CONTRACT SUMMARY D CHANGE ORDER NO. D NEW CONTRACT

Transcription

1 CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION ROOM 395, CITY HALL DATE: 8/28/2009 FROM (DEPARTMENT): BOARD OF PUBLIC WORKS CONTACT PERSON: DAVID P. CHANQUIN PHONE: CONTRACT NO.: C COUNCILFILENO: D NEW CONTRACT ADOPTED BY COUNCIL: 8/12/2009 [Z] AMENDMENT NO. 5 DATE D ADDENDUM NO. - APPROVED BY BPW: 6/10/2009 D SUPPLEMENTAL NO. DATE D CHANGE ORDER NO. CONTRACTOR NAME THE PORTICO GROUP TERM OF CONTRACT: 12/15/2009 THROUGH: TOTAL AMOUNT: $97, PURPOSE OF CONTRACT: TO INCREASE THE COST CEILING BY $97,414.00, AND EXTEND BY 14 MONTHS THE CONTRACT WITH THE PORTICO GROUP FOR ARCHITECTURAL AND ENGINEERING DESIGN CONSULTANT SERVICES FOR THE LOS ANGELES ZOO PACHYDERM FOREST EXHIBIT AND GOLDEN MONKEY EXHIBIT PROJECTS NOTE: CONTRACTS ARE PUBLIC RECORDS SCANNED AND UPLOADED TO THE INTERNET

2 Contract No. C AMENDMENT NO.5 CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE PORTICO GROUP FOR ARCHITECTURAL DESIGN CONSULTANT SERVICES FOR THE LOS ANGELES ZOO PACHYDERM FOREST PROJECT AND THE GOLDEN MONKEY EXHIBIT PROJECT

3 TABLE OF CONTENTS ARTICLE 1A SECTION HEADINGS 5 ARTICLE 1B DEFINITIONS 5 ARTICLE 2 PROJECT DESCRIPTION 5 ARTICLE 3 SERVICES TO BE PERFORMED BY THE CITY 5 ARTICLE 4 SERVICES TO BE PERFORMED BY THE CONSULTANT 5 ARTICLE 5 TERM OF AGREEMENT 7 ARTICLE 6 COMPENSATION, INVOICING AND PAyMENT 7 ARTICLE 7 TIME PERIODS FOR COMPLETION OF CONSULTANT'S SERVICES 11 ARTICLE 8 SUBCONSULTANTS 11 ARTICLE 9 MBEIWBE AND OTHER BUSINESS OUTREACH REQUIRMENTS 12 ARTICLE 10 NONDISCRIMINATION AND AFFIRMATIVE ACTION ARTICLE 11 CONTACT PERSONS, ADDRESSES, AND NOTIFICATION 12 ARTICLE 12 BUSINESS TAX REGISTRATION CERTIFICATE (BTRC) 12 ARTICLE 13 INDEMNIFICATION AND LIABILITY 12 ARTICLE 14 WARRANTY AND RESPONSIBILITY OF CONSULTANT 12 ARTICLE 15 TERMINATION 12 ARTICLE 16 OWNERSHIP OF DATA 12 ARTICLE 17 AUDIT PROVISIONS 12 ARTICLE 18 INDEPENDENT CONTRACTORS 13 ARTICLE 19 APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT 13 ARTICLE 20 MODIFICATIONS 13 ARTICLE 21 SUCCESSORS AND ASSIGNS ARTICLE 22 DISPUTES 13 ARTICLE 23 THE ENTIRE AGREEMENT 13 ARTICLE 24 FORCE MAJEURE 13 ARTICLE 25 CLAIMS FOR LABOR AND MATERIALS 13 ARTICLE 26 EQUAL BENEFITS ORDINANCE 13 ARTICLE 27 SLAVERY DISCLOSURE ORDINANCE 14 ARTICLE 28 CONTRACTOR RESPONSIBILITY ORDINANCE 14 ARTICLE 29 LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE 14 ARTICLE 30 CHILD SUPPORT ASSIGNMENT ORDERS 14 ARTICLE 31 AMERICANS WITH DISABLITIES ACT 14 ARTICLE 32 WAIVER ARTICLE 33 - PROHIBITION AGAINST ASSIGNMENT OR DELEGATION 14 ARTICLE 34 PERMITS 14 ARTICLE 35 - SEVERABILITy 14 ARTICLE 36 BONDS ARTICLE 37 - DISCOUNTS 15 ARTICLE 38 - BREACH 15 Page 2 of 16

