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2014 Oct 21 - 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, OCTOBER 21, 2014 — 5:00 PM 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. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sec.) 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3): -1- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYEMENT (Gov't Code § 54957) -0- matter 2 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8- matters 1. Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; City Employees Association; Executive Management Group (Unrepresented Group); Management/Confidential Group (Unrepresented Group) Agency Designated Representative: Steve Filarsky and City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 3 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, OCTOBER 21, 2014 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — David Clark, Hilltop Community Church of Christ PLEDGE OF ALLEGIANCE — Council Member Fellhauer n PRESENTATIONS a) Proclamation — October 25, 2014 is Make a Difference Day. b) Presentation — LAEDC to honor the City of El Segundo for being named a finalist for the Most Business Friendly City award. 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. CITY COUNCIL COMMENTS — (Related to Public Communications) 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 5 Consideration and possible action to 1) receive and file this presentation regarding design alternatives for the extension of Park Place between Nash St. and Sepulveda Blvd. and 2) authorize the City Manager to apply for $6 million in Call for Project construction grant funding from the Metropolitan Transportation Authority (Metro). (Fiscal Impact: Potential receipt of grant funding) Recommendation — 1) Receive and file this presentation regarding design alternatives for the extension of Park Place between Nash St. and Sepulveda Blvd; 2) Authorize the City Manager to apply for $6 million in Call for Projects construction grant funding from Metro; 3) Alternatively, discuss and take other possible action related to this item. D. EPORTS 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. Warrant Numbers 3002887 through 3003068 on Register No. 1 in the total amount of $725,512.29 and Wire Transfers from 09 -29 -2014 through 10 -05- 2014 in the total amount of $687,498.34. 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 of October 7, 2014. Recommendation — Approval. 0 4. Consideration and possible action regarding the adoption of Ordinance No. 1497 for Environmental Assessment No. EA -1066 and Zone Text Amendment No. ZTA 14 -02 to amend El Segundo Municipal Code ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, and 15 -8 -2 to add a definition of "Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the Light Industrial (M -1) Zone; to establish Emergency Shelter Development Standards; and, to remove the managed production of resources on Agricultural Lands as a permitted use in the Open Space (O -S) Zone. Applicant: City of El Segundo. (Fiscal Impact: None) ­ Recommendation dation — 1) Waive second reading and adopt Ordinance No. 1497 for Environmental Assessment No. EA -1066 and Zone Text Amendment No. 14 -02; 2) Alternatively, discuss and take other possible action related to this item. 5. Consideration and possible action to adopt Ordinance No. 1496 approving a Zone Text Amendment to amend the El Segundo Municipal Code ( "ESMC ") to allow Architectural Landscape Features; Architectural Building Features; unroofed patios and decks; stairs, ramps, and safety guardrails to encroach into required setbacks in the Urban Mixed -Use (MU- S) Zone and to amend the definition of Architectural Landscape Features. (Fiscal Impact: None) Recommendation — 1) Waive second reading and adopt Ordinance No. 1496 for Environmental Assessment No. EA -1076 and Zone Text Amendment No. 14 -03; 2) Alternatively, discuss and take other possible action related to this item. 6. Consideration and possible action to authorize the City Manager to execute a 3 -year License Agreement in a form approved by the City Attorney with The El Segundo Nursery School Group to operate a non - profit pre - school at the Clubhouse Building. (Fiscal Impact: Reservation revenues of $750 in Fiscal Year 2014/15, $1,500 in Fiscal Year 2015/16, and $3,000 in Fiscal Year 2016/17) Recommendation — 1) Authorize the City Manager to execute an agreement with El Segundo Cooperative Nursery School in a form approved by the City Attorney; 2) Alternatively, discuss and take other possible action related to this item. 7. Consideration and possible action to award a five -year Maintenance Agreement to West Coast Arborists, Inc., for annual services for maintenance, removal and replacement of trees. (Fiscal Impact: $110,000.00 — Included in Adopted Budget) Recommendation — 1) Award contract to West Coast Arborists, Inc.; 2) Authorize the City Manager to execute a Maintenance Agreement to West Coast Arborists, Inc., in a form approved by the City Attorney; 3) Alternatively, discuss and take other possible action related to this item. 7 8. Consideration and possible action to receive and file this report regarding the emergency repair to remove debris in the attic space of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A-4. (Fiscal Impact: $82,354.00) Recommendation — 1) Receive and file this report regarding the emergency repair to remove debris in the attic space of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC') §§ 1 -7 -12 and 1 -7A -4; 2) Alternatively, discuss and take other possible action related to this item. 9. Consideration and possible action to receive and file this report regarding cleaning and repairing drywall and carpet as well as restoring furniture in the north portion of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4. (Fiscal Impact: $37,000.0_0) __ Recommendation — 1) Receive and file this report regarding cleaning and repairing drywall and carpet as well as restoring furniture in the north portion of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC') §§ 1 -7 -12 and 1- 7A-4; 2) Alternatively, discuss and take other possible action related to this item. 10. Consideration and possible action to award a Professional Services Agreement to Environmental Engineering & Contracting, Inc. to develop and operate an Industrial User Wastewater Pretreatment program and a Fats, Oil and Grease (FOG) Control program. (Fiscal Impact: $90,950.00) Recommendation — 1) Authorize the City Manager to execute a Professional Services Agreement, in a form as approved by the City Attorney, with Environmental Engineering & Contracting, Inc. in the amount of $90,950.00 to implement and operate an Industrial User Wastewater Pretreatment Program and Fats, Oil and Grease (FOG) Control program; 2) Alternatively, discuss and take other possible action related to this item. N. 11. Consideration and possible action to 1) award a standard Public Works contract to C.C. Layne & Sons, Inc. for the Water Plant Carpet Removal and Replacement Project located at 400 Lomita Street in the City of El Segundo and 2) award a Professional Services Agreement to Gale /Jordan Associates for asbestos abatement monitoring services. Project No. PW 13 -21 (Fiscal Impact: $23,118.00) Recommendation — 1) Award a standard Public Works Contract for $15,968.00, in a form approved by the City Attorney, to C.C. Layne & Sons, Inc. for the Water Plant Carpet Removal and Replacement Project; 2) Award a Professional Services Agreement for $7,150.00, in a form approved by the City Attorney, to Gale /Jordan Associates for asbestos abatement monitoring services; 3) Authorize $2,395.00 for construction related contingencies. 4) Alternatively, discuss and take other possible action related to this item. 12. Consideration and possible action regarding awarding a contract to Spec Construction Co., Inc. for construction at twenty -five (25) homes related to Project No. RSI 14 -16 (Group 60 of the City's Residential Sound Insulation Program). (Fiscal Impact: $800,663.00) Recommendation — 1) Reject the bid from Patriot Contracting & Engineering as non - responsive; 2) Waive minor irregularities in the bid from Spec Construction Co., Inc.; 3) Award a contract to Spec Construction Co., Inc. for project RSI 14- 16 (Group 60); 4) Authorize the City Manager to execute a contract in a form approved by the City Attorney; 5) Alternatively, discuss and take other possible action related to this item. 13. Consideration and possible action regarding awarding a contract to Spec Construction Co., Inc. for construction at forty -two (42) homes related to Project No. RSI 14 -18 (Group 61 of the City's Residential Sound Insulation Program). (Fiscal Impact: $823,860.00) Recommendation — 1) Reject the bid from Patriot Contracting & Engineering as non - responsive; 2) Waive minor irregularities in the bid from Spec Construction Co., Inc.; 3) Award a contract to Spec Construction Co., Inc. for project RSI 14- 18 (Group 61); 4) Authorize the City Manager to execute a contract in a form approved by the City Attorney; 5) Alternatively, discuss and take other possible action related to this item. 9 14. Consideration and possible action regarding rejecting all bids and authorizing staff to advertise a new Notice Inviting Sealed Bids for the project related to Project No. RSI 14 -19 (Group 62 of the City's Residential Sound Insulation Program). IFiscal Impact: None at this time) Recommendation — 1) Reject all bids; 2) Authorize City staff to advertise a new Notice Inviting Sealed Bids for the project; 3) Alternatively, discuss and take other possible action related to this item. 15. Consideration and possible action to authorize the City Manager, or designee, to record the Notice of Completion accepting completion of work for twenty -six (26) homes related to Project RSI 14 -01 (the City's Residential Sound Insulation Program's Group 51) (Fiscal Impact: $1,195,071.91) Recommendation — 1) Authorize the City Clerk to file the City Manager's, or designee's, Notice of Completion in the County Recorder's Office; 2) Authorize the City Manager, or designee, to close out Project No. RSI 14 -01; 3) Alternatively, discuss and take other possible action related to this item. 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 Fellhauer — Council Member Atkinson — Council Member Dugan - 10 Mayor Pro Tern Jacobson — Mayor Fuentes — 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 sue.) 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: io -%c. 14- TIME: 2:46- NAME: CAA�j Gr'f 11 [Procla att,011 QCitp of 411 beguttbo, California WHEREAS, Make a Difference Day is the nation's largest national day of community service where citizens are encouraged to get involved with their favorite local non - profit organizations; and WHEREAS, Volunteers from around the country will unite in a common mission to improve the lives of others on Make a Difference Day, Saturday, October 25, 2014; and WHEREAS, El Segundo is the birth place of the youth environmental movement as a result of local children taking action to protect the environment in their community; and WHEREAS, Tree Musketeers cares for more than 1,800 local trees in and around El Segundo; and WHEREAS, Tree Musketeers sets to engage the El Segundo community to preserve the environment; and WHEREAS, "Trees to the Sea" on Imperial Highway fortifies the green pollution barrier between El Segundo and LAX. NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California hereby proclaim October 25, 2014 as MAKE A DFFERENCE DAY in El Segundo and urge citizens tall and small to gather on Imperial Avenue at Main Street at 10:00 a.m. to care for Trees to the Sea and native plants. WayorSuzanne Fuentes Mayor fro 7em Cadjaco6son Counci[Wem6er Dave Atkinson Counci(Wem6erMarie Feffhauer Counci[Wem6er Wichaef Dugan Presentation LAEDC to honor the City of El Segundo for being named a finalist for the Most Business Friendly City award EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 21, 2014 AGENDA HEADING: Unfinished Business Consideration and possible action to 1) receive and file this presentation regarding design alternatives for the extension of Park Place between Nash St. and Sepulveda Blvd. and 2) authorize the City Manager to apply for $6 million in Call for Project construction grant funding from the Metropolitan Transportation Authority (Metro). (Fiscal Impact: potential receipt of grant funding) RECOMMENDED COUNCIL ACTION: 1. Receive and file this presentation regarding design alternatives for the extension of Park Place between Nash St. and Sepulveda Blvd. 2. Authorize the City Manager to apply for $6 million in Call for Projects construction grant funding from Metro. 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Alternatives Analysis Report (without attachments) Design Alternatives Schematics Full Report on CD Resolution FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Stephanie Katsouleas, Public Works Director 'i REVIEWED BY: Stephanie Katsouleas, Public Works Director i APPROVED BY: Greg Carpenter, City Manager,9 BACKGROUND AND DISCUSSION: In 2008, El Segundo secured a federal earmark of $750,000 to initiate design concepts and evaluate the possible extension of Park Place between Nash Street and Sepulveda Blvd. On March 20, 2013 the Federal Highway Administration (FHWA) approved the encumbrance and the California Department of Transportation (CalTrans) issued a Notice to Proceed (E -76) for preliminary design work for extending Park Place. Total available funds for the project included the earmark ($750,000 less Caltrans' $15,000 administration fee) plus the 20% match requirement ($150,000), for a total of $935,000. The match funds were provided by Federal Realty Investment Trust (Street Retail, Inc.) through a separate reimbursement agreement with the City. On June 18, 2013 City Council awarded a professional services agreement to NCM Engineering, Inc. fro $629,780 to investigate possible design alternatives for extending Park Place. The scope of work included: 1. Evaluating three preliminary design alternatives (one above grade crossing and two below grade crossings; 2. Compiling data on the feasibility of each design alternative based on, among other things, on the railroads' willingness to relocation (railroad alignment studies), topographical site limitations, geotechnical considerations, structural feasibility, utility relocation, right -of- way considerations, environmental considerations and cost. 3. Progressing through conceptual design and probably cost estimates for the one preferred alternative (initial site assessment, roadway plans, traffic and signal lighting plans, rail plans, grading plans, drainage plans, utility relocation plans, structural plans, right of way requirements) The full Alternatives Design Report highlights the five concept designs evaluated (along with the "no build" alternative) and indicates that Alternative 1 -C is the preferred alternative based on its alignment, consolidate of railroad tracks on a single bridge and its integration with existing roadway connectors. Subsequent to completing the Design Alternatives Report, NCM also helped staff transform the document into the format needed by the Metropolitan Transportation Authority (Metro) to submit a 2015 Call for Projects Application to fund a portion of roadway construction (due in January). Call for Projects construction funding falls under the Regional Surface Transportation Improvement (RSTI) program and has a funding cap of $6 million with a required match of $2 million. Call funding is not available until FY 2020/2021 due to its 4 -year lead time. The match has not been designated yet, but is anticipated to be a combination of local and developer funding. If the City is awarded funding, it will still have a shortfall of more than $30 million for construction. To close this gap, staff and regional developers are working closely together to identify all potential sources of funding that may become available by 2020, including federal, state and local funds, grants and developer contributions. For a project of this magnitude, is it typical to have a variety of funding sources which are acquired over a period of years. In the meantime, staff has secured an additional $350,000 in Measure R grant funding to move forward with the required California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) assessments. Consultant selection for CEQA/NEPA is currently underway. Staff expects this phase to commence in January and take approximately 15 months to complete. In mid, 2016 we hope to receive City Council approval to move forward with development of construction documents, which should also take 15 months to complete. Under this schedule, we would be ready for bidding and construction in 2018, pending funding. Staff recommends that City Council: 1) receive and file this report on the design alternatives analysis and 2) authorize the City Manager to apply for $6 Million under the Metro Call for Projects program PARK PLACE EXTENSION PRELIMINARY STUDY Submitted to: 350 Main Street El Segundo, CA 90245 Contact: Ted Shove, DRE Tel: (310) 524 -2359 Fax: (310) 322 -4167 Submitted by: ENGINEERING CORPORATION 22362 Gilberto, Suite 125 Rancho Santa Margarita, CA 92688 Contact: William Nascimento, PE, SE Tel: (949) 357 -9015 Fax: (949) 589 -7448 July 16, 2014 Park Place Extension July 2014 Preliminary Engineering Report To Supplement Request of Programming in 2014 for Capital Support (Project Approval and Environmental Document Phase) On Park Place Between Allied VW ,,i And Nash Street J J �1,.� �a m a CL W N On Park Place Between Allied W And Nash Street Park Place Extension July 2014 3 Park Place Extension July 2014 This Preliminary Engineering Report has been prepared under the direction of the following Registered Engineer. The registered civil engineer attests to the technical information contained herein and the engineering data upon which recommendations, conclusions, and decisions are based. 'Ze STEP J. WSLINSKI REGISTERED CIVIL ENGINEER ���p �,4t�7 FESSICJ��t Stephen J.'L [ _ Mislinski m� Irk,. 61834 Exp. Q6A34/15 s� CIVIL le July 16, 2014 DATE 4 Park Place Extension July 2014 Table of Contents 1. INTRODUCTION ........................................................ ............................... 6 2. BACKGROUND ............................................... ............................... . ....... 7 3. PURPOSE AND NEED ................................................ ............................... 7 4. DEFICIENCIES ............................................................. ..............................8 5. CORRIDOR AND SYSTEM COORDINATION ........... ..............................9 6. ALTERNATIVES ......................................................... .............................10 7. RAILROAD INVOLVEMENT ..................................... .............................20 8. COMMUNITY INVOLVEMENT ................................ .............................21 9. ENVIRONMENTAL DETERMINATION/ DOCUMENT .........................21 10. FUNDING ................................................................ .............................24 11. SCHEDULE .............................................................. .............................24 ATTACHMENTS.... ........................................................... ............................... 25 A. Vicinity Map ............................................................. .............................25 B. Roadway and Rail Geometry ..................................... .............................25 C. Preliminary Drainage Assessment Memorandum ....... .............................25 D. Preliminary Utility Impacts ....................................... .............................25 E. Preliminary Right of Way Requirements ................... .............................25 F. Right of Way Cost Breakdown .................................. .............................25 G. Structure Advanced Planning Study ( APS) ................ .............................25 H. Cost Estimates ........................................................... .............................25 I. Preliminary Environmental Investigation ................... .............................25 J. Preliminary Environmental Study (PES) Form .......... .............................25 K. Preliminary Hazardous Materials Assessment Memorandum ..................25 L. Preliminary Geotechnical Report ............................... .............................25 5 Park Place Extension July 2014 1. INTRODUCTION Proiect Description The City of El Segundo (City) proposes to extend Park Place from Allied Way to Nash Street with a grade separation to implement a critical project as identified in the City's 2005 Traffic Impact Fee Study Update. By extending Park Place and closing the gap between Allied Way and Nash Street, the project will create an alternative route and provide much needed relief to Rosecrans Avenue, a heavily congested, east -west major arterial in the South Bay region of Los Angeles. The project will also improve access to the 105 Freeway by creating a direct route from Sepulveda Boulevard to Douglas Street. This study was initiated by the City with funding provided through Federal Demonstration funds in order to document feasible alternatives for extending Park Place and grade separating it from the UPRR and BNSF tracks. Included as such, the study assesses alternatives for consolidating the two railroad yards, currently located along separate corridors, to one corridor, evaluates associated environmental and engineering constraints, and investigates alignments to minimize these impacts. The project study limits extend easterly on Park Place from the intersection at the Plaza El Segundo entrance to approximately 250 feet west of existing Allied Way to the Nash Street intersection, and from Douglas Street along the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) Railway southwesterly to Sepulveda Blvd. The existing segment of Park Place west of Allied way provides access to Plaza El Segundo. The segment east of Nash Street provides access to a commercial area west of Douglas Street and north of Rosecrans Avenue. Proposed alternatives summarized in this study will serve as the basis for selection of a locally preferred alternative(s) that will be further developed to support environmental evaluation and documentation. Project Limits 250 feet west of existing Allied Way to (Dist., Co., Rte., PM) Nash Street Number of Alternatives 6, including "No Build" Total Estimated Delivery $43.9M - $54.8M Cost Range Capital Construction Cost $21.8M - $30.4M Ran a Capital Right of Way Cost $12.3M - $14.3M Ran a Capital Support Cost $9.7M - $11.9M Range (PAED thru Const) Funding Source Local, State, Federal and Potentially Private Type of Facili Collector 0 Park Place Extension July 2014 Initial Study/Mitigated Negative Declaration under the California Anticipated Environmental Environmental Quality Act (CEQA) Determination /Document Environmental Assessment under the National Environmental Policy Act Right of way and construction components of the project are preliminary order of magnitude estimates for comparative purposes and are not suitable for programming. Detailed preliminary engineering and cost estimates are to be developed during or after the conceptual design phase for the locally preferred alternative in support of the environmental document. Other approvals required are: Environmental Documents as stated in the above table. 2. BACKGROUND The City of E1 Segundo's Circulation Element (2004) identified the need to provide additional roadway capacity in the southeast portion of the City, north of Rosecrans Avenue and east of Sepulveda Boulevard. The extension of Park Place from Nash Street to Sepulveda Boulevard was recognized as a potential transportation improvement to help satisfy this need and, as such, the existing segment of Park Place between Douglas Street and Nash Street was re- designated from a local street to a collector to be consistent with a future extension. In 2005, the City confirmed the need for a continuous Park Place corridor and identified the extension as a critical future project in its Traffic Impact Fee Study Update. With the construction of the Plaza El Segundo Development in 2006 and additional development planned for the area, congestion is expected to worsen, magnifying the need for additional roadway capacity. 3. PURPOSE AND NEED Need Park Place is an east -west collector located in the southeast area of the City of E1 Segundo north of and parallel to Rosecrans Avenue. Currently, there is a gap in the Park Place roadway between Allied Way and Nash Street that disrupts continuity along the corridor and results in increased trips on the already heavily congested Rosecrans Avenue corridor. Current and planned development near the Sepulveda Boulevard/Rosecrans Avenue intersection will further contribute to an increase in congestion. Park Place Extension July 2014 Purpose The purpose of the project is to develop Park Place as an alternate east - west route between Sepulveda Boulevard and Douglas Street to relieve congestion along portions of Rosecrans Avenue and Sepulveda Boulevard, as well as to improve local traffic circulation and access to and from the I- 105 freeway. 4. DEFICIENCIES Current and Forecast Traffic Current and forecast traffic volumes are being developed and will be used during the conceptual design phase for refinement of the locally preferred alternative. The traffic operations discussion below is based on year 2010 data provided by the City. Year 2010 Traffic Patterns For Sepulveda Boulevard between Rosecrans Avenue and El Segundo Boulevard, the higher traffic volumes occur in the northbound direction during the AM peak period and in the southbound direction during the PM peak period. On Douglas Street near the project area during the AM peak period, the majority of the traffic volume is westbound Rosecrans Avenue traffic turning north on Douglas Street. During the PM peak period, the higher traffic volume is southbound on Douglas Street. For eastbound Rosecrans Avenue the heavier peak traffic occurs during the PM peak period. For westbound Rosecrans Avenue at Douglas Street, the AM and PM peak period traffic is similar. However, as AM commuters continue westbound many of them turn north onto Apollo Street. The PM commuters continue westbound on Rosecrans Avenue until they reach Sepulveda Boulevard. Intersection Analysis — Year 2010 Year 2010 traffic conditions around the proposed project are analyzed using the traffic volumes supplied by City of El Segundo. Signalized intersections are analyzed using Intersection Capacity Utilization (ICU) method and un- signalized intersection of Douglas Street and Park Place is analyzed using the Highway Capacity Manual (HCM) methodology. Table 1 depicts the traffic conditions based on 2010 traffic volumes for AM and PM peak periods. 8 Park Place Extension July 2014 Table 1. 2010 Traffic Condition Level of Service Intersection Weekday AM Peak Hour Weekday PM Peak Hour Sepulveda Blvd and Park PI D E Sepulveda Blvd and Rosecrans Ave E E Douglas St and Rosecrans Ave B B Douglas St and Park Pl* L B C "Four -Way Stop Controlled Intersection Based on City of E1 Segundo standards, the minimum acceptable Level of Service (LOS) at an intersection is LOS D. Intersections operating at LOS E or F are considered deficient. As shown in Table 1, the intersections of Sepulveda Boulevard and Park Place and Sepulveda Boulevard and Rosecrans Avenue operate at LOS E, below the minimum acceptable LOS of D. Local Circulation The City has identified the need for increased roadway capacity in the area northeast of the Rosecrans Avenue /Sepulveda Boulevard intersection. The establishment of a continuous east -west Park Place roadway from Sepulveda Boulevard to Douglas Street is a key component in an expanded transportation network. A portion of the alignment was completed in 2006 with the Plaza E1 Segundo development but a gap remains between Allied Way and Nash Street, with the existing BNSF and UPRR railways presenting a significant challenge in closing the gap. 5. CORRIDOR AND SYSTEM COORDINATION In addition to relieving congestion along a portion of Rosecrans and improving access to I -105, the Park Place Extension will serve a role in providing improved local circulation and access to planned future development projects in the area. It will be important to consider compatibility of the Park Place Extension with these future developments and the expanded transportation network that will be developed with them. Another important planning consideration is the coordination with the UPRR and BNSF railways and potential for consolidation of UPRR and BNSF into a single rail corridor that will facilitate a single grade separation location and also improve the ability to monitor and secure the railways as development occurs around them. Park Place Extension July 2014 6. ALTERNATIVES In addition to the No Build alternative (Alternative 1), five project alternatives were studied (see Attachment B). They are organized based on relocation of either the BNSF Railway or the UPRR facilities. Alternatives IA, 1B and 1C study various roadway and underpass configurations for Park Place with the BNSF Railway relocated to the west alongside the existing UPRR facilities, while Alternatives 2A and 2B assess roadway and underpass configurations with the UPRR facilities relocated to the east alongside the existing BNSF corridor. All build alternatives presented in this report study railroad underpass grade separation configurations with Park Place crossing underneath the railroads. Railroad bridge width would accommodate two tracks to provide access for the BNSF and UPRR lead tracks between the Chevron refinery and railroad storage yards and lines beyond to the northeast. An overhead grade separation alternative was eliminated from consideration because existing grades do not facilitate elevating Park Place over the railroad. Both the UPRR and BNSF tracks are on elevated embankments that are 12 to 15 feet above the Park Place /Allied Way and Park Place/Nash Street intersections. Construction of an overhead roadway bridge to overcome these existing grade differences would result in significant impacts to adjacent intersections and businesses and would require a substantial length of retaining walls to maintain existing properties and businesses. Furthermore, the existing grade differences are ideally suited to an underpass configuration due to reduced roadway cuts and avoidance of impacts to adjacent intersections and businesses. An alternative that keeps both railroads along their current alignment was also eliminated from consideration due to several factors, the most challenging of which includes difficulty developing a roadway profile for the Park Place extension to cross beneath both railroads that provides adequate sight distance while also providing an intermediate intersection for access to the land between the railroads. Other challenges include the additional right of way and utility impacts, additional drainage costs, and cost of a second railroad bridge that are associated with an additional grade separation at the existing BNSF yard. In addition, two shooflies would be required (one for each railroad) to minimize disruption during construction. A shoofly for BNSF would be extremely challenging as three to four of the BNSF yard tracks would cross the proposed Park Place alignment. Construction would severely impact BNSF storage capacity without construction of temporary yard tracks in addition to the shoofly track. A1*Prnativ,- 1 No build option, with Park Place remaining unchanged. The no build option would not address the need for an alternative route parallel to Rosecrans Avenue for increased capacity and improved traffic circulation. 