2008 NOV 18 - CC PACKET - REVREVISED 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, NOVEMBER 18, 2008 - 7:00 P.M.
ITEM NO. 11 ADDED UNDER CONSENT AGENDA
7:00 P.M. SESSION
CALL TO ORDER
Next Resolution # 4577
Next Ordinance # 1425
INVOCATION — Pastor Roger Kinsey, Pacific Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
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PRESENTATIONS
a. Proclamation announcing Spark of Love Toy Drive November 25 through December 15,
2008.
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 (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
1. Consideration and possible action to adopt the Aviation Safety and Noise Abatement
Committee's ( ASNAC) recommended comments to the California Department of
Transportation in response to Los Angeles International Airport's (LAX) request for a
Noise Variance regarding its operations at LAX.
Recommendation — (1) Receive ASNAC recommendations as part of El Segundo's input to
the LAX Noise Variance process; (2) 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.
0
2. Warrant Numbers 2568633 to 2568885 on Register No. 3 in the total amount of
$558,075.31 and Wire Transfers from 10/24/2008 through 11/06/2008 in the total
amount of $1,117,342.40.
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.
3. Regular City Council Meeting Minutes and Special City Council Meeting Minutes of
November 5, 2008.
Recommendation — Approval.
4. Consideration and possible action regarding approval of a revised Class
Specification for the job classification of Park Maintenance Supervisor.
Recommendation — (1) Approve the proposed Class Specification; (2) Alternatively, discuss
and take other action related to this item.
5. Consideration and possible action regarding approval of the Employment
Examination Plan for Pool Maintenance Technician.
Recommendation — (2) Approve the Examination Plan for Pool Maintenance Technician; (2)
Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding acceptance of the project for the 2007-
2008 annual contract for curb, gutter, handicap access ramps, sidewalk and other
minor improvements at various locations citywide. Approved Capital Improvement
Project. Project No. PW 08 -05. CDBG Project No. 601066 -07. (Fiscal Impact:
$231,446.20)
Recommendation — (2) Accept the work as complete; (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take
other action related to this item.
7. Consideration and possible action to approve a Professional Service Agreement with
AKM Consulting Engineers for improvements to the City's wastewater collection
system, specifically a conceptual design of possible elimination of Pump Station No.
7 (640 Virginia Street), the upgrade of Pump Station No. 1 (625 West Acacia Avenue),
and the replacement of the force main from Pump Station No. 1 to Imperial Avenue.
(Fiscal Impact: $276,480)
Recommendation — (1) Approve a Professional Service Agreement with AKM Consulting
Engineers; (2) Authorize the City Manager to execute the agreement in a form as approved
by the City Attorney; (3) Alternatively, discuss and take other action related to this item.
5
8. Consideration and possible action to authorize staff to solicit bids for the upgrade of
field lighting at George Brett Field and the Softball Field in Recreation Park at 339
Sheldon Street. Approved Capital Improvement Program Project No. PW 08 -15
(Fiscal Impact: $290,000)
Recommendation — (1) Authorize staff to solicit bids for the upgrade of field lighting at Brett
Field and the Softball Field; (2) Alternatively discuss and take other action related to this
item.
9. Consideration and possible action authorizing the City Manager to enter into an
agreement to accept a matching grant of $24,000 in funding from the Governor's
Office of Emergency Services ( "OES ") that authorizes the El Segundo Fire
Department to evaluate and implement a pilot community notification system for
mass notifications. The City's twenty percent (20 %) match will be through a soft
match of staff resources and Beach Cities Community Awareness and Emergency
Response Association ( "CAER ") participation. (Fiscal Impact: $24,000)
Recommendation — (1) Authorize the City Manager to enter into an agreement to accept a
grant of $24,000 in funds from the OES to evaluate mass notification systems and select a
vendor for a pilot community notification system; (2) Alternatively, discuss and take other
action related to this item.
10. Consideration and possible action to approve a resolution to support the City's
participation in the South Bay Cities Council of Governments Energy Partnership.