4 EXHIBITS EXHIBIT A - PROFESSIONAL DESIGN SERVICES SCHEDULE EXHIBIT B - PROJECT SERVICES HOURLY FEE SCHEDULE EXHIBIT C - MBEI WBEI OBE UTILIZATION PROFILE EXHIBIT 0 - INSURANCE REQUIREMENTS EXHIBIT E - CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS EXHIBIT F - CERTIFICATION OF COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT EXHIBIT G - CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE Page 3 of 16

5 AMENDMENT NO.5 TO THE CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE PORTICO GROUP FOR THE LOS ANGELES ZOO PACHYDERM FOREST AND GOLDEN MONKEY EXHIBIT PROJECTS. This Amendment modifies the Agreement executed on December 12, 2000 between the City of Los Angeles, Department of Public Works (hereinafter referred to as "CITY") and The Portico Group (hereinafter referred to as "CONSULTANT") for the Los Angeles Zoo and Botanical Gardens. WITNESSETH WHEREAS, after conducting a competitive selection process, the CITY selected and entered in to a Design Services Agreement with the CONSULTANT on December 12, 2000; and WHEREAS, the CONSULTANT is currently providing the architectural and engineering design services and design services during construction for the new Pachyderm Forest Exhibit and the Golden Monkey Exhibit and has the experienced personnel to provide the said services; and WHEREAS, the CONSULTANT meets the State requirements to perform professional architectural and engineering work as required in the Professional Architects Act and Professional Engineers Act; and WHEREAS, the CONSULTANT has signified its willingness to perform professional consulting services necessary for the Project in accordance with applicable Federal, State and Local Laws, Ordinances and Regulations; and WHEREAS, services to be provided by CONSULTANT are of an expert and technical nature and are temporary and occasional in character; and WHEREAS, the Bureau of Engineering of the City of Los Angeles, Department of Public Works (hereinafter referred to as "BUREAU"), is the Program Manager, and oversees the CONSULTANT'S performance of this Agreement; and WHEREAS, Amendment No.1 was executed on February 18, 2004, increasing the original Agreement from $1,237,000 to $1,913,810; and WHEREAS, Amendment No.2 was executed on December 7,2005, increasing the original Agreement from $1,913,810 to $1,938,810; and WHEREAS, Amendment No.3 was executed on December 7, 2005, increasing the agreement term from December 11, 2005 to December 15, 2008; and WHEREAS, Amendment No.4 was executed on February 6, 2007 increasing the original Agreement from $1,938,810 to $4,232,000 and extending the term of this Agreement from December 15, 2008 to December 15, Page 4 of 16

6 WHEREAS, the BUREAU and CONSULTANT have agreed to the construction schedule and additional services for the Pachyderm Forest Exhibit Project and that fees of $97,414 will be added to the contract cost ceiling to provide for such additional services, increasing the amount of this Agreement from $4,232,000 to $4,329,414; and WHEREAS, the BUREAU and CONSULTANT have acknowledged that the term of the existing contract as amended is inadequate to complete the Pachyderm Forest Exhibit, as a result the BUREAU and CONSULTANT have agreed to extend the term of this Agreement from December 15, 2009 to February 15, WHEREAS, CITY desires to retain CONSULTANT to provide the required architectural, engineering, and technical services in connection with the Project as outlined herein; NOW, THEREFORE, in consideration of the promises, covenants, and agreements hereinafter set forth, the parties hereby agree to this Amendment as follows: ARTICLE 1A - SECTION HEADINGS ARTICLE 1B - DEFINITIONS ARTICLE 2 - PROGRAM DESCRIPTION Add the following to Article 2.1.A: 12. Construction shall be performed by multiple contractors due to the construction phasing requirements caused by having the Zoo's elephant remain in the existing elephant facility during the construction. ARTICLE 3 - SERVICES TO BE PERFORMED BY THE CITY. ARTICLE 4 - SERVICES TO BE PERFORMED BY THE CONSULTANT Replace first paragraph and Article 4.A with: The CONSULTANT shall provide all aspects of design and construction administration services, as described under SUbsection K, "Project Phases" for Stage I and Stage III of the Project and programming, schematic design and rendering services, as described below under subsections K1, K2 and K3 for Stage II of the Project. CONSULTANT shall perform such work with a degree of skill and diligence normally employed by professional architects, engineers or consultants performing the same or similar services. It is intended that the CONSULTANT prepare complete construction documents to build a new monkey exhibit with a cost of construction not to exceed $4.0 million and prepare complete construction documents to build a new elephant exhibit with a cost of construction not to exceed $34.8 million. Page 5 of 16