10 Park Place Extension July 2014 Alternative 1A This alternative would extend Park Place to close the roadway gap between Allied Way and Nash Street. The BNSF yard and tracks would be relocated to the west adjacent to the existing UPRR tracks in order to consolidate railroads into one location and facilitate a single grade separation. The BNSF relocation would start just south of the hazardous waste remedial cap located on the Kramer parcel. UPRR would remain in its existing configuration. Due to the limited space between the rail corridor and the existing Plaza El Segundo development, a roundabout is not a viable option for the Park Place /Allied Way intersection. As such, this alternative proposes a signalized `T' intersection. The underpass grade separation structure would be a 2 -span railroad bridge over Park Place with spans of 60 feet and 82.67 feet and a total length of 142.67 feet. These bridge spans would allow the use of precast concrete girders supported on cast -in -place abutments and a bent on pile foundations. Construction of the bridge would require staging and a temporary shoofly track for UPRR to maintain railroad operations during construction. In addition, tie -back retaining walls in front of the bridge abutments would be needed to retain the roadway cut. Cut slopes at 2:1 would be used where possible although retaining walls would be required near the existing Plaza E1 Segundo shopping center to minimize impacts to the existing development. The current `T' intersection at Park Place and Nash Street would be expanded to a four way intersection and would be signalized. Alternative lA Advantages • Lowest cost alternative (overall and with respect to roadway, rail & structures) • UPRR remains in existing configuration • Smallest project footprint • Avoids impacts to the capped area on contaminated Kramer parcel • Avoids impacts to UPRR/BNSF crossing diamond and at -grade crossings of Douglas Street • Minimal curvature along Park Place extension alignment • Shortest required vertical relocation of the 20" Plains All American petroleum pipeline • Smallest drainage area of all alternatives (170,000 SF) 11 Park Place Extension July 2014 Alternative lA Challenges • Relocation of BNSF alongside UPRR would require an easement from UPRR to allow BNSF track within UPRR right of way to fit both lead tracks on a single bridge. If UPRR does not allow this configuration, additional right of way would be required for wider track spacing and separate bridges. • Maintains barrier for expansion of development from the west/Plaza E1 Segundo • May require relocation of a long stretch of the 42" raw water pipeline outside of new railroad right of way • Stage construction with a railroad shoofly for UPRR required to avoid impacts to railroad operations during underpass construction • Allied Way intersects Park Place at a high degree of skew (61 degrees). • Park Place profile is relatively steep (4 -5% grade) through the intersection with Allied Way which increases the potential for truck overturning when making a turning movement. • Future intersection required elsewhere along Park Place for southern access to Rosecrans Avenue, resulting in multiple closely space intersections along Park Place. • Greater impacts to easterly property owner due to angle of Park Place alignment • Requires substantial length of new storm drain (through the developable land between the project site and north detention basin) to be under rail right -of -way Alternative 1B This alternative is similar to Alternative IA except that the intersection of Park Place and Allied Way would be roundabout controlled rather than signalized. In order to facilitate the wider footprint required for a roundabout, the UPRR lead track would be shifted slightly to the east. Allied Way would also be slightly realigned as it approaches the roundabout. Because of the relatively flat grade requirements for optimal roundabout design, impacts extend further along Park Place to the west and Allied Way to the north compared to Alternative IA. As such, a hard constraint is placed on the Park Place profile to avoid significant impacts to Plaza El Segundo entrances. This constraint on the roadway profile limits the total structure depth that can be used for the underpass grade separation structure spans and dictates the use of a through girder configuration. A steel through plate girder bridge with transverse floor beams would minimize the structure depth and would allow for a single long span 12 Park Place Extension July 2014 bridge across Park Place, eliminating the need for a center support in the roadway median. The span and bridge length would be 145' -8 ". There would be sufficient separation between the existing UPRR alignment and the proposed structure for the construction to proceed without the need for a shoofly track. Reinforced concrete cantilever semi - gravity retaining walls would be constructed to support the embankment, and high cantilever abutments founded on piles would be used to control cost and to minimize the span length. Alternative 1 B Advantages • Railroad underpass structure could be constructed without a railroad shoofly due to eastward shift in UPRR lead track for final configuration • Avoids impacts to the capped area on contaminated Kramer parcel • Avoids impacts to UPRR/BNSF crossing diamond and at -grade crossings of Douglas Street • The low point of the grade separation is the highest of all alternatives reducing cost for the storm drain line through Phase II of the development. Alternative 1B Challenge • Relocation of BNSF alongside UPRR would require an easement from UPRR to allow BNSF track within UPRR right of way to fit both lead tracks on a single bridge. If UPRR does not allow this configuration, additional right of way would be required for wider track spacing and separate bridges. • Retaining walls required adjacent to Allied Way/Park Place intersection to minimize impacts to existing development. • Large footprint associated with roundabout and shifted rail leads reduces developable land compared to Alternative 1 A and 1 C • Maintains barrier for expansion of development from the west/Plaza El Segundo • May require relocation of a long stretch of the 42" raw water pipeline outside of new railroad right of way • Future intersection required elsewhere along Park Place for southern access to Rosecrans Avenue, resulting in multiple closely space intersections along Park Place. • Bridge abutment and slopes would need to be setback with longer bridge to allow for adequate sight distance throughout roundabout. • Second shortest bridge compared to other alternatives but constraints on roadway profile require bridge type with minimum structure depth, such as a more costly steel through plate girder 13 Park Place Extension July 2014 • Partial UPRR relocation in addition to full BNSF relocation. • Requires vertical relocation of the 20" Plains All American petroleum pipeline due to larger footprint for roadway /underpass excavation • Requires substantial length of new storm drain (through the developable land between the project site and north detention basin) to be under rail right -of -way • Largest drainage area of all alternatives (237,000 SF) Alternative 1C This alternative is similar to Alternative 1B except the Park Place /Allied Way intersection would be located further west to avoid realignment of the UPRR lead track. The existing UPRR tracks would remain in their existing location and the BNSF tracks would be relocated along the UPRR facilities with both spanning a depressed Park Place /Allied Way intersection. This configuration would also allow for a possible future extension of Allied Way southward to Rosecrans Avenue via the addition of a fourth leg of the intersection thereby providing the potential for additional future congestion relief to Sepulveda Boulevard. The intersection is proposed as a roundabout as it provides the ability to divide the bridge into two shorter spans by adding a column in the center of the roundabout. A roundabout is also seen as an opportunity to incorporate aesthetic enhancements to the grade separation project. Because of the relatively flat grade requirements that are required for efficient roundabout operation, impacts extend west along Park Place past the Plaza E1 Segundo entrance intersection and north along Allied Way past the parking lot entrances on either side of the roadway. Cut slopes at 2:1 would be used where possible although retaining walls would be required near the existing Plaza El Segundo shopping center to minimize impacts to the existing development. To accommodate both the proposed alignments and the possible future extension of Allied Way to the south, the underpass grade separation structure would have two 121' -9" spans for a total bridge length of 243'- 6". These long spans would require the use of steel through plate girders with transverse floor beams and a steel deck. The bridge would accommodate both the UPRR and BNSF realigned tracks. Because the abutment will sit in a cut slope, the proposed abutment types would be short -seat reinforced concrete stem with small diameter cast -in- drilled -hole pile or driven pile footings. Tieback soldier pile walls would support the embankment at the abutment and would extend along the roadway as a combination of tieback soldier pile and cantilever soldier pile walls. The center bent would be founded on piles and would be nearly centered on the roundabout geometry. 14 Park Place Extension July 2014 Construction of the bridge would require staging and a temporary shoofly track for UPRR to maintain railroad operations during construction. A_ lternative 1 C Advantages • UPRR remains in existing configuration • Potential for a future four legged Allied Way/Park Place intersection and southern extension of Allied Way to Rosecrans Avenue • Consolidates intersection and rail crossing at single location, minimizing project footprint • Avoids impacts to capped area on contaminated Kramer parcel • Avoids impacts to UPRR/BNSF crossing diamond and at -grade crossings of Douglas Street • Impact to easterly private property parking minimized (compared to Alternative IA) by having Park Place alignment parallel building fagade /parking lot. Alternative IC Challenges • Relocation of BNSF alongside UPRR would require an easement from UPRR to allow BNSF track within UPRR right of way to fit both lead tracks on a single bridge. If UPRR does not allow this configuration, additional right of way would be required for wider track spacing and separate bridges. • High bridge cost due to overall length needed to span the intersection and provide adequate sight distance throughout the roundabout. • Limited space in the center of the roundabout available for a bridge bent due to sight distance requirements • Maintains barrier for expansion of development from the west/Plaza El Segundo • Shoofly for UPRR required to avoid impacts to railroad operations during underpass construction • May require relocation of a long stretch of the 42" raw water pipeline outside of new railroad right of way • Requires vertical relocation of the 20" Plains All American petroleum pipeline due to larger footprint for roadway /underpass excavation • Requires substantial length of new storm drain (through the developable land between the project site and north detention basin) to be under rail right -of -way • Has the greatest impervious area of the alternatives. 15 Park Place Extension July 2014 Alternative 2A This alternative combines the roadway layout from Alternative 113 with Rail Option 2 that relocates the UPRR track and yard to the west adjacent to the existing BNSF corridor. The UPRR relocation would begin just north of Douglas Street and would require reconstruction of the crossing diamond and existing at -grade crossing at Douglas Street. The lead tracks of each yard would be angled to cross the Park Place extension near the center of the vacant parcel. BNSF tracks would remain in their existing configuration with the exception of the lead track into Chevron and a portion of their storage yard. In this alternative, Park Place would cross the railroad alignment at a very high skew. Because of this, a steel girder bridge with a steel deck would be best suited to span two 90' -0" spans for a total bridge length of 180'- 0". To minimize span lengths, both abutments would be reinforced concrete cantilever semi - gravity retaining wall on piles. Bent columns in the roadway median would also be founded on piles. Reinforced concrete cantilever semi - gravity walls would support the remainder of the railroad embankment. Alternative 2A Advantages • Park Place /Allied Way roundabout located outside the depressed underpass section • Retaining walls minimized at Park Place /Allied Way due to roundabout being at existing grade. • Shorter relocation of 42" raw water pipeline compared to Alternatives IA, 113 and 1C. • Railroad underpass structure could be constructed without a railroad shoofly due to crossing location being away from existing UPRR and BNSF facilities • Impact to easterly private property parking minimized (compared to Alternative IA) by having Park Place alignment parallel building fagade /parking lot. • The storm drain line through the developable land north of the project is outside of the proposed rail right -of -way • Has the least impervious area of the alternatives • Opens up expansion opportunities from developments to both sides, west and east Alternative 2A Challenges • Requires realignment of the UPRR track across the north edge of the capped Kramer parcel • High skew at rail crossing (60 deg) may not be acceptable to UPRR and BNSF. Two independent bridges could be configured to 16 Park Place Extension July 2014 carry the tracks across the roadway with a lower effective skew but this would increase overall structure cost and right of way impacts. • Future intersection required elsewhere along Park Place for southern access to Rosecrans Avenue, resulting in multiple closely space intersections along Park Place. • Partial BNSF relocation in addition to full UPRR relocation • Requires vertical relocation of the 20" Plains All American petroleum pipeline due to larger footprint for roadway /underpass excavation. Additionally, substantial horizontal relocation may also be required so that pipeline will be within new UPRR right of way • Crossing diamond north of Douglas Street and Douglas Street at- grade crossing would both need to be reconstructed Alternative 2B This alternative is similar to Alternative 2A except the roundabout would be shifted to the east to be directly beneath the proposed rail bridge. Like Alternative 1C, this alternative facilitates a future extension of Allied Way southward to Rosecrans via the addition of a fourth leg from the roundabout. While this alternative has the same skew as Alternative 2A, the sight distance requirements of the roundabout push the required span lengths up to 155' -0" at both spans for a total bridge length of 310' -0 ". For span lengths above 150' -0 ", built -up steel plate girders become inefficient and a steel truss would be used. As with the other alternatives, the bridge width would facilitate both the UPRR and BNSF track realignments. Similar to the foundations described for Alternative 2A, the bridge would be supported by high cantilever abutments on piles. The bent in the roundabout would feature two columns supported on piles. Alternative 2B Advantages • Impact to easterly private property parking minimized (compared to Alternative IA) by having Park Place alignment parallel building facade /parking lot. • Consolidates intersection and rail crossing at single location, minimizing project footprint • Potential for a future four legged Allied Way/Park Place intersection with southern extension of Allied Way to Rosecrans Avenue • Railroad underpass structure could be constructed without a railroad shoofly due to crossing location being away from existing UPRR and BNSF facilities 17 Park Place Extension July 2014 • No retaining walls necessary on Park Place or Allied Way due to intersection shifting away from existing development. • Shortest relocation length for the 42" raw water pipeline compared to all other alternatives • The storm drain line through the developable land north of the project site is outside of the proposed rail right -of -way • The low point of the grade separation is higher than all except Alternative 1B • Opens up expansion opportunities from developments to both sides, west and east Alternative 2B Challenges • Longest and most costly bridge type (steel truss) compared to all other alternatives • Bridge abutment and slopes would need to be set back to allow for adequate sight distance throughout the roundabout. • Partial BNSF relocation in addition to full UPRR relocation • Crossing diamond north of Douglas Street and Douglas Street at- grade crossing would both need to be reconstructed Comparison of Alternatives The matrix on the following page presents a rough comparative analysis of the alternatives to rank them with respect to several decision factors. Based on the comparison, Alternatives IA and 1C rank the highest. The main difference between these two top ranked alternatives is cost and traffic circulation benefits. Alternative IA costs less to build, however Alternative 1C provides additional traffic circulation benefits by facilitating a continuous Allied Way corridor southward to Rosecrans Avenue. 18 'm O p N a) � W ti a) U a O U N Q) a� W9 C 3 3 0 a� on z° o� o a � U Ln O� U ° W O ICI GA H a) .a N N a ) � U a, ° F o b y 'D y Q ��j' A° o 'o spy 0 v ° CA N to 0 O N x 'fl = bA m ai 69 O 0 N U 0 U U V y° U F cts as —M V1 M M M V a) ° cz M m Q 0. U•� Z m 06 -0 -0 .O U a) M • F. m m ^� N F F m m r--� 0 O N U O 3 0 X ° ¢ eq IrD bD O C� off° w C.2 "O 0'0A uszi F o y o �b Q- 0 w° o U a 0 O f� O u• D O '` as OU Q.40 C al O N y. ,Vy U U O FO z 'O N U N 0 A '+� o shy °' p a ° ° obi p 'a`"i a� Ei C% F • c�i a) � a >' o o 2 a 0 ? j Ca o `aO o a) i U z a CA w L3 M M N tY M r� 0 0 a) a) 3 o � G4 pU -O O °O�, �ax�6� z U o, °�' a� w '° v� oo (U ct �, on Q a��i ;� U a F z„ Q N N kn kf) m N U R o ee s0. c ea :r ca 'p cd U .2 �w A G4 O U N Q) a� W9 C 3 3 0 a� on z° o� o a � U Ln O� U ° W O ICI GA H a) .a N N a ) � U a, Park Place Extension July 2014 7. RAILROAD INVOLVEMENT The project team has met with Chevron, UPRR and BNSF to discuss the project and potential impacts to their facilities /operations, including possible relocation of rail lines and storage yards to facilitate a single grade separation location at the Park Place extension. After establishment of a locally preferred alternative, the project team will prepare summaries of the project detailing the impacts, advantages, and challenges the project poses to each owner for their review and comment. Based on initial discussion, all parties agreed that security and maintaining operations were key priorities that would need to be addressed by proposals to relocate the rail facilities. It was also a consensus that BNSF and UPRR should maintain and operate separate rail lines and storage yards. Right of way would be a key undertaking and each party was open to discussing potential land swaps, provided that they were made whole. Below is a summary additional key issues related to each party. Chevron Operations Chevron has four major concerns that they would like addressed in any proposed alternative: 1. Security 2. Continued access to both BNSF and UPRR 3. Grade separations at any proposed crossings 4. Current stacking capacity to be maintained at a minimum and an increase is preferred. Chevron perceives potential security and operational benefits that can be achieved by consolidating both rail storage yards adjacent to each other. Chevron also noted that Plains All American operates a 20" crude oil line within UPRR right of way. The pipeline is a significant asset to Chevron and service needs to be maintained. UPRR Operations UPRR concerns include public safety, railroad safety, and advantages /disadvantages the project would have on the railroad and its operations. They were also concerned with the ability to maintain a spur near plaza El Segundo to deliver goods to other customers. BNSF Operations BNSF is concerned with maintaining operations including control of the wye area at the old lumber yard. In addition to Chevron, BNSF serves Air Products although the number of deliveries to Air Products is low and an end to that service is anticipated prior to construction of this project. FA Park Place Extension July 2014 8. COMMUNITY INVOLVEMENT The current phase of this project has undertaken key stakeholder outreach to obtain input from Chevron and the UPRR and BNSF Railway. It is anticipated that outreach efforts for involvement by these key stakeholders will continue through the entire project delivery and that the City of El Segundo may undertake a public outreach effort as part of the environmental process. 9. ENVIRONMENTAL DETERMINATION/ DOCUMENT The preliminary environmental investigation anticipates the environmental document needed for this project under NEPA is an Environmental Assessment (EA), however the project may qualify for a Categorical Exclusion (CE) depending on interpretation of categories. It is anticipated that the CEQA document will be an Initial Study /Mitigated Negative Declaration (IS/MND) tiered off the Plaza E1 Segundo EIR, although an addendum to that EIR may suffice. It is anticipated that Caltrans will be the lead for NEPA and the City of El Segundo will be the lead for CEQA. Joint preparation of NEPA and CEQA environmental documentation is anticipated. The following discusses the anticipated environmental technical studies needed for the project: Noise Because this is a Type 1 project, a Noise Study Report (NSR) will be required per California Department of Transportation /Federal Highway Administration (Caltrans /FHWA) guidelines. However, the project is not expected to require a Noise Abatement Decision Report as its current design does not include sound walls because no sensitive receptors have been identified in the study area. The NSR work plan will be submitted to Caltrans for review and concurrence with the short-term and long -term measurement locations. Air Ouali- The project is in a non - attainment area for ozone and particulate matter. An air quality analysis will be required along with a conformity determination and, potentially, a hot spot analysis. Hazardous Materials/Waste Current and historic land uses in the project area have generated hazardous waste. Honeywell, Inc. prepared a Remedial Action Plan for Soil in October 2004 for submittal to the Los Angeles Regional Water Quality Control Board (RWQCB), which indicated that some of the highest concentrations of Volatile Organic Compounds (VOCs) were located in the railroad area of the current project. An Initial Site Assessment for Hazardous Wastes will be required. Remediation is expected to be one of the highest cost items associated with the project's environmental clearance. 21 Park Place Extension July 2014 Relocation and Land Use Based on the current conceptual plans, all alternatives will require the relocation of Union Pacific (UPRR) and /or Burlington Northern Santa Fe (BNSF) railroad tracks. Also, a portion of the parking lot north of the parking structure connected to the Arc Light Cinemas would be affected under all alternative build scenarios and utilities will have to be relocated. It appears that approximately 30 properties would be affected; therefore, a Relocation Impact Memorandum (RIM) must be prepared. Cultural Resources The cultural resources section of the Plaza E1 Segundo EIR does indicate no archaeological features in the entire rezoning area although one historic resource on the Kramer site, which is within the project area, was noted. This will need to be investigated further in the environmental review phase. Furthermore, Caltrans may request paleontological resource investigation based on findings in the Plaza El Segundo EIR. Biological Resources A preliminary biological resources investigation was conducted to examine potential changes in the setting since prior investigations were conducted with subsequent development in the area. A BSA was established for the entire site. For this review, the same vegetation descriptions were used as those used during the 2003 through 2004 studies of the BSA. Vegetation The dominant vegetation within the BSA consists of deerweed scrub, ruderal/disturbed /developed/ unvegetated and nonnative grasslands. The BSA looks to have been disturbed as a result of shrub clearing and /or grading, and it supports ruderal, nonnative plant species, thus decreasing the potential for native plant species within the BSA. Just two mulefat shrubs were observed within the BSA, in an upland area not associated with riparian habitat. Sandbar willow (Salix exigua) was also identified growing abundantly on the northeast side of the BSA, between the cracks of a large concrete slab. This is uncommon for this particular species, but it was determined that the sandbar willow has been able to sprout and grow between the cracks of the concrete as a result of the species accessing perched ground water or efficiently utilizing pooling rain water that has seeped through the cracks in the slab and been protected from evaporation by the concrete slab. The area associated with sandbar willow has no other riparian vegetation, flowing water, or urban runoff in the immediate area, which is usually associated with willow species. Wildlife The vegetation described above supports various wildlife species. Animal species observed during the survey include sideblotch lizard (Uta stansburiana), yellow- 22 Park Place Extension July 2014 rumped warbler (Dendroica coronata), Anna's hummingbird (Calypte anna), Western meadowlark (Sturnella neglecta), and black phoebe (Sayornis phoebe). Wildlife is likely to use the BSA to move locally from one location to another. However, the BSA is completely surrounded by urban development and would not function as a regional wildlife movement corridor allowing wildlife to move from one open space area to another. The wildlife species in the area are adapted to life in urban surroundings and use these types of undeveloped areas to forage and move about locally. Fences surround the BSA and are not likely to have significant adverse impacts on the wildlife in the area as these species are already accustomed to maneuvering over, under, and around such structures. Special- Status Species No special- status species were observed at the time of survey and, given the present conditions of the BSA, the likelihood for any to occur is low. The site visit was done outside of the bloom period for some plant species, so they would not have been observed during the site visit if present. Jurisdictional Drainages and Wetland No jurisdictional waters were observed within the BSA. Determination With the possible exception of the occurrence of nesting birds in the BSA, at present there likely are no biological resources of particular concern within the BSA, and conditions are essentially the same as described in 2003/2004. With the implementation of the recommendations included in the biological resources memorandum, the project is not expected to impact biological resources in the BSA significantly. 