TRANSMITTAl

\ TO The City Council TRANSMITTAl 0150-06978-0015 " COUNCIL FILE NO. FROM The Mayor CO UNCI '1DISTRICT 4 Proposed Contract Amendment No. 3 to Contract No. C-11 0040 with The Portico Group for the Los Angeles Zoo Rainforest of the Americas Exhibit. Transmitted for your consideration. See City Administrative Officer report attached. (Ana Guerrero) MAS:MGR:05140017t CAO 649-d

Report From OFFICE OF THE CITY ADMINISTRATIVE OFFICER Analysis of Proposed Contract ($25,000 or Greater and Longer than Three Months} To: The Mayor j Date: 11-01 -1 3 C. D. No. 1 CAO File No.: 4 0150-06978-0015 Contracting Department/Bureau: Contact: Board of Public Works/Bureau of Engineering Rebecca Abano~ 323~644-6096 Reference: Letter from the Board of Public Works dated September 30, 2013; referred by Mayor on October 2, 2013. Purpose of Contract: To extend the term of the contract from September 30, 2013 to June 30, 2014 for architectural and engineering design services for the Rainforest of the Americas Exhibit. Type of Contract: ( ) New contract (x) Amendment Contract Term Dates: Original Contract Term: July 14,2006 through September 30, 2010; Amendment No.1 Contract Term: September 30, 2010 through September 30, 2012; Amendment No. 2 Contract Term: September 30, 2012 through Septerilber 30, 2013; Amendment No.3 Contract Term: September 30,2013 through June 30, 2014. Contract Amount: $ 1,832,600 Source of funds: General Fund and MICLA Name of Contractor: The Portico Group Address: 1500 Fourth Avenue, Third Floor, Seattle, WA, 98101-1500 Yes No N/A* 8. Contractor has complied with: Yes No N/A* 1. Council has approved the purpose X a. Equal Emplovmt. Oppty./Affirm. Action X 2. Appropriated funds are available X b. Good Faith Effort Outreach** X 3. Charter Section 1022 findings completed X c. Equal Benefits Ordinance X 4. Proposals have been requested X d. Contractor Responsibility Ordinance X 5. Risk Manaqement review com leted X e. Slavery Disclosure Ordinance X 6. Standard Provisions for City Contracts included X f. Bidder Certification CEC Form 50 7. Workforce that resides in the City: 0% *N/A = not ~pp!icable ** Contracts over $100,000 COMMENTS The Board of Public Works has requested approval to execute Amendment No. 3 to Contract No. C-110040 with The Portico Group (Portico) for architectural and engineering design services for the Rainforest of the Americas Exhibit (Rainforest Exhibit) at the Los Angeles Zoo. This amendment will add nine months to the contract term through June 30, 2014. Portico is the architect on record for the project. Consequently, the term of the agreement must be extended to coincide with the duration of construction for the project. The original contract with Portico for the design of the Rainforest Exhibit was executed in July 14, 2006, with a term beginning on the date of execution up to September 30, 2010 and for a total compensation of $1,832,600. On January 12, 2011, the City executed Amendment No. 1 with Portico extending the contract term for an additional two years from September 30, 2010 to September 30, 2012. During the design phase, a detailed cost estimate was completed that revealed that the construction cost of the project was over the approved budget. This required revising the design to meet the approved budget. Also, in order to minimize the impact of three concurrent construction activities on the Zoo's operations, namely the Elephants of Asia, Living Amphibians, City Administrative Officer

GAO File No. Page 0150-06978-0015 2 Invertebrates and Reptiles (LAIR), and Rainforest Exhibit projects, the construction plan coordinated with the Zoo called for starting the Rainforest Exhibit construction at the mid-point of the LAIR construction. s On January 23, 2013, the City executed Amendment No. 2 which extended the contract term for 12 months from September 30, 2012 to September 30, 2013. The new term was based on the anticipated time to complete construction and to commission the new Rainforest Exhibit. In March 2011, the Zoo Bond Oversight Committee approved a construction schedule extension to April 30, 2013. This extension was granted primarily due to construction delays within the hillside portion of the exhibit and due to delays in the plan check approval process. The Portico contract was extended to allow for post construction and commission work. Amendment No. 3 will extend the contract term for nine months from September 30, 2013 to June 30, 2014. This new term is based on the anticipated time needed to complete Architectural/Engineering Design Services for the work including post-construction activities. In December 2012, the Zoo Bond Oversight Committee approved a construction schedule extension to December 31, 2013. This extension was granted to accommodate the construction delays due to unforeseen conditions and underground utility issues experienced at the start of construction. In accordance with Charter Section 1022, the Personnel Department found on April 21, 2004 that City employees do not have the expertise to perform the specialized services required for this project. City Council approval is required because the contract term exceeds five years. RECOMMENDATIONS That the Council, subject to the approval of the Mayor, approve and authorize the President of the Board of Public Works to execute Amendment No.3 to Contract No. C-110040 between the City and The Portico Group to extend the contract term by one year from September 30, 2013 through June 30, 2014, subject to the approval of the City Attorney. FISCAL IMPACT STATEMENT There is no additional impact on the City General Fund as a result of the execution of Amendment No. 3 to extend the contract term by nine months between the City and The Portico Group for the Rainforest of the Americas project. The current total General Fund and Municipal Improvement Corporation of Los Angeles contribution for this project is $3,166,890.