7 4.A. The CONSULTANT shall allocate staff and provide all necessary equipment and supplies to perform the complete design of the Pachyderm Forest Project as described in Article 2 of this Agreement. 4.A.1. CONSULTANT designates the following persons to implement the work and shall not change personnel assigned to these positions without consent and approval of the CITY's Program Manager: Principal Chuck Mayes (Professional Architect) Timothy Nicoulin (Admin. Contact) Portico Group Project Staff Keith McClintock Fred Redmond Bronwen Carpenter Megan Nielsen-Hegstad Portico Group Exhibit Designers John Sawnson Richard Larson Jill Keller Portico Group Interpretive Graphics Paul Stromdahl Jeff Hurley Wing Fong Portico Group Associate Architect Bob Keeler Duane Fisher Langdon Wilson Evaluation Consultant Jessica Brainard Randi Korn & Asso. Life Support Engineer Terry Johnson Enartec/TJP Civil Engineer Tricia Johns KPFF Structural Engineer Ron Hartman KPFF Electrical Engineer Paul Ericson Syska Hennessey Mechanical Engineer Tsuchiyama, Kaino Sun & Carter Architectural Rendering Barbara Worth Ratner Scott Taylor Cost/PM Consultant Graphics Consultants Bluewater Project Management, LLC Oppenheim Lewis Adriana Enriquez - Spanish Translation Hiroko Tsuji Illustration Laura H. Firth Markley Rembrandt Graphics Superior Electrical Advertising Design Consultant Feng Shui Architects 4.A.2. CONSULTANT shall provide corrective services without charge to the CITY for services, which fail to meet the above standards, and which are reported to CONSULTANT in writing within sixty days of discovery. The CONSULTANT shall also provide re-design and/or value engineering work with no cost to CITY should the estimated cost of construction of CONSULTANT's completed work results beyond the limit. Should the Page 6 of 16

8 CONSULTANT fail or refuse to perform promptly its obligations under this warranty, the CITY may render or undertake the performance thereof and the CONSULTANT shall be liable for any expenses thereby incurred. Add the following to Article 4: 4.L. Additional Services Authorizations (ASAs) are mutually agreed services needed to complete tasks or milestones identified in Article 4. The CITY shall issue the ASA in writing. The cost of each ASA shall be negotiated. The CITY shall compensate the CONSULTANT on a lump sum basis upon satisfactory completion of the Additional Services Authorization. The total payments for ASAs shall not exceed the amount described in Article 6.2. ARTICLE 5 TERM OF AGREEMENT Add the following paragraph to Article 5: This Fifth Amendment shall extend the existing term from the date the Agreement expires on December 15, 2009 to February 15, 2011 unless terminated sooner as provided in Article 15. ARTICLE 6 COMPENSATION, INVOICING AND PAYMENT Replace Article 6.2 as follows: 6.2. Compensation CONSULTANT agrees to perform the work specified in Article 4 and CITY shall compensate CONSULTANT on a Lump Sum basis. This lump sum payment includes salary, fringe benefits, overhead, profit and all other expenses incurred by the CONSULTANT. The total cost ceiling for this Agreement is $4,329, A. For all the CONSULTANTs basic services, a fee of $3, will be paid to the CONSULTANT based on Construction Cost of $34,800,000 including Construction Cost Escalation, Overhead and Profit at midpoint of construction for the Pachyderm Forest project. 6.2.B. For all the CONSULTANTs basic services, a fee of ~621,OOO will be paid to the CONSULTANT based on Construction Cost of $4,000,000 including Construction Cost Escalation, Overhead and Profit at midpoint of construction for the Golden Monkey Exhibit project. 6.2.C. The cost of the CONSULTANTs Design Services set forth in this Section may be adjusted, but not reduced unless due to reduction in scope of the Pachyderm Forest Project, based on the Adjusted Construction Cost Budget computed upon the completion of the Design Development Phase, provided by the CONSULTANT and approved by the City Engineer. Reduction of the cost of the CONSULTANTs Design Services shall only be to that scope of work not already performed. Unexpended funds allocated for one task may be used for another task as long as the Total Cost Ceiling of this Agreement is not exceeded. Such reallocation of unexpended funds must have prior written approval from the City's Page 7 of 16