23 Park Place Extension July 2014 10. FUNDING The current project study and environmental documentation are being funded through Federal Demonstration Funds and City of El Segundo matching funds. Additional Federal funds may be pursued for use in future project phases, along with local grant and developer funds. Capital and Capital Support Outlay Estimate (in $1,000.0001$) The above capital cost estimates are accurate and useful for long -range planning purposes only. * Capital costs include construction, right -of -way and utility costs. * *Capital support cost have been estimated at approximately 3 %, 10% and 15% of construction cost for PA &ED, Design and Construction Administration & Engineering respectively. PA& ED costs are assumed to be the same regardless of the preferred alternative selected and is shown as an average of the costs calculated using 3% of construction cost for each. * ** Total cost includes Capital and Capital Support Costs 11. SCHEDULE The schedule below summarizes project delivery timelines for delivery with a Federal funding component through NEPA and CEQA . Federal Funding with NEPA and CEQA Const Cost RAV & Utilities Capital Costs * Capital Support Costs ** Total Estimated Costs to Delivery * ** PA &ED Design Const Admin & Eng Alternative 1 "No Build" $0 $0 $0 $0 $0 $0 $0 Alternative 1A $21.8 $12.4 $34.2 $1.2 $3.4 $5.1 $43.9 Alternative 1B $25.6 $13.4 $39.0 $1.2 $3.9 $5.8 $49.9 Alternative 1C $27.6 $14.3 $41.9 $1.2 $4.2 $6.3 $53.6 Alternative 2A $26.0 $12.3 $38.3 $1.2 $3.8 $5.7 $49.0 Alternative 2B $30.4 $12.5 $42.9 $1.2 $4.3 $6.4 $54.8 The above capital cost estimates are accurate and useful for long -range planning purposes only. * Capital costs include construction, right -of -way and utility costs. * *Capital support cost have been estimated at approximately 3 %, 10% and 15% of construction cost for PA &ED, Design and Construction Administration & Engineering respectively. PA& ED costs are assumed to be the same regardless of the preferred alternative selected and is shown as an average of the costs calculated using 3% of construction cost for each. * ** Total cost includes Capital and Capital Support Costs 11. SCHEDULE The schedule below summarizes project delivery timelines for delivery with a Federal funding component through NEPA and CEQA . Federal Funding with NEPA and CEQA Milestones Delivery Date Month, Year Begin Environmental October 2014 Notice of Intent (NOI) November 2014 Circulate DED March 2016 PA & ED August 2016 Regular Right of Way February 2017 Project PS &E August 2018 Right of Way Certification December 2018 Release to Bid Aril 2019 Approve Contract July 2019 Contract Acceptance August 2019 End Project December 2020 24 RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR EXTENSION OF PARK PLACE BETWEEN NAST ST. AND SEPULVEDA BLVD. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: SECTION 2: The City Manager, or designee, is authorized to apply for a grant with a City match of $2 million from local and developer funds to be used for roadway extension of Park Place between Nash. St. and Sepulveda Blvd. SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified herein. SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein. SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year 2020/2021 to appropriate the monies identified herein to pay for the retention plan proposed by the City in support of its grant application. The City Manager, or designee, is authorized to implement the purpose of this section. SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Karl H. Berger, Assistant City Attorney Suzanne Fuentes, Mayor 2014. LU W F _N O W LL' a 0 N 0 W uj Q' IIl W O a ww O Y LL U 0 W LL x 0 Q U h Ir z U W W w z 7 C7 O 2 U 02 O O W w w O 0 D w LL Y Y Y Q LL w w w O U U U W F O 0 O f 0 ¢o O O O z z O � N N Z m W Q �J U) F W 0 fR, LL c OF O O On V O 1[) 100 O) N rCO W Z Ct r tp N M r r . W O m C) t Ct O 111 '- O (J .� Q I- N m Cl) w O M N T H M 10 Q LL' r ' n r O N N l0 N N n In O) N t0 Z U� 7 Cl) N M Ci N W LriO Crt cc r NO m Q C yL W y d MO U O ° c ) c c m CM U N a- E g T X C T m v m a m a L D W cn c m m U z LL m m m >° m LL o z v w� o` a w g Z. 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II Z Q 0 ) U - LL U d' LL Q m 2 IL O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 09/29/14 THROUGH 10/5/14 Date Payee Am011ilt 9/29/2014 IRS 217, 384.39 9/29/2014 Employment Development 3,697.43 9/29/2014 Employment Development 44,295.26 9/29/2014 Unum 248.40 - 10/112014 Cal -Pecs 106,543.95 10/1/2014 Cal Pers 273,724.84 10/1/2014 Cal Pers 2,785.78 10/1/2014 Cal Pers 5,951.39 10/2/2014 Lane Donovan Golf Ptr 22,492.71 10/3/2014 Health Comp 1,938.46 9/27/14- 10/3/14 Workers Comp Activity 8,335.73 687,498.34 DATE OF RATIFICATION: 10/6/14 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: A=, 1016,11 Deputy City Treas rer II Date . 7 I. am 0.01- )L) -A City Ma er Date Description Federal 941 Deposit State SDI payment State PIT Withholding Long Term Care Premium EFT Retirement Misc EFT Retirement Safety EFT Retirement Safety - Police EFT Retirement Misc Payroll Transfer adjustment Weekly claims SCRMA checks issued 687,498.34 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity Treasurer \Wire Transfers \Wire Transfers 10 -01 -13 to 9 -30 -14 10/6/2014 1/1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 7, 2014 — 5:00 PM CLOSE SESSION CANCELLED 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. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3): -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):. -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYEMENT (Gov't Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 7, 2014 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:00 PM INVOCATION — Lee Carlile, Pastor, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Dugan PRESENTATIONS a. Introduced by Mayor Fuentes and presented by Recreation and Parks Department Staff, recognizing the volunteers who provide community service throughout the year. This is the City's Annual Volunteer Recognition Event. b. Proclamation read by Council Member Fellhauer and presented to Chief Kevin Smith for Fire Prevention Week, October 5 — October 11, 2014. C. Presentation by Jacki Bacharach, Executive Director, on the Annual SBCCOG Work Program. (South Bay Cities Council of Governments) ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present 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. Samantha Cano, Youth President of Tree Musketeers, announced the 2nd Annual Make a Difference Day to be held on Saturday, October 25, 2014. Mike Robbins, resident, commented on the Howard Jarvis Taxpayers Association and commented on agenda item #18. Jerry O'Ryan, resident, commented on the City's water bills and payment cycles. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 3 Scott Houston, resident, thanked the Council and for the Volunteer Event held this evening. Debra Geist, Manhattan Beach resident, commented on agenda item #5. Council answered questions from Public Communications. CITY COUNCIL COMMENTS — (Related to Public Communications) A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action (Public Hearing) regarding the introduction and first reading of an Ordinance approving Environmental Assessment No. EA -1076 and Zone Text Amendment No. 14 -03 to amend the El Segundo Municipal Code ( "ESMC ") § §15 -1 -6, 15 -2 -7 and 15- 21 -6(B) to allow Architectural Landscape Features; Architectural Building Features; unroofed patios and decks; stairs, ramps, and safety guardrails to encroach into required setbacks in the Urban Mixed -Use (MU -S) Zone and to amend the definition of Architectural Landscape Features. Applicant: 2120 Park Place, LP, 2121 Park Place, LP, 800 Apollo, LP - c/o Patrick A. Perry. (Fiscal Impact: None) Mayor Fuentes stated this was the time and place for a Public Hearing regarding the introduction and first reading of an Ordinance approving Environmental Assessment No. EA -1076 and Zone Text Amendment No. 14 -03 to amend the El Segundo Municipal Code ( "ESMC ") § §15 -1 -6, 15 -2 -7 and 15- 21 -6(B) to allow Architectural Landscape Features; Architectural Building Features; unroofed patios and decks; stairs, ramps, and safety guardrails to encroach into required setbacks in the Urban Mixed -Use (MU -S) Zone and to amend the definition of Architectural Landscape Features. (Fiscal Impact: None) City Clerk Weaver stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's office. Mayor Fuentes opened the Public Hearing. Sam Lee, Planning and Building Safety Director, gave a presentation MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 4 Patrick A Perry, Applicant, gave a presentation. Toni Reina, representing Continental Development Corporation, stated CDC is in favor of amending the Ordinance. MOTION by Council Member Fellhauer, SECONDED by Mayor Tern Jacobson to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Discussion Mark Hensley, City Attorney, ready by title only: ORDINANCE NO. 1496 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-1-6,15-2-7, AND 15 -21 -6 TO ALLOW ARCHITECTURAL LANDSCAPE FEATURES, ARCHITECTURAL BUILDING FEATURES; UNROOFED PATIOS AND DECKS; STAIRS; RAMPS; AND SAFETY GUARDRAILS TO ENCROACH INTO REQUIRED SETBACKS IN THE URBAN MIXED -USE SOUTH (MU -S) ZONE; AND TO AMEND THE DEFINITION OF ARCHITECTURAL LANDSCAPE FEATURES. Council Member Fellhauer introduced the Ordinance. Second reading and adoption scheduled for October 21, 2014. C. UNFINISHED BUSINESS 2. Consideration and possible action to amend El Segundo Municipal Code ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, and 15 -8 -2 to add a definition of "Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the Light Industrial (M -1) Zone; to establish Emergency Shelter Development Standards; and, to remove the managed production of resources on Agricultural Lands as a permitted use in the Open Space (O -S) Zone. Applicant: City of El Segundo. (Fiscal Impact: None) Kimberly Christensen, AICP, Planning Manager, gave a presentation Council Member Fellhauer introduced the Ordinance. Mark Hensley, City Attorney, ready by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 5 ORDINANCE NO. 1497 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, AND 15 -8 -2 TO ADD A DEFINITION OF "EMERGENCY SHELTERS "; TO ALLOW EMERGENCY SHELTERS AS A PERMITTED USE IN THE LIGHT INDUSTRIAL (M -1) ZONE; TO ESTABLISH DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS; AND TO REMOVE THE MANAGED PRODUCTION OF RESOURCES ON AGRICULTURAL LANDS AS A PERMTTED USE IN THE OPEN SPACE (O -S) ZONE FOR THE PURPOSE OF COMPLYING WITH THE 2013 -2021 HOUSING ELEMENT OF THE EL SEGUNDO GENERAL PLAN. (EA NO. 1066 and ZTA NO. 14 -02) Second reading and adoption scheduled for October 21, 2014. 1 Consideration and possible action to receive and file this update regarding the Potable Water Reservoir Feasibility Study recommendations and provide additional direction to staff as needed. (Fiscal Impact: None) Stephanie Katsouleas, Public Works Director, gave a presentation Council Discussion MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Dugan to receive and file this update regarding Potable Water Reservoir Feasibility Study recommendations and provide additional direction to staff as needed. 4. Consideration and possible action to approve a revised schedule for 1) mailing out Proposition 218 protest ballots for proposed water and sewer rates, 2) setting a Public Hearing to consider an ordinance for increasing water and sewer rates and fees to December 9, 2014 to receive protest ballots and 3) approval of a standard professional services agreement with Martin & Chapman Co. for support and services for Proposition 218 balloting. (Fiscal Impact: $60,000.00) Stephanie Katsouleas, Public Works Director, spoke briefly on the item. MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to approve a revised schedule for sending out Proposition 218 ballot protest for proposed water and sewer rates, reschedule the previously approved November 18, 2014 Public Hearing date to consider an ordinance for increasing water and sewer rates and fees to a Special Meeting on December 10, 2014, and authorize the City Manager to execute a standard professional services agreement, in form approved by the City Attorney, with Martin & Chapman Co. to provide Proposition 218 support and services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 6 5. Rescission of Brown Act Commitment - In Accordance with Government Code Section 54960.2 (e), consideration and possible action to rescind the commitment made by the City Council on November 5, 2013, not to hold further closed session meetings regarding real property negotiations with regard to ESCenterCal, LLC's (CenterCal ") proposal to enter into a Due Diligence and Ground Lease Agreement ( "Agreement ") to lease the driving range portion of the Lakes Golf Course from the City for the purpose of developing a Top Golf facility (Fiscal Impact: unknown — depends on whether legal proceedings are commenced.) Mark Hensley, City Attorney, commented on the item. Council Discussion Greg Carpenter, City Manager and Mark Hensley, City Attorney answered Council questions. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to delay the consideration of this item and to then give a further 30 day notice to Mrs. Geist in the future that will follow close in time to the report that will be forthcoming from the Golf Subcommittee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/1 YES: FELLHAUER, FUENTES, JACOBSON, DUGAN NO: ATKINSON D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 6. Consideration and possible action to appoint a candidate(s) previously interviewed on June 3, 2014 to the Economic Development Advisory Council (EDAC). (Fiscal Impact: None) Council Discussion MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to appoint of John Healy to the Economic Development Advisory Council (EDAC). 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 7 7. Approve Warrant Numbers 3002569 through 3002886 on Register No. 24 in the total amount of $1,910,306.99 and Wire Transfers from 09/01/2014 through 09/28/2014 in the total amount of $4,224,639.80. 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. 8. PULLED BY CITY MANAGER, GREG CARPENTER 9. Receive and file this report regarding cleaning and repairing drywall and carpet as well as restoring furniture in the north portion of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4. (Fiscal Impact: $37,000.00) 10. Receive and file this report regarding the emergency repair to remove debris in the attic space of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4. (Fiscal Impact: $82,354.00) 11. Approve and adopt the South Bay Workforce Investment Board's (SBWIB) proposed Amendment No. 6 to the Joint Powers Agreement No. 83 -100 approving the cities of Torrance and Lomita as member cities of the SBWIB. (Fiscal Impact: None) 12. PULLED BY MAYOR FUENTES 13_ Authorize the Police Department to replace the current Animal Control Ford F350 utility vehicle (Unit #4002) with a 2014 Ford F150 pick -up truck from National Auto Fleet, purchase one slide -in animal control unit from Jones Trailer Company, and purchase overhead emergency lighting equipment for the proposed vehicle, using Equipment Replacement Funds. (Fiscal Impact: $36,300.00) 14. Adopt Resolution No. 4889 approving plans and specifications for installation of fiber optic cable crossing Sepulveda Boulevard, Project No. PW 14 -08. (Fiscal Impact: $312,263.00) 15. Approve the request for a new Alcoholic Beverage Control (ABC) License to allow the on -site sale and consumption of beer, wine and distilled spirits (Type 47 State of California Alcoholic Beverage Control License) at a new restaurant (H BAR Sip + Savor), and the sale of beer and wine for off -site consumption at an existing market at 810 South Douglas Street (Hyatt House Hotel). Applicant: Steve Rawlings (Fiscal Impact: N /A) MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 8 16. Accept the work as complete and authorize the City Clerk to file a Notice of Completion in the County Recorder's Office for Project No. PW 13 -20. 17. Approve Amendment No. 1 to the Water Service Agreement No. 2677 between the City, Chevron Products Company and the West Basin Municipal Water District with regard to extending the original Water Service Agreement which provides for the City's charges for recycled water meters and a rate surcharge on recycled water utilized at the Chevron Refinery. (Fiscal Impact: rate surcharge results in approximately $2,919,362 revenues projected for FY 2014/2015 to the City's Water Enterprise Fund) MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Consent Agenda items 7, 9, 10, 11, 13, 14, 15, 16, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 *Council Member Dugan did not vote on item #17 due to his ownership of stock in Chevron which is a possible conflict of interest" PULLED ITEMS: 8. Regular City Council Meeting Minutes of September 2, 2014. Regular City Council Meeting Minutes of September 16, 2014 and Special City Council Meeting Minutes of September 24, 2014. Council Discussion MOTION by Mayor Fuentes, SECONDED by Mayor Pro Tern Jacobson to approve the regular City Council Meeting Minutes of September 2, 2014, amended Regular City Council Meeting Minutes of September 16, 2014 (approving items #5 -6 and #5 -7) and Special City Council Meeting Minutes of September 24, 2014. MOTION PASSED BY VOICE VOTE. 4/1 YES: DUGAN, FELLHAUER, FUENTES, JACOBSON. NO: ATKINSON 12. Consideration and possible action to authorize the City Manager to execute a fourth amendment to Agreement No. 4242, in a form approved by the City Attorney, with Willdan Homeland Solutions to continue to provide professional, technical, and consulting support for the City's Emergency Management program, extend the term of the agreement to September 30, 2015 and modify and increase the total amount of the ,Agreement to $60,530.00. (Fiscal Impact: $60,530.00) Council Discussion MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 9 Mayor Fuentes stated she would prefer a full time Emergency Manager. Council directed staff to research and develop options for this position in the coming year. MOTION by Mayor Fuentes, SECONDED by Mayor Pro Tern Jacobson to authorize the City Manager to execute a fourth amendment to Agreement No. 4242, in a form approved by the City Attorney, with Willdan Homeland Solutions to continue to provide professional, technical, and consulting support for the City's Emergency Management program, extend the term of the agreement to September 30, 2015 and modify and increase the total amount of the Agreement to $60,530.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER — Thanked Meredith Petit, Director of Recreation and Parks, and her staff for the Annual Volunteer Recognition Event held this evening. H. REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS Council Member Dugan — None (mentioned he is mourning the loss of California baseball teams going to the World Series!) Council Member Fellhauer - 18. Consideration and possible action to discuss benefits provided to members of the City Council and whether such should be reduced or eliminated either voluntarily or through formal action. (Fiscal Impact: Varies based on options) Martha Dijkstra, Human Resource Director, gave a presentation. Council Discussion MOTION by Council Member Fellhauer, SECONDED by Mayor Fuentes to receive and file this report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Council Member Atkinson — Commended the Council and Council Member Fellhauer for bringing item #18 to the public's attention and thanked all the City volunteers for all they do for our City. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 10 Mayor Pro Tern Jacobson — None Mayor Fuentes — Attended the opening of the Torrance Memorial Lundquist Tower, attended the Urban Land Institute Case Study, attended the United Methodist Church 100th Year Anniversary event, thanked the volunteers, attended the Southern California AQMD meeting for the City selection meeting, stated tomorrow is the El Segundo Chamber of Commerce event, "Salute to the Military" and Mayor Fuentes mentioned she is having trouble with email. 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. Mike Robbins, resident, commented on agenda item #18 and #2. MEMORIALS — None ADJOURNMENT at 9:48 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2014 PAGE NO. 11 EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of Ordinance No. 1497 for Environmental Assessment No. EA -1066 and Zone Text Amendment No. ZTA 14 -02 to amend El Segundo Municipal Code ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, and 15 -8 -2 to add a definition of "Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the Light Industrial (M -1) Zone; to establish Emergency Shelter Development Standards; and, to remove the managed production of resources on Agricultural Lands as a permitted use in the Open Space (O -S) Zone. Applicant: City of El Segundo (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt Ordinance No. 1497 for Environmental Assessment No. EA- 1066 and Zone Text Amendment No. 14 -02; and /or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1497 FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager gc REVIEWED BY: Sam Lee, Director of Planning Building Safety APPROVED BY: Greg Carpenter, City Manager I. Background and Discussion On October 7, 2014, the City Council introduced an Ordinance to approve Zone Text Amendment No. ZTA 14 -02. The Council may waive second reading and adopt the Ordinance. If adopted, Ordinance No. 1497 will become effective in 30 days. PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \1051- 1075 \EA- 1066\EA 1066 Emergency Shelters Ord CC sr 2nd reading.doc al ORDINANCE NO. 1497 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, AND 15 -8 -2 TO ADD A DEFINITION OF "EMERGENCY SHELTERS "; TO ALLOW EMERGENCY SHELTERS AS A PERMITTED USE IN THE LIGHT INDUSTRIAL (M -1) ZONE; TO ESTABLISH DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS; AND TO REMOVE THE MANAGED PRODUCTION OF RESOURCES ON AGRICULTURAL LANDS AS A PERMTTED USE IN THE OPEN SPACE (O -S) ZONE FOR THE PURPOSE OF COMPLYING WITH THE 2013 -2021 HOUSING ELEMENT OF THE EL SEGUNDO GENERAL PLAN. (EA NO. 1066 and ZTA NO. 14 -02) The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. On May 14, 2014, the City of El Segundo filed an application for Environmental Assessment No. EA -1066 and Zone Text Amendment No. ZTA 14 -02. The application proposes an ordinance to amend the El Segundo Municipal Code ( "ESMC ") to add a definition of "Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the Light Industrial (M -1) Zone; to establish development standards for Emergency Shelters; and to remove the managed production of resources on agricultural lands as a permitted use in the Open - Space (OS) Zone for the purpose of compliance with the 2013 -2021 Housing Element of the El Segundo General Plan (the "project "); B. The application was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with ESMC; C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code § §21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations § §15000, et seq., the CEQA Guidelines ") and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. On August 28, 2014, the El Segundo Planning Commission adopted Resolution No. 2756 recommending that the City Council adopt this Ordinance; E. On September 16, 2014 the City Council held a public hearing and considered the information provided by City staff, public testimony, and the Planning Commission's recommendations regarding this Ordinance, closed the Public Hearing and continued the matter to October 7, 2014; F. On October 7, 2014 the City Council considered the information provided by City staff including a revised draft Ordinance, public testimony, and the Planning Commission's recommendation regarding this Ordinance; and G. The ESMC amendments effectuated by this Ordinance are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its September 16, 2014 and October 7, 2014 hearings and the staff reports submitted by the Planning and Building Safety Department. SECTION 2: ESMC § 15 -1 -6 is amended to add the following definitions: "15 -1 -6: DEFINITIONS: DIRECTOR: The director of planning and building safety, or designee. EMERGENCY SHELTER: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay in accordance with Health and Safety Code § 50801(e). HOMELESS PERSON: Has the same definition set forth in 42 U.S.C. § 11302. SECTION 3: ESMC § 15 -6A -2 is amended to read as follows: "15 -6A -2: PERMITTED USES: The following uses are permitted in the M -1 Zone: A. Emergency shelters. B. Fiberglass products, continuous filament lamination of. C. General offices and establishments for research, professional and technical services. D. General storage, warehousing and ministorage. E. High and medium bay labs. 2 F. Light manufacturing uses and related offices. G. Manufacturing and assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacturing of small tools and parts such as coils, condensers, transformers, crystal holders, etc. H. Manufacturing of cleaning agents, waxes and finishes. I. Manufacturing of cutlery, hardware, and hand tools and kitchen utensils. J. Manufacturing, processing and packaging of pharmaceuticals, drugs, toiletries and cosmetics, except soap. K. Public facilities, including, but not limited to, fire and police facilities, post offices, and libraries. L. Public utilities, including, but not limited to, power substations and telephone exchanges. M. Recreation facilities (public and private). N. Restaurants and cafes. O. Other similar uses approved by the director as provided by Chapter 22 of this title." SECTION 4: ESMC § 15 -6A -11 is added to read as follows: "15- 6A -11: EMERGENCY SHELTERS DEVELOPMENT STANDARDS: A. Emergency Shelters. Emergency Shelters are subject to the following development standards: 1. Not more than one emergency shelter is permitted within a radius of three hundred (300) feet from another emergency shelter. 2. No emergency shelter will be permitted within three hundred (300) feet of residentially zoned property, El Segundo public or private schools, El Segundo parks and open space, or child care facilities. 3. The emergency shelter facility may provide one or more of the following specific facilities and services including, without limitation: a. Child care facilities. b. Commercial kitchen facilities designed and operated in compliance with Health and Safety Code §§ 113700, of seq.; 3 c. Dining area; d. Laundry; e. Recreation room; and f. Support services (e.g., training, counseling). 4. Not more than twelve persons can be served on a nightly basis 5. Maximum length of stay of a person in an emergency shelter is limited to one hundred eighty (180) days in any 12 -month period. 6. The facility must provide a minimum of 50 gross square feet of personal living space per person served, not including space for common areas. 7. Emergency shelters may operate 24 -hours a day to provide sleeping facilities and other facilities and services. Admittance and intake processing of emergency shelter clients is limited to 7:00 AM to 10:00 PM daily. Delivery hours are limited to 7:00 AM to 6:00 PM daily. Refuse collection is limited to 7:00 AM to 8:00 PM daily. 8. Each emergency shelter must have an on -site management office, with at least one (1) employee present at all times the emergency shelter is in operation. A minimum of two (2) employees must be on duty when more than ten (10) beds are occupied. 9. Each emergency shelter must have on -site security employees, with at least one (1) security employee present at all times the emergency shelter is in operation. 10. Staging drop -off, intake, and pick -up of emergency shelter clients must take place inside a building, at a rear or side entrance not adjacent to a public right -of- way, or in an interior courtyard. Any exterior waiting areas must be physically and visually separated from public view of a right -of -way with a minimum six (6) foot tall decorative masonry wall and /or a six (6) foot tall hedge or similar mature landscaping as approved by the director. Floor plans for the emergency shelter must be submitted with the building plans that show the size and location of any proposed interior and /or exterior waiting or resident intake areas. 11. Outdoor recreation activities may be conducted at the facility subject to the same physical and visual separation requirements as exterior waiting areas as set forth in this Section. 