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2008 MAR 18 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2008 - 5:00 P.M. Next Resolution # 4544 Next Ordinance # 1418 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 01 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue.) for the purposes of conferring with the City's Real Property Negotiator,- and /or conferring with the City Attorney on potential andlor existing litigation; andlor discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -2- matters 1. City of El Segundo vs. City of Los Angeles, et. al. LASC No. BS094279 2. Solomon vs. City of El Segundo, LASC Case No. BC372401. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -3- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter 2 U `' AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Dino Tumbuan, Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides Next Resolution # 4544 Next Ordinance # 1418 031 PRESENTATIONS a. Certificate of Appreciation for Police Officer of the Year. b. Certificate of Appreciation for Firefighter of the Year. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding award of contracts to Wyle, Inc. for Design and Testing services and Construction Monitoring and oversight services related to the Residential Sound Insulation (RSI) Program. (Fiscal impact: $1,613,720 for Design and Testing services and $493,380 for Construction Monitoring and Oversight services, included in the 2007 -2008 budget) Recommendation — (1) Award a contract to Wyle, Inc. for Design and Testing Services; (2) Award a contract to Wyle, Inc. for Construction Monitoring and Oversight Services; (3) Authorize the City Manager to execute contracts in a form approved by the City Attorney; and (4) Alternatively, discuss and take other action related to this item. 4 U� D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 2. Consideration and possible action regarding the adoption of an Ordinance to amend the El Segundo Municipal Code to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA) regarding cable and commercial video services, including establishing franchise and Public Education Government (PEG) fees at the current local franchise fee rates of 5% and 2% of gross revenues, respectively. (Fiscal Impact: None) Recommendation — (1) Approve the recommendation of the El Segundo Community Cable Advisory Committee to amend the El Segundo Municipal Code in order to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA) and set fees at the existing franchise rate of 5% and PEG rate of 2% of gross revenues; (2) Introduction of Ordinance (3) Schedule second reading and adoption of Ordinance on April 1, 2008; (4) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Warrant Numbers 2564542 to 2564791 on Register No. 11 in the total amount of $1,058,643.49 and Wire Transfers from 2/22/2008 through 31612008 in the total amount of $756,484.43. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Regular City Council Meeting Minutes of March 4, 2008. Recommendation — Approval. 5. Consideration and possible action regarding the award of a Standard Public Works Contract to Best Contracting Services for the installation of a roof for City Hall above the Council Chambers and air conditioning modifications at 350 Main Street — Project No. PW 08 -02 (Fiscal Impact = $64,590.00). Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Best Contracting Services in the amount of $64,590; (2) Appropriate funds in the amount of $64,590 from the Roof Replacement City Hall; (3) Alternatively, discuss and take other action related to this item. 5 U� 6. Consideration and possible action regarding the award of a Standard Public Works Contract to Pacific Construction Co. for the installation of a Biological Wastewater Closed Loop System at 400 Sepulveda Blvd. — Project No. PW 08 -01 (Fiscal Impact = $71,930.00). Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Pacific Construction Co. in the amount of $71,930; (2) Appropriate funds in the amount of $71,930 from the Golf Course Enterprise Fund and, (3) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System job classification of Equipment Mechanic 1 /11. (Fiscal Impact: None) Recommendation — (1) Approve the examination plan; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding the status on staffing and workload issues in the Planning and Building Safety Department. (Fiscal Impact: None) Recommendation — (1) Receive and File; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding authorization for the Police Department to replace the Watch Commander's Ford Crown Victoria with a police package Chevrolet Tahoe Flex Fuel vehicle piggybacking on an existing Los Angeles County Sheriff's Department contract. (Fiscal Impact = $33,200) Recommendation — (1) Authorize the Police Department to replace the Watch Commander's Ford Crown Victoria, currently due for replacement in the equipment replacement fund, with a police package Chevrolet Tahoe Flex Fuel vehicle; (2) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the bidding process authorizing staff to issue a purchase order piggybacking on an existing Los Angeles County Sheriff's Department contract to purchase one police package- Chevrolet Tahoe Flex Fuel vehicle in an amount not to exceed $33,200, which does not include vehicle conversion; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding award of a contract to Tron Construction, Inc. for construction related to Group 24 (25 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction costs and retention: $877,250) Recommendation — (1) Award contract to Tron Construction, Inc. for Group 24; (2) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; (3) Alternatively, discuss and take other action related to this item. 6 Uu 11. Consideration and possible action regarding award of contracts to S &L Specialty Contracting, Inc. for construction related to Group 25 (31 residences) and Group 26 (25 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $1,690,040) Recommendation — (1) Reject bid submitted by C.A.S. General Contractor for Group 25; (2) Award contracts to S &L Specialty Contracting, Inc. for Groups 25 and 26; (3) Authorize the City Manager to execute construction contracts in a form approved by the City Attorney; and (4) Alternatively discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern Busch — UI Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE:1cZiz.L1 /2 -26,0 TIME: 3 •130 P. Y1. NAME: 8 ij 8 �I m CA fD orq O O c� O n 0 r-t fD O co WWI Na"l, n CO Nag 'VJ n 0 ara a� r+ c r+ cD O fD C (D c1�) 1I� r � o o � � o N fD O O c O CT1 Cr O w O "Ann LUL I f—� 1=! F—I 0,9 \i m CA fD 'TJ 'b Q.. f'7 O O 00 1 I/ CO CO LA. n 0 c CD O (D Eg CD U) O o r-t F (-D n o o � N CD o n 0 0 C=7 cn orq O w O , LUL I ml qm► l% I MW O OM" r—; i� EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding award of contracts to Wyle, Inc. for Design and Testing services and Construction Monitoring and oversight services related to the Residential Sound Insulation (RSI) Program. (Fiscal impact: $1,613,720 for Design and Testing services and $493,380 for Construction Monitoring and Oversight services, included in the 2007 -2008 budget) RECOMMENDED COUNCIL ACTION: 1) Award a contract to Wyle, Inc. for Design and Testing Services; 2) Award a contract to Wyle, Inc. for Construction Monitoring and Oversight Services; 3) Authorize the City Manager to execute contracts in a form approved by the City Attorney; and 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its meeting of December 18, 2007, the City Council authorized staff to begin negotiations with Wyle, Inc. for provision of Design and Testing services as well as Construction Monitoring and Oversight Services related to the City's Residential Sound Insulation Program. Staff has successfully negotiated pricing for both of these proposed contracts in support of sound insulating approximately 300 residences, annually. Federal Aviation Administration (FAA) regulations require consultants utilized for consultant services related to the City's Residential Sound Insulation Program to be selected based on qualifications, not cost, and prices to be negotiated after selection. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Proposals from Wyle, Inc. FISCAL IMPACT: Operating Budget: $2,920,650 Amount Requested: $2,107,100 Account Number: 116 -400- 0000 -6214 Appropriation Required: X Yes _ No ORIGINATED: DATE: March 11, 0M James S. O'Neill, Program REVIEWED BY: ,, �4 Jeff WVag, City Manager DATE: f L b 11 1 Background and Discussion (con't): Extensive negotiations were held with Wyle, and the total negotiated pricing for both contracts represent 18.18% of the RSI Program's anticipated $11,587,500 budget, and 15.67% of the RSI Program's $13,450,000 annual budgets of the past two years. The Letter Agreement with Los Angeles World Airports (LAWA) states that "City of El Segundo will ensure that non - construction planning, engineering, design, noise measurement and administrative overhead costs (undertaken by either or both the City of El Segundo's staff or consultants) will be approximately 20% of the total project costs." In addition, these percentages are in keeping with historic averages for such expenditures. The Wyle, Inc. proposal of $1,613,696 for Design and Testing Services includes $23,720 in "Start-Up Costs" to review and revise the RSI Program's current policies and procedures, finalize a Policy and Procedures Manual, establish a design format specific to the Program's needs, and review and revise Standard Specifications and Details to be included with plans for contractors. The Design and Testing Services agreement is based on a fixed price fee of $5,300 per unit, and represents approximately a 3.9% reduction in design costs compared to the previous contract with the previous Design and Testing services consultant. Wyle, Inc. has also submitted a proposal for $493,380 for Construction Monitoring and Oversight Services. The RSI Program anticipates annual construction of twelve (12) groups of approximately 25 to achieve the goal of treating 300 homes, and Wyle's proposal is based on providing staff to serve in the same capacity as the City's Construction Coordinators for six (6) groups of construction and staffing to provide monitoring contractor's labor compliance for all twelve (12) groups of construction. (City Construction Coordinators will manage the other six groups of construction.) Both contracts would be for a period of two (2) years (as it typically takes a home one year to complete the design and construction), with the City's discretion of extending the agreements in one (1) year increments for a maximum of four (4) years. As City Council is aware, none of these costs are debited from the