1200600 CM OF LOS ANGELES Departmgnt of General Services Construction Fare" Olvlslon CONTRACTOR CODE OF CONDUCT The City of Los Angeles has long supported the premiss that arrtployem should fairly compenseb., ernployess, that ft health and sa%ty of workers should be protected, and that no form of discrimination a• abues should be fotarated. Experience indicates that laws and regulattons designed to s®tepuard beel., tenets, at ethical business practices are disregarded In some workplaces, commonly referroo to a•; "sweatshops." In !te role as a market parw0ant that pmouras equipment, goods, materials and suppnes, the City seeks t, ► protect its Interests by assuring that the Integrity of the Cltys procurement process Is not undermined lot contractors who eraege In sweatshop prootlm and other employment practices abhorrent to the C14 When the City inadvertandy contracts with these contrador% the Cttys ethical contractors are places at •+ dlstrnct pornphdUve dlsadvantope. Many Hines ethical Contractors ere underbid by unsompulaus contractor? In competition for City Contracts. These ethical contractors may be dissuaded from particlpaling in fulur•s procurement Contracts. The Clty's proprietary contracting Interests are served by doing business with contractors who make a good (alth effort to ensure that they and their subcontractors shun sweatshop practices and adhere to workplao-) and wage laws. Seeking to prated these municipal Interests, the City requires that all contractors subject t i the Sweat -free Procurement Ordinance e®rdty that they and, to the best of their lmowledg% their eubcontreetore will comply with the City's Contractor Code of Conduct and to promise the following: a) To comply with all applicable wage, health, labor, environmental and safety taws, legul guarantees of freedom of assodstlon, building and fire codes, and laws and ordinances reletln ) to workplace and employment discrimination, b) To oompfy with all human and tabor rights and labor obligaflons that are Imposed by treaty or Isw on the country to which the equipment, supplies, goods or materials are made or assembled, including but not limited to abusive forms of child labor, stove tabor, convict or forced labor, c r sweatshop tabor e) To take good falth measures to ensure, to the best of the contractor's knowledge. that tt•ir contractor's subcontractors also comply with the Clty's Contmator Code of Conduct. d) To pay employees worldng an contracts for garments, uniforms, foot apparel, and related accessories a procurement Avtng wage, meaning for domestic manufacturers a base hour y wage adjusted annually to the amount required to produce, fbr 2,000 hours worked, an annu..rt Income equal to or greater than the U.8. Department of Health end Human Services most race. d poverty gultteflne for a femliy of three plus an additional 20 psrot6nt of the wage level paid either as hourly wages or health benefits. For rani dWing operations In countries other than ttia Unlbsd States, a procurement flving wage which Is comparable to the wage Ibr domestic manufacturers as donned above, edjustsd to reflect the couribys level of economic developme it by using the World Sank's Gross National Incorrue Per Capita Purchasing Power Inbex. CERTIFICATION UNDER PENALTY OF PERJURY 11 certify under penalty of perjury under the laws of the State of California that I have read at d understood the City's Contractor Code of Conduct and agree to comply with its requircmcnts. .1�el;;k x 4--o.? ice) 1i'�7OA) GfZP Z444.,f, fnA0� �l• Surlt:'.509' _ 310 - t?L/y Yfk Company Name Address Phone Number IMFQB T,_Ttf $ Vogul= must Be ausnn111112 gjl1 H dfu wau,Io8A,� Monitoring Serirlces for Asbestos, Lead Point and Mold Abstarriord Page 5A4 IFB# 0824200600 DEPARTMENT OF GENERAL SERVICES CONSTRUCTION FORCES DIVISION INFORMATION RELEASE FORM By signing below, I hereby authorize, without any reservations, any person or company I have listed as a reference in Iny bid proposal to disclose in good faith any information they may have regarding my qualifications for contracting. All information obtained will be in connection with proposals for contracted work. My authorization releases the Company, its agents, and all those who have provided information from any and all liability for damages arising from the investigation and disclosure of the requested information. By signing below, I agree not to assert any claims or causes or action of any kind against the City of Los Angeles. I further release and discharge the City of Los Angeles from any and all claims, demands, damages, actions, cause of action, or suits of any kind or nature arising from the City's investigations, i hereby acknowledge that I have read the above disclosure statement and have understood it. Name: M/kasa ap '>y2A�lDA$�1 Signature: 0..A g6&6=4=4 Firm's Name: V,pr;�4 e ENVI rou L `a w—TAMr.j , inr c. Title: Date: 13—c 7 Phone: tr4q) 5 QL P! gl1 Firm's Address: 015 uT' ® 5-4-ITC- z.tm 41'So Vim. e-/. 