12. Off - street parking must be provided as set forth in this Code, except that the number off - street parking spaces provided must be one (1) parking space per three (3) beds, plus one (1) parking space per employee on duty with a minimum of three (3) employee parking spaces. Notwithstanding this requirement, the 4 required number of off - street parking spaces cannot exceed the spaces required for similar uses of the same size in the M -1 Zone. 13. Exterior lighting must be provided at all building entrances and outdoor activity areas, and must be activated between sunset and sunrise of each day. All exterior lighting must comply with this Code. 14. Facilities must provide a storage area for refuse and recyclables and must be fully screened from public view of any public right -of -way and be enclosed by a solid wall or fence, in accordance with this Code. The refuse and recyclable storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided. 15. Emergency Shelter application requests and building plans for emergency shelters must be submitted to the director, and if the application and building plans meets all applicable standards in this Code, including design, development, and any other state or local requirement, the Emergency Shelter application may be approved by the director. Emergency Shelter applications must be approved before a building permit may be issued." SECTION 5: ESMC § 15 -8 -2 is amended to read as follows: "15 -8 -2: PERMITTED USES: The following uses are permitted in the O -S Zone: A. Public outdoor recreation, including, without limitation, ball parks and bleachers, swimming pools, parks and other areas of active or passive recreational usage; trails and other suitable corridors including off -road bicycle paths. B. The preservation and conservation of natural resources, including, without limitation, areas required for the preservation of plant and animal life and areas required to provide visual relief from intense urban development and growth. C. The managed production of mineral deposits. D. The regulation of areas for public health and safety, including, without limitation, areas which require special management or regulation because of hazardous or special conditions. E. Other similar uses approved by the director, as provided by Chapter 22 of this title." SECTION 6: Environmental Determination: The City Council determines that this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for construction and operation of new small 61 commercial facilities. Specifically, the proposed ordinance would allow Emergency Shelters as a permitted use in the Light Industrial (M -1) Zone; remove managed production of resources on agricultural lands as a permitted use in the Open -Space (OS) Zone; and implement minor revisions and clarifications to existing regulations and specification of procedures related to housing and will not have the effect of substantially changing regulatory standards or findings. The project, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15303. Further, the project is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the project is for general policies and procedure - making. The project does not authorize any new development entitlements, but simply establishes policies and procedures. Any proposed project that will utilize the changes set forth in the proposed ordinance will be subject to CEQA review as part of the entitlement review of that project. The project will not adversely impact the environment and is therefore exempt from the provisions of CEQA. SECTION 7: 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. SECTION 8: Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 9: 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. 0 SECTION 10: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2014. Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy S. Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said is five; that the foregoing Ordinance No. 1497 was duly introduced by said City Council at a regular meeting held on the 7th day of October, 2014, 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 21st day of October, 2014, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy S. Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \1051 - 1075 \EA - 1066\2014.10.21. EA -1066 Emergency Shelters ZTA CC Ordinance. 1497.doc 7 EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt Ordinance No. 1496 approving a Zone Text Amendment to amend the El Segundo Municipal Code ( "ESMC ") to allow Architectural Landscape Features; Architectural Building Features; unroofed patios and decks; stairs, ramps, and safety guardrails to encroach into required setbacks in the Urban Mixed -Use (MU -S) Zone and to amend the definition of Architectural Landscape Features. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt Ordinance No. 1496 for Environmental Assessment No. EA- 1076 and Zone Text Amendment No. 14 -03; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1496 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Sam Lee, Director of Planning and Building Safety APPROVED BY: Greg Carpenter, City Manager I. Background and Discussion On October 7, 2014, the City Council introduced an Ordinance to approve Zone Text Amendment No. 14 -03. The Council may waive second reading and adopt the Ordinance. If adopted, Ordinance No. 1496 will become effective in 30 days. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \1076- 1100\EA- 1076 \City Council 10212014\EA 1076 - CC sr 2ndreading.doc 5 ORDINANCE NO. 1496 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15 -1 -6, 15 -2 -7, AND 15 -21 -6 TO ALLOW ARCHITECTURAL LANDSCAPE FEATURES, ARCHITECTURAL BUILDING FEATURES; UNROOFED PATIOS AND DECKS; STAIRS; RAMPS; AND SAFETY GUARDRAILS TO ENCROACH INTO REQUIRED SETBACKS IN THE URBAN MIXED -USE SOUTH (MU -S) ZONE; AND TO AMEND THE DEFINITION OF ARCHITECTURAL LANDSCAPE FEATURES. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. On July 28, 2014, the applicant, 2120 Park Place, LP, 2121 Park Place, LP, and 800 Apollo, LP, submitted an application for Environmental Assessment No. EA -1076 and Zone Text Amendment No. ZTA 14 -03 to the El Segundo Municipal Code ( "ESMC ") to allow Architectural Landscape Features, Architectural Building Features, unroofed patios and decks, stairs, ramps and safety guardrails to encroach into required setbacks in the Urban Mixed -Use South (MU -S) Zone; and to amend the definition of Architectural Landscape Features; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC; C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for August 14, 2014; E. On August 14, 2014, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony; F. On August 14, 2014, the Planning Commission adopted Resolution No. 2753 recommending the City Council approve Environmental Assessment Page 1 No. EA -1076 and Zone Text Amendment No. ZTA 14 -03; G. On October 7, 2014, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and H. This Ordinance and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its October 7, 2014 hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Adopting this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303; 15304(e); 15305; and 15311. Further, the adoption of this Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure- making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing the previously approved project to be constructed. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA. SECTION 3: Findings. The City Council incorporates by reference all of the findings and conclusions set forth in Planning Commission Resolution No. 2753 as if fully set forth including, without limitation, the Environmental Assessment set forth in Section 3 of Resolution No. 2753. SECTION 4: The definition of "Architectural Landscape Features: set forth in ESMC §15 -1 -6 is amended to read as follows: «* ARCHITECTURAL LANDSCAPE FEATURES: Small landscape structures, such as fountains, arbors, trellises, pergolas, colonnades, statuary, benches, bench walls, landscape planter walls not exceeding three feet in height, and other similar features, as well as works of art which do not contain floor area. Arbors, trellises, pergolas, colonnades, and other similar features, as well as works of art cannot consist of a roof or side walls greater than twenty percent (20 %) component solid portions when considered as Architectural Landscape Features. These features are not "structures," as defined in this section, for setback purposes. Page 2 SECTION 5: A new subsection E is added to ESMC §15 -2 -7 to read as follows: E. Urban Mixed -Use South (MU -S) Zone: In addition to other encroachments in nonresidential zoning districts, stairs; pedestrian ramps; and related safety guardrails; and unroofed patios; and decks may be located within setback areas as follows: 1. Stairs, pedestrian ramps, and related safety guardrails must maintain at least a three -foot (3') distance to a lot line. 2. Unroofed patios and decks must be enclosed by walls, fences, and /or hedges. These may be up to three (3') feet and six (6') inches in height maintain at least a ten -foot (10') distance to a property line. Unroofed patios and decks enclosed by walls, fences, and /or hedges exceeding three (3') feet and six (6') inches in height must maintain at least a 15 -foot distance to a lot line." SECTION 6: ESMC §15- 21 -6(B) "Nonresidential Restrictions," is amended to read as follows: B. After May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased up to the maximum allowable floor area ratio (FAR) as determined by this title or the El Segundo general plan. The expansion must meet the requirements of this title related to setbacks, lot coverage, height and parking, but is not required to compensate for any deficiency or nonconformity in the original building or use, except as follows: 1. In the Urban Mixed -Use South (MU -S) Zone, Architectural Building Features may project up to five (5) feet from the existing building face into required setback areas, but must maintain at least a 15 -foot distance to a lot line." SECTION 7: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 8: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does 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. Page 3 SECTION 9: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 10: 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. SECTION 11: 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. Page 4 SECTION 12: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of _,2014. Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, 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. 1496 was duly introduced by said City Council at a regular meeting held on the 7th day of October, 2014, 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 21st day of October, 2014, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney In Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \1076 - 1100 \EA - 1076 \City Council \EA -1076 - MUS Zone CC .Ordinance.1496..10.21.2014.doc Page 5 EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to authorize the City Manager to execute a 3 -year License Agreement in a form approved by the City Attorney with The El Segundo Nursery School Group to operate a non - profit pre - school at the Clubhouse Building. (Fiscal Impact: Reservation revenues of $750 in Fiscal Year 2014/15, $1,500 in Fiscal Year 2015/16, and $3,000 in Fiscal Year 2016/17) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute an agreement with The El Segundo Nursery School Group in a form approved by the City Attorney; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft License Agreement. FISCAL IMPACT: Reservation Revenues of $750 in Fiscal Year 14/15, $1,500 in Fiscal Year 15/16, and $3,000 Fiscal Year 16/17 Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 001 - 300 - 0000 -3879 (Reservation Fees) ORIGINATED BY: Jesse Bobbett, Acting Recreation Superintendent REVIEWED BY: Meredith Petit, Director of Recreation and Parks APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: The El Segundo Nursery School Group ( "Co -Op ") has been operating a non - profit pre - school in El Segundo since 1947. Since the early 1950's the school has utilized the Clubhouse Building at Recreation Park as its home. During this time, it has served the community by offering this low cost program to El Segundo Residents utilizing limited funds for 2 part-time staff members and hundreds of parent volunteer hours to run the program. The program currently serves 24 students per academic year and operates 3 days per week, Tuesday- Thursday, from 8:30 a.m. — 12:30 p.m., from early September through early June. On May 20, 2014, City Council approved a fee schedule establishing new hourly rates for Recreation and Parks Department facilities. The newly approved rate for the school to reserve the Clubhouse would be $15 per hour. The school utilizes the facility approximately 400 hours per year, yielding fees of nearly $6,000. Due to their non - profit status and low registration cost of the program, paying the entire fee would potentially force the closure of the school. Recreation and Parks Staff has met with representatives from the school to discuss the upcoming change in reservation fees. Through this meeting, it was determined that the school could realistically afford about half of the fee per year, but has requested the fee be phased in over time. Staff recommends that the Co -Op Nursery School ultimately receive a discount of 50% of the fee ($3,000 per year) given that they are an ongoing reservation that provides a service to the community which aligns with the mission of the Recreation and Parks Department. E3 Staff recommends entering into a License Agreement for the remainder of the 2014 -15 academic year at a rate of $750 (25% of the ultimate goal of $3,000 per year). The proposed license agreement would give the program time to find alternative ways to raise funds so that they can eventually build this reservation fee into their operating budget. The agreement would allow the preschool to operate at the current schedule of 3 days per week, Tuesday- Thursday, from 8:30 a.m. - 12:30 p.m. at the Clubhouse and accommodate roughly 10 parent meetings and 3 special events each year. This would equate to approximately 400 hours of facility usage per academic year. Further, it is recommended that the annual fee for Fiscal Year 15/16 be $1,500, and Fiscal Year 16/17 would reach the goal of $3,000. The El Segundo Nursery School Group Board President, Sarah Whelan, has indicated that the entire Board is in agreement with the fees as proposed. LICENSE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO NURSERY SCHOOL GROUP THIS LICENSE is made and executed this 22nd day of October, 2014, between the CITY OF EL SEGUNDO, a municipal corporation ( "CITY "), and THE EL SEGUNDO NURSERY SCHOOL GROUP, a California non -profit corporation ( "LICENSEE "). 1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, real property located at the George E. Gordon Clubhouse, 300 E. Pine Ave., El Segundo, CA ( "Property "). CITY's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to use property only. 2. USE OF PROPERTY. A. LICENSEE may temporarily use the Property for the purposes of operating nursery school programs. B. CITY may change, amend, or terminate LICENSEE's use of Property at any time, and in its sole discretion, verbally or in writing. 3. TERM. Except as provided in Section 4, the term of this license will begin on October 1, 2014 and end on September 30, 2017. Upon mutual written agreement between the parties, this License may be renewed for additional time. 4. TERMINATION. A. As stated above, CITY may terminate this License at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless CITY specifies otherwise. B. LICENSEE may terminate this License at any time in writing at least five (5) days before the effective termination date. C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. D. Upon termination, LICENSEE will remove all personal property and improvements from Property within two (2) days. Property will be left in a clean and orderly fashion. 5. COMPENSATION. In exchange for the use of the facilities at Property, LICENSEE agrees to pay CITY a sum of Seven Hundred Fifty Dollars ($750) in FY 14/15, One Thousand Five Page 1 of 7 Hundred Dollars ($1,500) in FY 15/16, and Three Thousand Dollars ($3,000) in FY 16/17 for the term of this License. 6. CONDEMNATION. If all or part of Property is acquired by eminent domain or purchase in lieu thereof, LICENSEE acknowledges that it will have no claim to any compensation awarded for the taking of Property or any portion thereof or for loss of or damage to LICENSEE's improvements. 7. RELOCATION BENEFITS. LICENSEE acknowledges that it has been informed that CITY is a public entity and that Property was previously acquired by CITY for a public purpose. LICENSEE further acknowledges that any rights acquired under this License arose after the date of acquisition of Property and that said rights are subject to termination when Property is needed by CITY. LICENSEE hereby acknowledges that at the time of said termination of this License by CITY, it will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 8. ALTERATIONS. LICENSEE will not make, or cause to be made, any alterations to Property, or any part thereof, without CITY's prior written consent. 9. HAZARDOUS /TOXIC WASTE. CITY has not, nor, to CITY's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within Property in violation of any law or regulation. LICENSEE agrees to defend and indemnify CITY, to the extent stated in Section 12, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 10. SIGNS. LICENSEE will not place any sign upon Property without CITY's prior written consent. LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances. 11. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein. 12. INDEMNIFICATION. A. LICENSEE will hold CITY harmless and free from any and all liability arising out of this License, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this License, or its performance, pursuant to this License, LICENSEE will defend CITY (at Page 2 of 7 CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this License. E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 13 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LICENSEE pursuant to this License, including but not limited to the provisions concerning indemnification. 13. INSURANCE. A. Before commencing performance under this License, and at all other times this License is effective, LICENSEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability: Workers compensation Limits (combined single) $2,000,000 $1,000,000 Statutory limits B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to CITY except for nonpayment of premiums which may be cancelable upon ten (10) day notice. Page 3 of 7 C. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. D. Should LICENSEE, for any reason, fail to obtain and maintain the insurance required by this License, CITY may obtain such coverage at LICENSEE's expense and charge the cost of such insurance to LICENSEE under this License or terminate pursuant to Section 4. 14. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to Property and will faithfully observe in the use of Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of Property will be conclusive of that fact as between CITY and LICENSEE. 15. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate. 16. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License. 17. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE. Except for areas restricted because of safety concerns, CITY and the general public will have unrestricted access upon Property for all lawful acts. 18. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event said License will automatically cease and terminate. 19. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to Page 4 of 7 either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at: The El Segundo Nursery School Group 300 East Pine Ave. Street El Segundo, CA 90245 or to CITY at: Department of Recreation & Parks 350 Main Street El Segundo, CA 90245 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this License and related documents to be entered into in connection with this License will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. GOVERNING LAW. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Los Angeles County. 22. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding. 23. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting Property, the use of Property by LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE. Any agreement or representations respecting Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void. 24. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and this License will never be construed either for or against either party. 25. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to Page 5 of 7 engage in the actions described herein. This License may be modified by written agreement. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 26. COUNTERPARTS. This License may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Greg Carpenter, City Manager ATTEST: Taxpayer ID No. Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney Page 6 of 7 Exhibit A Scope of Services LICENSEE agrees to provide the following services at CITY's George E. Gordon Clubhouse Drop -In Room: 1. Certified and /or trained staff to operate programs offered by The El Segundo Nursery School Group. CITY agrees that LICENSEE may utilize the following annual schedule: September to June • Tuesdays /Wednesdays /Thursdays (8:30am — 12:30pm) • Parent Meetings on the 2"a Tuesdays of every month (7:00 — 8:30pm) Page 7 of 7 EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a five -year Maintenance Agreement to West Coast Arborists, Inc. for annual services for maintenance, removal and replacement of trees. (Fiscal Impact: $110,000.00 — Included in Adopted Budget) RECOMMENDED COUNCIL ACTION: 1. Award contract to West Coast Arborists, Inc.; 2. Authorize the City Manager to execute a ?3aintenance Agreement to West Coast Arborists, Inc., in a form approved by the City Attorney; and /or 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Bid /RFP No. 14 -17 Log 2. Proposed Costs Comparison 3. Proposal Letter from West Coast Arborists, Inc. 4. West Coast Arborists, Inc. Price List 5. Draft Maintenance Agreement FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $110,000.00 Additional Appropriation: N/A Account Number(s): 001 - 400 - 5102 -6206 (Parks Operation, Contractual Services) ORIGINATED BY: Mark Trujillo, Parks Superintendent REVIEWED BY: Meredith Petit, Recreation and Parks Director APPROVED BY: Greg Carpenter, City Manager C Aq BACKGROUND AND DISCUSSION The City's urban forest plays an important role in the character and charm of the City, providing a sense of place and balance to the arterial highways, streets, neighborhoods and parks. The Recreation and Parks Department maintains approximately 6,000 trees in the city parkways, medians, parks, open space, and various city properties. To maintain and protect the City's urban forest, the department implemented a sound tree maintenance program that has gained recognition by the National Arbor Day Foundation as a Tree City USA for the past 12 years. The tree maintenance program includes the City's Certified Arborist, three staff, and tree maintenance contractors. 7 The City's current tree maintenance contract was awarded to Great Scott Inc. in 2005. Due to the length of time since the last competitive bidding, staff solicited Request for Proposal (RFP) #14- 17 in August 2014. The intent is to also evaluate current services and ensure that the City is receiving the best service and value possible. General information highlights of RFP# 14 -17 are as follows: • Services are on an as- needed basis for tree trimming, tree removal, tree planting, clean up and disposal of generated green waste, root pruning, root barrier installation, tree inventory, small tree care and emergency on -call services; • Services are subject to the General and Special Provisions /Specifications; • Term is for five (5) years with a renewal option of five (5) additional years; • Annual budget requires City Council approval; • Contractor to work closely with the City's Certified Arborist and City staff; • Contractor to provide the most appropriate care and maintenance following the Master Street Tree Plan and Policies with sensitivity to the City of El Segundo, its residents and visitors; and, • Selection process includes Quality and Completeness of Proposal, Corporate Capability, Reference Evaluation and Fee Schedule. On September 17, 2014, the City Clerk's office received and opened bids from West Coast Arborists Inc. and Great Scott Tree Service Inc. Both bids are highly favorable and after going through the selection process criteria, staff recommends awarding the contract to West Coast Arborists Inc. Staff estimates that West Coast Arborists Inc. will provide the best possible value for the City's most needed tree maintenance services, primarily full tree removals and full trims of large species trees. West Coast Arborists Inc. is a for - profit California Corporation located in Anaheim with over 40 Certified Arborists and over 100 Certified Tree Workers. The company has a 41 -year track record of working for more than 200 municipal agencies. Current City contracts include Beverly Hills, Torrance, West Hollywood, La Canada Flintridge and Culver City. In the proposal, West Coast Arborists Inc. indicated that the company's main visions are delivering the best Urban Forestry Management Program in California, providing 100% customer satisfaction and providing interactive partnership with customers. The Department's approved budget allocation for tree maintenance services in FY 2014 -2015 is $110,000. If awarded by the City Council, the Maintenance Agreement will be executed as promptly as possible to allow the Recreation and Parks Department to continue providing much - needed tree maintenance services on City -owned trees. Date of RFP Due /Open: Time of RFP Due /Open: Place of RFP Due /Open COMPANY NAME/ADDRESS 1. Great Scott Tree Service Inc. 10761 Court Street Stanton, CA 90680 2. WCA 2200 E. Via Burton Street Anaheim, CA 92806 3. 4. 5. 6 7. 8. 9. 10. CITY OF EL SEGUNDO BID /RFP LOG BID NO. #RFP 14 -17 City of El Segundo — Recreation and Parks Via Purchasing Tree Maintenance Services Wednesday, September 17, 2014 11:00 AM City Clerk's Office Assigned in City Clerk's Office for tracking purposes only City Clerk's Office City Clerk's Office Recreation & Parks /Purchasing n O N r L E a a� 4 w I" N O U 0 CL J II N v_ m 'I@-Q CL' a �a C, G .3 C a c ca ID 1 ti 1 4 a U- W 1W c�gg00000 0NC�O�jO�Oj gr� ooggog000 �p�p 4i34A W!°�E�?#jNf�N�1f���OOM. IC1 �� � tt? 69? W lFi446A(464 U - M C a�oOO ® og��ggSgS�3g8g8So888g$°,. pp O p S CL �a)cocoana'� � ��, ° 44 vW 44 t C C L y E � C G1 N N N N N N N N N N N N N N N y 0 L 0 aaaaaaan.aaan.A.A. G) a� 'E O E CL �caE " E g ►_ M c W a aci(L E m� aa— EE tsb_' o N. 'cam C E b �$$a Cc C L- .C.0 r c N �O � ��m������z�gci e CV .-ti_ a 19 �0 E O N C C +�. ETB�� C y s l ?y rNNU�'UcrL,I ,8 I-f t�- ccc UU4) E E E E_ c 3 E Is�ab��� E E E 'C E 'C E 'C N m > N� w > m >��ca c O c O a .3 anyy Z O EmEc O 0-= == c C C W NfnU O c` p �H cu m ca m m oC cEEEEC C F-HHH � M m E E E �i �i �i �i �i a0 ` a) (2 WraOO cSS D lilililiUUUaaaHHHHHHHW N O U 0 CL J II N v_ m 'I@-Q CL' a �a C, G .3 C a c ca ID 1 ti 1 4 a U- W Tree Cure Professionals Serving Communities *%o Care About Trees September 16, 2014 City of El Segundo Attn: Office of the City Clerk 350 Main Street, Room 5 El Segundo, CA 90245 -3813 RE: RFP# 14-17 - Tree Maintenance Services Due: Wednesday, September 17, 2014 at 11:00 AM To whom It may concern; www.WCAINC.corn Thank you for allowing West Coast Arborists, Inc. (WCA) with the opportunity to submit a proposal for tree maintenance services for the City of El Segundo. WCA is a family -owned and operated company employing over 700 full -time employees providing various tasks to achieve one goal: serving communities who care about trees and landscape. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. WCA's corporate values include listening to customers and employees that will help to Improve services offered. By establishing clear goals and expectations for the organization, supporting Its diverse teams, and exchanging frequent feedback from customers and employees. WCA's top management team has created a culture where employees become accountable for actions. and results. WCA has a 41 -year track record of working for more than 200 California, Arizona and Nevada municipalities and other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Boards under license #366764. We have held this license in good standing since 1976. The license specializes In Class C61 (Tree Service) as well as Class C27 (Landscaping). We currently employ over 40 Certified Arborists and over 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. Should we be awarded this project, we shall use full -time, in- house employees; no subcontractors will be used. Our employees operate from one of our seven California offices: Anaheim, Ventura, San Diego, Riverside, Fresno, San Jose and Stockton serving over 220 municipalities. For questions related to this proposal and who has the authority to negotiate, please contact Victor Gonzalez, V.P. Marketing at (714) 991 -1900 or at veonzalez@wcainc.com. Dave Cooper, Area Manager, will be assigned to this project should WCA be awarded this contract. He can be reached at (714) 920 -4026 or dc000erOwcainc.com. Sinc; rre; ly, t Jt.�� Ary }� Victor Gonzale `� Er Vice President a m_ a c N N U) N 7 Lq z L- u c (D a i m 0 c m m L to �o ®o C A O ° °p•0000SSooSpogop000popop� d' 0 0 0 0 0 6 �A O O to N� l�j d0 e� O O ®O 0 0 ���s��ys�oa�F, .. E a 0 a a a a 013 a s= a (�. r L9 4�4 O f ko _ .. o E E E ct :E •� •c c •� � y _ V U c W N � a H E E cya c� L" d w L w w a a a a w w � o DC DC a u. > u_ >_ u_ u- 5 v v a a s f- F• I H H cn 0 0 z L- u c (D a i m 0 c m m L MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND WEST COAST ARBORISTS, INC. THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 22nd day of October, 2014, by and between the CITY OF EL,SEGUNDO, a general law city and municipal corporation ( "CITY") and WEST COAST ARBORISTS, INC., a California for profit Corporation ( "CONTRACTOR "). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on an as- needed basis an amount set forth in the attached Exhibit "A," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from October 22, 2014, to September 30, 2019. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing Page 1 of 8 wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at liLLp : / /Nyww.dir.ca.gov /DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Page 2 of 8 vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE, A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Page 3 of 8 Limits (combined single) $5,000,000 $5,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A :VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. Page 4 of 8 B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Page 5 of 8 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: Attn: Mark Trujillo City of El Segundo 350 Main Street El Segundo, CA 90245 To CONTRACTOR: Attn: Victor Gonzalez 2200 East. Via Burton St. Anaheim, CA. 92806 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. Page 6 of 8 14. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7of8 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a general law city. Greg Carpenter, City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Lim Karl H. Berger, Assistant City Attorney President Secretary Taxpayer ID No. Page 8 of 8 a m ri W O v 0 N N N w N 7 Lo c a� a i 0 c c� 2 z v � Q 000 oo G °o, $, pC 000 coo � , 0000 N - � v N , pp o°, v o°, o°, OOC o O 0 0 a co yoes Go " fiowepi40%409.6%a�es40r44 ) N 6& 4 401 t6a cV $ C 0 a a �! a d d a a a a a a LL a a a a a a a s= a a 6. ECL n. c E - m m .0- E L s c� 'o r tD 2 ` m to ti ` ,c ro �o � { G c - O7 r U F- E V� Im We N Al c 3 E E 5 E 5 C C H C c H o N S NNO 5 C C W U (� W U Q C �v w an . d Pc LEE C C c°3 E E E E w E cc E Ix ��' r c a c a c a c a a� a� c w to to a m u'. u'. U U a a a H H H 9 F�- w w Q O O c a� a i 0 c c� 2 z EXHIBIT A City of El Segundo Recreation and Parks Department RFP # 14 -17 Tree Maintenance Services General & Special Provisions /Specifications Table of Contents SECTION PAGE NO. NO. 1. Definitions .................................... ............................... 3 2. Term ............................................ ............................... 4 3. Work and Material Requirements ........ ............................... 4 4. Maintenance Schedule and Commencement of Work ................. 6 5. Subcontracting ............................... ............................... 8 6. Contractor's Responsibilities .............. ............................... 8 7. Authority of the Director or her /his Designee ........................ 8 8. Assignment of Rights ...................................................... 11 9. Prohibited Interests ......................... ............................... 11 10. Pruning Standards & Specifications ...... ............................... 11 11. Tree Removal ................................. ............................... 13 12. Tree Planting .................................. ............................... 14 13. Integrated Pest Management Practices ... ............................... 16 14. Emergency /On Call Work .................. ............................... 16 15. Clean-up ........................................ ............................... 16 16. Compensation .................................. ............................... 17 17. Examination of Site Work ................... ............................... 18 18. Disposal of Materials ......................... ............................... 18 19. Inspection ....................................... ............................... 18 SECTION PAGE NO. NO. 20. Notices ......................................... ............................... 19 21. Additional Services to be performed ...... ............................... 19 22. invoice .......................................... ............................... 20 23. Withholding Payment .................... ..............................I ..... 20 24. Minor Modification and /or Additional Work ........................... 20 25. Clarification of Special Provisions ......... ............................... 21 Tree Maintenance Special Provisions Pad *e 2 of 20 GENERAL & SPECIAL PROVISIONS /SPECIFICATIONS 1. Definitions 1.1 General Construction Terms defined herein, which are used in other Contract Documents, have the meaning assigned herein, unless the context requires a different meaning. Words used herein in the masculine gender include the feminine and neuter, and vice versa; the singular includes the plural, and vice versa. The word "person" includes a corporation, association or partnership. Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well -known or technical meaning shall be so construed. Where "as directed ", "as required ", "as permitted ", "approve ", "acceptance ", or words of similar import are used, it shall The understood that the direction, requirement, permission, approval or acceptance by the City of El Segundo is intended unless otherwise stated. As used herein, "provide" shall be understood tip mean "provide complete ", in total. The word "site" as used hereinafter shall be understood to mean the location receiving the service. 1.2 Terms Defined Acceptance: The formal written acceptance by the Agency of a project which has been completed in all respects in accordance with the specifications and any modifications thereof. Addendum: The modification of the specifications issued to all rospective bidders during the period when necessary to change, correct, clarify, or further define any phase of the work. Bidder: Any individual, firm, partnership, corporation, and combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Ci +: The City of EL Segundo, California City Clerk: The City Clerk of City. City Council: The City Council of City. Contractor: The successful Bidder to whom the contract is awarded. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract. Days: Calendar days, unless business days or workdays are expressly specified. Director or her /his Designee: The Director or her /his Designee of Recreation and Parks or his /her duly authorized deputies, agents, representatives or inspectors. Materials: Any material, equipment, appliance, process, item or article of any nature whatsoever installed or incorporated into the work or provided to City under the contract. Project: The project is the total improvement, of which the work performed under the contract may be the whole or a part. Special Conditions: Any provision in the Contract Documents that supplements modifies and, when in conflict, supersedes these General Conditions /Specifications. Subcontractor: Any Subcontractor under Contractor. Work: That which is proposed to be maintained under the contract, in strict accordance with the Contract Documents, including the furnishing of all necessary or convenient tools, equipment, material, labor and transportation. Working Days: A working day is defined as any day, except Saturdays, Sundays, legal holidays and except days when work is suspended by the Director or her /his Designee of Recreation and Parks, and any other day determined to be non - working in accordance with the contract documents. 2. Term: The initial term of this Agreement shall be for (5) years from the execution date until midnight, September 30, 2019. 3. Work and Material requirements 3.1 Use of Premises (a) If a storage area is provided by the City, the Contractor shall confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the Director or her /his Designee. (b) With respect to any tools or equipment used in the performance of the contract, the Contractor shall have said equipment inspected prior to use, have written acceptance that they are in good and safe condition and also agrees to maintain them in a safe condition for the protection of workmen while using them during the performance of the work. 3.2 Work Quality (a) All tree trimming shall comply with good arboricultural practice for the particular species being trimmed and shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and /or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT -288. The Contractor shall also meet the requirements of the American National Standards, Z133 -1 -1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. 3.3 Warran (a) The labor and materials bond must remain in effect until expiration of six months after the job period in which verified claims may be filed as provided in section 3184 of the California Civil Code, and the performance bond must be paid up and in effect for six - months after the release of the job by City. (b) Besides warranties and guaranties otherwise required by the contract documents, Contractor warrants and guarantees all work for a period of six - months after date of release of work by City, unless a longer period is specified. I iec .Nlainlrnaner spvcwl Plkwkiuns 1)"WC 4 ul 'U (c) In the event Contractor fails to commence corrective maintenance work within ten (10) days after being notified in writing to do so by the Director or her /his Designee and prosecute the corrective maintenance work to timely completion, City may proceed to have defects corrected and made good at the expense of Contractor who shall pay costs and charges therefor immediately on demand. (d) If, in the opinion of the Director or her /his Designee, defective work creates a condition, which requires immediate corrective work the Director or her /his Designee shall attempt to give the notice, required by this section. If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by the Director or her /his Designee, City may, notwithstanding the provisions of this Section, proceed to make such corrective work, and Contractor shall be liable for costs of such corrective work. Such action by City will not relieve Contractor of the warranties and guaranties provided in this Section or elsewhere in the contract. (e) This section does not in any way limit the warranty or guaranty on any material for which a longer warranty or guaranty is specified in the Contract Documents or on any items for which a manufacturer gives a warranty or guaranty for a longer period. Contractor shall furnish the Director or her /his Designee with all appropriate warranty and guaranty certificates upon release of the work. 3.4 Liens No materials, supplies, tools or equipment for work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest herein or in any part thereof is retained by seller or Supplier. Contractor warrants good title to all materials installed or incorporated in the work by Contractor or any subcontractor and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him or her, to City free from any claim, liens, or charges. Contractor further agrees that neither he nor any person, firm, or corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by this contract shall have any right to lien upon the premises or any improvement or appurtenance thereon. Nothing contained in this article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hands of City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material. 3.5 Manufacturer's Recommendations Where the manufacturer of any material or equipment provides written recommendations or instructions for its use or method of installation (including labels, tags, manuals or trade literature), such recommendations or instructions shall be complied with, except where the contract documents specifically requires deviations. 3.6 Certificates of Compliance The Director or her /his Designee may require certificates of compliance with the specifications for materials or manufactured items produced outside of the job site. Such certificates will not relieve Contractor from the requirements of providing materials and manufactured items complying with the specifications even though they have been incorporated into the job. 4. Maintenance Schedule and Commencement of Work 4.1 Proposed Maintenance Schedule (a) After notification of award and prior to the start of any work, Contractor shall submit to the Director or her /his Designee for approval the proposed maintenance schedule. The maintenance schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the chronological relationship of all activities of the project, including, but not limited to, estimated scheduling dates of various activities, procurement of materials and scheduling of equipment. The maintenance schedule shall reflect completion of all work under the contract within the specified time and in accordance with these specifications. (b) If Contractor desires to make a major change in its method of operation after commencing maintenance, or if schedules fail to reflect the actual progress, it shall submit to City a revised maintenance schedule in advance of beginning revised operations. (c) Full compensation for providing a maintenance schedule shall be considered as included in the unit prices paid for the various items of tree maintenance and no separate payment will be made therefore. 4.2 Beginninj of Work (a) The delivery to City, for execution and approval of the contract documents properly executed on behalf of Contractor and surety, shall constitute Contractor's authority to enter upon the site of the work and to begin operations, subject to its assumption of the risk of the disapproval of the contract, as herein provided, and subject also to the following: (1) Contractor shall have received a receipt in writing for the properly executed contract documents, including bonds and certificates of insurance. (2) City may, for any reason, order Contractor not to enter upon the site of the work, which order shall nullify the authority of Contractor to enter upon the site prior to receipt of the Notice to Proceed. (3) Notice in writing of Contractor's intention to start work prior to approval, specifying the date on which he intends to start, shall be given to the Director or her /his Designee or her /his Designee at least 24 hours in advance. (4) Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these general conditions /specifications and the special conditions. (5) All work done according to the contract prior to its approval will, when the contract is approved, be considered authorized work and will be paid for as provided in the contract. (b) Entry upon the site without authority will be treated as trespassing. (c) Should Contractor begin work in advance of receiving notice that the contract has been approved as provided above, any work performed by him in advance of the said date of approval shall be considered as having been done by him at his own risk and as a volunteer unless said contract is so approved. (d) Contractor may start work at any time after the Notice to Proceed is issued, but work shall begin within the number of days indicated on the Bid Proposal after the starting date for the contract, or at such other times as may be indicated in the special conditions. hvc ,Maintcnnrn_: 5p_Jal llrovkiuu, Pa -oc 6 ol, _'U (e) If required by the special conditions, Contractor shall start maintenance operations on that part of the project designated by the Director or her /his Designee or her /his Designee. (f) The work shall be conducted in such a manner and with sufficient materials, equipment, and labor to insure its completion in accordance with the specifications within the time set forth in the contract. 4.3 Starting of Contract Time As soon as practicable after the contract has been executed by both parties, a Notice to Proceed will be issued by City stating the starting date of the contract time. 5. Subcontractinst 5.1 Subcontractors Bound By Contract Contractor agrees to bind every subcontractor by the terms of the contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be as fully responsible to City for acts and omissions of every subcontractor and of persons either directly or indirectly employed by every such subcontractor, as he is for acts and omissions of persons directly employed by himself. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and City. 5.2 City Consent to Subcontractors City's consent to, or approval of, any subcontractor under the contract shall not in any way relieve Contractor of its obligations under the contract and no such subcontract or approval thereof shall be deemed to waive any provision of the contract between City and Contractor. 6. Contractor's Resnonsibilitie Contractor shall ascertain to its own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by City in prosecution of project to the end that Contractor may perform the contract in consideration of such other contracts, if any. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate its work with theirs. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the project. If any part of Contractor's work depends for proper execution or results upon work of any other contractor, Contractor shall inspect and promptly report to the Director or her /his Designee or her /his Designee any defects in such work that render it unsuitable for such proper execution and results. Its failure so to do shall constitute a waiver by Contractor of any claim of delay caused by events beyond Contractor's control. 7. Authority of the Director or her /his Designee or tier /his Designee 7.1 General Authority The Director or her /his Designee shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the Ilx :4lainlenan(c speool Pirniaions Pa2c 7 of 20 manner of performance and rate of progress of the work, and shall decide all questions which may arise as to the interpretation of the drawings and specifications, and all questions as to the acceptable fulfillment of the contract on the part of Contractor, and as to compensation. His /her decisions shall be final and it shall have authority to enforce and make effective such decisions and orders. 7.2 Inspection (a) The Director or her /his Designee shall have full access to all operations involving work under the contract and shall be provided reasonable advance notice of the time and place of operations which he desires to observe. (b) All work shall be under observation of the Director or her /his Designee. He /she shall have free access to any or all parts of work at any time. Contractor shall furnish the Director or her /his Designee reasonable facilities for obtaining such information as may be necessary to keep him /her fully informed respecting progress and manner of work and character or materials. Inspection of work shall not relieve Contractor from any obligation under the contract. The Director or her /his Designee shall have authority to stop work whenever provisions of Contract Documents are not being complied with and Contractor shall instruct its employees and any subcontractors accordingly. 7.3 Disputes Pertaining to o Payment for Work Should any dispute arise respecting the true value of any work done, of any work omitted, or any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this contract, such dispute shall be decided by the Director or her /his Designee. 7.4 Traffic Requirements (a) Street Closures, Detours, and Barricades (1) All costs involved in complying with the following requirements for street closures, detours and barricades shall be borne for by Contractor. (2) Contractor shall submit a traffic control plan to the Community Services Director or her /his Designee at least five (5) working days before closing or partially closing any street. The traffic control plan must be approved prior to setting any traffic control or street closures or partial closures. (3) After approval, Contractor shall notify the following agencies, at least forty-eight (48) hours in advance of the closing, partial closing, or opening of any street or alley: Director of Recreation and Parks or her/his Designee: (310) 524 -2707 Police Department: (310) 524 -2200 Fire Department: (310) 524 -2734 (4) Contractor shall install, maintain, and remove all temporary barricades, lights, warning signs, and other facilities necessary to control traffic as specified in the Manual of Warning Signs, Lights & Devices for Use in Performance of Work Upon Highways, which is compiled in accordance with section 21400 of the California Vehicle Code. Materials for a temporary facility may be provided from new or used materials. If used materials are provided, they shall be sound, in good condition, and otherwise meet the requirements of new materials. (Veh. Code § 21400.) Trey )VIainf"nanc': spc ial 111,1 %Lions 11ilgc S.1i 20 (5) If at any time any portion of the street is obstructed to traffic, Contractor shall post "No Parking Anytime" signs as shown on the traffic control plan 48 hours in advance of the work with the day, date and time of work. Signs shall be approved in advance of installation by the Director or her /his Designee. (6) In addition to the lane width specified in subparagraph (b) below, Contractor shall maintain a minimum clearance of three (3) feet to excavations and a minimum of two (2) feet to curbs and other obstructions. When traffic patterns required by the work are such that opposing lanes of traffic must cross the existing centerline, Contractor shall separate the opposing lanes at intervals, not to exceed fifty (50) feet, or as directed by the Community Services Director or her/his Designee. (b) Minimum Requirements for Maintaining Traffic Flow: Traffic in both directions shall be maintained on all side streets at all times. Minimum ten (10') foot lanes shall be used. (c) Full compensation for providing a traffic control shall be considered as included in the unit prices paid for the various items of tree maintenance and no separate payment will be made therefore. 7.5 Deductions for Uncorrected W, If City deems it inexpedient to correct work not performed in accordance with the contract, an equitable deduction from contract price shall be made therefore. 7.6 Certificate as to Compliance With Certain Regulations Contractor shall file with Director or her /his Designee, prior to the release of the work, a certificate in form substantially as follows: I (We) hereby certify that all work has been performed and materials supplied in accordance with the specifications and Contract Documents for the above work and that: (a) No less than the prevailing rates of per diem wages as ascertained by the Director or her /his Designee of Industrial Relations has been paid to workers employed on this work and a copy of said rates has been posted and maintained at the work site at all times during the course of the work; (b) There have been no unauthorized substitutions of subcontractors; nor have any unauthorized subcontracts been entered into; (c) No subcontract was assigned or transferred or performed by anyone other than the original subcontractor, except as provided in the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100, et §N. (d) All claims for materials and labor and other services performed in connection with the Contract Documents have been paid. 8. Assignment of Rights 8.1 Assignment to City In entering into this maintenance contract or a subcontract to supply goods, services, or materials, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the maintenance contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 8.2 Agreement to Assi In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commending with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Gov. Code § 4552.) 9. Prohibited Interests No official, employee, or agent of City, nor any member of his or her immediate family, shall have any direct or indirect interest in the contract. 10. Pruning Standards And Specifications (a) All work shall conform to the 1988 Pruning Standards of the Western Chapter ISA and the American National Standards Institute A300 -1995 Standards for Tree Maintenance. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. (b) Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. (c) Contractor shall provide and post "No Parking" signs 48 hours in advance of the work. (d) Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. (e) Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA). (f) No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on the trees shall be removed at ground level. hcc :1laimcnancc Shcclal III-,)\ i�iom Ya c M of 20 (g) Final pruning cuts shall be made to the Branch Bark Collar to promote fast callous growth. (h) Unless otherwise provided, trees are to be trimmed block by block, subject to the instructions of the Recreation and Parks Director or her/his Designee or his/her authorized representative. (i) Contractor shall maintain at least one (1) Bilingual (English & Spanish) speaking foreman, on -site, at all times. 0) When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. (k) Topping of trees shall not be allowed. 10.1 Annual Tree Trimming (a) Trees shall be trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and ten a half (10.5) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights for illumination. (b) The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, '/2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. 10.2 Full Trim Based on Service or Special Requests (a) For tree trimming performed on a special request basis. The Contractor will be given specific locations for trimming in writing by the Inspector prior to any work being performed. (b) Trees designated for trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and ten and a half (10.5) feet over walkways. Trees may also be trimmed to remove any obstruction around traffic control devices, traffic signs, streetlights, mailboxes and utility lines. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. (c) The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, %2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. 10.3 Palm Tree Trimming Standard trim; remove all dead and live fronds so that the remaining healthy fronds are existing at an upward 30 degree angle in relation to a horizontal plane at the head of the palm tree. 11. Tree Removals Tree removal is an integral part in the maintenance of the community forest. Therefore, tree maintenance, including removal and planting, should fall under a category called "Maintenance or Service" and not be considered a "new" construction contract. This project is considered Landscape Maintenance. 11.1 Removal Removal shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1- 800 - 422 -4133 for the locating of underground utilities prior to stumping operations. 11.2 Loading And Transporting Of Tree Parts All tree parts are to be loaded into transport vehicles. The vehicles must have the front and sides solid and the top and rear will be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be tarped and hauled to the disposal site during the workday. 11.3 Removal Of Stumps And Surface Roots All tree stumps must be removed to at least 24 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of 1 % feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. 11.4 Disposal Of Tree Parts All healthy tree wood is the property of the Contractor and shall be disposed of away from the site area (No wood shall be left along public right -of -way unless permitted by the City.) 12. Tree Planting I* rcc :NI;unirnau,�e Sp;;.ial 11ro� i,ioii e 12 of 'll 12.1 Schedule of Work The maintenance phase shall begin as soon as each tree has been planted and run for a period of 90 days from the date the tree is planted. The primary focus of the watering schedule shall be between the months of May through September of each year. 12.2 Method of Performing_ Work (a) Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged. (b) Protect adjacent walls, sidewalks and utilities from damage or staining by the soil. Use '' /s" plywood and/or plastic sheeting to cover existing concrete, metal, and masonry work and other items as directed during the progress of the work. Any damage to the paving or architectural work caused by the Contractor shall be repaired at the expense of the Contractor. (c) Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass- covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete. (d) Backfill material should be no more than 10% commercial soil amendment mixed with the native soil. Placed fertilizer tablets in the comers of the bottom of the hole. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put into the hole. Soils shall not be compacted by tamping it down by foot. (e) Trees that are planted in parkways shall have a 4" -6" high water retention basin built around the tree capable of holding at least 10 gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice. (f) All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size of lodge poles shall be 8 -foot long, with a 1 % -inch diameter. Tree ties shall be placed at 1/3 and 2/3 of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately 24 " -30" below grade. (g) Arbor- Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting. (h) In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve inches (12 ") in depth and twelve feet (12') in length and placed in a linear fashion surrounding the tree's root system. Root barriers shall be included in the unit price of the trees next to the sidewalk edge. The top edge of all root barriers must be visible '12 inch above finish soil grade. (i) Tree spacing will be at a minimum distance of 30 feet to a maximum of 45 feet as determined by the City Arborist. 