BOARD OF PUBLIC WORKS MEMBERS KEVIN JAMES PRESIDENT MONICA RODRIGUEZ VICE-PRESIDENT MATISZABO PRESIDENT PRO TEMPORE MICHAEL DAVIS COMMISSIONER BARBARA ROMERO COMMISSIONER CITY OF LOS ANGELES CALIFORNIA ERIC GARCETTI MAYOR September 30, 2013 #4 BOE/BCA OFFICE OF THE BOARD OF PUBLIC WORKS 200 NORTH SPRING STREET ROOM 361, CITY HALL LOS ANGELES, CA 90012 (213) 978-0261 (213) 978-0278 Fax ARLEEN P. TAYLOR EXECUTIVE OFFICER http://www.bpw.lacity.org Mayor Eric Garcetti Room No. 305 City Hall Attn: Mandy Morales Subject: REQUEST FOR AUTHORITY TO EXECUTE AMENDMENT NO. 3 TO CONTRACT NO. C-110040 WITH THE PORTICO GROUP FOR ARCHITECTURAL, AND ENGINEERING DESIGN SERVICES FOR THE LOS ANGELES ZOO AND BOTANICAL GARDEN'S RAINFOREST OF THE AMERICAS EXHIBIT-WORK ORDER NO. E170090D As recommended in the accompanying report of the City Engineer and the Director of the Bureau of Contract Administration, which this Board has adopted, the Board of Public Works requests approval and forwarding to the City Council for approval and authorization to execute Amendment No. 3 to the contract between the City Los Angeles and The Portico Group extending the contract term from September 30, 2013 to June 30, 2014, for the Los Angeles Zoo and Botanical Garden's Rainforest of the Americas Exhibit. FISCAL IMPACT Funding sources for this project are from the General Fund and Municipal Improvement Corporation of Los Angeles (MICLA) as approved by the Mayor on June 6, 2006. Because there is no proposed increase in funding, the Amendment will have no further impact on the General Fund. Respectfully submitted, APT:mp AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER Recyclable and made!rem ffie)'c!ed waste @

Department of Public Works Bureau of Engineering Bureau of Contract Administration ADOPTED BY THE BOARD PUBLIC WORI\S OF THE CITY of Los Angeles California AN D REFERRED TO THE MAYOR SEP 3 0 2013 September 30, 2013 CD All REQUEST FOR AUTHORITY TO EXECUTE AMENDMENT No. 3 TO CONTRACT No. C-110040 WITH THE PORTICO GROUP FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE LOS ANGELES Zoo AND BOTANICAL GARDEN'S RAINFOREST OF THE AMERICAS EXHIBIT WORK ORDER No. E170090D RECOMMENDATIONS 1. Approve and forward this report with transmittals to the Mayor and City Council requesting the following: a. Approve Amendment No. 3 to the Contract between the City of Los Angeles (City) and The Portico Group extending the contract term from September 30, 2013 to June 30, 2014. b. Authorize the President or two members of the Board of Public Works (Board) to execute Amendment No. 3. 2. Notify the Bureau of Engineering (BOE), Recreational and Cultural Facilities Program, Rebecca Abano at (213) 847-4711 when this Amendment is ready to be executed by the' Board, whereupon five original copies of the Amendment will be delivered to the Executive Officer of the Board for signature. 3. Upon execution, request the City Clerk to attest and certify the five original copies of Amendment No. 3. The City Clerk and the Board will each retain one original copy, and three original copies are to be returned to the BOE, Recreational and Cultural Facilities Program, Rebecca Abano. FISCAL IMPACT STATEMENT Funding sources for this project are from the General Fund and Municipal Improvement Corporation of Los Angeles (MICLA) as approved by the Mayor on June 6, 2006. Because there is no proposed increase in funding, the Amendment will have no further impact on the General Fund. TRANSMITTALS 1. Copy of executed Contract No. C-11 0040 with The Portico Group for the architectural and engineering design services for the Los Angeles Zoo and Botanical Garden's Rainforest of the Americas Exhibit, dated July 14, 2006. 2. Copy of Amendment No. 1 to Contract No. C-11 0040 executed on January 12, 2011.