City's General Fund. Eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, with the exception of elective "Owner Upgrades" selected by property owners, are covered by the settlement with Los Angeles World Airports (LAWA). "Owner Upgrades" are paid for by the requesting property owners. Proposal Number: 580.08.025.02 11- Mar -08 Design and Testing Services $1,613,720 Construction Monitoring and Oversight Services Fixed Fee Units Contract Start-Up Costs N/A N/A $23,720 Dwelling Unit $5,300 / Dwelling 300 $1,590,000 $1,613,720 Construction Monitoring and Oversight Services $493,380 wyle 13 Fixed Fee Units Contract Construction Oversight $2,406 / Dwelling 150 $360,900 Labor Compliance $11,040 / Group 12 $132,480 $493,380 wyle 13 Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP Start-Up Costs Schedule 1 Total Program Cost Direct Labor (Fully Burdened) Labor Category Title (Typical) Hours Rate /Hour($) Total Job Group 13 Program Manager 16 190.00 3,040 Job Group 11 Sr. Programmer 120 155.00 18,600 Job Group 10 Senior Designer 0 125.00 0 Job Group 8 Engineer 16 95.00 1,520 Job Group 7 Sr. Admin. Assistant 8 70.00 560 Total Direct Labor (Fully Burdened) 160 23,720 Other Direct Costs Travel, Materials & Subcontractor 0 Total 23,720 NOT 10 HE DISCLOSED ] R Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP Start-Up Costs Schedule 2 Labor Hour Detail By Labor Grade Task Description 13 12 11 10 8 7 Hours Price Policy & Procedures 16 120 16 8 160 $23,720 Totals 16 0 120 0 16 8 160 $23,720 Nor ro ae DISCLOSED J Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP Design Services - 25 Unit Module Schedule 1 Total Program Cost Direct Labor (Fully Burdened) Labor Category Title (Typical) Hours Rate /Hour($) Total Job Group 13 Program Manager 18 190.00 13 3,420 Job Group 12 RS1P Manager 8 170.00 12 1,360 Job Group 11 CM Manager 13 155.00 11 2,015 Job Group 10 Senior Designer 99 125.00 10 12,375 Job Group 9 Engineer 170 110.00 9 18,700 Job Group 7 Cad Operator 33 70.00 7 2,310 Job Group 6 Admin. Assistant 71 65.00 6 4,615 Total Direct Labor (Fully Burdened) 412 44,795 Other Direct Costs Travel, Materials & Subcontractor 87,705 Total 132,500 Unit Cost: $5,300 City to provide a minimum of 300 units per year on schedule to facilitate the planned schedule (attached). wyle NOT TO BE DISCLOSED 1 `) Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP Design Services - 25 Unit Module Schedule 2 Labor Hour Detail By Labor Grade Task Description 13 12 11 10 9 7 6 Hours Price Survey 8 40 2 6 56 $50,921 Acoustic Design, QC 4 12 40 25 81 $50,188 Design Review w /H. O. 4 40 25 69 $6,525 Plan Check/Final Review 13 4 2 20 39 $3,505 Bid Documents 13 16 4 12 45 $5,075 Pre - Bid /Pre -Con Meetings 23 4 27 $3,135 FMV 20 20 $2,200 Night Meetings 1 3 6 10 $1,225 Program Mgt/QC 16 4 20 40 $7,074 Acoustic Audits 1 20 4 25 $2,650 Totals 18 8 13 99 170 33 71 412 $132,498 Grade Level 13 - Stephen Martin to provide Management Oversight Grade Level 12 - Deeanna Wozniak to provide RSIP /Design Management Oversight Grade Level 11 - Rod Royales to provide construction review of documents Grade Level 10 - Ferdows Fazeli, Rachael Romond to provide Design /Quality Grade Level 9 - George Kourtis, Matt Zirbes to provide "Design' Grade Level 7 - Al Lozano to provide CAD Services Grade Level 6 - "New Hire" to provide Administrative Services wyle NOT TO BF DISCLOSED Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP 2008 Construction Oversight - 25 Unit Module Schedule 1 Total Program Cost Direct Labor (Fully Burdened) Labor Category Title apical) Hours Rate /Hour($) Total Job Group 13 Program Manager 6 190.00 1,140 Job Group 11 Const. Manager 452 120.00 54,240 Job Group 8 Construction Engineer 49 80.00 3,920 Total Direct Labor (Fully Burdened) 507 59,300 Other Direct Costs Travel & Materials (Cell Phones /Mileage) 850 Total 60,150 Unit Costs: $2,406 $500 per day beyond construction period stated in the specifications. wyle NOT TO RE DISCLOSED 4 1 Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP 2008 Construction Oversight - 25 Unit Module Schedule 2 Labor Hour Detail By Labor Grade Task Description 13 11 8 Hours Price Pre - Construction 16 4 20 $2,240 FMV 25 4 29 $3,320 Submittal Review 25 25 50 $5,000 Oversight 256 256 $30,720 Management 6 40 46 $6,790 Meetings 40 8 48 $5,440 Punchlist 25 4 29 $3,320 Final Inspection 25 4 29 $3,320 Totals 6 452 49 507 $60,150 Grade Level 13 - Stephen Martin to provide Management Oversight Grade Level 11 - Construction Management services to be provided by: Rod Royales, Chris Shepard, Ron Taguding or TBD. Grade Level 8 - Earl Harris to provide Construction Engineering Services wide NOT I'D BE DISCLOSED '( l!� Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP 2008 Labor Compliance - 25 Unit Module Schedule 4 Total Program Cost Direct Labor (Fully Burdened) Labor Category Title (Typical) Job Group 13 Program manager Job Group 11 Const. Manager Job Group 8 Const. Engineer Total Direct Labor (Fully Burdened) Other Direct Costs Travel, Materials & Subcontractor Total Unit Costs: $442 Hours Rate /Hour($) 8 190.00 22 120.00 86 80.00 116 Total 1,520 2,640 6,880 11,040 Assumptions: 1. One 3 hour review per weekly certified payroll for contruction period 2. Additional reviews - $525 ,r17 11,040 wyle NOT TO BE DISCLOSED c G Proposal Number: 580.08.025.02 11- Mar -08 El Segundo RSIP 2008 Labor Compliance - 25 Unit Module Schedule 5 Labor Hour Detail By Labor Grade Task Description 13 11 8 Hours Price Obtain Data /Maintain Log 4 8 12 $1,120 Review CPRs 4 8 40 52 $4,920 Interview Process 6 30 36 $3,120 Report 4 4 8 16 $1,880 Totals 8 22 86 116 $11,040 Grade Level 13 - Steve Martin to provide Management Oversight Grade Level I I - Construction Management services provided by Rod Royales Grade Level 8 - Construction Engineering services provided by Earl Harris wyle NUT TO BE DISCLOSED A EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committee Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of an Ordinance to amend the El Segundo Municipal Code to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA) regarding cable and commercial video services, including establishing franchise and PEG (Public Education Government) fees at the current local franchise fee rates of 5 % and 2% of gross revenues, respectively. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Approve the recommendation of the El Segundo Community Cable Advisory Committee to amend the El Segundo Municipal Code in order to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA) and set fees at the existing franchise rate of 5% and PEG rate of 2% of gross revenues; (2) Introduction of Ordinance (3) Schedule second reading and adoption of Ordinance on April 1, 2008; (4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The California Public Utilities Commission (CPUC) has issued state video franchises licenses to Time Warner Cable, AT &T and Verizon under the Digital Infrastructure and Video Competition Act of 2006 (AB 2987), which created a new state video franchise system. Additionally, the CPUC promulgated new regulations which necessitate the City amend the Municipal Code to conform with state law and regulations. (Continued on Next Page) ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: None Operating Budget: NIA Amount Requested: NIA Account Number: Project Phase: Appropriation Required: Yes X No ORIGINATED BY: 7 DATE: Bill Crowe, As is City REVIEWED B Jeff S �rf, pity Manager DATE: BACKGROUND & DISCUSSION CONTINUED: As our local cable franchisee Time Warner Cable has now obtained a state franchise, many of the Municipal Code provisions on cable franchising are obsolete. Additionally, DIVCA requires cities enforce the customer service requirements, and a few other sections appear to require local code amendments. The City Attorney's Office has drafted a proposed ordinance to address these issues. As DIVCA requires cities provide the state franchisees with information on the existing franchise fees before the franchisees are required to remit the franchise fees, the draft ordinance adds language to establish a franchise fee of 5% and a PEG fee of 2% of gross revenues, consistent with the city- issued franchise fee terms. It is within the City Council's discretion to impose lower requirements. It should be noted that because the state franchise system is brand new and the CPUC has eschewed any interest in exercising program management oversight, there is little practical experience available on how to interact with the state franchisees. As of this point, only Time Warner Cable and AT &T have been issued state video franchises to serve the City of El Segundo. Additionally, as the state has declined to assume responsibility for enforcing customer service complaints, the draft ordinance adds language to the Municipal Code adopting customer service standards as set by the Legislature in Public Utilities Code section 5900. Monetary penalties for a breach of the Customer Service Standards by the state franchisee were also set by the Legislature and require that fifty percent (50 %) of the penalty must be given to the state for its Digital Divide Account established by the DIVCA. Monetary penalties range from $500 for the first material breach to as high as $3000 for the third or further material breaches. As the state franchisees are also required to properly serve the City's interest in PEG programming, each state franchisee must comply with the PEG system interconnection requirements of Public Utility Code section 5870. The ordinance incorporates language to address interconnection issues. In summary, in order to conform Municipal Code with statutory provisions of the Digital Infrastructure and Video Competition Act (DIVCA) it is recommended the City Council 1) Approve the recommendation of the El Segundo Community Cable Advisory Committee to amend the El Segundo Municipal Code and set fees at the existing franchise rate of 5% and PEG rate of 2% of gross revenues; 2) Introduce the Ordinance; and 3) Schedule second reading and adoption of Ordinance at the City Council meeting on April 1, 2008. a5 ORDINANCE NO. AN ORDINANCE OF AMENDING § 9 -6 -3 AND ADDING A NEW § 9 -6 -27 TO THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS. The City Council of the City of El Segundo does ordain as follows: SECTION 1: E1 Segundo Municipal Code ( "ESMC ") § 9 -6 -3 is amended by adding the definition of "State Franchisee" in alphabetical order to read as follows: "State Franchisee" means any holder of a State- issued video franchise operating in the City, as defined in Public Utilities Code § 5830(p). SECTION 2: A new § 9 -6 -27 is added to the ESMC to read as follows: "9 -6 -27: STATE VIDEO FRANCHISES: A. PEG Fee Established. In accord with Public Utilities Code § 5870(n), any Grantee of a Franchise, or State Franchisee, must pay the City a fee for the support of PEG channel facilities. The amount of the PEG Fee established by this section 9 -6 -27 is two percent (2 %) of Gross Revenues, as defined in this Code, the applicable City- issued franchise, or Public Utilities Code § 5860(d). B. Franchise Fee Established. For any State Franchisee, the amount of the franchise fee imposed by Public Utilities Code § 5840(q) is five percent (5 %) of Gross Revenues, as defined in Public Utilities Code § 5860(d). In accord with Public Utilities Code § 5860(a), the City Manager, or designee, will prepare and provide to State Franchisees all necessary documentation supporting the percentage franchise fee paid by the incumbent cable operator serving the City. C. Notices from State Franchisees. Any notice a State Franchisee is required to deliver to the City by Public Utilities Code § 5840(m) must be delivered to the City Ml :lager, or designee. D. Nothing in this Chapter is intended to limit or restrict in any way the imposition of any existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a State Franchisee, City franchisee or the services the franchisees provide. E. Customer Service Provisions for State Franchisees. 