0) Plant 10 feet minimum from edge of approach. (k) Plant 10 feet minimum from street light standards, power lines and fire hydrants. (1) Plant 5 feet from house walks and utility meters. (m) Center the tree between the side walk and curb. (n) Where there is no parkway, plant tree in the center of the public right -of- way edge areas as directed by arborist. (o) Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day. 12.3 Tree Planting Maintenance Program Maintenance period shall begin as soon as each individual tree has been planted. Maintenance activities shall consist of periodic watering depending on weather conditions, or the needs of the individual tree. Maintenance of young trees during the maintenance period shall also include, but not be limited re- conditioning the water retention basin built around the tree, staking or re- staking, adjusting tree ties and Arbor - Guards for a period of ninety (90) days. 12.4 Nursery Stock All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1 -1996 Standards. Trees shall be free from pests, disease and structural defects. 13. Integrated Pest Management Practices In addition to those services the Contractor shall incorporate Integrated Pest Management Practices. With respect to the use only herbicide, pesticides and fungicides, etc. the Contractor shall: (a) Only use the above materials as a last resource to control any form of infestation within the scope of services in this contract. (b) The contractor shall request in writing the use of any and all herbicide, pesticide, fungicides, etc. and shall only proceed with the use with written authorization from the City. (c) The Contractor shall notice adjacent properties 48 hours prior to the use of any of the above materials using City approved forms and posting materials. 14. Emenzencv /(fin Call Work (a) The Contractor shall be required to provide emergency / on call response to hanging limbs, wind damaged or down trees. This may be at night or during storm conditions. The Contractor will be given specific locations and the work to be done at each location via telephone call from a City authorized representative. The Contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the City Representative upon completion of the work specified. (b) The Contractor is required to provide a minimum of two (2) 24 -hour emergency contact names and phone numbers prior to the commencement of work. Should the phone numbers or contact persons change during the course of the contract those changes must be provided to the City. (c) The Contractor shall be required to provide all traffic control required during his emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company. (d) Work performed under the emergency provision of this contract shall be paid for on a per crew hour basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for doing the emergency work. 15. Clean Up (a) Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. (b) Each day's scheduled work shall be completed and cleaned up and under no Contractor's equipment may be stored overnight, with advance approval, in the City yards, however the City will not be responsible for security of Contractor's equipment. (c) Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. (d) The Director or her/his Designee shall be the sole judge as to the adequacy of the clean up. (e) Full compensation for providing clean up shall be considered as included in the unit prices paid for the various items of tree maintenance and no separate payment will be made therefore. 16. Compensation 16.1 Compensation for Tree Trimming All tree trimming shall include all labor, services, materials and equipment, traffic control, clean up and disposal of green waste for the routine maintenance of any tree to be free \laiutenancc Sh.L:ial Prod >i+m, Pt--c 15 of 20 trimmed either under the annual maintenance, special request, or palm trees in accordance with these specifications. Measurement and Payment for "Annual Tree Trimming' and "Full Trim Based on Service or Special Request" shall be paid by the dbh, as verified in the field, per tree. Measurement and Payment for Palm Tree Trimming shall be paid by the species per tree. 16.2 Compensation for Tree Removals All tree and stump removals shall include all labor, services, materials and equipment, traffic control, clean up and disposal of green waste for complete removal in accordance with these specifications. Measurement and Payment for "Tree Removals" shall be paid by the dbh inch for trees and per diameter inch for stumps only, as verified in the field. 16.3 Compensation for Tree Planting All tree plantings shall include all labor, services, materials and equipment, traffic control, clean up and disposal of green waste for complete and maintenance for ninety (90) days of new trees in accordance with these specifications. Measurement and Payment for "Tree Planting" shall be paid by the size of the tree on a per tree basis. 16.4 Compensation for Emergency /On Call All work performed under this section shall include all labor, services, materials and equipment, traffic control, clean up and disposal of green waste for the Contractor to provide emergency / on call response to hanging limbs, wind damaged or down trees in accordance with these specifications. Measurement and Payment for Emergency /On Call shall be paid at the rates on the Bid Sheet for each instance where the City requests such services. 17. Examination Of Site Work This signed agreement will be considered prima facie evidence that the Contractor has carefully examined the site of work, the proposal and this agreement, and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and as to the requirements of this agreement. 18. Disposal Of Materials All tree branches produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. Included in the monthly billing ftcc Nhlinirnam�c sj%,Jal Pion ilium P;r.-r 16 of 10 for tree maintenance the City will receive a Green waste report detailing the amount of debris recycled and the location. This report to be used for compliance with Assembly Bill 939. Full compensation for disposal of materials shall be considered as included in the unit prices paid for the various items of tree maintenance and no separate payment will be made therefore. 19. Inspection The Director or her/his Designee or his designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the daily tree maintenance operations. Each week, the Contractor shall be required to submit a complete working schedule of all tree maintenance operations including but not limited to trimming, planting, removals, stump grinding and watering. The inspection of the work shall not relieve the Contractor of any of his obligation to fulfill the contract and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the Director or her/his Designee or his designated representative and accepted for payment. Any work found to be unacceptable will be noted in writing. Upon receipt of notice these deficiencies; the Contractor shall make a reasonable good faith effort to correct the deficiencies within 10 calendar days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or terminate the contract. 20. Notices Contractor shall provide and distribute door - hanger style noticing one week in advance of tree trimming activities. Said notice to be approved by the Director or her/his Designee in advance of distribution. Full compensation for providing notices shall be considered as included in the unit prices paid for the various items of tree maintenance and no separate payment will be made therefore. 21. Additional Services To Be Performed: May be added at a future date 21.1 Tree Inventory The Contractor will collect an entire tree inventory of the City. The data will be collected by address and include tree species, land type, diameter at breast height, crown height, botanical and common names, and any other information as directed by the City. Fier \'hil11CI1i mx 5pr'JA Provision, I';: c 17 nl 20 (a) Tree Inventory Program The Contractor will provide the City with a record keeping system consisting of a software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree & planting site location. The tree inventory software program shall be a Microsoft Access database program, which can be incorporated into the City's maintenance management tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The tree inventory program must allow for batch update of work histories by diskette. Each invoice must be accompanied by a diskette containing all work history information for that billing period. The Contractor shall provide complete computer and software support to the City for the entire term of the contract. Provide the City with recommendations for tree species, recommended planting locations, recommended removals. Attributes to be collected by field personnel may include Address, Street, Number, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size & type. Provide the City with various tree inventory reports to accommodate the City needs. The total cost shall include ownership of the software and unlimited software and computer support while under contract for maintenance services. (b) GPS Inventory Provide the City with Global Positioning System (GPS) coordinates for each tree inventoried. The address information contained in inventory can be linked directly to a Geographical Information System (GIS) program, such as ArcView. Using a handheld computer and a backpack GPS receiver, the inventory collector will identify the trees by their global coordinates of longitude and latitude, within one meter. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. At the end of the project, the City will receive a complete listing of all sites inventoried, both in hard copy and on a computer diskette, which will enable you to connect the inventory to the City's GIS program and create various frequency. (c) Tree Master Plan The Contractor will develop and provide a complete master plan of all trees living with the City of El Segundo. The plan will include a complete inventory of all the City's street trees, identifying each tree by species, height, diameter, condition, location and recommended maintenance. Included in the plan shall be 8 %" x 11" color photos of each tree with a brief description of tree growth, health and maintenance characteristics. The Contractor will also assist the City's Tree Committee during this process. (d) Reports The Contractor will produce, at no cost to the City, various reports concerning the City's tree inventory, maintenance services, planting program and/or tree policies. These reports may be produce for the City Council and/or various Commissions. The frequency of reports may be annually, semi - annually or quarterly. 22. Invoice Contractor shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to a list of each street that trimming operations took place, the address of each individual tree trimmed, the species and its current condition, height, trunk diameter and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City's Tree Inventory program. Failure to submit invoices in this format may result in non - payment until these requirements are met. 23. Withholding Payment The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons: (a) Defective or inadequate work not corrected. (b) Claims filed, or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make proper payments to subcontractors or for materials or labor, (d) A reasonable doubt that the contract can be completed for the balance unpaid. 24. Minor Modifications and/or Additional Work (a) The City may modify these specifications with the joint approval of the Contractor. All modifications shall be in writing. (b) In the event that the City of El Segundo should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price. (c) Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal. (d) The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner. (e) The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within ninety (90) minutes of receipt of the call. lice N'hill ilam'- Spy, i 11 hovimol)N Page 111 of 20 25. Clarification of Special Provisions If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the Community Services Director or her/his Designee for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery. In the event that the City of E1 Segundo receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum. hec Mmillrnunce Special Provisions Nul. 20 ul 20 Finance Department, Accounting Services J. Richard Hogate, Purchasing Agent August 25, 2014 REQUEST FOR PROPOSAL # 14 -17 TREE MAINTENANCE SERVICES Dear Sir/ Madam. The City of El Segundo is requesting proposals from qualified firms for tree maintenance. This program involves on -going and regular field maintenance of all public street trees within the city limits. Tree Maintenance in the City of El Segundo is a critical service element for the City Council as well as all residents. The City has a Master Tree Policy that needs to be followed and the Park Superintendent who is a Certified Arborist will supervise the work. Contractors must submit an original plus, 3 copies of this proposal by: No later than 11:00 A.M., Wednesday, September 17, 2014 City of El Segundo - City Clerk's Office 350 Main Street, Room 5 El Segundo, CA 90245 -3813 Facsimile submissions will not be accepted. This project requires payment of State prevailing rates of wages for Los Angeles County. The contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703 -4774. The website for this agency is currently located at www.dir.ca.gov. City of El Segundo Request for Proposal #14-17 Tree Maintenance Services I. GENERAL INFORMATION The City of El Segundo is soliciting Request for Proposals from qualified firms to provide annual services for maintenance, removal and replacement of trees, as needed, within the City's Community Forest. The City has approximately 4,000 street and park trees that comprise its Public Community Forest. The purpose of this contract is to provide the City of El Segundo with the best possible tree care to maintain the City's Community Forest at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected firm will work closely with the City Arborist and other City staff to insure the most appropriate care and maintenance of the City's Community trees with sensitivity to the City of El Segundo, its residents and visitors. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm. The City reserves the right to further negotiate the terms and conditions of the contract. The City must preserve the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest bidder. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the Community. II SELECTION PROCESS The process will adhere to the current City of El Segundo policies for the award of contracts. Each RFP response will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All applicants will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to the following: A. Quality and Completeness of Proposal 1. Relevance & Conciseness of RFP Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of staff 2. Quantity and types of equipment 3. Internal training program for employees 4. Greenwaste recycling capabilities 5. Experience in the management of electronic tree inventory databases C. Reference Evaluation 1. Quantity and Quality of work previously performed 2. References: Names and Numbers provided D. Fee schedule 1. An evaluation of the firm's Fee Schedule III. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH RFP PROPOSAL Award will be made to the firm who best meets the City's requirements and who offers the most advantageous combination of low price and highest qualification for all of the criteria described in this document. All firms submitting RFP proposals must hold a valid State of California C -27 and a C -61/ D49 Contractor's License. Both Licenses must be in good standing for the previous 7 consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. RFP proposals must include OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection reports for equipment to be used throughout the term of this contract. Both of these provisions must be provided with the submission of RFP proposals. RFP proposals must include a list of all key persons that will be supervising, scheduling and/or performing the work outlined in the contract. Personnel must be qualified and trained in the tree maintenance industry. This will include the staffing of an on -site Supervisor who must be an ISA Certified Arborist and fluent in the English language. At all times during the contracted tree maintenance activities, the firm must have work crews on site that are represented by an English speaking supervisor who can carry out instructions given by proper authorities. The firm must be held liable for the faithful observance of any lawful instructions of the City, not in conflict, with the contract, which may be delivered to said party or his representatives on the work. RFP proposals must include a list of at least (3) similar separate Southern California municipal multi -year maintenance contracts which have been successfully completed in the last five (5) years. Each project must be of comparable size and scope of this contract (descriptions of these projects and contact persons must be provided with RFP submission). IV. SUBMITTALS A firm wishing to have their RFP proposals considered for this project must submit the following, as a minimum: A. A statement of the firm's qualifications applicable to this project, including the following: 1. State of California Contractors License number and expiration date, for example C -27, C61/ D49. 2. Names and qualifications and proposed duties of staff to be assigned to this contract. The firm must identify at least two (2) ISA Certified Arborist who will be responsible for providing project management for the duration of the contract as well as a full -time English speaking Site Supervisor, who is an ISA Certified Arborist, capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including certifications, specialists, and licenses. 4. Technical ability and experience similar in the scope of this project. References to include contact names and telephone numbers. 5. Statement of past project disqualification(s) and litigation. 6. Letters of Reference. E. Completed RFP Sheet C. A written description of the firm's plans to report greenwaste generated and the method for its disposal. D. A written statement describing the firm's ability to acquire and purchase trees for the City's planting program. Also describe the facility, where the trees are to be stored. V. PROJECT REQUIREMENTS It must be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor must be required to perform the following tree maintenance activities at various sites throughout the City; 1. Tree trimming. 2. Tree removal. 3. Tree planting. 4. Clean up and disposal and/or recycling of generated greenwaste. 5. Root pruning and root barrier installation. 6. Tree inventory and management when directed. 7. Small tree care. 8. Emergency on -call services. Written questions, if any, regarding the RFP must be sent in writing to the Mark Trujillo, Parks Superintendent to 150 Illinois Street El Segundo, CA 90245 or via email to mtru'ilt to a,elsegundo.ora so that they are received on or before Thursday, September 4, 2014, at 4:O0 P.M. Responses to all questions will be returned on or before September 10, 2014. Verbal questions will not be accepted. All submissions must be delivered to the City of El Segundo City Clerk's office located in Room 5 at 350 Main Street, El Segundo CA 90245 -3813, no later than 11:00 A.M. on Wednesday, September 17, 2014. Each submittal must contain an original plus three (3) copies of RFP proposals in a sealed package, addressed to the above - referenced address. EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 21, 2014 AGENDA HEADING: Consent Agenda Consideration and possible action to receive and file this report regarding the emergency repair to remove debris in the attic space of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4. (Fiscal Impact: $82,354.00) RECOMMENDED COUNCIL ACTION: (1) Receive and file this report regarding the emergency repair to remove debris in the attic space of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4. (2) Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $82,354.00 Additional Appropriation: No Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and Maintenance) ORIGINATED BY: Stephanie Katsouleas, Director of Public Works REVIEWED BY: Stephanie Katsouleas, Director of Public Works APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On May 6, 2014 City Council approved a contract to complete the attic cleaning emergency repair with Empire Building. Contract and insurance documents were finalized on June 9th and they will work only on Friday through Sunday until the project is complete. Work began on July 18 and is complete. Two change orders have been processed. Punch list items are being addressed by the contractor. Public Contracts Code § 22050 (c) requires that the City Council receive updates at every regularly scheduled meeting until the emergency repair is completed. Therefore, staff recommends that City Council receive and file this report on the status of the emergency repair to clean the attic space in City Hall. x EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 21, 2014 AGENDA HEADING: Consent Agenda Consideration and possible action to receive and file this report regarding cleaning and repairing drywall and carpet as well as restoring furniture in the north portion of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code (`SSMC ")§ 1 -7 -12 and 1 -7A -4. (Fiscal Impact: $37,000.00) RECOMMENDED COUNCIL ACTION: (1) Receive and file this report regarding cleaning and repairing drywall and carpet as well as restoring furniture in the north portion of City Hall without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code (`SSMC ")§ 1 -7 -12 and 1 -7A -4; and /;or. (2) Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $37,000 Additional Appropriation: No. Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance Fund — Repair & Maintenance Acct.) ORIGINATED BY: Stephanie Katsouleas, Director of Public Works REVIEWED BY: Stephanie Katsouleas, Director of Public Works APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On August 5, 2014 City Council approved an emergency contract with A & V Contractors, Inc. (A V) to clean and repair drywall and carpet as well as restore furniture in the north portion of City Hall (Human Resources, City Clerk's office, server room). As you may recall, damage to these areas was due to an improperly sealed drain and corresponding rain event which occurred during the City Hall roofing project. A &V began work on October 8, 2014. Demolition and construction is ongoing. Public Contracts Code § 22050(c) requires that the City Council receive updates at every regularly scheduled meeting until the emergency repair is completed. Therefore, staff also recommends that City Council receive and file this report on the status of the emergency repair to clean and repair drywall and carpet and restore furniture in the north portion of City Hall. EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a Professional Services Agreement to Environmental Engineering & Contracting, Inc. to develop and operate an Industrial User Wastewater Pretreatment program and a Fats, Oil and Grease (FOG) Control program. (Fiscal Impact: $ 90,950.00) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a Professional Services Agreement, in a form as approved by the City Attorney, with Enviromental Engineering & Contracting, Inc. in the amount of $90,950.00 to develop and operate an Industrial User Wastewater Pretreatment Program and Fats, Oil and Grease (FOG) Control program; 2. Alternatively, discuss and take other possible actions related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Amount Budgeted: $0. Additional Appropriation: Yes. $90,950.00 Account Number(s): 502- 400 - 4301 -6206 (Sewer Enterprise Fund: Contract Services) ORIGINATED BY: Lifan Xu, Principal Civil Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Directo APPROVED BY: Greg Carpenter, City Manager)�? BACKGROUND AND DISCUSSION: Pre - Treatment of Industrial Wastewater Implementation of an Industrial User Wastewater Pretreatment Program is required by the US Environmental Protection Agency (EPA) for Publicly Owned Treatment Works (POTWs) with design flows greater than five million gallons per day, as well as for those agencies discharging wastewater to the POTWs. Among others in Los Angeles County, this requirement applies to the City of Los Angeles Hyperion Treatment Plant, the Los Angeles County Sanitation District (LACSD) and ultimately the City of El Segundo. Please note that the program is specifically applicable to industrial users whose discharges contain specific waste components; it does not apply to residential and commercial wastewater discharges. The purpose of a "pre- treatment" program is to treat certain types of contaminated discharges at the source, before they enter the wastewater system as a means to ensure the health and safety of 10 the public and the environment. Regulating industrial wastewater discharges is accomplished through inspection, sampling, education and enforcement if necessary. In El Segundo, wastewater is discharged to one of two POTWs — to the Hyperion Treatment Plant for wastewater generated primarily west of Sepulveda and to LACSD for wastewater generated east of Sepulveda Blvd. LACSD implements its own pretreatment program and recovers its costs via pre- treatment fees levied on individual property tax bills. However, the City of Los Angeles does not typically offer pre - treatment program services to industrial dischargers located in other cities. Instead, it leaves the responsibility of inspection, sampling, education and enforcement to the jurisdiction in which the discharger is located. Prior to 1999, the City contracted with the Los Angeles County Department of Public Works (LAC DPW) to meet its pretreatment program requirements. However, in 1999 the pre- treatment program transitioned back to the City of El Segundo and for the last 15 years it has been implemented by City's Fire Department. The cost for inspections and permits are recovered through fees that the City charges its industrial users. El Segundo has approximately 25 dischargers subject to this regulation. This highly technical inspection, assessment and reporting work was primarily performed by the Fire Department's Environmental Safety Manager, who will be retiring shortly. Correspondingly, inspection and reporting requirements for the pretreatment program have grown more stringent under the USEPA and the Regional Water Quality Control Board regulations. In anticipation of upcoming retirement, staff explored the possibility of once again contracting out the pretreatment program with the City of Los Angeles, LACSD or LAC DPW, and only LAC DPW is willing to consider entering a contract with El Segundo. However, LAC DPW has indicated that the average length of time to apply for County assistance (the application process) is over one year. To cover the gap between now and when a contract can be fully executed with LAC DWP, staff explored retaining a private company to implement its pre- treatment program. We feel is the best current option due to 1) lack of staff with time or expertise to implement the program, 2) the complexity of regulations and requirements that must be followed, and 2) the one -year processing time needed to bring El Segundo under the County program. Part of this transition process and its associated costs include establishing additional program features that have not been implemented to date (the ramp up phase). The fee breakdown is included in the summary table on the next page. Environmental Engineering & Contracting, Inc. has satisfactorily performed similar services for other government agencies such as Santa Ana, La Habra and Orange County Sanitation District. Scopes of Services include the following: • Industrial Users Inspections • Wastewater discharge sampling on as- needed basis 0 Permits preparation and administration Regulatory reporting on as- needed basis * Update industrial inventory for regulatory purpose Education and Enforcement on as- needed basis We anticipate this program will transition to consultant services concurrently with the Environmental Program Manager's retirement next month. Annual program implementation costs will be recovered through inspection fees, but the cost to establish the program will not be recovered. However, funds are available through the Sewer Enterprise fund for the ramp up phase. Fats, Oil and Grease (FOG) Control Program The City's Sewer System Management Plan (SSMP) calls for implementation of a "Fats, Oil and Grease (FOG) Control Program" to prevent sanitary sewer overflows. This program is regulated under the State Water Resources Control Board Order (SWRCB) No.2006- 003 -DWQ, entitled "Statewide General Wastewater Discharge Requirements (WDR) for Sanitary Sewers Systems." Along with the pretreatment program, the FOG program is also currently administrated by Fire Department's Environmental Safety Manager. The SSMP recommends implementing a more comprehensive FOG Control Program to meet compliance of the SWRCB Order. Due to the nature of the work involved, the expertise required for compliance, and the Safety Manager's pending retirement, staff recommends also contracting this service to Environmental Engineering & Contracting, Inc. The firm has successfully performed similar services for other municipal agencies. The Scopes of Services include the following: Y FOG related ordinance review and recommendations for any changes necessary • FOG Control Program manual, procedure and educational material development • Inspection program implementation (approximately 200 facilities) FSE (Food Service Establishments) list and FSE equipment inventory development Annual program implementation costs will be recovered through Waste Discharge permit fees and inspection fees, but the cost to establish the program will not be recovered. However, funds are available through the Sewer Enterprise fund for the ramp up phase. Cost and Revenue Summary for the Industrial User Pretreatment Program and the FOG Control program Industrial User Not to exceed $61,950 Pretreatment Program (includes $23,950 for as- $30,000 $30,000 needed additional work) FOG Control Program $29,000 $10,000 $10,000 Total Annual Cost for Up to $90,950 (including Pretreatment and FOG $23,950 on as- needed $40,000 $40,000 basis) Based on the information above, staff recommends that City Council: 1) award a Professional Services Agreements to Environmental Engineering & Contracting, Inc. to implement the Industrial User Wastewater Pretreatment program and the Fats, Oil and Grease (FOG) Control program, and 2) authorize an appropriation from the Sewer Enterprise Fund for $90,950.00 to cover implementation costs. EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 21, 2014 AGENDA HEADING: Consent Agenda Consideration and possible action to 1) award a standard Public Works contract to C.C. Layne & Sons, Inc. for the Water Plant Carpet Removal and Replacement Project located at 400 Lomita Street in the City of El Segundo and 2) award a Professional Services Agreement to Gale /Jordan Associates for asbestos abatement monitoring services. Project No. PW 13 -21 (Fiscal Impact: $23,118.00) RECOMMENDED COUNCIL ACTION: 1. Award a standard Public Works Contract for $15,968.00, in a form approved by the City Attorney, to C.C. Layne & Sons, Inc. for the Water Plant Carpet Removal and Replacement Project. 