As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability
and, upon request, will provide reasonable accommodation to ensure equal access to its programs, services and activities. Assistive listening devices are available at the meeting; upon advance notice, other accommodations, such as sign language interpretation, and translation services can be provided. Contact the Executive Officer's office at 213-978-0262. TDD available at 213-978-2310.
An opportunity for the public to address the Board on public interest items will be provided for up to two (2) minutes per person for a cumulative
total of twenty (20) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Board. The Board may not take any action on matters discussed during the Public Comment period.
The Board will also provide an opportunity for the public to address the Board on agenda items before or during consideration of the item for up to
two (2) minutes per person for a cumulative total of up to ten (10) minutes.
Members of the public who wish to speak under Public Comments or on any agenda item are required to submit a speaker card to the Executive Officer
prior to the time the item is announced by the Chair for each item they wish to address. Speaker cards are available at the back of the Board Hearing Room. Failure to submit the speaker card in a timely manner may preclude a member of the public from speaking during the subject comment period.
VOTING AND DISPOSITION OF ITEMS - Items require a majority vote of the entire membership of the Board (3 votes) for approval.
Any member of the Board may move to reconsider any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening
event has deprived the Board of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to reconsider shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, meeting date and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of three members of the Board.
The Board rules provide that all items adopted by the Board will not be distributed or presented to the Mayor, or other designated office, until the
adjournment of the regular Board meeting following the date of the Board action. A motion to send an item forthwith , if adopted by three (3) votes, suspends these rules and requires the Board Secretariat to forward the matter to the Mayor, or other office, without delay.
Board of Public Works Meeting - August 15, 2018 - PAGE 2
1. AUTHORIZE the City Engineer to issue the task to Harris Associates, from the Pre-Qualified On-Call Consultants List to provide Planning,
Engineering Design Plans and Engineering Construction Support Services for the the 7th Street Improvement project, as stated in Task Order Solicitation No. 41, with a budget authority of 2,393,518.84, which includes contingency.
1. Copy of the Bureaus of Engineering (BOE) and Contract Administration (BCA) Joint Report No. 4, adopted on April 26, 2013, approving Matthew
Stewart Company, Inc. (MASCO), MNR Construction, Inc. (MNR), and Tomovich Associates (Tomovich) as the qualified, lowest bid price contractors and to authorize the President or two members of the Board of Public Works (Board) to execute signed Contract Agreements received from the three approved contractors.
Background On April 26, 2013, the Board awarded three identical SEWERS contracts to MASCO, MNR and Tomovich as the qualified, lowest bid price
contractors to establish the SEWERS5 Pre-Qualified Contractors List with a not-to-exceed cost ceiling of 20,000,000, and a contract duration of five years (Transmittal No. 1 ). On March 19, 2014, the Board authorized the City Engineer to transmit a Notice-of-Termination for Contract No. C-122085 with MNR (Transmittal No. 2). Two SEWERS5 contractors remain currently active on the SEWERS5 Pre-Qualified Contractors List.
On August 31, 2016, the Board authorized an increase in the cost ceiling of the SEWERS5 contract from 20,000,000 to 25,000,000 (Transmittal No. 3).
This increase was due to a backlog of projects caused by BOE's decision to stop issuing projects to the SEWERS4 contractor because of safety concerns, and an increase in projects requested by LASAN due to their extensive sewer assessment and maintenance programs.
Status of SEWERS5 Projects As of October 2017, 1 , 161 SEWE RS5 projects have been identified by LAS AN, of which, 54 have been canceled. The SEWERS5
Program has completed design and construction of 917 of these projects. Currently there are 22 projects in construction. The remaining 168 projects in design have been transferred to the SEWERS6 contracts which were awarded by the Board on November 3, 2017. In order to have sufficient funds to complete the construction of the remaining 22 projects and close-out SEWERS5, the contract ceiling needs to be increased from 25,000,000 to 26,000,000.
Background The Bureau of Sanitation (BOS) is responsible for the operation and maintenance of the City of Los Angeles (City) sewer system. Although
BOS typically performs preventive maintenance and repairs to the City's sewer system, many urgent necessity repairs are beyond the capacity of BOS maintenance forces due to the extent and complexity of the work required. It is essential to maintain the sewer system in operational condition through
This is a unit price contract which is intended for the repair of existing sewer lines by removal and replacement and rehabilitation by trench-less
methods. It is intended that this contract will be used for expedited repair of sewers as identified by the BOS during the on-going sewer assessment and maintenance program. This contract is an alternative to the time and material payment method normally used with emergency on-call contracts. The SEWERS contract provides a cost effective contracting method for removal and replacement and trench-less sewer rehabilitation projects. The contractors submit unit prices for each component of the expected work as outlined in the RFQ and subsequently submitted in their SOQs and are paid accordingly (Transmittal No. 1). Work will be issued to each of the three SEWERS5 contractors through a series of construction orders.
For each construction order, the City Engineer will select the contractor with the lowest quantity take-off (QTO) estimate. The City Engineer has
developed an electronic streamlined estimating program, for preparing these QTO estimates. For a given construction order scope of work, the City Engineer inputs a list of applicable bid items and respective bid item quantities into this QTO estimating program. The program generates a QTO-estimate for each contractor, as well as a price comparison summary for purposes of selecting the contractor with the lowest QTO estimate.
Each construction order will require final inspection and final field acceptance by the BCA Inspector. Upon completion of the SEWERS5 contract
duration, the contract will be presented to the Board for acceptance. The BOE will monitor and manage this contract. The not-to- exceed contract ceiling of this contract is 20,000,000 with a duration of five years.