2� All State Franchisees must comply with all applicable State and Federal laws and regulations regarding customer service and customer protection. 2. The City Manager, or designee, may review the performance of State Franchisees for compliance with the customer service requirements specified in Public Utilities Code § 5900 (the "Customer Service Standards "). 3. If the City believes a material breach of the Customer Service Standards has occurred, the City Manager must give the State Franchisee written notice of any alleged material breach(es). The State Franchisee must remedy the specified material breach(es) not later than thirty (30) days from receipt of the notice. 4. If the State Franchisee fails to remedy the specified material breach(es) within thirty (30) days, the City Manager, or designee, may impose monetary penalties as set forth in this Section. F. The City Manager, or designee, may impose monetary penalties as provided by this Section as follows: Up to five hundred dollars ($500) for each day of each material breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a material breach. For a second material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. For a third or further material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. 4. Any monetary penalty imposed under this section may be appealed by the State Franchisee to the City Council. Appeals must be received in writing by the City Clerk within sixty (60) days of imposition of the penalty. The State Franchisf e may present any relevant written or oral evidence of its choice The City Council may uphold or reverse, in whole or in part, the imposition of the monetary penalties. G. The City Manager, or designee, must ensure PEG transmissions, content, and programming provided by the City to a State Franchisee is in a format 2 �' J compatible with the State Franchisee's system. In the alternative, the transmissions, content, and programming may be provided in a industry standard format, in accord with Public Utilities Code § 5870(g)(1). H. For the duration of any City- issued franchise, if that Franchisee has existing unsatisfied obligations under the franchise to pay to the City any cash payments for the ongoing costs of public, educational, and government access channel facilities or institutional networks, the fee payable by each City and State Franchisee is the Franchisee's pro rata per subscriber share of the cash payment required to be paid by the City franchisee to the City for the costs of PEG channel facilities. Within forty -five (45) days after receiving notice required by Public Utilities Code § 5840(n), each City and State Franchisee must provide to the City Manager, or designee, a written statement of the number of its subscribers within the Franchisee's service area in the City. 2. Within forty -five (45) days after receiving all Franchisee subscriber number statements, the City Manager, or designee, must calculate the division of the cash payments among all City and State Franchisees, and provide written notice to each Franchisee of the Franchisee's share of the cash payment. This amount may expressed as a percentage of gross revenue or as an amount per subscriber, per month, or otherwise. Interconnection. To properly serve the City's interest in PEG programming, each State Franchisee and City Franchisee must comply with the PEG system interconnection requirements of Public Utilities Code § 5870. The City Manager, or his or her designee, may make any interconnection determinations of the City under Public Utilities Code § 5870, including requiring interconnection where the City Franchisee and State Franchisee fail to reach a mutually acceptable interconnection agreement." SECTION 3: Repeal or amendment of any provision of the El Segundo Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. t) SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2008. Kelly McDowell, Mayor 4 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2008, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2008, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk ATTEST: Cynthia Mortesen, City Cjrk I Memos 141, 1WHA114% �VAIRI' W"P., By: ( t Karl H. 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J REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 4, 2008 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tem Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. City Attorney Hensley advised the Council that the Regional Water Quality Control Board had issued a letter dated March 4, 2008 to the City of El Segundo which contained a Notice of Violation and Order with respect to alleged water quality violations in the Santa Monica Bay. The City Attorney recommended that pursuant to Government Code Section 54954.2 the City Council vote to add this matter to the closed session agenda under Government Code Section 54956.9 (b) - threatened litigation. The City Attorney explained that the City did not have notice of the letter or the contents thereof until after the posting of the agenda and that the City Attorney's Office needed direction regarding the handling of the matter prior to the regularly scheduled Council Meeting. The Council by 5 -0 vote approved adding the item to the closed session agenda. The City Attorney also stated that Council would be meeting in closed session pursuant to items identified on the agenda and Government Code §54956.9(b) items were a threat of litigation regarding the Coleman Claim 07 -62 and the Henry Radio Claim 07 -48. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: a] MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 1 3 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) - -3- matters Pulido v. City of El Segundo, et al., Ninth Circuit Court of Appeals Case No. 06- 55539/06 - 55798. Solomon vs. City of El Segundo, LASC Case No. BC372401. Federal Insurance Co. v. City of El Segundo, LASC Case No. YC056394. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS: -0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 2 w REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 4, 2008 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Father Alexei Smith, Saint Andrews Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch PRESENTATIONS (a) Mayor Pro Tern Busch presented a Proclamation to Treemuskateers proclaiming March 8, 2008 as California Arbor Day and invite all citizens to plant and care for Trees to the Sea with Tree Musketeers. (b) Mayor McDowell presented a Proclamation to declare Sunday, March 9, 2008 as "Knights of Columbus Day ". ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - Present Mark Hensley, City Attorney, made a statement regarding political activity during public communications. Stated some examples of the types of statements that were not appropriate during Council Meetings included: introducing yourself as a council candidate, making statements that include any reference to the fact that you are running for council, making statements either in support of or against a candidate, or discussing in any manner city council candidates in the context of the election. However, members of the public do have the right under the Brown Act to discuss any matter that is within the subject matter jurisdiction of the City and have the right to express opinions regarding the City Council and its Members relating to City business. As the City is precluded under the law from using resources for political campaigns, such are by definition not within the subject matter jurisdiction of the City and cannot be discussed during Council Meetings. Stated this admonition also held true for ballot measures and other local, state and federal offices that were the subject of the upcoming election. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 3 33 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. - NONE A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding past and pending improvements at the Urho Saari Swim Stadium (The Plunge) at 219 W. Mariposa Avenue. (Fiscal Impact: None) Richard Brunette, Recreation and Parks Director, gave a report. Council consensus to receive and file report. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 2. Approved Warrant Numbers 2564330 to 2564541 on Register No. 10 in the total amount of $2,168,579.14 and Wire Transfers from 2/8/2008 through 2/21/2008 in the total amount of $1,551,145.16. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 3. Approved Regular City Council Meeting Minutes of February 19, 2008. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 4 34 4. Accepted the work as complete on the Recreation Park Baseball Lighting and Scoreboard Replacement at 339 Sheldon Street. Capital Improvement Program PW No. 07 -07. (Final Contract Amount = $160,305.18). Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. 5. Second reading by title only and adoption of Ordinance No. 1416 to approve an amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council providing Section 21548 (Pre - Retirement Option 2W Death Benefit) for the City's local miscellaneous members (non safety employees). 6. Second reading by title only, and adoption of Ordinance No. 1417 for Zone Text Amendment No. 08 -01 and Development Agreement No. 07 -03 (Second Amendment to Development Agreement No. 03 -01) for the Plaza El Segundo Development. 