2. Award a Professional Services Agreement for $7,150.00, in a form approved by the City Attorney, to Gale /Jordan Associates for asbestos abatement monitoring services. 3. Authorize $2,395 for construction related contingencies. 4. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $25,513 Amount Budgeted: $27,824.00 Additional Appropriation: No Account Number(s): 501- 400 - 7102 -8103 (Water Division Capital Improvement Fund) ORIGINATED BY: Floriza Rivera, Principal Civil Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Direct APPROVED BY: Greg Carpenter, City Manager 9 BACKGROUND AND DISCUSSION: The existing carpet on the upper floor of the Water Plant Facility, located at 400 Lomita Street, is in dire need of replacement. When the carpet was originally installed, it was glued to existing floor tile (which was not removed). That original tile contains asbestos fibers and must now be properly removed and discarded in compliance with AQMD requirements before the new carpet can be installed. On November 19, 2013, City Council adopted plans and specifications and authorized the project for receipt of construction bids. Bidding commenced on February 6, 2014 and, although six contractors attended the pre -bid meeting, no bids were received by the City Clerk on February 25, 2014. When no bids are received, Public Contracting Code allows cities to directly contract with any qualified contractor for the services requested without further complying with the Code. In March and April, in an effort to award the project, staff reached out to nine contractors who perform carpet replacement work. Big J Flooring was the only contractor to respond to our outreach and provide a bid for the carpet removal and replacement project. On May 20, 2014, City Council awarded a contract to Big J Flooring for $17,369. In August, Big J Flooring informed City staff that, after several months of attempting to provide contract documents, they were not able to provide all of the surety requirements needed for the project. Staff reached out to thirteen more contractors who perform carpet replacement work or environmental cleanup work in order to award the project. Two contractors responded, with C.C. Layne & Sons, Inc. (CC Layne) as the apparent lowest bidder. Contractor Item 1 Item 2 Item 3 Alternate Item Al Total C.C. Layne & Sons, Inc. $665.00 $4,435.00 $9,973.00 $895.00 $15,968.00 Air Clean Environmental $946.64 $5,774.73 $11,711.36 $1,485 $19,917.73 Staff checked the contractor's references and has confirmed that it has successfully performed similar projects. Staff has worked with CC Layne previously on past City facility repairs and is the City's current on -call carpenter. Therefore, staff recommends that City Council award a contract for the Water Plant Carpet Removal and Replacement Project to C.C. Layne & Sons, Inc. for $15,968.00. Staff also recommends approval of an approximately 15% contingency amount of $2,395 for potential change orders and unforeseen conditions. In addition, staff recommends that Council award a contract to Gale /Jordan Associates for $7,150 for asbestos abatement monitoring services to verify that all hazardous materials encountered during the project have been properly removed. A prior agreement with Gale /Jordan for the same services has since expired due to the length of time to locate a contractor, and a new agreement must be put into place. The summary of proposed construction costs are as follows: Proposed Construction Cost Original Base Bid $15,968.00 Consultant Monitoring Costs +$ 7,150.00 Contingency Amount 15% +$ 2,395.00 Total Proposed Construction Cost $25,513.00 EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding awarding a contract to Spec Construction Co., Inc. for construction at twenty -five (25) homes related to Project No. RSI 14 -16 (Group 60 of the City's Residential Sound Insulation Program) (Estimated construction costs: Not to exceed $800,663) RECOMMENDED COUNCIL ACTION: 1. Reject the bid from Patriot Contracting & Engineering as non - responsive; 2. Waive minor irregularities in the bid from Spec Construction Co., Inc.; 3. Award a contract to Spec Construction Co., Inc. for project RSI 14 -16 (Group 60); 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. Bid Log 2. Bidder's Proposal and Statements submitted by Patriot Contracting & Engineering 3. Bidder's Proposal and Statements submitted by Spec Construction Co., Inc. 4. Bid Protest from Spec Construction Co., Inc. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $12,000,000.00 Additional Appropriation: N/A Account Number(s): 116- 400 - 0060 -8960 (RSI Program Construction) PREPARED BY: James O'Neill, Program Manage REVIEWED BY: Sam Lee, Director of Planning Building Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: On September 30"', 2014 the City Clerk's office opened bids for Project RSI 14 -16 (Group 60 of the City's Residential Sound Insulation (RSI) Program). Four (4) bids were submitted, and the results are as follows: Patriot Contracting & Engineering $ 660,000.00 Spec Construction Co., Inc. $ 727,875.00 Karabuild Development, Inc. $ 738,663.00 Harry H. Joh Construction $ 890,000.00 The staff estimate for the project was calculated to be $710,160. The bid submitted by Patriot Contracting & Engineering ( "Patriot ") appears to be non - responsive for the following reasons: 1. Patriot failed to properly complete the "Designation of Subcontractors" form, by listing only 12 City names, not addresses, of subcontractors in the "Business Name and Address" column; 2. Patriot did not provide references for a subcontractor listed to perform 12% of the work, where the Contract Documents requires references to be provided for any subcontractor performing more than 10% of Work; 3. Patriot did not provide references for any project that they have completed that is similar to the Work described in the Contract Documents, and failed to provide descriptions of the projects for which they did provide references; 4. Patriot did not list a subcontractor for roofing work (for which the Section 07 30 00 of the Contract Documents requires a C -39 Specialty License) and Patriot does not have a C -39 license to self - perform related work, such as patching roofing around new roof penetrations for new mechanical systems; 5. Patriot failed to meet the submittal requirements; and 6. Patriot failed to provide the majority of submittals required. Additionally, Public Contract Code § 1103 states that to be considered responsible, the bidder must demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the public works contract. City staff is recommending the City Council reject Patriot's bid due to the bid being nonresponsive and Patriot not being a responsible bidder for the project. The discrepancies listed above are not responsive to the bidding instructions and affect City staff's ability to compare Patriot's bid to the other bids received. Furthermore, Patriot's communications with City staff have indicated a lack of understanding of the requirements of the Contract Documents that suggest Patriot has not demonstrated all of the attributes necessary to satisfactorily perform the Work required by the Contract Documents. It is important to note that City staff holds pre -bid meetings for each project to meet with prospective bidders and allow for opportunities to discuss requirements of the Contract Documents that might initially be unclear to prospective bidders, as well as encourages anyone to ask for clarification of any potentially unclear requirements by means of a pre -bid Request for Information/Interpretation (RFI). The bid submitted by Spec Construction Co., Inc. appears to be responsive with the exception of some minor irregularities. In an abundance of caution, staff recommends that the following items be identified as minor irregularities and waived by the City Council: 1. The Bidder's Bond submitted by Spec Construction Co., Inc. does not specify a dollar amount in words or figures, but rather lists "Ten Percent of the Total Amount Bid " and "10% of the Bid" The bond error can be easily remedied without giving Spec Construction Co., Inc. an economic advantage, and therefore staff recommends that the City Council waive this minor irregularity. The amount requested for the contract is $800,663 which represents the amount of the bid submitted by Spec Construction Co., Inc. ($727,875.00) and an additional 10% for contingencies. Construction is scheduled to start on March 2" d, 2015 and complete by April 24th, 2015, with Contractor Site Evaluations scheduled for November 17th — 2 1St, 2014. CITY OF EL SEGUNDO BID /RFP LOG BID NO. #RSI 14 -16 City of El Segundo Residential Sound Insulation Group 60 Date of BID Opening: Tuesday, September 30, 2014 Time of BID Opening: 9:30 A.M. Place of BID Opening: City Clerk's Office COMPANY NAMEIADDRESS Total BID Amount. 1. HJ Harry H. Joh Construction 7303 Somerset Blvd. Paramount, CA 90723 �jQ D I �i, L�u,� 2. Karabuild Development, Inc. 1737 Ventura Blv Encino CA 913116 d., #215 *-13$ b (P3 QD I 3. Patriot 22601 La Palma Avenue, suite 100 Yorba Linda, CA 92887 // ^, CDO, f,Q��O 4. Spec Construction Co., Inc. 1870 S. Carlos Ave. Ontario, CA 91761 _ 5. 6. - - 7. 8. 9. 10. Staff FORMSOMOPENLOG1 City Clerk's Office City Clerk's Office RSI, Representative City of El Segundo Residential Sound Insulation Program RSI 14 -16 (Group 60) To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 I declare, under penalty of perjury, that I have carefully examined, become familiar with, and understand all of the requirements of the Contract Documents and conditions under which the Work must be performed, including the City of El Segundo's current Municipal Code, and am fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agree to the following: To perform all Work in strict conformity with the requirements of the Contract Documents for Project Number RSI 14 -16 "Residential Sound Insulation Program — Group 60" at the followine lump sum Price: RSI ID Property Address Description Bid Price 60.01 527 West Acacia Avenue RSI Improvements $ If JA pd 60.02 609 West Oak Avenue RSI Improvements $ a 4,11 S- 60.03 745 Main Street, Unit 203 RSI Improvements $ (,� S -V p 60.04 745 Main Street, Unit 206 RSI Improvements $ j -5 60.05 745 Main Street, Unit 105 RSI Improvements 5 q D 60.06 745 Main Street, Unit 108 RSI Improvements $ .50 tp C) 60.07 214 East Maple Avenue RSI Improvements $ o (66- 60.08 737 Eucalyptus Drive, Unit 1 RSI Improvements $ 60.09 737 Eucalyptus Drive, Unit 2 RSI Improvements $' 60.10 60.11 737 Eucalyptus Drive, Unit 3 737 Eucalyptus Drive, Unit 4 RSI Improvements RSI Improvements $ Q Gi $ 60.12 737 Eucalyptus Drive, Unit 5 RSI Improvements $ 60.13 314 E. Imperial Avenue, Unit 1 RSI Improvements $ p 110 60.14 314 E. Imperial Avenue, Unit 2 RSI Improvements $ 5 u 60.15 934 Sheldon Street RSI Improvements $ 60.16 516 East Walnut Avenue RSI Improvements $ Bidding Form Appendix B -01 Addendum #2 (September 25, 2014) Bidder's Proposal and Statement k City of El Segundo Residential Sound Insulation Program RSI 14 -16 (Group 60) 60.17 935 Main Street, Unit 301 RSI Improvements $ 5 60.18 813 McCarthy Court RSI Improvements $ 3 4, qOQ 60.19 828 Lomita Street RSI Improvements $ a ! 5� 60.20 829 Maryland Street RSI Improvements $ 3► 60.21 840 Bungalow Drive RSI Improvements $ 60.22 825 Bungalow Drive RSI Improvements $ 3 S 60.23 1104 East Acacia Avenue RSI Improvements $ L4 6 3 60.24 1207 East Walnut Avenue RSI Improvements $ 3 (p, 4 `,3 60.25 1216 East Walnut Avenue RSI Improvements $ -3 '7 S (P Total Bid (Contract Sum) t ve n h u t eLvej e v�V) -e ' k )-f h U n dry_ uS (words) 71 S S. 00 (figures) In case of discrepancy between the words and figures, the words must prevail Contractor Representative: Z ej tgttat�mrc Date Name (printed or typed) Title: _ t �.( -� ; a • w'� Contractor's State License Number: Name of Firm: Se C(— C u VLA,+J .. J 1 d,A C046-11- _ _-9 l —"k- V- Address: 110-1c S. Cad o A v a . Qv,.1E- -c t o. C4 q t—► e Telephone Number: 10 q -• el K - Lib.( 1 License Expiration Date: % -31 1S Type of Entity: ❑ Sole Proprietorship ❑ Partnership 29 Corporation* ❑ Other * If Corporation, evidence of authority to sign must be attached Bidding Form Appendix B -01 Addendum #2 (September 25, 2014) Bidder's Proposal and Statement "SPECS Cnnntrurtcopn c0c, Enc October 13, 2014 City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: James O'Niell, Program Manager RE: Bid Protest: El Segundo RSI (Group 60) Bid Number: 14 -16 Dear James O'Neill, This letter shall serve as our formal protest against the bid proposal submitted by Patriot Contracting & Engineering, Inc. forthe El Segundo RSI - Group 60 (Project No. 14 -16) which bid on September 30, 2014. Spec Construction Co., Inc. is protesting the above referenced bid, in accordance with the provisions of the Public Contract Code, on the basis of Subcontractor listing, and Bid Document errors in accordance with the General Conditions and Instructions to Bidders as provided by The City of El Segundo plans and specifications: Patriot Contracting & Engineering inc.: CSLB - License #971096 (Class: A,B,C12,02,04,06,C42) 1. According to the bid specification and documents, the following has not been met: A. Section 002100 "Instructions to Bidders" (Part Z2.01, "L'; 1 &2). Bidder has notsubmitted any documentation or evidence of subcontractor responsibility nor references for sub - contracts over $10,000 as stated in this section. B. Section 002100 "Instructions to Bidders" (Part Z2.01, "R'). Bidder has notsubmitted any contracts, subcontracts, B -07, for any of the listed subcontractors or material suppliers as required, C. Section 0021 00 "instructions to Bidders" (Part 3, 3.10, A "& "B'). Bidder has not provided a reference list for any sub - contractors performing work over 10% of the contract value. D. Section 002100 "instructions to Bidders" (Part 3, 3.12, "B", #3, #7). Bidder has not listed the complete addresses to any of the listed sub- contractors as required per noted section. E. Section 00 21 00 "Instructions to Bidders" (Part 3, 3.13, 'A,B,C'). Bidders has not submitted any of the required documents. F. Section 00 21 00 "Instructions to Bidders" (Part3, 3.14, "A,B,C'). Bidders has notsubmitted any of the required documents. G. Section 00 21 00 "Instructions to Bidders" (Part3, 3.21). Bidder has notsubmitted any trade restriction Clauses per contract requirements. H. Section 0730 00 "Roofing" (Part 1, 1.03, T", #3) & (Part 1, 1.04, "B'). Bidder has not listed a licensed subcontractor for any portion of roofing. The above listed Bidder does not obtain a C -39 roofing license. Specifications require that individuals must be working under a valid and current C39 specialty license issued by the California State License Board. 187® So Carlos Ave., Ontario, CA 91761 Office: (909) 947-4601'" lFaao (909) 947-4602 M aenell: sped91779�a1e�e�n Mim C, , 1, 7 t 70$, .�: � ,. �'i, �: ,IS" �s *. �,� ��IVi. .t +, b � 14�s..i 1•; 4.F� .1,pt�- �,�,r.��'� + � .C'�.�`+l���Vm.� A r 1► Due to the violations and irregularities of Patriot Contracting & Engineering, Inc; Spec Construction Co., Inc. requests that the City of El Segundo deem Patriot Contracting & Engineering as non - responsive and ineligible for award of this contract. It is in our opinion that an award of the contract to Patriot Contracting & Engineering would violate the laws, standards, and practices applicable to competitive bidding on public works projects in the state of California. Spec Construction Co., Inc. requests under California Government Code section 5494.1 for mailed notice of all meetings of the awarding authority of this contract at which any issues pertaining to the award of the contract are on the agenda for the meeting, we would like to address the awarding authority for this contract before or during its consideration of any issues pertaining to the award of the contract, which opportunity is guaranteed by California Government Code Section 54954.3(a) Please contact the undersigned immediately if this letter is not sufficient to accomplish any of the requests or purposes stated above. If any other information is required, Spec Construction Co., Inc. will promptly comply, when notified. If we do not hear from you in writing,we will proceed on the basis that this letter is sufficient. Sincerely, Spec Constryct%n-Lo.; Inc. Josen Debd#'2rsa Vice President 1M L Ge1as Ave, Orftrio, CA 91761 Me: (909) 947 -46M N Fexa (909) 947-46M N ant spm91773@yehwacon City of El Segundo ' Residential Sound Insulation Program Section 00 2100 — Instructions to Bidders Part 1 General 1.01 By submitting its Bid to the City, Bidder represents and certifies that: A. Bidder has attended at least one (l) Pre -Bid Meeting for the Project (not Program) B. Bidder has obtained a complete set of Contract Documents, including all issued Addenda, from the City of El Segundo C. Bidder has read, taken all steps necessary to become familiar with, is familiar with, and understands all of the requirements of the Contract Documents and the conditions under which the Work will be performed, including but not limited to the City of El Segundo's current Municipal Code 1. To exemplify the Bidder's understanding of this requirement, Bidder is to place his or her signature (not initials) and date next to the page number of the Bidder's Proposal and Statement D. Bidder has carefully studied and compared the various documents comprising the Contract Documents and compared them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted E. Bidder has asked for and received clarification on any and all issues that were potentially unclear to the Bidder prior to formulating the Bid submitted to the City F. Bidder has, and will maintain in good standing, a General Building Contractor "B" license issued by the State of California Contractor's State License Board G. Bidder has met all requirements for solicitation of Subcontractors and other contracts applicable to the Work H. Bid is based upon performing all Work 1. The Bidding Documents have been executed and signed by an individual whom is duly authorized and empowered to execute such forms on Bidder's behalf Part 2 Products 2.01 Bids must include the following: A. Bidder's Proposal and Statement B. Bid Security C. Non - Collusion Affidavit D. Bidder's Statement of Past Contract Disqualifications E. Bidder's Statement on Previous Contracts Subject to EEO Clause F. Certification of Non - Segregated Facilities G. Trade Restriction Clauses to be included in all Solicitations, Contracts, Subcontracts H. Designation of Manufacturers and Suppliers 1. Buy American — Steel and manufactured products for Construction Contracts J. Bidder's Assurance of Compliance with Title 49 CFR Part 26 Relating Disadvantage Business Enterprise Participation K. Suspension and Debarment Requirements for All Contracts Over $25,000 CFR Part 29) and to (49 Section 00 21 00 5 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo ., Residential Sound Insulation Program iAAM L. Designation of Subcontractors 1. Evidence of responsibility of Subcontractors 2. References for Subcontractors whose contact values are in excess of $10,000 M. References for Bidder N. Acknowledgement of Receipt of Addenda O. All Product Submittals required by the Contract Documents P. All Informational Submittals required by the Contract Documents Q. Schedule of Values R. Copies of all of Bidder's solicitations for contracts and subcontractors, with required restriction clauses highlighted Part 3 Execution 3.01 Bidders may obtain complete sets of the Contract Documents from the City's Residential Sound Insulation Program offices for the sum stated in the Notice Inviting Sealed Bids. Contract Documents are made available for the sole purpose of obtaining Bids and governing the Work and does not confer a license or grant permission for any other use of the Contract Documents 3.02 Project /Site Conditions A. Bidders may request access to a Home to inspect its condition prior to Bid, but must make such request in writing to the City at least fourteen (14) days prior to Bid Deadline B. Bidders must not visit any Home included in the Project, or visit any Home that has been previously treated by the City's RSI Program, for the purpose of inspecting conditions that may impact its Bid, or Work previous accepted by the City. Bidders agree that contacting Property Owners, Tenants, and /or Occupants of such properties may be grounds for the rejection of Bids from such violators. 3.03 Pre -Bid Meeting(s) A. The City will conduct a Pre -Bid Meeting at the time and place identified in the Notice Inviting Sealed Bids for the Project at which time and place a City representative will discuss the Contract Documents, answer questions, and accept comments 3.04 Interpretation or Correction of Contract Documents A. Although it is believed that information necessary to understand and price the Work required of the Project has been included in the Contract Documents, the City has not determined the accuracy or completeness of such information and all such information is made available without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. B. Bidders must carefully study and compare each of the Contract Documents and promptly report in writing to the City any errors, inconsistencies, ambiguities or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. Section 00 21 00 6 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program C. Should errors, omissions or discrepancies exist which indicate conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to complete Work for the use and in the manner which is intended. In the event of increasing Work, the costs of such changes must be agreed upon between the City and the Contractor prior to the performance of additional work. In the event of decreasing work, the costs of such changes will be determined by the Schedule of Values. D. City will provide all clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda only. Bidder must not base a Bid upon any information which is not part of the Contract Documents and /or Addenda. 3.05 Bidder must base its Bid upon full completion of all the Work in accordance with the requirements of the Contract Documents. 3.06 Bidder must submit its Bid on the Bidding Documents provided by the City for the Project. Bids not submitted on the City's Bidding Documents for the Project will be rejected. 3.07 Bidder's Proposal and Statement A. Bidder must not make stipulations on the Bid Form nor qualify the Bid in any manner B. All blanks on the Bidder's Proposal and Statement must be filled in legibly in ink or by typewriter. C. Bidder must identify a price for each Owner Upgrade identified in the Contract Documents, or enter "No Cost" or the equivalent to indicate no change in the Contract Sum is required to perform such Work. Failure to identify a price or the equivalent of "No Cost" will be grounds for the Bid to be considered non- responsive. D. The Bidder's Proposal and Statement must be signed and dated by a person or persons legally authorized to bind Bidder to a Contract. 3.08 Bid Security A. Bidder must submit a Bid Security with its Bid, in an amount not less than ten percent (10 %) of its Total Bid (Contract Sum), as a guarantee that Bidder will fulfill its obligation to enter into a Contract with the City in accordance with the Contract Documents. B. Bid Security must be one of the following: 1. Bid Bond a. The Surety issuing the Bid Bond must be listed in the latest published State of California, Department of Insurance list of, "Insurers Admitted to Transact Surety Insurance in This State." b. The standard printed bond form of any Surety, acceptable to the City, may be used in lieu of the sample Bid Bond included in the Contract Documents provided the security stipulations protecting the City are not in any way reduced by use of the Surety's standard printed bond form. (Check with the City before submitting) Section 00 21 00 7 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program C. If an attorney -in -fact executes the Bid Bond on behalf of the Surety, a notarized and current copy of the power of attorney is to be affixed to the Bid Bond. 2. Certified check made payable to "City of El Segundo" 3. Cashier's check made payable to "City of El Segundo" 4. Other negotiable instrument, as approved by the City 3.09 Acknowledgement of Receipt of Addenda A. Addenda will be issued only by the City and will be issued electronically (via email) to all who have purchased a complete set of Contract Documents from the City and who have provided an email address for receipt of Addenda B. Copies of Addenda will be made available for inspection at the City's Residential Sound Insulation Program offices C. The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline 1. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline D. Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid 3.10 References for a Bidder A. Bidder must submit a list of references for Bidder and any Subcontractor performing more than ten percent (10 %) of the Work I. This information will be used by the City in assessing capabilities and qualifications for performing the Work. B. Bids may be considered non- responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.11 Designation of Manufacturers and Suppliers A. Bidder must identify the manufacturers and suppliers of identified products to be installed on the Project 3.12 Designation of Subcontractors A. Bidder must identify as Subcontractors all individuals or companies that are not employees of the Bidder that will perform ANY PORTION of the Work under the Contract. B. Bidders must identify: 1. the Work activity to be performed 2. the percentage of Work to be performed 3. the name and address of the individual or company to perform such Work 4. the number of employees of the Subcontractor 5. the applicable license number as issued by the State of California 6. if the individual or company is certified as a Disadvantaged Business Enterprise by Caltrans 7. the contract value of the subcontract to be entered into if Bidder is Section 00 21 00 8 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program A 5 awarded a Contract for the Project C. Bidder must list only one (1) individual or company for each portion of Work to be performed. Bidder agrees that Bidder is fully qualified and will perform all Work for which Bidder has not identified a Subcontractor. D. Except in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City awarding the Contract setting forth the facts constituting the emergency or necessity, or as allowed by California law, Bidders must not: 1. substitute any subcontractor, 2. permit any subcontract to be voluntarily assigned or transferred, or 3. allow it to be performed by anyone other than the original subcontractor listed in the original Bid 3.13 Evidence of responsibility of Subcontractors A. Bidder is to submit references for any Subcontractor performing more than ten percent (10 %) of the Work B. This information will be used by the City in assessing capabilities and qualifications for performing the Work. C. Bids may be considered non- responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.14 References for Subcontractors whose contact values are in excess of $10,000 A. Bidder is to submit references for any Subcontractor performing more than ten percent (10 %) of the Work B. This information will be used by the City in assessing capabilities and qualifications for performing the Work. C. Bids may be considered non - responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.15 Non - Collusion Affidavit A. Bidder must complete, sign and furnish the "Non- Collusion Affidavit" with Bid 3.16 Bidder's Statement on Previous Contracts Subject to EEO Clause A. Bidder must complete, sign and furnish the "Bidder's Statement on Previous Contracts Subject to EEO Clause" with the Bid. 3.17 Certification of Non - Segregated Facilities A. Bidder must complete, sign and furnish the "Certification of Nonsegregated Facilities" with the Bid. 3.18 Bidder's Assurance of Compliance with Title 49 CFR Part 26 Relating to Disadvantage Business Enterprise Participation A. Bidder must complete, sign and furnish the "Assurance of Disadvantaged Business Enterprise Participation" with the Bid. Section 00 21 00 9 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program r , 3.19 Suspension and Debarment Requirements for All Contracts Over $25,0000 (49 CFR Part 29) 3.20 Bidder's Statement of Past Contract Disqualifications A. Bidder must fill out the "Bidders Statement of Past Contract Disqualifications" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. B. Bidder must explain the circumstances of each disqualification. C. The City may reject the bid based on such information. 