Page 2 3. Copy of Amendment No. 2 to Contract No. C-11 0040 executed on January 23, 2013. 4. Copy of Proposed Amendment No.3 to Contract No. C-110040. DISCUSSION Background On July 14, 2006, the City executed a personal services contract with The Portico Group for Architectural/Engineering (A/E) Design Services during Construction for the Los Angeles Zoo and Botanical Garden's Rainforest of the Americas Exhibit (Transmittal No. 1). The scope of work included providing design for a new South America rainforest exhibit which replaces an abandoned aviary exhibit at the Los Angeles Zoo and Botanical Gardens. In March 2010, the Zoo Bond Oversight Committee (ZBOC) approved a time extension to complete the project to November 30, 2012. This extension was for the additional time it took to revise the design caused by removing the Jaguar exhibit from the project. On January 12, 2011, the City executed Amendment No. 1 with The Portico Group extending the term of the contract from September 30, 2010 to September 30, 2012 (Transmittal No. 2). In March 2011, the ZBOC approved another time extension to complete the project, from November 30, 2012 to April 30, 2013. This extension was granted due to delays in completing the Rainforest of the Americas Exhibit project design and obtaining Los Angeles Department of Building and Safety plan check approvals. On January 23, 2013, the City executed Amendment No. 2 with The Portico Group extending the term of the contract from September 30, 2012 to September 30, 2013 (Transmittal No. 3). On December 20, 2012, the ZBOC approved a third extension to the Rainforest of the Americas project schedule from April 30, 2013 to December 31, 2013. This extension accommodates the construction delays due to unforeseen conditions and underground utility issues experienced at the start of construction. It was recognized at that time that a contract amendment may be required to extend the term. The Amendment Amendment No. 3 adds nine months to the existing contract duration extending the term of the contract from September 30, 2013 to June 30, 2014 (Transmittal No. 4). This increase in contract duration is based on the anticipated time needed to complete the AlE services for the work including post-construction activities. Minority Business Enterprise/Women Business Enterprise/Other Business Enterprise (MBEIWBEIOBE) Subcontractor Outreach Program At the time of the distribution of the original Request for Qualifications (RFQ) for this contract, the City had established a MBE/WBE/OBE Subcontractor Outreach Program for this contract with anticipated MBE and WBE participation levels of 5 percent and 2 percent, respectively. The participation levels that The Portico Group had originally pledged were 6.30 percent MBE, 4.90 percent WBE, and 10.13 percent OBE.

Department of Public Works Bureau of Engineering Bureau of Contract Administration September 30, 2013 Page 3 Amendment No. 1 revised The Portico Group's pledged participation levels to 3.77 percent MBE, 5.02 percent WBE and 22.57 percent OBE. In Amendment No. 2, the MBE and WBE pledged participation levels were unchanged, however OBE participation levels increased to 22.83 percent. With the approval of this amendment, the only change is the OBE participation levels will increase to 23.85 percent. As of August 14, 2013, The Portico Group has achieved 3.63 percent MBE, 4.84 percent WBE and 22.22 percent OBE participation. The subconsultants' information for The Portico Group is as follows: Gender/Ethnicity Codes: AA = African American APA =Asian Pacific American NA = Native American M =Male HA = Hispanic American SAA = Subcontinent Asian American C = Caucasian F =Female MBE/ %of Amount Gender/ WBE/ Total Invoiced Subcons~ltants Ethnicity OBE Invoiced to Date Tsuchiyama, Kaino, Sun & Carter, Inc. M/APA MBE 3.63% $ 61,422 TJP, Inc. F/C WBE 4.84% $ 81,775 KPFF Consulting Engineers OBE 12.99% $ 219,605 Syska Hennessy Group OBE 7.44% $ 125,776 BlueWater Project Management Services OBE 0.42% $ 7,167 Sherry Smith dba Windmill Media OBE 0.82% $ 13,825 Rauda Scale Models, Inc. OBE 0.55% $ 9,257 Total MBE Participation 3.63% $ 61,422 Total WBE Participation 4.84% $ 81,775 Total OBE Participation 22.22% $ 375,630 Total Invoiced to Date* $1,690,252 *Total Invoiced may Include tasks <$100,000. Upon approval of Amendment No. 3, the MBE/WBE/OBE subconsultant pledged participation levels for The Portico Group will be:

Page4 MBE/ %of Amount of Gender/ WBE/ Amended Amended Pledged Subconsultants Ethnicity OBE Contract Contract Tsuchiyama, Kaino, Sun & Carter, Inc. M/APA MBE 3.77% $ 65,500 TJP, Inc. F/C WBE 5.02% $ 87,300 KPFF Consulting Engineers OBE 13.98% $ 243,000 Syska Hennessy Group* OBE 7.36% $ 127,884 BlueWater Project Management Services OBE 1.06% $ 18,500 Sherry Smith dba Windmill Media OBE 0.91% $ 15,800 Rauda Scale Models, Inc. OBE 0.53% $ 9,257 Total MBE Participation 3.77% $ 65,500 Total WBE Participation 5.02% $ 87,300 Total OBE Participation 23.85% $ 414,441 Total Contract $1,737,940...... 'Port1co was 1ssued an Add1t1onal Serv1ces Authonzallon (ASA) to redes1gn the Tapir Exh1b1t wh1ch mcreasec the pledged part1c1pat1on. ~Total Contract is the Cost Ceiling of $1,832,600 less $94,660 of uncommitted ASA monies. Compliance with City Policies and with the Board of Public Works' Policy All consultants participating in this program are subject to compliance with the following City of Los Angeles' Ordinances and policies: Contractor Responsibility Ordinance; Business Tax RElgistration Certificate; Non-Discrimination, Equal Employment Practices, and Affirmative Action; insurance requirements; Equal Benefits Ordinance; Child Support Obligations Ordinance; Americans with Disabilities Act; Service Contractor Worker Retention Ordinance; Living Wage Ordinance; Slavery Disclosure Ordinance; First Source Hiring Ordinance, Non-Collusion; and Discount Terms. The Portico Group will comply with the requirements of the MBE/VVBE/OBE Subcontractor Outreach'Program. Failure to comply with all requirements will render the Consultant's Contract subject to termination, pursuant to the conditions therein. Businesses are encouraged to locate or remain within the City of Los Angeles to preserve and enhance the economic base and well-being of the City. According to the Los Angeles Residence Information form, The Portico Group currently staffs 30 employees, with the number and percentage of employees residing in the City of Los Angeles being 0 and 0 percent, respectively. The Portico Group are national Zoo design experts, based in Seattle, and have worked on projects at the Los Angeles Zoo since December 2000. Contractor Performance Evaluation In accordance with Article 13, Chapter 1, Division 10, Article 13 of the Los Angeles Administrative Code (L.A.A.C.), the appropriate City personnel responsible for the quality control of this personal services contract shall submit Contractor Performance

Department of Public Works Bureau of Engineering Bureau of Contract Administration September 30, 2013 Page 5 Evaluation Reports to the Bureau of Contract Administration (BCA), Special Research & Investigation Section upon completion of this contract. Contractor Responsibility Ordinance All contractors participating in this program are subject to compliance with the requirements specified in the City of Los Angeles' Contractor Responsibility Ordinance No. 172677 (Article 14, Chapter 1, Division 10 L.A.A.C.). Failure to comply with all requirements specified in the Ordinance may render this bidder's contract subject to termination pursuant to the conditions expressed therein. Notice of Intent to Contract and Charter Section 1022 Determination On July 31, 2013, the Notification of Intent to Contract was filed with the City Administrative Officer (GAO) for this amendment. Since the Personnel Department determined that there were no City classifications capable of doing the work for the original contract, a Charter 1022 Determination from the GAO was not necessary. City Attorney Review The proposed Amendment has been reviewed and approved as to form by the City Attorney's Office. STATUS OF FUNDING The proposed amendment requires no additional funding. 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.

Page 6 ( NO TSA RMK DJW ) Report reviewed by: BOE (ADM and PAC) Report prepared by: Recreation and Cultural Facilities Division Neil Drucker Program Manager Phone No. (213) 847-4708 Compliance Review performed and approved by: Respectfully submitted,!~!::::e~ City Engineer. Reamer, Jr....,..~e~,,,.or of Public Works Hannah Choi, Program Manager Office of Contract Compliance Bureau of Contract Administration ND/RA/08/2013/0130. RCF.klc Questions regarding this report m ay be referred to: Rebecca Abano, AlA Phone No. (213) 847-4711 E-mail: 'Rebecca.Abano@lacity.org