7. Approved a budget appropriation of $395,000 for building plan review services; Authorized City Manager to execute a Third Amendment to the Professional Services Agreement No. 3636 with MRH Structural Engineers, in a form approved by the City Attorney to increase the amount in the agreement and purchase order by $195,000 for plan review services Authorized City Manager to execute a Professional Services Agreement No. 3790 with JLee Engineering, in a form approved by the City Attorney for an amount and purchase order of $200,000 for plan review services. Expenditures are partially offset by revenue collected for plan review services paid by developers) 8. Declared City property identified in the staff report as surplus and authorized the Purchasing Agent to sell and dispose of City property (computer equipment, office furniture, etc.) that has been designated as surplus and /or unsuitable for continued City use at auction. (Fiscal Impact: Revenue) 9. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH MOTION by Council Member Fisher, SECONDED by Council Member Boulgarides to approve Consent Agenda Items 2, 3, 4, 5, 6, 7 and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 9. Consideration and possible action regarding an update on staffing and workload issues in the Planning and Building Safety Department. (Fiscal Impact: None) Staff to return to Council with updated accurate plan check statistics with inactive files deleted and up to date statistics on the backlog of plan checks and planning projects. Council consensus to received and file an update on staffing and workload issues in the Planning and Building Safety Department. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 5 35 F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — Reminded community that on Saturday, March 8th starting at 9:00 a.m. the final planting of "Trees to the Sea" would be held along Imperial Highway. Council Member Jacobson — Noted that the Douglas Street Grand Opening would be held at 2:00 p.m. on Friday, March 7, 2008. Council Member Boulgarides — Reported that there were still trees to purchase for the "Trees to the Sea" planting and stated that the El Segundo High School would be holding a Blood Drive on Saturday, March 8. Mayor Pro Tern Busch — 10. Consideration and possible action to hold the first El Segundo Environmental Fair on Thursday, July 3, 2008 (Fiscal Impact: $3,000). Jeff Stewart, City Manager, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to approve the El Segundo Environmental Fair to be held in conjunction with the Farmers Market on Thursday, July 3, 2008. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Reported on Little League and Softball Opening Day. Thanked the Police Department and Fire Department for the outstanding customer service and support of the community. Mayor McDowell — Spoke on the upcoming Douglas Street Grand Opening Ceremony on Friday. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. - NONE MEMORIALS — Velma Mae Webster Hines and Jean Jacobson. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 6 3611 ADJOURNMENT at 7:47 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2008 PAGE NO. 7 a17 1 EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a Standard Public Works Contract to Best Contracting Services for the installation of a roof for City Hall above the Council Chambers and air conditioning modifications at 350 Main Street — Project No. PW 08 -02 (Fiscal Impact = $64,590.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Best Contracting Services in the amount of $64,590; (2) Appropriate funds in the amount of $64,590 from the Roof Replacement City Hall; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On January 15, 2008, City Council approved the plans and specifications and authorized staff to solicit bids for the Installation of a Roof for City Hall Above the City Council Chambers and Air Conditioning Modifications. Best Contracting Services submitted the lowest responsible and responsive bid at $64,590.00. On March 4, 2008, the City Clerk's office opened 5 bids that were submitted by 11:00 am. ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: CIP: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $64,590 $0 $64,590 301 -400- 8201 -8511 Award of Contract Yes $64,590 from 301 - 400 - 8201 -8511 (Continued on Next Page) ORIGWAI TED BY: DATE: Dan Garcia, AssisIgnt Ci6 E gineer REVIEWED BY• DATE: Jeff SAAArt, City Manaaer .� o 5 BACKGROUND & DISCUSSION (Continued): The bids were as follows: Rite Way Roof Corp. $109,571 Eberhard $96,361 Solar Integrated Technologies $80,000 Coast Roof Co., Inc. $77,101 Best Contracting Services $64,590 The project is a part of the FY 2007 -2008 Capital Improvement Program and $125,000 was assigned to this project and approved during the budget process. It was not part of last years CIPAC (07/08) but from a previous CIPAC. It had been carried over from previous years. The proposed amount of $64,590 from account 301 -400- 8201 -8511 Roof Replacement City Hall is sufficient to perform this project. The project was initiated due to the repairs that were targeting that area of the City Hall roof. There were leaks and areas that needed to be sealed. The useful life of the roof had run its course and it is time for a replacement roof in this area. A relatively new air conditioning system was placed in this area above the City Council Chambers and will have to be lifted during the roof replacement then re -set in place as part of this project. O Movas NVILVW"W.40 Aw 5 Y g Aiepunog Apo aoedS undo I-- 11 i IL slOO140S �r -- - , i L 1 97 i ; ---- - -- I - - - - - - - ..-� l; I S 3 AN N aJKr A89MI:13U YS n NOM3"n TIVH AIM 0 is h TLL!1�I � tt IT-911-11M JOILTZ-77-2j, -W Ill I L I U, W L LF �l 4 �wl - Ir mv S�Iaomv 901 .40 UP — - — -------- S319cwv Sol r g �i C; JOAIK) EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a Standard Public Works Contract to Pacific Construction Co. for the installation of a Biological Wastewater Closed Loop System at 400 Sepulveda Blvd. — Project No. PW 08 -01 (Fiscal Impact = $71,930.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Pacific Construction Co. in the amount of $71,930; (2) Appropriate funds in the amount of $71,930 from the Golf Course Enterprise Fund and, (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On January 15, 2008, City Council approved the plans and specifications and authorized staff to solicit bids for the Installation of a Biological Wastewater Closed Loop System at the Golf Course Maintenance Yard. Pacific Construction Co. submitted the lowest responsible and responsive bid at $71,930.00. On March 4, 2008, the City Clerk's office opened 5 bids that were submitted by 11:00 am. (Continued on Next Page) ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: CIP: $0 Operating Budget: $71,930 Amount Requested: $71,930 Account Number: 503 -400- 5301 -8103 Project Phase: Award of Contract Appropriation Required: Yes $71,930 from 503 -400- 5301 -8103 O TED B . DATE: Dan Garcia, Assis nt i Engineer REVIEWED BY: / DATE: 31,,-h Jeff Stg6virt, "City Manager ti 1 BACKGROUND & DISCUSSION (Continued): The bids were as follows: Humphrey Constructors $128,200 Atlas- Allied, Inc. $124,680 Clark Contracting $94,800 MMC, Inc. $86,300 Pacific Construction Co. $71,930 The project is a recommendation from the Golf Course Sub - Committee and funds of $60,000 were appropriated from the Golf Course Enterprise Fund (operating budget). An additional $11,930.00 is available in the same fund to use for this purpose. The project consists of a basic small water filtration plant and constructing a concrete pad. The Golf Course vehicles will pull up onto the pad and water from the plant will be sprayed onto the vehicles to clean them every night. The water is then recycled and sediments are trapped in a filter that can be emptied. Water in the plant can last up to 3 years. [l n z � �� J EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System job classification of Equipment Mechanic 1 /11. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Approve the examination plan; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications. Approval of exam plans for Merit System job classifications in all City Departments has been required since the passage of initiative Ordinance No. 586 in April 1962. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Various Project Phase: Appropriation Required: Yes X NO ORIGINATED BY: DATE: February 7, 2008 Bob Hyland, In im Directo uman Resources REVIETrt, DATE: ' Jeff St y Mana ger Agenda 568 7 41-111 BACKGROUND & DISCUSSION: For departments other than the Police and Fire Departments, the plan may consist of any one or combination of the following techniques: 1. Written; 2. Oral; 3. Demonstration; 4. Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the relative capacities of the applicants. Police and Fire Departments: The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following: 1. Oral; 2. Demonstration; 3. Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant. Equipment Mechanic 1/11 (Open- Competitive) Component Weight Multiple Choice, Written Examination Pass /Fail Structured Technical and Career Preparation Interview 100% Previously approved examination plans for Equipment Mechanic 1 (10/16/2001) and Equipment Mechanic II (9/15/1998) did not include a Pass /Fail, multiple- choice written examination. The current testing process is a result of the promotion of an incumbent from Equipment Mechanic II to Equipment Maintenance Supervisor. 4J EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the status on staffing and workload issues in the Planning and Building Safety Department. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Receive and file; and /or 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: This report is a follow up to the one presented to the Council at the meeting on March 4, 2008. At that meeting, staff indicated that the report needs to be corrected because they were based on data from a computer system that has not been properly maintained over the past 5 years due to the lack of resources. In response, Council directed staff to continue working on the problem and provide an update at a later meeting. Staff has been diligently working to correct the data in the permit system and this report is intended to provide the Council with the latest up -dated information available. Building Safety Below are two tables: The current report and the previous report (for reference). Current Report * Of the 50 plans in plan check, 39 are commercial and 11 are residential ** Of the 150 plans in the development process, roughly 80% are commercial and 20% are residential (continued on next page) ATTACHED SUPPORTING DOCUMENTS: 11 Updated Plannina Proiects Summary FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: �/A Awrooriation Required:\ TED BY Yes X NO DATE: March 6, 2008 'GAlry Chicots, i ctor of Plan ing and Building Safety REVI7e:art, DATE: �Z G Jeff ty Ma nager Agenda 559 ning & Building Safety\Staff Reports 2008 \PBS staff report - cc meeting 3 -18 -08 - plan review backlog.doc c U Phase A Phase B Report # of plans in Average Time # of Plans In Average Time Date plan check Since Plan Development Since Plan Submittal Process Submittal 3/11/2008 50* 2.4 weeks 150 ** 14 weeks * Of the 50 plans in plan check, 39 are commercial and 11 are residential ** Of the 150 plans in the development process, roughly 80% are commercial and 20% are residential (continued on next page) ATTACHED SUPPORTING DOCUMENTS: 11 Updated Plannina Proiects Summary FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: �/A Awrooriation Required:\ TED BY Yes X NO DATE: March 6, 2008 'GAlry Chicots, i ctor of Plan ing and Building Safety REVI7e:art, DATE: �Z G Jeff ty Ma nager Agenda 559 ning & Building Safety\Staff Reports 2008 \PBS staff report - cc meeting 3 -18 -08 - plan review backlog.doc c U EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 BACKGROUND & DISCUSSION Paae 2 Previous Report (For Reference) * Phase A — Plans have been submitted to the City and is waiting for initial plan check by City staff. ** Phase B —Initial plan check have been completed and for various reasons, permits have not been issued. In phase A, the number of plans in plan check went from 55 to 50. This doesn't mean 5 plan checks have been completed since the last report. The new 50 plans in plan check represent a sum of three numbers: 1. 25 plans checked since last report, 2. 20 new plans submitted to the City since last report, and 3. 30 pre- existing plans in the plan check backlog. In phase B, the number of plans in the development process was significantly reduced from 918 to 150. Analysis of the previous plan check report revealed number of errors in the database that contributed to the high, erroneous number of projects in the development process. Majority of the problems were based on staff not properly updating the project status in the computer system over the past five years. One example is when the permit status is changed from "applied" to "issued ", the plan check status needed to be manually updated from "pending" to "approved ". Staff found hundreds of cases where this didn't occur properly. The remaining 150 plans represent projects that have been plan checked by the City, but for various reasons (most beyond City's control) permits have not been issued. Few examples of reasons for delays in obtaining permits are difficulty in obtaining project financing and redesigning of the project or correcting problems found during plan check. The following improvements have been made since the last report: 1. Correct errors — all verified incorrect data have been corrected. 2. Improvements to the Computer System (Automation) — certain status changes will now trigger automatic changes to corresponding statuses. 3. Active Project Report — a new report has been created to better manage plans in the plan check process and to proactively anticipate when delays in plan check and /or overall development process arise. Planning Attached is a status report on planning projects being processed through the Planning Division. According to the report, the total number of projects was reduced from 40 to 38 projects as of March 11, 2008. Two projects are scheduled for the next Planning Commission P: \Planning & Building Safety \Staff Reports 2008 \PBS staff report - cc meeting 3 -18 -08 - plan review backlog.doc , r , 4 1 Phase A* Phase B ** Report # of plans in Average Time # of Plans In Average Time Date plan check Since Plan Development Since Plan Submittal Process Submittal 2/26/2008 55 2.4 weeks 918 26 weeks * Phase A — Plans have been submitted to the City and is waiting for initial plan check by City staff. ** Phase B —Initial plan check have been completed and for various reasons, permits have not been issued. In phase A, the number of plans in plan check went from 55 to 50. This doesn't mean 5 plan checks have been completed since the last report. The new 50 plans in plan check represent a sum of three numbers: 1. 25 plans checked since last report, 2. 20 new plans submitted to the City since last report, and 3. 30 pre- existing plans in the plan check backlog. In phase B, the number of plans in the development process was significantly reduced from 918 to 150. Analysis of the previous plan check report revealed number of errors in the database that contributed to the high, erroneous number of projects in the development process. Majority of the problems were based on staff not properly updating the project status in the computer system over the past five years. One example is when the permit status is changed from "applied" to "issued ", the plan check status needed to be manually updated from "pending" to "approved ". Staff found hundreds of cases where this didn't occur properly. The remaining 150 plans represent projects that have been plan checked by the City, but for various reasons (most beyond City's control) permits have not been issued. Few examples of reasons for delays in obtaining permits are difficulty in obtaining project financing and redesigning of the project or correcting problems found during plan check. The following improvements have been made since the last report: 1. Correct errors — all verified incorrect data have been corrected. 2. Improvements to the Computer System (Automation) — certain status changes will now trigger automatic changes to corresponding statuses. 3. Active Project Report — a new report has been created to better manage plans in the plan check process and to proactively anticipate when delays in plan check and /or overall development process arise. Planning Attached is a status report on planning projects being processed through the Planning Division. According to the report, the total number of projects was reduced from 40 to 38 projects as of March 11, 2008. Two projects are scheduled for the next Planning Commission P: \Planning & Building Safety \Staff Reports 2008 \PBS staff report - cc meeting 3 -18 -08 - plan review backlog.doc , r , 4 1 EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 BACKGROUND & DISCUSSION Paae 3 meeting and two additional projects are anticipated for the April 10th Planning Commission meeting. With the arrival of the two Principal Planners next week, the Planning Division workload is anticipated to be at a historical average level of projects (approximately 25 projects at one given time) in approximately 2 months. P: \Planning & Building Safety\Staff Reports 2008 \PBS staff report - cc meeting 3 -18 -08 - plan review backlog.doc 48 EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding authorization for the Police Department to replace the Watch Commander's Ford Crown Victoria with a police package Chevrolet Tahoe Flex Fuel vehicle piggybacking an existing Los Angeles County Sheriff's Department contract. (Fiscal Impact = $33,200) RECOMMENDED COUNCIL ACTION: 1) Authorize the Police Department to replace the Watch Commander's Ford Crown Victoria, currently due for replacement in the equipment replacement fund, with a police package Chevrolet Tahoe Flex Fuel vehicle. 2) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the bidding process authorizing staff to issue a purchase order piggybacking an existing Los Angeles County Sheriff's Department contract to purchase one police package- Chevrolet Tahoe Flex Fuel vehicle in an amount not to exceed $33,200, which does not include vehicle conversion. 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The current Watch Commander's vehicle, which is a Ford Crown Victoria, has the same equipment as the patrol units, but is also required to carry a tactical vest, a SL -6 multi - projectile launcher, a video camera, a mobile command post table with accessories, and a door ram. It has become increasingly difficult to store and have quick access to the equipment kept in the trunk of this vehicle because of the limited space. After considering several solutions including removal of equipment and a variety of trunk storage boxes, staff concluded that replacing the vehicle with a police package Chevy Tahoe is the most efficient solution. The Tahoe has 60 cubic feet of cargo space, as compared to the Crown Victoria's 21 cubic feet of trunk space. The police package Tahoe was designed with a low center of gravity and heavy duty springs, making it the only pursuit certified SUV. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: - Continued- $33,200 (Equipment replacement) $33,200 601 -400- 3101 -8105 (Equipment replacement) Appropri eq ired: X No ORIG E BY- DATE: m s, Chief of Police REVTwart, DATE: Jeff ty Ma nager cj 0 Background & Discussion (continued): Staff proposes the purchase of the Chevy Tahoe in the Flex Fuel configuration, allowing the vehicle to run on E85 Ethanol, which is a blend of ethanol and gasoline. Although E -85 Ethanol is not currently available in this area, we would have the option to use it if it becomes available. The Tahoe averages 14 MPG in the city while the Crown Victoria averages 15 MPG in the city. v� EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of a contract to Tron Construction, Inc. for construction related to Group 24 (25 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $877,250) RECOMMENDED COUNCIL ACTION: 1) Award contract to Tron Construction, Inc. for Group 24; 2) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; and 3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 19, 2008 the City Clerk's office opened sealed bids for Group 24 (RSI 08 -02) of the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as follows: 1. Tron Construction, Inc. $ 797,500.00 2. S &L Specialty Contracting, Inc. $ 813,500.00 3. Professional Building Contractors, Inc. $ 877,041.00 4. NSA Construction Group, Inc. $ 929,000.00 A review was performed on the Bid from Tron Construction, Inc. was determined to be responsive. (Please see attached page entitled "Background and Discussion (cont.,) ") ATTACHED SUPPORTING DOCUMENTS: 1) Bidder's Proposal and Statement from Tron Construction, Inc. FISCAL IMPACT: Operating Budget: $10,200,000 Amount Requested: $ 877,250 Account Number: 116 -400- 0000 -8960 Group: 24 Appropriation Required: _ Yes X No 4; �JM ames S. O'Neill, Proaram Manaaer REVIEWED BY: Jeff DATE: 3h-1- /,,U 10 5.11 Background and Discussion (cont.) As City Council may be aware, Tron Construction had demonstrated difficulties in maintaining the construction schedule for Groups 15 & 16. Staff has attributed this to two primary factors — discrepancies with the mechanical and electrical portions of scopes of work for many homes, including multiple and