92JP 5 (. Street City State Zip IMI'Ult I AN'1 : 1 t115 UUUUMtN'1 MU51' BE Slltii`V I I EL) wi I H blu MUNUSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement rage 56 IFB# 0824200600 NOTICE TO PROSPECTIVE CONTRACTORS PERTAINING TO, NON-DISCRIMINATION IN EMPLOYMENT AND LIVING WAGE RATES A. In contractual proceedings where a notice inviting bids for the work, services, information or property required to be furnished or supplied to the City -or to be sold to the City is published either in accordance with Sections 371 of the Charter of said City or is otherwise published, such notice shall specify that the provisions of Section 10.8 through 10.8.6 hereof applicable to any such notice will be part of any contract awarded by the City pursuant to such notice. B. In contractual proceedings where a notice is not published as provided in subsection A, the contractor or contractors will be advised at the outset of negotiations that the provisions of subsection 10.8 through 10.8.6 hereof will be a part of any contract entered into by the City as a result of such negotiations. NON-DISCRIMATION CLAUSE — Required In All Contracts The contractor agrees and obligates himself/herself not to discriminate during the performance of this contract against any employee or applicant for employment because of the employee's or applicant's race religion, national origin, ancestry, sex, age, or physical handicap. All subcontracts awarded under this contract shall contain a like non-discrimination clause. LIVING WAGE RATES The California Labor Code requires that prevailing wages must be paid.for all air monitoring services. All personnel employed in actual construction on this project must be paid at least the prevailing wage for the craft in which they are working. Current prevailing wage rates may be obtained by contacting the Office of Contract Compliance at (213) 847-6480. Information on prevailing wages can also be obtained from the California Department of Industrial Relation's website at hftp://www.dir.ca.gov/DLSR/PWD. Pursuant to the provisions of the Labor Code of the State of Califomia, the general prevailing rate of wages for each craft, classification or type of workman needed in the execution of contracts under the jurisdiction of CFD shall be those rates as determined by the Director of the Department of Industrial Relations of the State of California. Copies of the applicable determinations by the said Director are on file in the said office of the said Board and are hereby incorporated and made a part hereof the same as though fully set forth herein. Copies of the said determinations may be obtained at, or by request to, the said office of said Board. In the event that the wage determination decision of the Director of Industrial Relations has been superseded by any subsequent wage determination decision(s) published up to and including 10 days prior to bid opening, the most recent applicable wage decisions shall be incorporated by reference, and the successful bidder agrees to be bound by it regardless of what is contained in the specifications. Contractor may be required to submit certified payroll records upon request by the City. � I:l'C� °LN�I��t"<�N'C� coN5v6..•�9� � rN�• Contractor or Company Name M - 7--is < o7 By: (Signature) Date IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Monitoring Services for Asbestos, Lead Paint and Mold Abatement Page 57,, 02/13/2007 10:51 FAX 310834477^ yFeb 13 2007 101CISM INThRITY EMVIR. 