9 Program Manager. 6.2.D. The CITY also agrees to pay the CONSULTANT for Reimbursable Expenses incurred by the CONSULTANT directly attributable to the projects only with prior written approval by the City Engineer. Such Reimbursable Expenses shall be the actual cost or actual amount paid to the vendor or supplier. Reimbursables shall include reproduction costs and mail/delivery costs in addition to submittals listed in Article 4 and Exhibit A and travel authorized by the City Engineer. The CONSULTANT shall not be entitled to any mark-up on reimbursable expenses. Total Reimbursable Expenses shall not exceed $180, E. Payments shall be made upon the satisfactory completion of the tasks or milestones as shown in the Fee Breakdown below. PACHYDERM FOREST EXHIBIT FEE BREAKDOWN DESCRIPTION OF WORK FEE % 1 Programming & Schematics A. After programming workshops and submission of $ 122,000 documents required in Article 4 and Exhibit A B. Expansion Concept & Brochure $ 22,286 Subtotal: $ 144,286 4% 2 Schematic Design Phase A. 50% Schematic Design - after submittal and $ 120,000 presentation of schematic design documents and application to Cultural Affairs B. 100% Schematic Design - after acceptance of $ 120,000 Schematic Design by the Zoo and the City Engineer Subtotal: $ 240,000 7% 3 Design Development Phase A. Acceptance of Stage I $ 235,000 B. 30% Design Development - after submitting initial $ 147,000 Design Development Documents C. 60% Design Development - after Final Approval $ 126,000 from Cultural Affairs D. 100% Design Development - after acceptance by the $ 147,000 City Engineer of Design Development work and submittal of renderings E. Interpretive Planning and Evaluation - after $ 44,000 acceptance of report Subtotal: $ 699,000 20% 4 Construction Document Phase A. Acceptance of Stage I and Thai Viewing Structure $ 745,860 B. Submit 25% Construction Documents $ 168,000 C. Submit 50% Construction Documents $ 168,000 Page 8 of 16

10 Submit 75% Construction Documents $ 168,000 Submit 100% Construction Documents for $ 168,000 constructability review and B & S Plan Check D. 100% Bid Documents - after completion and $ 168,000 acceptance of 100% Construction Documents, corrections and receipt of all B & S Plan check approvals Subtotal: $ 1,585,860 46% 5 Bid and Award Phase Upon issuance of a Notice-to-Proceed to a qualified $ 82,725 2% Contractor 6 Construction Administration A. CA Fees for Demolition and initial work on Stage I $ 158,311 B. CA Fees for Pachyderm Forest Exhibit Phase I and $ 180,000 Phase II construction - divided into 9 equal payments of $20,000 per month. C. CA Fees for Pachyderm Forest Exhibit Phase III $ 336,000 construction - divided into 18 payments made after each month of service and paid as follows: 1. Month 1 thru 15 at $20,000 per month 2. Month 16 thru 18 at $12,000 per month Subtotal: $ 674,311 20% 7 Record Drawings Upon completion and acceptance of submittal by the $ 40,818 1% City Engineer SUBTOTAL PACHYDERM FOREST BASE FEES: $ 3,467, % 8 Additional Services Authorization Not-to-exceed amount is for work directly attributable to the project and only payable upon written approval of the City Engineer. A. ASA #1 - Elevator at Barn $ 27,939 B. ASA #2 - Thai-Viewing Building re-plancheck $ 5,475 C. ASA #3 - Using two contractors to complete $ 28,000 construction Subtotal: $ 61,414 9 Reimbursables $ 159,158 Not-to-exceed amount is for expenses directly attributable to the project and only payable upon written approval of the City Engineer. Expenses related to travel must follow the City's Travel Policies and Procedures TOTAL PACHYDERM NOT-TO-EXCEED FEES: ~ 3,687,572 Page 9 of 16