conflicting versions of plans, and Tron attempting to perform work on two groups concurrently within the City. The City continues to work with its consultants and Tron to resolve the remaining issues on Groups 15 & 16 and expects to close those groups soon. Tron is also performing work related to Group 19. With not using the two Superintendents utilized for Groups 15 & 16 and only working on one new El Segundo RSI Project, Tron's performance on Group 19 is significantly better. The amount requested for the contract is $877,250, which represents the Total Bid amount shown on the bid and an additional 10% of that Total Bid for potential change orders related to unforeseen conditions. As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, with the exception of elective "Owner Upgrades" selected by property owners, are covered by the settlement with Los Angeles World Airports (LAWA). With the completion of Group 24, the total number of residences completed by the City's RSI program will be 783. J �� BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 08 -02 "Residential Sound Insulation Program — Group 24" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself /herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 24" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: Bidder's Proposal and Statement Group 24 City of El Segundo Residential Sound Insulation Program �j Bidder's Engineer's Bid Property ID Address Description Estimate Amount Subtotal 24.01 204 E. Acacia Ave. RSI Improvements $SA Air Conditioning Upgrade (Mechanical) $ �oZ4l� Air Conditioning Upgrade (Electrical)$ 40 $ $ .SUG $ 6'G;090 24.02 946 Pepper St. RSI Improvements $4 $ 3, 3V<) $ d, 3516) 24.03 942 Pepper St. RSI Improvements $41�U;° 1. $ 30, a -70 $36,a-26 24.04 627 Eucalyptus Dr. RSI Improvements Air Conditioning Upgrade (Mechanical) $5 320 Air Conditioning Upgrade Electrical 1$1494 $1,500 $ J �(5S 24.05 629 Eucalyptus Dr. RSI Im rovements $24'962 $ 35i. Z ej5' $ S; .3.5' Bidder's Proposal and Statement Group 24 City of El Segundo Residential Sound Insulation Program �j 24.06 940 Cedar St., Unit 1 RSI Improvements $281$45, $ ZZ 7-ZO Door A Upgrade $250, $ /SO Windows and Door tint Upgrade 24.07 940 Cedar St., Unit 2 RSI Improvements Door A U rade Windows and Door tint U rade /lo,G IS 24.08 940 Cedar St., Unit 3 RSI Improvements Door A Upgrade Windows and Door tint Upgrade =..$ Q(j -, ; $ y7D 24.09 940 Cedar St., Unit 4 RSI Improvements $ S 41715 Door A Upgrade , , $ 11150 Windows and Door tint Upgrade 24.10 965 Cedar St. RSI Improvements .� $33.735. r$6 ;' ,ZC3 24.11 955 Cedar St. RSI Improvements $3314116 24.12 963 Cedar St. RSI Improvements "�``: $ i; 'YllO $ ay 7043 24.13 959 Cedar St. RSI Improvements ;$t 04 _ $ .3 Window 1 ' Upgrade � $663 Window tint Upgrade 24.14 961 Cedar St. RSI Improvements $23 737 , =: $ 16 S .Sop's 24.15 900 Cedar St., Unit 301 RSI Improvements _� °_. , $ ,5" 5 $ Q q. 5.2 24.16 1 900 Cedar St., Unit 308 RSI Improvements r_$I; ,0 ..'. $ e?&, 77 5 $ '7S 24.17 770 W. Imperial Ave., RSI Improvements 4 f Unit 13 40i 850.. $ a y 7J;6s' $ dv 7e,5 24.18 707 W. Acacia Ave. RSI Improvements Air Conditioning Upgrade (Mechanical) Air Conditioning ; Upgrade Electrical $1,450 $ ,1500 $ 33, 7ZO 24.19 635 W. Acacia Ave. RSI Improvements $ 47 7,50 Window 2 Upgrade $663, $ 4 Window tint Upgrade $ 1.50 $ l�[ /�4- Bidder's Proposal and Statement 2 ity of S ndo Group 24 Residential Sound Insulation Program 5 4 24.20 914 Dune St. RSI Improvements Door A Upgrade $50Q r: $ 300 Windows and door tint U rade $q�,QOQ:,`- ,.;m $ �f'Sd 24.21 921 Hillcrest St. RSI Improvements Door A Upgrade $ ©Q $ .300 $ Door B tint Upgrade 1.20 $ Windows tint U rade x.$4 ` 0 $ 24.22 215 W. Walnut Ave., Front RSI Improvements $ 3.7, P4 0 24.23 215 W. Walnut Ave., Rear RSI Improvements 19 , .;`, $ ,? 17/5 $ 3,1, 115 24.24 305 W. Walnut Ave. RSI Improvements $0,iAW ° s $ 3-V,,7 5 Air Conditioning Upgrade (Mechanical) '` = x° Air Conditioning Upgrade (Electrical) w s Door B tint Upgrade ;'10, . $ Window tint Upgrade Storm Doors Upgrade W w, T ' , .t 24.26 310 W. Imperial Ave, Unit 7 RSI Improvements $i�4'36 -.. $, �a✓`� $3S,aa-5 Total Bid (Contract Sum`) / 5 eel lwl7e✓yi( �y l 17.e /I S P U )i fi/ (words) d $ '% 9 '47 5 00* a (figures) In case of discrepancy between the words and figures, the words must prevail. NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Si, m) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid Bidder's Proposal and Statement Group 24 City of El Segundo Residential Sound Insulation Program 55 This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents. if awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. Name of Firm: TQoti CO NSt2t iCii o rJ , 1 N e Address: Z8457 N • M W-O k, FrzES>`so, CA 83704 Telephone Number: 559 - ZZ.R - 7R92 Contractor's License Number: 33l D? Type of License: CApksS Pv - 6ENC72kt, 13t-tiL D(Ai(s License Expiration Date: —J4NltA" 31, Zooq Type of Entity: ❑ Sole Proprietorship ❑ Partnership ® Corporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Contractor Representative: RON TL* NQa.DSotJ Title: P .Esioot s i Signature: Dated this IGTIA day of T�VEAZuaej 12008. If Corporation, please attach evidence of authority to sign. Bidder's Proposal and Statement 4 City of El Segundo Group 24 Residential Sound Insulation Program 56 I, Sharyn Donaldson, certify that I am the secretary of the corporation named herein; that Ron Donaldson who signed this Bid Proposal on behalf of the corporation, was then President of said corporation; that said Bid Proposal is within the scope of its corporate powers and was duly signed for and on behalf of said corporation by authority of its governing body, as evidenced by the attached true and correct copy of the corporate seal and articles of incorporation. Sharyi Donaldson, Secretary/ Treasurer Date: 5 r' EL SEGUNDO CITY COUNCIL MEETING DATE: March 18, 2008 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contracts to S &L Specialty Contracting, Inc. for construction related to Group 25 (31 residences) and Group 26 (25 residences) of the Residential Sound Insulation (RSI) Program. (Estimated construction cost and retention: $1,690,040) RECOMMENDED COUNCIL ACTION: 1) Reject bid submitted by C.A. S. General Contractor for Group 25; 2) Award contracts to S &L Specialty Contracting, Inc. for Groups 25 and 26; 3) Authorize the City Manager to execute construction contracts in a form approved by the City Attorney; and 4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 26, 2008 the City Clerk's office opened sealed bids for Group 25 (RSI 08 -03) of the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as follows: 1. C.A.S. General Contracor $ 615,050.00 2. S &L Specialty Contracting, Inc. $ 748,200.00 3. G.E. Chen Constructions, Inc. $ 758,448.00 4. NSA Construction Group, Inc. $ 798,000.00 5. Ardalan Construction Co. $ 814,340.00 6. Professional Building Contractors, Inc. $ 846,852.00 7. Tron Construction, Inc. $ 876,600.00 (Please see attached page entitled "Background and Discussion (cont.,) ") ATTACHED SUPPORTING DOCUMENTS: 1) Bidder's Proposal and Statement from C.A.S. General Contractor 2) Bidder's Proposal and Statement from S &L Specialty Contracting, Inc. FISCAL IMPACT: Operating Budget: $10,200,000 Amount Requested: $ 1,690,040 Account Number: 116 -400- 0000 -8960 Groups: 25 and 26 Appropriation Required: _ Yes X No ORIGINATED: DATE: March 7, r_ dames S. O'Neill, Program Ma REVIEWED BYE Jeff Stehart, Citv Manager DATE: V/2 58 11 Background and Discussion (cont.) A review was performed on the Bid from C.A.S. General Contractor for Group 25 and it was determined to be non - responsive. C.A.S. General Contrators' bid did not list the manufacturers of the major products on which their bid was based. A review was performed on the Bid from S &L Specialty Contracting, Inc. for Group 25 was determined to be responsive. S &L Specialty Contracting, Inc. has completed construction work on Groups 5 — 9 (137 residences) on the City's RSI Program, is completing work related to Group 17 (27 residences), and has started work related to Groups 21 and 22 (59 residences). The amount requested for the Group 25 contract is $823,020, which represents the Total Bid amount shown on the bid and an additional 10% of that Total Bid for potential change orders related to unforeseen conditions. On March 6, 2008 the City Clerk's office opened sealed bids for Group 26 (RSI 08 -04) of the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as follows: 1. S &L Specialty Contracting, Inc. $ 788,200.00 2. G.E. Chen Constructions, Inc. $ 857,795.00 3. Professional Building Contractors, Inc. $ 877,300.00 4. Tron Construction, Inc. $ 895,950.00 5. Y &M Construction $ 944,820.00 6. NSA Construction Group, Inc. $ 987,304.00 7. Horizons Construction Co.' $ 994,055.11 A review was performed on the Bid from S &L Specialty Contracting, Inc. for Group 26 was determined to be responsive. Again, S &L Specialty Contracting, Inc. has completed construction work on Groups 5 — 9 (137 residences) on the City's RSI Program, is completing work related to Group 17 (27 residences), and has started work related to Groups 21 and 22 (59 residences). The amount requested for the Group 26 contract is $867,020, which represents the Total Bid amount shown on the bid and an additional 10% of that Total Bid for potential change orders related to unforeseen conditions. As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, with the exception of elective "Owner Upgrades" selected by property owners, are covered by the settlement with Los Angeles World Airports (LAWA). With the completion of Groups 25 and 26, the total number of residences completed by the City's RSI program will be 814. 