(Fiscal Impact: None)
Recommendation — (1) Approve the attached resolution that supports the South Bay Cities
Council of Governments Energy Partnership and our City's participation in the programs and
projects of the South Bay Environmental Savings Center; (2) Alternatively, discuss and take
other action related to this item.
11. Consideration and possible action regarding awarding a contract to S&L Specialty
Contracting, Inc. for construction related to Group 29 (27 homes) of the City's
Residential Sound Insulation Program (Project No. RSI 08 -17). (Estimated
construction cost and retention: $547,800)
Recommendation — (1) Accept the withdrawal of Bid from DAB Construction, Inc.; (2)
Determine that the failure to acknowledge Addendum #2 on the bid form by S &L Specialty
Contracting, Inc. be considered a "immaterial irregularity "; (3) Waive the "immaterial
irregularity" of the Bid from S &L and award a contract to S &L Specialty Contracting, Inc. for
Group 29; (4) Authorize the City Manager to execute a contract in a form approved by the
City Attorney; (5) 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 Brann —
Council Member Fisher —
Council Member Jacobson —
Mayor Pro Tern Busch —
12. Consideration and possible action regarding a presentation and discussion regarding
public art regulations and direction to the Planning and Building Safety staff to
prepare an ordinance amending the Municipal Code to establish regulations for a
"Percent for Art or Art in Public Places Program ". (Fiscal Impact: None)
Recommendation — (1) Receive staff presentation; (2) Discussion; (3) Direct Planning and
Building Safety staff to prepare an ordinance to amend the Municipal Code to establish
regulations for a "Percent for Art or Art in Public Places Program "; (4) Alternatively, take
other possible related action to this item.
7
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: November 13, 2008
TIME: 2:20 .m.
NAME:
EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 2008
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract to S &L Specialty Contracting,
Inc. for construction related to Group 29 (27 homes) of the City's Residential Sound Insulation
Program (Project No. RSI 08 -17).
(Estimated construction cost and retention: $547,800)
RECOMMENDED COUNCIL ACTION:
1. Accept the withdrawal of Bid from DAB Construction, Inc.
2. Determine that the failure to acknowledge Addendum #2 on the bid form by S &L Specialty
Contracting, Inc. be considered a "immaterial irregularity"
3. Waive the "immaterial irregularity" of the Bid from S &L and award a contract to S &L
Specialty Contracting, Inc. for Group 29
4. Authorize the City Manager to execute a contract in a form approved by the City Attorney;
and/or
5. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter submitted by DAB Construction requesting to withdraw their bid
2. First four (4) pages of the bid form from the bid submitted by S &L Specialty Contracting
3. Letter submitted by S &L Specialty Contracting, Inc. regarding Addendum #2
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manag p
REVIEWED BY: Greg Carpenter, Director of and Building Safety/.
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On November 3, 2008 the City Clerk's office opened sealed bids for Group 29 (RSI 08 -17) of
the City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as
follows:
1. DAB Construction, Inc ............................... .......................$429,260
2. S &L Specialty Contracting, Inc .................. .......................$498,000
3. Karabuild Development, Inc ....................... .......................$559,000
4. Tron Construction, Inc . ............................... .......................$603,550
5. G &G Specialty Contractors, Inc ................. .......................$625,974
6. Professional Building Contractors, Inc ....... .......................$633,200
DAB Construction, Inc. (DAB) has requested to withdraw its bid from consideration. DAB
claims a "clerical error" resulted in their Bid being $47,320 short, and that they did not receive a
revised bid from a subcontractor which resulted in an additional $11,180 shortage in their bid.
California Public Contracts Code §5101 states that "A bidder shall not be relieved of the bid
unless by consent of the awarding authority..."
In this instance, Staff is of the opinion that the conditions set forth in California Public Contracts
Code §5101 and §5103 have been met in principle. Notice of a "clerical error" omitting costs for
"drywall, baffles & sofits" was delivered to the City the same day as the bid opening.