11 GOLDEN MONKEY EXHIBIT DESCRIPTION OF WORK FEE % 1 Programming After programming workshops and submission of $ 59,079 10% Design Program Document 2 Schematic Design Phase After Design workshops and acceptance of $ 37,614 6% Schematic Design 3 Design Development Phase Acceptance of Design Development Design $ 78,606 13% Documents 4 Construction Document Phase 100% Bid Documents - after completion and $ 192,168 31% acceptance of 100% Construction Documents and receipt of all B & S Plan check approvals 5 Bid and Award Phase Upon issuance of a Notice-to-Proceed to a qualified $ 20,000 3% Contractor 6 Construction Administration A. CA Fee divided into 14 equal payments made after $ 168,000 each month of service - $12,000 per month B. Interpretive Graphics - upon delivery of graphic $ 50,000 signage Subtotal: $ 218,000 35% 7 Record Drawings Upon completion and acceptance of submittal by $ 15,533 2% the City Engineer SUBTOTAL GOLDEN MONKEY EXHIBIT FEES: $ % 8 Reimbursables $ 20,842 Not-to-exceed amount is for expenses directly attributable to the project and only payable upon written approval of the City Engineer. Expenses related to travel must follow the City's Travel Policies and Procedures GOLDEN MONKEY EXHIBIT TOTAL: $ TOTAL CONTRACT CEILING: $ 4,329, F. The CITY shall not be obligated to reimburse CONSULTANT for costs incurred in excess of the total cost ceiling set forth above unless amended, changed or modified in accordance with the terms stipulated in Article G. The CITY's liability under this contract shall only be to the extent of the Page 10 ofj6

12 present appropriation to fund the Agreement. No action, statement, or omission of any officer, agent, or employee of CITY shall impose any obligation upon the CITY, such officer, agent, or employee, except to the extent CITY has appropriated funds and otherwise in accordance with the terms of this Agreement. 6.2.H. CONSULTANT and the CITY agree that no indebtedness for work performed which results in costs under this Agreement shall arise against CITY until and unless there is an appropriation of funds to pay for such work. However, if the CITY appropriates funds for any successive fiscal years, the City's liability shall be extended to the extent of such appropriation subject to the terms and conditions of this Agreement Costs incurred by the CONSULTANT prior to the actual date of full execution of this Amendment shall only be payable to CONSULTANT if said costs were incurred in completing any task specifically authorized by this contract and said costs are reviewed and approved by the CITY as detailed in Article 4 above and said approval for payment occurs after this Amendment is fully executed. 6.2.J. If the BOARD does not award a contract for the construction of the PROJECT, or a portion thereof, within 180 calendar days after receipt of Construction Bids, the sum stipulated for 100% completion of Construction Document Drawings and Bid and Award Phase shall constitute full and final payment to the CONSULTANT for services rendered under this Amendment, except that by mutual written concurrence between the BOARD and the CONSULTANT on each occasion, the period within which a contract may be awarded may be extended beyond 180 calendar days. ARTICLE 7 - TIME PERIODS FOR COMPLETION OF CONSULTANT'S SERVICES Replace Article 7.2 with the following: 7.2. The CONSULTANT shall perform the phases of work for the Pachyderm Forest project as described in Article 2 with the following time periods: Phase of Service Program/Concept Schematic Design Design Development Construction Documents Bid & Award Construction Phase I & II Construction Phase III Record Drawings Total Duration: *denotes actual duration Duration of AlE Service 6 weeks 30 weeks 16 weeks 54 weeks 4 weeks 62 weeks 78 weeks 8 weeks 258 weeks City's Review 2 weeks 6 weeks 4 weeks 6 weeks 16 weeks 3 weeks 37 weeks Total Duration 8 weeks * 36 weeks * 20 weeks * 60 weeks * 20 weeks * 62 weeks * 78 weeks 11 weeks 295 weeks Page II ofl6

13 ARTICLE 8 - SUBCONSULTANTS ARTICLE 9 - MBE/WBE AND OTHER BUSINESS OUTREACH REQUIREMENTS ARTICLE 10 - NONDISCRIMINATION AND AFFIRMATIVE ACTION ARTICLE 11 - CONTACT PERSONS, ADDRESSES, AND NOTIFICATION Delete and replace Article 11 with: All notices shall be made in writing and may be given by personal delivery or by mail. Originals and/or hard copies of all correspondence, notices and documents sent electronically or by must be hand-delivered or mailed. Such notices or documents sent by mail should be registered or certified and sent to the designated contact person for each party and addressed as follows: Contact Person: Mailing Address: Copy to (cc): To the CITY: Rebecca M. Abano, AlA Zoo Bond Program Manager 5333 Zoo Drive Los Angeles, CA Lynette Howlett Sr. Management Analyst To the CONSULTANT: Charles Mayes, AlA Principal th Avenue, 3 rd Floor Seattle, WA Timothy Nicoulin Chief Financial Officer ARTICLE 12 - BUSINESS TAX REGISTRATION CERTIFICATE (BTRC) ARTICLE 13 - INDEMNIFICATION AND LIABILITY ARTICLE 14 - WARRANTY AND RESPONSIBILITY OF CONSUTLANT ARTICLE 15 - TERMINATION ARTICLE 16 - OWNERSHIP OF DATA ARTICLE 17 - AUDIT PROVISIONS Page 120fl6