5 9 BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 08 -03 "Residential Sound Insulation Program — Group 25" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself /herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 25" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: Bidder's Proposal and Statement Group 25 60 City of El Segundo Residential Sound Insulation Program Bidder's Engineer's Bid Property ID Address Descri tion Estimate Amount Subtotal 25.01 742 Redwood Ave. RSI Improvements a s' $ $ 29,350.00 Door A Upgrade {' $ 200 25.02 724 W. Acacia Ave. RSI Improvements $ $ in non-on 25.03 913 Dune St. RSI Improvements `` �! $ 31, 000 Air Conditioning Upgrade (Mechanical); $ 6,000 Air Conditioning ` Upgrade (Electrical) _ $ 1,000 $ 38, 000.00 25.04 947 Cypress St. RSI Improvements = % 39 , 800 $ 39 800.00 25.05 221 W. Walnut Ave. RSI Improvements "« ` $ 4.5 , 000 $ 4 3 , 000.00 25.06 508 W. Imperial Ave. RSI Improvements Unit 1 $ 50,000 $ 50,000-00 25.07 508 W. Imperial Ave. RSI Improvements k Unit 2:,, $ 11,000 $ 11,000.00 25.08 508 W. Imperial Ave. RSI Improvements Unit 3 $ 1 1 , 000 $ 1 1 , 000.00 Bidder's Proposal and Statement Group 25 60 City of El Segundo Residential Sound Insulation Program 25.09 508 W. Imperial Ave. Unit 4 RSI Improvements :` 42° ' ' "4 , , $ 13,000 $13,000.00 25.10 508 W. Imperial Ave. Unit 5 RSI Improvements OR g� "" ; $ 9,400 $ 9,400.00 25.11 508 W. Imperial Ave. Unit 6`" RSI Improvements $ 8,400. $ 8,400.00 25.12 508 W. Imperial Ave. Unit 7'� RSI Improvements t'i $ $ 25.13 508 W. Imperial Ave. Unit 8 RSI Improvements' $ 9,000 $ 9,000.00 25.14 508 W. Imperial Ave. Unit 9 RSI Improvements �tf 5": $ 9,500 $ 9,500.00 25.15 508 W. Imperial Ave. Unit 10 RSI Improvementsr $ 9,500 $ 9,500.00 25.16 508 W. Imperial Ave. Unit 11 RSI Improvements `a 4 �" $10,300 $ I 0 , 300.00 25.17 900 Cedar St. 4209 RSI Improvements `': $19,000 $1 .00 25.18 900 Cedar St. 4203 RSI Improvements T $20,000 $ 20 , 000.00 25.19 900 Cedar St. # 106 RSI Improvements <r $21 000 $21 000.00 25.20 950 Virginia St. #101 RSI Improvements `' $19,000 $19,000.00 25.21 950 Virginia St. #201 RSI Improvements $19,000.00 25.22 950 Virginia St. #301 RSI Improvements ,,.:` ;' $ $ 25.23 950 Virginia St. #102 RSI Improvements $19,000 $19,000.00 25.24 950 Virginia St. 4202 RSI Improvements - =`< $19,000 $ 25.25 950 Virginia St. #302 RSI Improvements E _ $19,000 $ l 9 , 000.00 25.26 950 Virginia St. #103 RSI Improvements $19,000 $19.000.00 25.27 950 Virginia St. #203 RSI Improvements $19,000 $19,000.00 25.28 1 950 Virginia St. #303 RSI Improvements $18,000 $18 000.00 25.29 950 Virginia St. #104 RSI Improvements :f :, $ $ 25.30 950 Virginia St. #204 RSI Improvements "'' = $18000 $18,000.00 25.31 950 Virginia St. #304 RSI Im rovements $18,000 $18,000.00 Total Bid (Contract Sum) * *Six Hundred Fifteen Thousand Fifty & No /100 ** (words) $ 615,050.00 (figures) In case of discrepancy between the words and figures, the words must prevail. NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid 6l Bidder's Proposal and Statement 2 City of El Segundo Group 25 Residential Sound Insulation Program This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. Name of Firm: C.A.S. GENERAL CONTRACTOR Address: 19827 ReedView Dr. Rowland Heights, CA. 91748 Telephone Number: ( 909) 993 -4874 Contractor's License Number: 319751 -B Type of License: B License Expiration Date: November 30, 2009 Type of Entity. Sole Proprietorship ❑ Partnership ❑ Corporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Contractor Representative: Title: Signature: Dated this 26 day of February , 2008 If Corporation, please attach evidence of authority to sign. 6 n U Bidder's Proposal and Statement 3 City of El Segundo Group 25 Residential Sound Insulation Program ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Bidder acknowledges receipt of the following addenda, has become familiar with their contents, and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must attach copies of transmittal letters and facsimile cover sheets for each identified addendum. Addendum Number Addendum Number Addendum Number Addendum Number Addendum Number Addendum Number Addendum Number Addendum Number Signature: ` -5 Date: Date: Date: Date: Date: Date: Date: Date: Dated this _ 26 day of Februar 2008. 6r) J Bidder's Proposal and Statement 4 City of El Segundo Group 25 Residential Sound Insulation Program DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the Government Code of the State of California) and any amendments thereof, each bidder must set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one -half of one percent (0.5 %) of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act and their license number. The prime contractor must list only one subcontractor for each such portion as is defined by the, prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one -half of one percent (0.5 %) of the prime contractor's total bid, the Contractor must be deemed to have agreed that he /she is fully qualified and will perform that portion themselves. No prime contractor whose bid is accepted must (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or subcontract any portion of the work in excess of one -half of one percent (0.5 %) of the prime contractor's total bid as to which the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one -half of one percent (0.5 %) of the prime contractor's total bid as to which no subcontractor was designated in the original bid must only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City awarding this contract setting forth the facts constituting the emergency or necessity. MATERIAL SUPPLIERS 6 Proposal and Statement 5 City of El Segundo Group 25 Residential Sound Insulation Program Manufacturer Supplier Contract Value Aluminum Windows 00 Cab Contact Person Contact Person 1 l Company Company (^� Address Address City / State / Zip Code City / State Z Code (.32 2�) Phone Number Phone Number c X231 2619 - 3353 Fax Number Fax Number Email Address Email Address 6 Proposal and Statement 5 City of El Segundo Group 25 Residential Sound Insulation Program Vinyl Windows Contact Person Contact Person Company Company Address Address Address Address City / State / Zip Code City / State / Zip Code Phone Number Phone Number Fax Number Fax Number Email Address Email Address Wood Doors Contact Person Contact Persons� %"Yx 1CxlQ Tl i \\ cy, \�C� Company Company, 1 Address �A�dd�ress p 1Le?F.z 1�iY�'��. k 90a-212, City / State / Zip Code City / State/ 2Q Code (.�z31Z -1�1 Phone Number Phone Number (�z31 zl a o Fax Number Fax Number OCG °Q Email Address Email Address Bidder's Proposal and Statement Group 25 City of Cl Segundo Residential Sound Insulation Program fj J Secondary (Storm) Doors Contact Person Contact Person Company Company tlCv �9 Address Address �v City /State / "Lip Code City /State / Zip Code Phone Number Phone Number Fax Number Fax Number Email Address Email Address Sliding Glass Contact Person Contact Person Doors ;(A Company Company Address Address City / State / Zip Code City / State \/ Z Code Phone Number Phone Number ( -; Z LA-V Fax Number Fax Number $ 12 000-00 Email Address Email Address Secondary Sliding Glass Contact Person Contact Person Doors r\ \ �j N� Company Company CIj 6 "t tn� Address Address 11; j lY City / State / Zip Code City / State / Zip Code ` oo Phone Number Phone Number Fax Number Fax Number Email Address Email Address Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program b V Fireplace Dampers Contact Person Contact Person Company C. mpany cqt1O ct IMMA,INA Address Address (� ,,F )C) lk� % A / State /�7lip ode City / State / Zip Code /City Phone Number Phone Number Fax Number Fax Number Email Address Email Address Fireplace Glass Contact Person Contact Person Doors c IICA Company Opmpany :::\ 'An �,\(a � c^lcm Address Address )i,,) � Qb A gcau City / State / Zip Code City / State / Zip d4 de c ��7 �12•l� -1 - �,s�� Phone Number Phone Number Fax Number Fax Number C> O —7,b Cep Email Address Email Address HVAC Equipment Contact Person Contact Person 1 i ` l Com any Company ',�: 0 • �T V--OLA 9- Address Address City / State / Zip Code -bknl City / State /'Lip Code l hbh3 Phone Number Phone Number Fax Number Fax Number Email Address CCC) Email Address Bidder's Proposal and Statement Group 25 6; City of El Segundo Residential Sound Insulation Program SUBCONTRACTORS Bidder's Proposal and Statement Group 25 bu City of El Segundo Residential Sound Insulation Program Contract Address & City of Total & Name of Subcontractor's License Percentage Work Activity Subcontractor Business Location Number of Bid Total �0 <-"ukC, M\ I A UPSNOO 15 `-1 la cm9c)r5 Z 3 a Bidder's Proposal and Statement Group 25 bu City of El Segundo Residential Sound Insulation Program BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 08 -03 "Residential Sound Insulation Program — Group 25" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself/herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 25" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: Bidder's Proposal and Statement Group 25 City of El' Segundo Residential Sound Insulation Program 6 i Bidder's Engineer's Bid Property ID Address Description Estimate Amount Subtotal 25.01 742 Redwood Ave. RSI Improvements $ &ta 35 200 ' Door A Upgrade $ t; 25.02 724 W. Acacia Ave. RSI Improvements $ 43 000 $ 4 a° 25.03 913 Dune St. RS1 Improvements Air Conditioning Upgrade Mechanical $ Air Conditioning Upgrade Electrical $ 2 �0 $ Atl 25.04 947 Cypress St. RSI Improvements $ 4 bW—' $'� 25.05 221 W. Walnut Ave. RSI Improvements $q •— $ °' 25.06 508 W. Imperial Ave. RSI Improvements ap Unit 1 $ 2—S Mt $ 2 Cif °� 25.07 508 W. Imperial Ave. RSI Improvements Unit 2 $ o� $ 25.08 508 W. Imperial Ave. RSI Improvements a `�o� C% Unit 3 $ $\�pFz- Bidder's Proposal and Statement Group 25 City of El' Segundo Residential Sound Insulation Program 6 i 25.09 508 W. Imperial Ave. Unit 4 RSI Improvements $ $ 25.10 508 W. Imperial Ave. Unit 5 RSI Improvements $\3 urJ1U co 25.11 508 W. Imperial Ave. Unit 6 RSI Improvements $�S `oo� o $ i5 00� 25.12 508 W. Imperial Ave. Unit 7 RSI Improvements $ �! $ 25.13 508 W. Imperial Ave. Unit 8 RSI Improvements CQ $ `2 ,tW $V2,ZVO 25.14 508 W. Imperial Ave. Unit 9 RSI Improvements cc. $ V 2 LM RSI Improvements _,, $ Z W 25.15 508 W. Imperial Ave. Unit 10 .e 25.16 508 W. Imperial Ave. Unit 11 RSI Improvements $ �`�`� $ 25.17 900 Cedar St. #209 RSI Improvements $ 2 'I It -11R 1 25.18 900 Cedar St. 4203 RSI Im rovements $ (o = — $ 2-(. 25.19 900 Cedar St. #106 RSI Improvements $ om °' $ Z '" 25.20 950 Virginia St. #10 1 RSI Improvements $ 2 1w $-L '° 25.21 950 Virginia St. #201 RSI Improvements $Z 1 - -- $Z °' 25.22 950 Virginia St. #301 RSI Improvements $Z 'C)W $?A , 25.23 950 Virginia St. # 102 RSI Improvements $Z �C9J" $2-41W" 25.24 950 Virginia St. #202 RSI Improvements $ 2S Otu o° $ Z 25.25 950 Virginia St. #302 RSI Improvements $ btu-- $ 2 d 25.26 950 Virginia St. #103 RSI Improvements $Z4,tmL ' $2 � 25.27 950 Virginia St. #203 RSI Improvements $Z4 0o�"d' $Z 25.28 950 Virginia St. #303 RSI Improvements $ 22 b $ 25.29 950 Virginia St. #104 RSI Improvements $2 — $Z3 '` 25.30 950 Virginia St. #204 RSI Improvements 25.31 950 Virginia St. #304 RSI Im rovements $Z A' $ Z4 C) a Total Bid \(Contract Sum) ^_s2v� T��`� �� -te�� �����c.5gh� �ba �v�K�� 1J•i`HX S (words) $ � (figures) In case of discrepancy between the words and figures, the words must prevail. NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid Bidder's Proposal and Statement Group 25 City of El Segundo co og Residential Sound Insulation Program 7 U This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to ,the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. S &L Specialty Contracting, Inc. Name of Firm: 315 South Franklin Street SyrilcuSti, NY 13202 Address: Telephone Number: J/5-4 7 Contractor's License Number: Type of License: Zo License Expiration Date:�(� /3 Type of Entity:❑ Sole Proprietorship ❑ Partnership Morporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Contractor Representative: Title: Signature: TOLm-Ps VV - a-n c-, Dated this -7- day If Corporation, please attach evidence of authority to sign. X Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program �l WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF S &L SPECIALTY CONTRACTING, INC. APRIL 23, 2004 OMNIBUS RESOLUTION Resolved, that James W. Leana, President of S &L Specialty Contracting, Inc. is authorized and empowered to execute any documents in his discretion on behalf of S &L Specialty Contracting, Inc. IN WITNESS WHEREOF, the foregoing resolutions is hereby consented to and approved as of the date first written above. This Consent may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. J W. Leana President S &L Specialty Contracting, Inc. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Bidder acknowledges receipt of the following addenda, has become familiar with their contents, and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must attach copies of transmittal letters and facsimile cover sheets for each identified addendum. Addendum Number Addendum Number Addendum Number Addendum Number Date. 2--14 " Date: Date: Date: Addendum Number Date: Addendum Number Date: Addendum Number Date: Addendum Number Date: Signature: Bidder's Proposal and Statement Group 25 2008. 4 City of El Segundo Residential Sound Insulation Program DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title I of the Government Code of the State of California) and any amendments thereof, each bidder must set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one -half of one percent (0.5 %) of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act and their license number. The prime contractor must list only one subcontractor for each such portion as is defined by the, prime contractor in this bid. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one -half of one percent (0.5 %) of the prime contractor's total bid, the Contractor must be deemed to have agreed that he /she is fully qualified and will perform that portion themselves. No prime contractor whose bid is accepted must (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or subcontract any portion of the work in excess of one -half of one percent (0.5 %) of the prime contractor's total bid as to which the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one -half of one percent (0.5 %) of the prime contractor's total bid as to which no subcontractor was designated in the original bid must only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City awarding this contract setting forth the facts constituting the emergency or necessity. MATERIAL SUPPLIERS Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program r7 . `t Manufacturer Supplier Contract Value Aluminum Windows 1 Q '�` ti �'�1��ti��S,� -� �� `Scs . �S4u Contact Person SS Contact Person Company Company Address Address ,,,C*, C Z�kN City / State / Zip Code ld2o 22-- -, o City / State / Zip Cod 6k_° Z4-�• �ko �- Phone Number bZo -2'Z -4 - 3kr - Phone Number �Z--7 Fax Number Fax Number ePo-. Q CZp�t �O.saL.Cuv� Email Address ee_WkEs> gv.DA_.t &s . wVv% Email Address Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program r7 . `t Vinyl Windows \\ \ Contact Person Company Contact Person Company Address Address Address Address City / State / Zip Code Q,°o 56-L 84 4 City / State / Zip Code Phone Number IL-A-k- - Phone Number Fax Number Fax Number Email Address Email Address Wood Doors Contact Person �e_5 Contact Person \OR QSO C Company Company Address Address \,�,A, C;�, 90U:�1 City / State / Zip Code City / State / Zip Code \3 tA\ 5 Phone Number Phone Number �SbZI 4�3-�b \S Fax Number Fax Number Email Address Email Address Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program ry-- r �% Secondary (Storm) Doors Contact Person Contact Person \ Seec. Company Com y' Address Address City / State / Zip Code City / State / Zip Code Phone Number Phone Number Fax Number Fax Number Email Address Email Address Sliding Glass ` 13 Contact Person ` . Contact Person Doors Company �Zo$ Company Address Address �Vw Io OMA City / State / Zip Coac City / State / Zip Code k8.�, -2. \-1)r- Phone Number Phone Number Fax Number Fax Number Email Address Email Address Secondary Slide Slidi ng Contact Person Contact Person Doors Company Company Address Address City / State / Zip Cod City / State / Zip Code Phone Number Phone Number Fax Number Fax Number \ V Email Address Email Address Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program tj 0 r. Fireplace Dampers oa Contact Person Contact Person � \ Company Company \\ u \ � Address Address City / State / Zip Code City / State / "Zip Code `-C3ro 3106 Phone Number 1 `-' 1\ `Xk� Phone Number Fax Number Fax Number Email Address Email Address Fireplace Glass Q Contact Person Contact Person Doors '� -�` \� Company Company 11 Address Address V\c>,�-- fi 44�oh City / State / Zip Code City / State / Zip Code az>c� 633 Phone Number Phone Number Fax Number Fax Number Email Address Email Address HVAC Equipment ��NQ `, 5� � Contact Person Contact Person Company Company Address Address City / State / Zip Code City / State / Zip Code Phone Number Phone Number Fax Number Fax Number Email Address Email Address Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program t7•-, SUBCONTRACTORS Work Activity Name of Subcontractor Address & City of Subcontractor's Business Location License Number Contract Total & Percentage of Bid Total `�k 4`k 6pO Bidder's Proposal and Statement Group 25 City of El Segundo Residential Sound Insulation Program ;s BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 08 -04 "Residential Sound Insulation Program — Group 26" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself/herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying 'BIDDING INSTRUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 26" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: 26.01 1 718 Redwood Ave Tint on Windows 2 & 6 Upgrade RSI Improvement: Window Grid Lion Window tint Bidder's Proposal and Statement 1 Group 26 $ N3 1$ City of El Segundo Residential Sound Insulation Program 7,51 Bidder's Engineer's Bid Property ID Address Description Estimate Amount Subtotal 26.01 770 W. Imperial Ave., Unit 3 RSI Improvements $1'� I $ 26.02 910 Dune Street RSI Improvements $ 2 Door A U rade �c2 $ �� Door Hardware Upgrade $ 2�w 26.03 712 W. Acacia Ave. RSI Improvements $ 3 Window grids UDarade 26.01 1 718 Redwood Ave Tint on Windows 2 & 6 Upgrade RSI Improvement: Window Grid Lion Window tint Bidder's Proposal and Statement 1 Group 26 $ N3 1$ City of El Segundo Residential Sound Insulation Program 7,51 26.05 745 Redwood Ave. RSI Improvements Window tint $ L .00R 1 $ Z OW- 26.18 311 W. Acacia Ave. Upprade , 1i�1 r.l $ Door A Upgrade Door A Upgrad e Air Conditioning Door tint Upgrade Upgrade Window tint U rade Mechanical Patio doors tint Upgrade Air Conditioning Upgrade Electrical 26.06 228 W. Imperial Ave., RSI Improvements Unit 1 26.07 228 W. Imperial Ave., RSI Improvements Unit 2 26.08 228 W. Imperial Ave., RSI Improvements Unit 3 26.09 228 W. Imperial Ave., RSI Improvements Unit 4 26.10 228 W. Imperial Ave., RSI Improvements Unit 5 26.11 228 W. Imperial Ave., RSI Improvements Unit 6 26.12 1 228 W. Imperial Ave., RSI Improvements Unit 7 26.13 228 W. Imperial Ave., RS1 Improvements Unit 8 26.14 533 W. Maple Ave. RSI Improvements 26.15 647 W. Sycamore Ave. RSI 1m rovements 26.16 937 Cypress St. RSI Improvement Door tint Upgrade Window tint Umzrade 30F. Vs% bu 2—N m � . 01$5512 26.17 939 Cypress St. RSI Improvements $ L .00R 1 $ Z OW- 26.18 311 W. Acacia Ave. RSI Improvements , 1i�1 r.l 2—N m � . 01$5512 26.17 939 Cypress St. RSI Improvements $ L .00R 1 $ Z OW- 26.18 311 W. Acacia Ave. RSI Improvements $ Door A Upgrad e $ gp C Door tint Upgrade $ 'ZM06i Window tint U rade $ CAS° Patio doors tint Upgrade Bidder's Proposal and Statement 2 City of El Segundo Group 26 Residential Sound Insulation Program AIN UU 26.19 951 Loma Vista Street RSI Improvements Window grid $3� Upgrade $ 'L $ z�,5on Air Conditioning $ — $2 Upgrade Mechanical $ R $ 04C Air Conditioning $ 3,0. v-P Upgrade $ '3 C9nJ $ C1� Electrical 26.20 953 Loma Vista Street RSI Improvements Air Conditioning Upgrade Mechanical Air Conditioning Upgrade Electrical 26.21 955 Loma Vista Street RSI Improvement., Air Conditioning Upgrade Mechanical Air Conditioning Upgrade Electrical 26.22 967 Loma Vista Street RSI Improvement Window grids Upgrade Air Conditioning Upgrade Mechanical Air Conditioning Upgrade Electrical 26.23 971 Loma Vista Street RSI Im rovemev 26.24 907 Virginia Street RSI Improvement Air Conditioning Upgrade Mechanical Air Conditioning Upgrade Electrical 26.25 1937 Eucalyptus Drive I RSI Im rovemen $�3 $ -JO o $3\oc,00 $3� $ 'L $ z�,5on $3,00 $ — $2 $ 33 $ R $ 04C $-: a4=00 $ 3,0. v-P $ '3 C9nJ $ C1� Bidder's Proposal and Statement 3 City of El Segundo Group 26 Residential Sound Insulation Program M Total Bid (Contract Sum) \ \ (words) $ � 8� lr --Z,� _ o 0 (figures) In case of discre anc between the words and figures, the words must prevail. NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. S &L Specialty Contracting, Inc. Name of Firm: 315 South Franklin Street — 8yiscuse, NY 13202 Address: _ / ,, Telephone Number: 31, 479 � 74CP Contractor's License Number: 79& &O Type of License: A3 e Zy License Expiration Date: 7 - 51— r O Type of Entity: ❑ Sole Proprietorship ❑ Partnership*Corporation 0 Other I declare under penalty of perjury that the foregoing is true and correct. Bidder's Proposal and Statement 4 City of El Segundo Group 26 Residential Sound Insulation Program S 8 4� Contractor Representative: Title: Signature: Dated this 2!E5 day of 12008. If Corporation, please attach evidence of authority to sign. Bidder's Proposal and Statement Group 26 City of El Segundo Residential Sound Insulation Program M WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF S &L SPECIALTY CONTRACTING, INC. APRIL 23, 2004 OMNIBUS RESOLUTION Resolved, that James W. Leana, President of S &L Specialty Contracting, Inc. is authorized and empowered to execute any documents in his discretion on behalf of S &L Specialty Contracting, Inc. IN WITNESS WHEREOF, the foregoing resolutions is hereby consented to and approved as of the date first written above. This Consent may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Josep A. Servidone J W. Leana Seer t y President S&q S ecialty Contracting, Inc: S &L Specialty Contracting, Inc. . '