A review of the bid from DAB also shows that more than 59% of the work is proposed to be
subcontracted, whereas the project specifications state that not more than 50% of the work can be
subcontracted.
The second lowest bidder, S &L Specialty Contracting, Inc. (S &L) failed to acknowledge the
second of two addenda issued by the City prior to bid, however S &L has subsequently sent a
letter to the City acknowledging that Addendum #2 was in fact received by S &L prior to the Bid.
The letter also states that the addendum "was carefully reviewed and considered, and all aspects,
requirements, and costs of the Addendum were included within (their) bid..."
Staff is recommending that, based on the acknowledgement by S &L that their failure to
acknowledge the second addendum on the bid form be considered a "immaterial irregularity" in
their bid. The bid by S &L was determined to be otherwise responsive.
A complete review of the bids received by the other contractors was not completely reviewed.
As City Council is aware, S &L has successfully completed Residential Sound Insulation
Program projects for the City and are currently finishing several projects.
The amount requested for the contract is $547,800 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 Federal Aviation
Administration (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 funding received as part of the settlement
agreement with LAWA.
With the successful completion of Group 29, the total number of residences completed by the
City's RSI Program will be 921.
221 W. Alameda Ave., # 106
Burbank, CA 91502
Tel: 818.843.8717
Fax: 818.843.8517
License #785636 ORB 000STRUOT1012% 11101b E -mail: Dabci @aol.com
1/3/08
Mr. James S. O'Neill
Program Manager of Residential Sound Insulation
City Of El- Segundo
350 Main St.
El Segundo, CA 90245 -3813
Re: Withdraw the Bid for Residential Sound Insulation Program Group 29
I would like to request to withdraw our bid from your consideration on the aforementioned project due to
a clerical error, which we made. Unfortunately, on our bid breakdown the cost for drywall, baffles &
soffits column was not added to the rough costs, which caused our bid to become 36,400x1.30 % = $47,320
short. HK Electric also revised and increased his bid, which we did not receive before sending out our bid.
This revision also increasing the bid price by $11,180.
Please accept my apologies for any inconvenience caused by this withdraw.
I Certify under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
SioeVely yours;
Badie
President
11/03/2008 11 :44
PROPOSAL
3154718807
SL CONT WICKER
BIDDE1-tS'S PROPOSAL AND STA'T'E NT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 08 -17
"Residential Sound insulation Program — Group 29"
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
PAGE 01
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 29" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit:
ID
Address
Engineer's Bid
Descri tion Estimate Amount
Bidder's
Property
Subtotal
29.01
900 Cedar St. Unit 201
RSI Improvements $ 3
$
29.02
900 Cedar St., Unit 101
RSI Improvements $ z
$
29.03
915 Pepper St. Unit 1
RSI Improvements $
$
29.04
915 Pepper St., Unit 2
RSI Im rovements $ ?p
29.05
915 Pepper St., Unit 3
RSI Improvements $
$
29.06
915 Pepper St. Unit 4
RSI Im rovements $ ( ®
$ZD GY.b°O
29.07
915 PeppcxSt., Unit 5
RSI Improvements W000
$
29.08
915 Pep er St. Unit 6
RSI Im rovements $ !
$ ed
29.09
332 E. Imperial Ave.,
Unit A
RSI Improvements
$ jCO, �
$1&40041
29.10
332 E. Imperial Ave.,
Unit B
RSI Improvements da
$ 6 _ zo
29.11
332 E. Imperial Ave.,
Unit C
RSI Improvements
$
29.12
332 E. Imperial Ave.,
Unit D
RSI Improvements
$
$ �p (.�
29.13
332 E. Imperial Ave.,
Unit E
RSi Tmprovemcnts
I $
$I5
Bidder's Proposal and Statement ] City of El Segundo
Group 29 Residential Sound Insulation Program
11/03/2008 11:44 3154718807 SL CONT WICKER PAGE 02
29.14 332 E.