14 ARTICLE 18 - INDEPENDENT CONTRACTORS ARTICLE 19 - APPLICABLE LAW,INTERPRETATION AND ENFORCEMENT ARTICLE 20 - MODIFICATIONS ARTICLE 21 - SUCCESSORS AND ASSIGNS ARTICLE 22 - DISPUTES ARTICLE 23 - THE ENTIRE AGREEMENT ARTICLE 24 - FORCE MAJEURE ARTICLE 25 - CLAIMS FOR LABOR AND MATERIALS ARTICLE 26 - EQUAL BENEFITS ORDINANCE Replace Article 26 in its entirety to read as follows: Unless otherwise exempted in accordance with the provisions of the Equal Benefits Ordinance (EBO), Section of the Los Angeles Administrative Code, this Contract is subject to the provisions of the EBO as amended from time to time. 1. During the performance of the Contract, the CONSULTANT certifies and represents that the CONSULTANT will comply with the EBO. The CONSULTANT 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 CONSULTANT will provide equal benefits to 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 Bureau of Contract Administration, Office of Contract Compliance, (213) " 2. The failure of the CONSULTANT to comply with the EBO will be deemed to be a material breach of the Contract by the Awarding Authority. Personal Services Contract Page 13ofl6

15 3. If the CONSULTANT 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 CONSULTANT in actions taken pursuant to the provisions of Los Angeles Administrative Code Section et seq., Contractor Responsibility Ordinance. 5. If the Bureau of Contract Administration, Office of Contract Compliance determines that a 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 CONSULTANT in actions taken pursuant to the provisions of Los Angeles Administrative Code Section et seq., Contractor Responsibility Ordinance. ARTICLE 27 - SLAVERY DISCLOSURE ORDINANCE ARTICLE 28 - CONTRACTOR RESPONSIBILITY ORDINANCE ARTICLE 29 - LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE ARTICLE 30 - CHILD SUPPORT ASSIGNMENT ORDERS ARTICLE 31 - AMERICANS WITH DISABILITIES ACT ARTICLE 32 - WAIVER ARTICLE 33 - PROHIBITION AGAINST ASSIGNMENT OR DELEGATION ARTICLE 34 - PERMITS ARTICLE 35 - SEVERABILITY Should any portion of this Contract be determined to be void or unenforceable, such shall be severed from the whole and the Contract will continue as modified. Page 14 ofl6

16 ARTICLE 36 - BONDS Duplicate copies of all bonds, which may be required hereunder, shall conform to CITY requirements established by charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections through ARTICLE 37 - DISCOUNTS CONSULTANT agrees to offer the CITY any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payments made under this Contract which meet the discount terms. ARTICLE 38 - BREACH Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any 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. PageiSofl6

17 IN WITNESS WHEREOF, the parties hereto have executed this Amendment NO.5 on the date written below. CONSULTANT: The Porti Group THE CITY OF LOS ANGELES: Cy hi. Ruiz, President Bo rd of Public Works APPROVED AS TO FORM Carmen A. Trutanich, City Attorney, Date ATTEST:. KaFeRi4alfa}'aR, City Clerk ::f\lwi?; LAG.WiA,/ By: thl/;)qr /.;',,"., c-\ OOlZ 0 - "5 el2e!cf/ Date Page 160f16