1A005/017 9435, 4922 p.5 IFI## 011•24200800 NOTICE TO PRtOSPECTME CONTRACTORS PIRTAIMG TO NON-DISCRUMNATION IN EMPLOYbMNT AND LIVING WAGS RA'>[ A. In contractual procesdings where a notice Inviting bids for the Work, services, Informalion or property required to be furnish*d or supplied to the City or to be sold to the City Is published either in accordance with Sections 371 of the Charter of sold City or is otherwise published, such notice: shall specify that the provisions of Section methrough 10.6.e hereof applicable to any such notice will be part of any contract awarded by the City pursuant to such notice. S. In contractual proceedings where a notice is not published as provided in subsection A, the contractor or contactors will be advised at the outset of negotiations that the provisions of suit action 10.8 through 10.6.6 hereof will be a part of any contracl entered Into by the City as a result of such negotiations. NO1N-D4SC1RIM.ATION CLAUSE e Required In All Contract* The contractor agrees and obligates himgelf/herself not to discriminate during the performance w this contract against any employee or applicant for employment because of the employee's or epplict nt's race religion, national origin, ancestry, sex, age, or physical handicap. All subcontracts awarded under this contract shall contain a like non-discriminstlon clause. LIVING WAGE RATES The California Labor Code requires that prevailing wages must be paid for all air monitoring se-vioes. All personnel employed In actual construction on this project must be paid at least the prevaillnc, wage for this craft in which they are working. Current prevailing wage rates may be obtained by can acting the Office of Contract Cornpilence at (213) 847.IM0. Information on prevailing wages can also be obtained from the Callromin Department of Industrial Relation's wabeito at htW.11Www.dIr.oa.gov/DLSR1PWD. Pursuant to the provisions of the Labor Code of the State of California, the general prevailing rate of wages for each craft, classification or type of workman needed in the execution of contrects undo r the jurisdiction of CFO shall be those rates as determined by the Director of the Department of indus-vial Relations of the State of California, Copies of the applicable determinations by the sold Director ire on file in the sold office of the said Board and are hereby incorporated and made a part hereof the same as though fully eat forth herein. Copies of the sold determinations may be obtained at, or by recit. oat to, the staid office of said Board. In the avant that the wage determination decision of the Director of Industrial Relations has boon superseded by any subsequent wage determination declsion(s) published up to and Includes 10 days prior to bid opening, the most recent applicable wage dedsions shall be incorporated by reference, and the successful bidder agrees to be bound by it regardless of whet is contained In the speciflactlot is. Contractor may be required to submit certified payroll records upon request by the City. or By: IMPUIS1 ANT.' I� E (d t' B P Mortltorlog Servloes for Astiestae. Lelad Paint and Mold Abatement page V -6 ♦ 4 FIRST AMENDMENT TO CONTRACT NUMBER C-112501 BETWEEN THE CITY OF LOS ANGELES AND INTEGRITY ENVIRONMEENTAL CONSULTANTS, INC. FIRST AMENDMENT to Contract No. C-112501, between the City of Los Angeles, a municipal corporation (hereinafter referred to as the "City"), acting through the Department of General Services, (hereinafter referred to as the "Department") and Integrity Environmental Consultants, Inc. (hereinafter referred to as "Contractor"), is entered into with reference to the following: WHEREAS, on or about October 17, 2007, the City entered into Contract No. C-112501 wherein Contractor agreed to provide the City monitoring services for asbestos, lead paint and mold abatement; and WHEREAS, the Contract provides for amendments; and WHEREAS, the City now desires to amend the Contract to exercise its option to extend the term of the Contract for an additional one year; and WHEREAS, the amendment is necessary and proper to continue or complete certain activities authorized under the Contract. NOW THEREFORE, the City and Contractor agree that the Contract be amended effective October 17, 2008 as follows: 1. Term of Agreement is hereby modified to read as follows: The term of this Agreement is October 17, 2007 to October 16, 2009. 2. In the event of an inconsistency between any of the provisions of the First Amendment, Contract No. C-112501 and/or attachments, the inconsistency shall be resolved by giving precedence in the following order: a. First Amendment b. Original Contract c. General Conditions (3/18/04) d. Master Specification (3/18/04) e. Bid Specification Summary No. 0824200600 f. Bid No. 0824200600 g. Contractor's Bid Except as amended by this First Amendment, all other provisions of Contract No. C-112501 shall remain in full force and effect. 