Imperial Ave.,
RSI Improvements
Unit F
$ J.3
O0
$ .
CD
29.15
332 E.
Imperial Ave.,
RSIlmprovements
Unit G
$
$ S
29.16
332 E.
Imperial Ave.,
RSI Improvements
Unit H
$
$
29.17
332 E.
Imperial Ave.,
RST Improvements
od
ID
Unit T
3-
$
29.18 1332
E.
Imperial Ave.,
RSI Improvements
Unit J
$ 2.3
29.19
332 E.
Imperial Ave.,
RSI Improvements
�p
d
Unit K
$�
$
29.20
332 E.
Imperial Ave.,
RSI improvements
Unit L
29.21
332 E.
Imperial Ave.,
RSIImprovements
Unit M
29.22
332 E.
Imperial Ave.,
RSI Improvements
Unit N
$
$
29.23
332 E.
Imperial Ave.,
RSI Improvements
06
11
Unit 0
$
$ Jr
29.24
332 E.
Imperial Ave.,
RSI Improvements
Unit P
$
29.25
332 L.
Imperial Ave.,
RSI Improvements
Unit Q
RSI Improvements
$
$
29.26
.332 E. Imperial Ave.,
'
��VV11 do
Unit R
$
$�.�
W
29.27
332 E.
Imperial Ave.,
RST improvements
Unit S
$ ,Z
$Z,
Total Bid (Contract Sum)
FoOUR)00b
LAS EJ Hr
IeLafRs
(words)
$
(figures)
In case of discrepanEX
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 Schcdulc published in the
Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to
Bidder's Proposal and Statement 2 City of El Segundo
Group 29 Residential Sound Insulation Program
sign the contract and furnish the necessary bonds not more than ten (l 0) 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: 3 15 South FFanklin Street
Address: Syracuse, NY 13202
Telephone Number: 3�5 X78 `7
Contractor's License Number: ! 96L
Type of License: nj , C / U b
License Expiration Date: ?i.31 LO
Type of Entity:0 Sole Proprietorship 0 Partnership Ixorporation 0 Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative:
' ftes V� -
Title: (^
Signature:
Dated this 3� day of
If Corporation, please attach evidei
Bidder's Proposal and Statement 3
Group 29
, 2008.
ce of authority to sign.
City of El Segundo
Residential Sound Insulation Program
11/03/2008 11:44 3154718807 SL CONT WICKER PAGE 03
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.
Signature:
`l�)- 2g ~Qfa
2008.
Bidder's Proposal and Statement 4 City of El Segundo
Group 29 Residential Sound Insulation Program
Addendum Number i
Date:
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Signature:
`l�)- 2g ~Qfa
2008.
Bidder's Proposal and Statement 4 City of El Segundo
Group 29 Residential Sound Insulation Program
Specialty Contracting, Inc.
November 12, 2008
Mr. James O'Neil
Residential Sound Insulation Program, City of El Segundo
City Hall
350 Main Street
El Segundo, CA 90245 -3813
Re: Residential Sound Insulation Program
Group 29
Bid Clarification
Dear Mr. O'Neil:
This letter serves to clarify our bid for the above - referenced Project in which we inadvertently
failed to acknowledge Addendum Number 2, on Bid Page 4:
1.) S &L acknowledges Addendum No. 2, dated October 30, 2009, was received in advance
of the Bid, was carefully reviewed and considered, and all aspects, requirements, and
costs of the Addendum were included within our bid for the above referenced Project.
Should you have any questions or require additional information, please contact the
undersigned.
Sinceroy -,
S &L SPECIAFY ICON'IRACTING, INC.
Jam s W.
Pres'dent
F \Bid Pieh\f[L SEGliNDN \(7ROl'P 29 \bid clarit'ltr 11- 12- 08.doc
315 South Franklin Street Syracuse, N.Y. 13202
Phone 315-478-9746 Fax 315-471-8807