18 EXHIBIT A PROJECT SCHEDULE Contract No. C-J Revised Date: April Amendment No.5

19 LOS ANGELES ZOO BOND AND CAPITAL IMPROVEMENT PROGRAM PACHYDERM FOREST AND GOLDEN MONKEY EXHIBIT MASTER SCHEDULE Project Title Start Finish PACHYDERM FOREST EXHIBIT Mon 10/30/00 Tue 2/15/11 Predesign Mon 10/30/00 Fri 1/10/03 Design Mon 1/13/03 Fri 12/23/05 Mon 5/1/06 Fri 7/11/08 Bid and Award Mon 7/14/08 Mon 3/2109 Construction Administration Mon 3/3/08 Thu 9/30/10 Phase 1111 Mon 3/3108 Fri 5/22/09 Phase III Mon 3/2109 Thu 9/30/10 Fri 10/1/10 Tue 2/15/11 Pachyderm Forest Project Complete Tue 2/15/11 Tue 2/15/11 GOLDEN MONKEY EXHIBIT Mon 11/3/03 Tue 2/12/08 Predesign Mon 11/3/03 Wed 2118/04 Design Wed 2/18/04 Fri 12/23/05 Bid and Award Mon 5/29106 Fri 9/22/06 Construction Mon 9/25/06 Tue 1/15/08 Post-Construction Tue 1/15/08 Tue 2/12/08 Tue 2/12/08 Tue 2/12/08 Data Date: April 30, 2009 Hold Period Task Progress Design BidAward Cons... DEPARTMENrOF Milestone PostCons PreDesign External Milestone.. PUBUCWORKS/SOREAUO FENGINEERING PROGRAM MANAGERS

20 EXHIBIT B (not used) Contract No. C-IOOnO Amendment No.5

21 EXHIBIT C MBEI WBEI OBE UTILIZATION PROFILE Contract No. C-I Amendment No.5

22 EXHIBIT C to PERSONAL SERVICES CONTRACT MBEIWBE/DBE/OBE UTILIZATION PROFILE Month Total Planned Firm: The Portico Grou Title: Los Angeles Zoo Pachyderm Forest & Golden Monkey Exhibits Contract: C A Amendment #5 Execution Date: December 12, 2000 Exoiration Date: Februarv 15, 2011 Professional Fees Only: $4,149, Prime MBE WBE DBE OBE Contractual: $ 2,609, % $ 62, % $ 110, % $ % $ 1,367, % (l/n of %of %of %of %of $ $ Planned $ Planned $ Planned $ Planned $ Planned Ending Payments Payments Payments Payments Payments tc to Date to Date to Date to Date Date Prior Invoices $ 3,811,183 $ 2,484, % $ 52, % $ 86, % 0.00% $ 1, ,17% 1 AUQ-09 $ 22,000 $ 8, % $ % $ 1, % $ % $ 11, % 2 Soo-09 $ 55,414 $ 10, %1 $ % $ 1, % $ % $ 42, % 3 Ocl-09 $ 22,000 $ 8, % $ % $ 1, % $ %1 $ 11, % 4 Nov~09 $ $ 8, % $ % $ % $ % $ 11, % 5 Dec~09 $ 22,000 $ 8,175 37,16% $ %> $ 1, % $ % $ 11, %1 6 Jan-10 $ 22,000 $ 8, % $ % $ 1, % $ % $ 11, % 7 Feb-10 $ $ 8, % $ %1 $ 1, % $ % $ 11, % 8 Mar-10 $ 22,000 $ 8, % $ % $ 1, % $ 0.00% $ 11,570 52,59% 9 Aor-10 $ 22,000 $ 8, % $ % $ 1, % $ 0.00% $ 11, % 10 Mav-10 $ $ 8,175 37,16% $ 650 2,95% $ 1,605 7,30% $ - 0,00% $ 11, % 11 Jun-10 $ 14,000 $ 1, % $ 655 4,68% $ 1, % $ % $ 10,501 75,01 % 12 Jul-10 $ 14,000 $ 7, % $ % $ 995 7,11% $ % $ 4, % 13 Au -10 $ 14,000 $ 7, % $ % $ 995 7,11% $ % $ 4, % 14 Soo-10 $ 1,999 $ {2,OB % $ % $ % $ - 0,00% $ 3, % 15 Ocl-10 $ - #DIVIO! #DIVIO! #DIVIO! $ - 0,00% #DIVlo! 16 Nov-10 $ - #DIVIO! #DIVIO! #DIVIO! $ % #DIVIO! 17 Dec-10 $ 40,818 $ 26, % $ 1, % $ 3, % $ % $ % 18 Jan-11 $ #DIVIO! I #DIVIO! $ % #DIVIO! 19 Feb-11 $ - #DIVIO! I #DIVIO! #DIVIO! $ 0,00% #DIVIO! otal Planne $ 4,149,414 $ 2,609, % $ 62, % $ 110, % $ % $ 1,367, % Contract No, C Revised Date: 8/10/09 Exhibit C 1 of 1