4. This First Amendment is executed in four (4) duplicate originals, each of which is deemed to be an original. This First Amendment consists of two (2) pages. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date indicated by their duly authorized representatives. THE CITY OF LOS ANGELES, a Municipal Corporation BY: &LAI 1AM J TONY M. OYSTER General anger Department of General Services Date: t Approved as to form: INTEGRITY ENVIRONMENTAL CONSULTANTS, INC. a California Corporation BY: MASSOUD RAHDARI Principal Date: S —2-(-08 ATTEST: ROCKARD DELGADILLO, City Attorney KAREN E. KALFAYAN, City Clerk MWA OZ L�ity Taorney Date: City Business License Number: 0000427074 City Contract Number: C-112501-1 BY: Deputy City Clerk Date: I010-ke ; 4�i wtJ . 1 (� T LA CITY GEN SERVICES Nov 28 20m 10:08 P.02 November 27, 2006 IPB# 0824200600 CITY OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES CONSTRUCTION FORCES DIVISION ASBESTOS MONITORING SERVICES IF8# 0824200600 ADDENDUM1 Change: 1. On page 1 of the Invitation Letter for the Asbestos Monitoring Services project, replace all language under "Important Requirements" to the following: "Your company must have a Certified Asbestos Consultant, a California Site Surveillance Technician, a Lead Project Monitor and a Lead Risk Assessor working directly under a Certified Asbestos Consultant to perform the monitoring and documentation of work. Liability, Errors and Omissions and Workman's Compensation Insurances are also required." All other terms and conditions remain the same. r 'arie . de V(ra, Contract Administrator 13) 485-3779 Marie.deVera@lacity.org IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BID PROPOSAL Asbestos & Lead Appointment Serviced CITY OF LOS ANGELES DEPARTMENT OF GENERAL SERVICES CONSTRUCTION FORCES DIVISION MONITORING SERVICES FOR ASBESTOS, LEAD PAINT & MOLD ABATEMENT IFB# 0824200600 ADDENDUM December 13, 2006 IFB# 0824200600 • This addendum is being submitted along with a revised Invitation For Bid that reflects all the changes, omissions or additions. Please use the revised Invitation For Bid package for submission. All other terms and conditions remain the same. JITWIAM Marie . de Wrav, Contract Administrator DEC 18 2006 113) 485-3779 ..4ariedeVera@lacity.org IMPORTANT: THIS DOCUMENT MUST BE SUBMITTED WITH BIP PROPOSAL. Asbestos & Lead Appointment Serviced 12/18/2e65 13:44 2138474"4000 G5D COAST FORCED PAGE 02 CITY OF Las ANGELES DEPARTMENT OF GENERAL SERVICES CONSTRUCTION FORCES DIVISION MONITORING SERVICES FOR ASBESTOS, LEAD PAINT & MOLD ABATEMENT IFB# 0824200600 ADDENDUM3 December .16, 2006 Please note the following changes to the bid for the Monitoring Services for Asbestos, Lead Paint & Mold Abatement. Changes: 1. On Page 6 of the IFB, under "Minimum License Requirements," please replace "The American Industrial Hygiene, Association" to " State of California Division of Occupational Safety & Health." 2. On Page 10, under Line Item #1, please replace "American Industrial Hygiene Association" to "American Board of Industrial Hygiene." 3, On Page 74-111, please change the IFB# 1122200502 on the header to IFB#0824200600. All other terms and conditions remain the same. '&WAG Marie deVera, Contract Administrator (213) 485-3779 MarieDevera tacit .ors 16 IMPORTANT: THIS QQCUMENT MUST BE SUBMITTEQ WITH THE 11310 PRQPOSAI. 12/28/2006 1,8:10 213847a"1@00 65D COST FORCES PAGE 02 IFIB# 0824200600 CITY OF LOS ANGELES DEPARTMENT OF GENEO AL SERVICES CONSTRUCTION FORCES DIVISION MONITORING SERVICES FOR ASBESTOS, LEAD PAINT & MOLD ABATEMENT IF®# 0824200600 ADDENDUM 4 December 28, 2006 Change: 1. A new pre -bid meeting will take place on Thursday, January 4, 2007 at 9:30am for vendors who did not receive the letter for the pre -bid meeting previously held on November 30, 2006. This pre -bid meeting is not mandatory for vendors who previously attended the meeting on November 30, 2006; however, all vendors are invited to attend. 2. The bid opening has been changed to -Thursday, February 15, 2007 at 1pm. 3. Direct all questions concerning this bid to Martina L. White, Sr, Management Analyst. Her e-mail address is; Martina.Wh]te@Iacity.org. All other terms and conditions remain the same. — &-& LL Marie W. de Vera, Contract Administrator (213) 485.3779 Marie.deVera@lacity.org 1WRO TANXi Ms 2®c�M �SUBMI TEE YRM 1!R®PQsAL bestos & Lead Appointment Serviced