On November 16, 2012, the Board authorized the City Engineer to advertise an RFQ to establish a SEWERS5 Contractor List (List) (Transmittal No. 2).
The Board additionally authorized the City Engineer to screen, numerically score, and rank the contractor submittals and to prepare and return a recommended list of qualified contractors to the Board for adoption and the execution of contracts. The RFQ was advertised on the City s Business Assistance Virtual Network (BAVN) on November 21, 2012. A mandatory Pre- Submittal (Pre-Bid) Meeting was held on December 5, 2012, with advance notification via BAVN. Nineteen contractors attended the Pre-Submittal Meeting. All Contractors that submitted SOQs attended the Pre-Submittal Meeting.
The SOQ review was performed by an evaluation team consisting of members from both the BOE and the BCA. Each team member independently scored the
contractor submittals in accordance with the selection criteria set forth in the RFQ. The submitted packages were evaluated for completeness and compliance with the mandatory submittal requirements such as: appropriate State Contractor licenses, bonding, and insurance capacity, experience with sewer and storm drain construction, contracting experience with the City, compliance with City standards, etc. The minimum qualifying SOQ package score is 75 percent. All qualifying SOQ packages were then ranked based on their lowest total bid amount as determined by the SOQ's Bid Evaluation Workbook (BEW).
All of the above contractors submitted a complete SOQ package indicating their technical qualifications and ability to perform urgent necessity
repairs of the City s wastewater collection system. In addition, each contractor has submitted an Affirmative Action Plan (AAP), which has been determined by the BCA to be in compliance with the City of Los Angeles requirements. Each contractor has submitted a Bidder s Work History and Qualifications Questionnaire accompanied by the Signature and Affidavit Sheet, in accordance with the
The SEWERS5 contract introduces a new method of compensating the Contractor for difficult site conditions that would otherwise be paid through the
costly time and materials construction method. This is accomplished by applying pay factors to the unit prices on a project-by-project basis as determined by the City Engineer when the Contractor performs work under various site conditions that adversely affect production rate such as working by hand, working at night, and working under difficult soil conditions. All SOQ submitters submitted pay factors as required by the RFQ s BEW. However, during the City s review of the contractors BEWs it became apparent that not all submitters understood the method in which the pay factors were to be applied to the final price as calculated by the BEW. Assistant City Attorney, Mr. Edward Jordan was consulted on February 6th, 2013 regarding this matter and approved the Engineer's recommendation to request clarification to the submitted pay factors from all five contractors. On February 8, 2013, the City Engineer sent letters to all SOQ submitters further clarifying the intent of the pay factors, as well as an opportunity for each SOQ submitter to provide clarification to their pay factors. All SOQ submitters responded by the deadline of February 15, 2013. The final bid amounts as shown in Table 1 above account for all SOQ submitters' clarifications to their submitted pay factors.
number of bids received, the range of prices submitted, as well as the anticipated scope of work for SEWERS5 projects, the City Engineer has
determined that the procedures outlined in the RFQ were not an accurate indication and assessment of the contractors submitted BEWs and recommends that the procedures for unbalanced bid determination be waived.
On November 16, 2012, the Board waived the Business Inclusion Program (BIP) Outreach Requirement as the emergency nature of the work does not lend
itself to subcontracting (Transmittal No. 2). Contractors are encouraged to solicit subcontractors whenever subcontracting opportunities exist. Should subcontractors be utilized, the Contractors will be held to the BIP requirements as stated in Transmittal No. 2.
City Ordinance No. 181910 adopted the Local Business Preference Program (LBPP). This Program is designed to increase local employment and
expenditures in the local private sector. Businesses that qualify as a Local Business Enterprise (LBE) may be granted an 8 percent advantage to their final bid price for bid evaluation purposes, such that the final bid price submitted by an LBE is decreased by 8 percent, giving the LBE a competitive advantage. The preference allowed by the Ordinance for the utilization of LBE subcontractors was not applied to the SEWERS5 evaluation process because actual subcontractor utilization could not be pledged until after the contracts are executed and construction orders are assigned for specific work. For this RFQ, staff verified that all firms that submitted SOQs are certified LBEs.
All Contractors participating in this program are subject to compliance with the requirements specified in the City of Los Angeles s Contractor
Responsibility Ordinance No. 173677 (Article 14, Chapter 1, Division 10, L.A.A.C.). Failure to comply with all the requirements specified in the Ordinance may render this bidder's contract subject to termination pursuant to the conditions expressed therein.
It is therefore recommended that Matthew Stewart Company, Inc., MNR Construction, Inc., and Tomovich Associates be offered a five year Contract for
signature and return to the Engineer, and that the President or two members of the Board be authorized to execute the three Contract Agreements. It is also recommended that none of the submitted SOQs be declared unbalanced due to the reasons stated above. The new five year Contract Agreements will take effect on the date that the Contracts are attested by the City Clerk and will expire five years from that date.
The nature of this work does not allow project specific appropriation at this time because the quantity of work that is capital or expense cannot be
predicted. The final determination of funding will be done on a project-by-project basis at the discretion of the Director of the Bureau of Sanitation or designee. The contract contains a Financial Liability Clause that states that the City s liability under this contract shall only be to the extent of the present City appropriation to fund the contract. However, if the City shall appropriate funds for any succeeding years, the City s liability shall be extended to the extent of such appropriation, subject to the terms and conditions of the contract.