3.21 Trade Restriction Clauses to be included in all Solicitations, Contracts, and Subcontracts 3.22 Buy American — Steel and manufactured products for Construction Contracts 3.23 Delivery of Bids A. Bidder must deliver its Bid, and is solely responsible for the timely delivery of its Bid, to the City Clerk's office prior to date and time identified in the Notice Inviting Sealed Bids for the Project. Bids received after that time will be returned to Bidder unopened B. Bidder must submit its Bid in a sealed, opaque enveloped labeled with the following: 1. "SEALED BID ENCLOSED" 2. The Project identification number (e.g. RSI 09 -07) 3. The Project Name (e.g. "Residential Sound Insulation Program — Group 7) 4. Bidder's name and mailing address C. Only written, sealed bids will be accepted. D. Electronic, oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted. E. If the Bid is sent by mail, Bidder must not utilize the mailing envelope as the sealed, opaque envelope described above. The sealed, opaque envelope described above must be contained within the mailing envelope in a manner to help prevent the accidental opening of the Bid prior to the Bid Opening, 3.24 Modification or Withdrawal of Bid A. Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. B. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. C. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted D. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Addenda 3.25 Opening of Bids Section 00 2100 10 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program Section 07 30 00 — Roofing Part 1 General 1.01 Summary A. Work covered by this Section includes, without limitation, furnishing all labor, materials, equipment and services to: 1. Properly install all specified: a. Roof vents 2. Properly patch roofing around: a. New roof penetrations (i.e. room vents, NVAC fresh air intakes, etc) 3. Obtain written acceptance from the City's Building Safety division (in the form of a signed building permit, or portion of a combination permit) of all cast -in -place concrete Work B. Related Technical Sections (Divisions 2 — 28) 1. Section 06 20 00 C. Related Standard Details 1.02 References A. General References are found in Section 01 42 00 B. Additional references (specific to this Section) include, but without limitation: I. Manufacturer contact information (products are not pre - approved, and the City does not guarantee, nor imply, that products from listed manufacturers will be approved by listing such contact information): 2. Supplier contact information (The City does not suggest, recommend, nor imply that products be ordered from listed suppliers by listing such contact information): 1.03 Submittals A. Contractor must prepare and submit a Product Submittal for each product related to Work covered by this Section, including without limitation: 1. Black paper 2. Vent collars or sleeves 3. Asphalt shinges 4. New roof vents B. Contractor must ensure that each Product Submittal meets the requirements of Section 01 33 00 and includes, without limitation: 1. Complete installation instructions and procedures from the manufacturer 2. Complete warranty information, with warranty contact information and warranty period highlighted C. Contractor must provide samples for the following products: 1. asphalt shingles (a manufacturer sample selection chart, or similar, showing colors and types available must be provided) D. Contractor must prepare and submit an Informational Submittal for each installer that documents: 1. similar work performed in the past seven (7) years Section 07 30 00 215 Last Modified: June 26, 2014 Roofing 2015 Edition City of El Segundo Residential Sound Insulation 2. any related training completed 3, a copy of the C39 Specialty License under which they will perform Work 1.04 Quality ASSUrance A. General Quality Assurance requirements are found in Section 01 43 00 B. Contractor must ensure that rooting Work is only performed by individuals working under a valid and current C39 Specialty License issued by the California State License Board 1.05 Delivery, Storage & Handling A. Contractor must deliver products in original, unopened packaging with manufacturer's labels intact and legible B. Contractor must store all materials: 1. so that they are protected from the elements 2. stacked, or racked, so that they are stored in a true plane 3. in a manner that allows for air circulation within and around the stacks 4. in a manner that prevents products and materials from warping 1.06 Warranty A. Contractor must guarantee all Work covered by this Section for a minimum of one (1) year from the date specified in the City's Notice of Completion Part 2 Products 2.01 Fasteners used for the assembly of the secondary roof structure must be hot - dipped galvanized of the type and size specified in the drawings. Smooth faced hammers or mechanical nail guns must be used to drive galvanized nails. 2.02 Building Paper: Fully waterproof Kraft paper conforming to FS UU- B0790, Type 1, Grade B (moderate water vapor resistance). 2.03 Plywood Roof Sheathing: New roof sheathing must be 1/2" exterior grade plywood (or required thickness to match adjacent sheathing) fastened with 6d corrosion resistant nails spaced at 6" on center at panel edges and 12" on center at intermediate supports. 2.04 Built -Up Roofing System (less than 2:12 roof slope): The new roofing will be a minimum 20 -year multi -ply bituminous built -up membrane system that has a light- colored 90 pound mineral surfaced cap sheet. The roofing membrane system must have a UL Directory Class B rating. 2.05 Composition Roofing System (minimum 2:12 roof slope): The new roofing will be a minimum 20 -year fiberglass -based asphalt shingle that comply with ASTM E108 Class AD 31613018, 'Type 1D228, and carry UL labels: UL 790 Class A Fire Resistance and UL 997 Wind Resistance. 2.06 The color and style must match existing unless a different color or style is required by the Contract Documents or otherwise directed by the City in writing Section 07 30 00 Roofing 216 Last Modified: June 26, 2014 2015 Edition EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding awarding a contract to Spec Construction Co., Inc. for construction at forty -two (42) homes related to Project No. RSI 14 -18 (Group 61 of the City's Residential Sound Insulation Program) (Estimated construction costs: Not to exceed $823,860) RECOMMENDED COUNCIL ACTION: 1. Reject the bid from Patriot Contracting & Engineering as non - responsive 2. Waive minor irregularities in the bid from Spec Construction Co., Inc. 3. Award a contract to Spec Construction Co., Inc. for project RSI 14 -18 (Group 61); 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. Bid Log 2. Bidder's Proposal and Statements submitted by Spec Construction Co., Inc. 3. Bid Protest from Spec Construction Co., Inc. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $12,000,000.00 Additional Appropriation: N/A Account Number(s): 116- 400 - 0060 -8961 (RSI Program Construction) PREPARED BY: James O'Neill, Program Manag a REVIEWED BY: Sam Lee, Director of Planning a Building Safet} APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: On September 30th, 2014 the City Clerk's office opened bids for Project RSI 14 -18 (Group 61 of the City's Residential Sound Insulation (RSI) Program). Four (4) bids were submitted, and the results are as follows: Patriot Contracting & Engineering $ 684,400.00 Spec Construction Co., Inc. $ 748,964.00 Karabuild Development, Inc. $ 787,269.00 Harry H. Joh Construction $1,004,000.00 The staff estimate for the project was calculated to be $836,309. The bid submitted by Patriot Contracting & Engineering appears to be non - responsive for at least the following reasons: 1. Patriot failed to properly complete the "Designation of Subcontractors" form, by listing only City names, not addresses, of subcontractors in the "Business Name and Address" column; 13 2. Patriot did not provide references for a subcontractor listed to perform 12% of the work, where the Contract Documents requires references to be provided for any subcontractor performing more than 10% of Work; 3. Patriot did not provide references for any project that they have completed that is similar to the Work described in the Contract Documents, and failed to provide descriptions of the projects for which they did provide references; 4. Patriot did not list a subcontractor for roofing work (for which the Section 07 30 00 of the Contract Documents requires a C -39 Specialty License) and Patriot does not have a C -39 license to self - perform related work, such as patching roofing around new roof penetrations for new mechanical systems; 5. Patriot failed to meet the submittal requirements for submittals provided; and 6. Patriot failed to provide the majority of submittals required Additionally, Public Contract Code § 1103 states that to be considered responsible, the bidder must demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the public works contract. City staff is recommending the City Council reject Patriot's bid due to the bid being nonresponsive and Patriot not being a responsible bidder for the project. The discrepancies listed above are not responsive to the bidding instructions and affect City staff's ability to compare Patriot's bid to the other bids received. Furthermore, Patriot's communications with City staff have indicated a lack of understanding of the requirements of the Contract Documents that suggest Patriot has not demonstrated all of the attributes necessary to satisfactorily perform the Work required by the Contract Documents. It is important to note that City staff holds pre -bid meetings for each project to meet with prospective bidders and allow for opportunities to discuss requirements of the Contract Documents that might initially be unclear to prospective bidders, as well as encourages anyone to ask for clarification of any potentially unclear requirements by means of a pre -bid Request for Information/Interpretation (RFI). The bid submitted by Spec Construction Co., Inc. appears to be responsive with the exception of some minor irregularities. In an abundance of caution, staff recommends that the following items be identified as minor irregularities and waived by the City Council: 1. The Bidder's Bond submitted by Spec Construction Co., Inc. does not specify a dollar amount in words or figures, but rather lists "Ten Percent of the Total Amount Bid " and "10% of the Bid" The bond error can be easily remedied without giving Spec Construction Co., Inc. an economic advantage, and therefore staff recommends that the City Council waive this minor irregularity. The amount requested for the contract is $823,860 which represents the amount of the bid submitted by Spec Construction Co., Inc. ($748,964.00) and an additional 10% for contingencies. Construction is scheduled to start on March 2" d, 2015 and complete by April 17th, 2015, with Contractor Site Evaluations scheduled for November 17 th — 21St, 2014. CITY OF EL SEGUNDO BIDIRFP LOG BID NO. #RSI 14 -18 City of El Segundo Residential Sound Insulation Group 61 Date of BID Opening: Tuesday, September 30, 2014 Time of BID Opening: 10 A.M. Place of BID Opening: Citv Clerk's Office COMPANY NAMEIADDRES$ Total BID Arnotwt_ 1. HJ Harry H. Joh Construction 7303 Somerset Blvd, t �� 00 Paramount, CA 90723 i , , 0 2. Karabuild Development, Inc. 17337 Ventura Blvd., #215 Encino, CA 91316 �i 0�� U� 3. Spec Construction Co., Inc. 1870 S. Carlos Ave. �� � Ontario, CA 91761 �� s . -- 4. Patriot 22601 La Palma Avenue, Suite 100 G H oO . 0b Yorba Linda, CA 92887 r 5. 6. 7. 8. 9. 10. Staff FORM City Clerk's Office City Clerk's Office RSI, Representative City of El Segundo Residential Sound Insulation Prognun RSI 14 -18 (Group 61) To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 I declare, under penalty of perjury, that I have carefully examined, become familiar with, and understand all of the requirements of the Contract Documents and conditions under which the Work must be performed, including the City of El Segundo's current Municipal Code, and am fully informed as to all conditions and matters which can in any way affect the Work or its cost, and agree to the following: To perform all Work in strict conformity with the requirements of the Contract Documents for Project Number RSI 14 -18 "Residential Sound Insulation Program — Group 61" at the following lump sum price: RSI ID Property Address Bid Price 61.01 732 West Imperial Avenue, Unit 1 $ 19,413.00 61.02 732 West Imperial Avenue, Unit 2 $ 17,516.00 61.03 732 West Imperial Avenue, Unit 3 $ 17,286.00 61.04 732 West Imperial Avenue, Unit 4 $ 17,516.00 61.05 732 West Imperial Avenue, Unit 5 $ 17,516.00 61.06 732 West Imperial Avenue, Unit 6 $ 17,286.00 61.07 732 West Imperial Avenue, Unit 7 $ 17,516.00 61.08 732 West Imperial Avenue, Unit 8 $ 17,516.00 61.09 732 West Imperial Avenue, Unit 9 $ 17,286.00 61.10 732 West Imperial Avenue, Unit 10 $ 17,516.00 61.11 732 West Imperial Avenue, Unit 11 $ 17,286.00 61.12 732 West Imperial Avenue, Unit 12 $ 17,516.00 61.13 732 West Imperial Avenue, Unit 13 $ 17,343.00 61.14 732 West Imperial Avenue, Unit 14 $ 16,251.00 61.15 732 West Imperial Avenue, Unit 15 $ 21,541.00 61.16 732 West Imperial Avenue, Unit 16 $19,528.00 1 Bidding Form Appendix B -01 Last Modified: August 14, 2014 Bidder's Proposal and Statement City of El Segundo Residential Sound Insulation Program .` RSI 14 -18 (Group 61) 61.17 732 West Imperial Avenue, Unit 17 $ 17,516.00 61.18 732 West Imperial Avenue, Unit 18 $ 17,516.00 61.19 732 West Imperial Avenue, Unit 19 $ 17,516.00 61.20 732 West Imperial Avenue, Unit 20 $ 17,516.00 61.21 732 West Imperial Avenue, Unit 21 $ 17,516.00 61.22 732 West Imperial Avenue, Unit 22 $ 17,286.00 61.23 732 West Imperial Avenue, Unit 23 $ 17,516.00 61.24 732 West Imperial Avenue, Unit 24 $ 17,516.00 61.25 732 West Imperial Avenue, Unit 25 $ 17,516.00 61.26 732 West Imperial Avenue, Unit 26 $ 17,516.00 61.27 732 West Imperial Avenue, Unit 27 $ 17,516.00 61.28 732 West Imperial Avenue, Unit 28 $ 16,423.00 61.29 732 West Imperial Avenue, Unit 29 $ 16,711.00 61.30 732 West Imperial Avenue, Unit 30 $ 16,423.00 61.31 732 West Imperial Avenue, Unit 31 $ 17,516.00 61.32 732 West Imperial Avenue, Unit 32 $ 17,286.00 61.33 732 West Imperial Avenue, Unit 33 $ 17,516.00 61.34 732 West Imperial Avenue, Unit 34 $ 17,286.00 61.35 732 West Imperial Avenue, Unit 35 $ 17,516.00 61.36 732 West Imperial Avenue, Unit 36 $ 17,516.00 61.37 732 West Imperial Avenue, Unit 37 $ 17,286.00 61.38 732 West Imperial Avenue, Unit 38 $ 17,516.00 61.39 732 West Imperial Avenue, Unit 39 $ 17,236.00 61.40 732 West Imperial Avenue, Unit 40 $ 17,466.00 61.41 732 West Imperial Avenue, Unit 41 $ 17,466.00 61.42 732 West Imperial Avenue, Unit 42 $ 19,473.00 Existing Tile Floors $ 2,200.00 Existing Tile Surrounds $ 2,400.00 Existing Sill Damage $ 1,800.00 Bidding Form Appendix B -01 Last Modified: August 14, 2014 Bidder's Proposal and Statement City of El Segundo Residential Sound Insulation RSI 14 -18 (Group 61) Existing shelving /cabinetry in closets $ 400.00 Existing Secondary Hinged Entry Doors $ 750.00 Existing Security Bars $ 2,500.00 Total Bid (Contract Sum) Seven - Hundred & Fourty -Eight Thousand, Nine - Hundred & Sixty -Four (words) 748,964.00 (figures) In case of discrepancy between the words and figures, the wotA&mus4mvpil Contractor Representative: DeLaFosse Name (printed or typed) Title: Vice President Name of Firm: Spec Construction Co., Inc. Address: 1870 S. Carlos Ave. Ontario, CA 91761 Telephone Number: 909 - 947 -4601 09/29/2014 Date Contractor's State License Number: 419626 License Expiration Date: 08/31/2015 Type of Entity: ❑ Sole Proprietorship ❑ Partnership ❑X Corporation* ❑ Other * If Corporation, evidence of authority to sign must be attached Bidding Form Appendix B -01 Last Modified: August 14, 2014 Bidder's Proposal and Statement SPEC 00mMutt'Von Co, Hn October 13, 2014 City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: James O'Niell, Program Manager RE: Bid Protest: El Segundo RSl (Group 61) Bid Number: 14-18 Dear James O'Neill, This letter shall serve as our formal protest against the bid proposal submitted by Patriot Contracting & Engineering, Inc. for the El Segundo RS1 - Group 61 (Project No. 14 -18) which bid on September 30, 2014. Spec Construction Co., Inc. is protesting the above referenced bid, in accordance with the provisions of the Public Contract Code, on the basis of Subcontractor listing, and Bid Document errors in accordance with the General Conditions and Instructions to Bidders as provided by The City of EI Segundo plans and specifications: Patriot Contracting & Engineering inc.: CSLB - License #971096 (Class: A,B,C12,02,04,06,C42) 1. According to the bid specification and documents, the following has not been met: A. Section 0021 00 "Instructions to Bidders" (Part 2, 2.01, "L", 1 &2). Bidder has not submitted any documentation or evidence of subcontractor responsibility nor references for sub - contracts over $10,000 as stated in this section. B. Section 002100 'Instructions to Bidders" (Part 2, 2.01, "R'). Bidder has not submitted any contracts, subcontracts, B -07, for any of the listed subcontractors or material suppliers as required C. Section 002100 "Instructions to Bidders" (Part 3, 3.10, 'A "& "B'). Bidder has not provided a reference list for any sub - contractors performing work over 1096 of the contract value. D. Section 00 21 00 'instructions to Bidders" (Part 3, 3.12, "B", #3, #7), Bidder has not listed the complete addresses to any of the listed sub - contractors as required per noted section. E. Section 0021 00 'Instructions to Bidders" (Part3, 3.13, 'A,B,C'). Bidders has not submitted any of the required documents. F. Section 00 2100 'Instructions to Bidders" (Part 3, 3.14, 'A,B,C'). Bidders has not submitted any of the required documents. G. Section 00 2100 "Instructions to Bidders" (Part 3, 3.21). Bidder has not submitted any trade restriction Clauses per contract requirements. H. Section 0730 00 "Roofing " (Part 1, 1.03, "D'; #3) & (Part 1, 1.04, 'B'). Bidder has not listed a licensed subcontractor for any portion of roofing. The above listed Bidder does not obtain a C -39 roofing license. Specifications require that individuals must be working under a valid and current C39 specialty license issued by the California State License Board. 1670 so Carlos Ave., Ordarl®, CA 91761 Office: 190) 947 -46®1 M Fax: (909) 947-M2 N mull: s 17734"Beooxore SPEC Constirmt6on Coo K e M liA Due to the violations and irregularities of Patriot Contracting& Engineering, Inc; Spec Construction Co., Inc. requests that the City of El Segundo deem Patriot Contracting & Engineering as non - responsive and ineligible for award of this contract. It is in our opinion that an award of the contract to patriot Contracting & Engineering would violate the laws, standards, and practices applicable to competitive bidding on public works projects in the state of California. Spec Construction Co., Inc. requests under California Government Code section 5494.1 for mailed notice of all meetings of the awarding authority of this contract at which any issues pertaining to the award of the contract are on the agenda for the meeting, we would like to address the awarding authority for this contract before or during its consideration of any issues pertaining to the award of the contract, which opportunity is guaranteed by California Government Code Section 54954.3(a) Please contact the undersigned immediately if this letter is not sufficient to accomplish any of the requests or purposes stated above. If any other information is required, Spec Construction Co,, Inc. will promptly comply, when notified. If we do not hear from you in writing, we will proceed on the basis that this letter is sufficient. Sincerely, Spec Construction Co., Inc, Jasen QeLaFosse - Vice President 1M So Carlos Ave., Ontaft, CA 98761 Office: (9091 947 -4601 N Fax: (9091 947 -66®2 M email: 9S779iVah000som City of El Segundo V, Residential Sound Insulation Program Section 00 21 00 — Instructions to Bidders Part 1 General 1.01 By submitting its Bid to the City, Bidder represents and certifies that: A. Bidder has attended at least one (I ) Pre -Bid Meeting for the Project (not Program) B. Bidder has obtained a complete set of Contract Documents, including all issued Addenda, from the City of El Segundo C. Bidder has read, taken all steps necessary to become familiar with, is familiar with, and understands all of the requirements of the Contract Documents and the conditions under which the Work will be performed, including but not limited to the City of El Segundo's current Municipal Code I . To exemplify the Bidder's understanding of this requirement, Bidder is to place his or her signature (not initials) and date next to the page number of the Bidder's Proposal and Statement D. Bidder has carefully studied and compared the various documents comprising the Contract Documents and compared them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted E. Bidder has asked for and received clarification on any and all issues that were potentially unclear to the Bidder prior to formulating the Bid submitted to the City F. Bidder has, and will maintain in good standing, a General Building Contractor "B" license issued by the State of California Contractor's State License Board G. Bidder has met all requirements for solicitation of Subcontractors and other contracts applicable to the Work H. Bid is based upon performing all Work 1. The Bidding Documents have been executed and signed by an individual whom is duly authorized and empowered to execute such forms on Bidder's behalf Part 2 Products 2.01 [lids must include the Ibllowing: A. Bidder's Proposal and Statement B. Bid Security C. Non- Collusion Affidavit D. Bidder's Statement of Past Contract Disqualifications E. Bidder's Statement on Previous Contracts Subject to EEO Clause F. Certification of Non- Segregated Facilities G. Trade Restriction Clauses to be included in all Solicitations, Contracts, and Subcontracts H. Designation of Manufacturers and Suppliers I. Buy American — Steel and manufactured products for Construction Contracts J. Bidder's Assurance of Compliance with Title 49 CFR Part 26 Relating to Disadvantage Business Enterprise Participation K. Suspension and Debarment Requirements for All Contracts Over $25,000 (49 CFR Part 29) Section 00 21 00 Instructions to Bidders W, Last Modified; June 26, 2014 2015 Edition City of El Segundo Residential Sound Insulation Program 4 1' ! Designation of Subcontractors I, Evidence ofresponsibility 01'Subcontractors 2. References Ibr Subcontractors whose contact values "Ire in excess of, 10,000 M. References for Bidder N. Acknowledgement of Receipt of Addenda O. All Product Submittals required by the Contract Documents P. All Informational Submittals required by the Contract Documents Q. Schedule of Values R. Copies of all of' Bidder's solicitations for contracts and subcontractor', ,, ith required restriction clauses highlighted Part 3 Execution 3.01 Bidders may obtain complete sets of the Contract Documents from the City's Residential Sound Insulation Program offices for the sum stated in the Notice Inviting Sealed Bids, Contract Documents are made available for the sole purpose of obtaining Bids and governing the Work and does not confer a license or grant permission for any other use of the Contract Documents 3.02 Project /Site Conditions A. Bidders may request access to a Home to inspect its condition prior to Bid, but must make such request in writing to the City at least fourteen (14) days prior to Bid Deadline B. Bidders must not visit any Home included in the Project, or visit any Home that has been previously treated by the City's RSl Program, for the purpose of inspecting conditions that may impact its Bid, or Work previous accepted by the City. Bidders agree that contacting Property Owners, 'Tenants, and /or Occupants Of such properties may be grounds for the rejection of Bids from such violators. 3.03 Pre -Bid Meeting(s) A. Tile City will conduct a Pre -Bid Meeting at the time and place identified in the Notice Inviting Sealed Bids for the Project at which time and place a City representative will discuss the Contract Documents, answer questions, and accept comments 3.04 Interpretation or Correction of Contract Documents A. Although it is believed that information necessary to understand and price the Work required of the Project has been included in the Contract Documents, the City has not determined the accuracy or completeness of such information and all such information is made available without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. B. Bidders must carefully study and compare each of the Contract Documents and promptly report in writing to the City any errors, inconsistencies, ambiguities or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. Section 00 21 00 6 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program C. Should errors, omissions or discrepancies exist which indicate conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to complete Work for the use and in the manner which is intended. In the event of increasing Work, the costs of such changes must be agreed upon between the City and the Contractor prior to the performance of additional work. In the event of decreasing work, the costs of such changes will be determined by the Schedule of Values. D. City will provide all clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda only. Bidder must not base a Bid upon any information which is not part of the Contract Documents and /or Addenda. 3.05 Bidder must base its Bid upon full completion of all the Work in accordance with the requirements of the Contract Documents. 3.06 Bidder must submit its Bid on the Bidding DUCt1111ent5 provided by the City for the Project. Bids not submitted on the City's Bidding DOCUmenls for the Project will be rejected. 3.07 Bidder's Proposal and Statement A. Bidder must not make stipulations on the Bid Form nor qualify the Bid in any manner B. All blanks on the Bidder's Proposal and Statement must be filled in legibly in ink or by typewriter. C. Bidder must identify a price for each Owner Upgrade identified in the Contract Documents, or enter "No Cost" or the equivalent to indicate no change in the Contract Sum is required to perform such Work. Failure to identify a price or the equivalent of "No Cost" will be grounds for the Bid to be considered non- responsive. D. The Bidder's Proposal and Statement must be signed and dated by a person or persons legally authorized to bind Bidder to a Contract. 3.08 Bid Security A. Bidder must submit a Bid Security with its Bid, in an amount not less than ten percent (10 %) of its Total Bid (Contract Sum), as a guarantee that Bidder will fulfill its obligation to enter into a Contract with the City in accordance with the Contract Documents. B. Bid Security must be one of the following: 1. Bid Bond a. The Surety issuing the Bid Bond must be listed in the latest published State of California, Department of Insurance list of, "Insurers Admitted to Transact Surety Insurance in This State." b. The standard printed bond form of any Surety, acceptable to the City, may be used in lieu of the sample Bid Bond included in the Contract Documents provided the security stipulations protecting the City are not in any way reduced by use of the Surety's standard printed bond form. (Check with the City before submitting) Section 00 21 00 7 bast Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of H 1 Segundo Residential Sound Insulation I C. If an attorney -in -fact executes the Bid Bond on behalf of the Surety, a notarized and current copy of the power of attorney is to be affixed to the Bid Bond. 2. Certified check made payable to "City of El Segundo" 3. Cashier's check made payable to "City of El Segundo" 4. Other negotiable instrument, as approved by the City 3.09 Acknowledgement of Receipt of Addenda A. Addenda will be issued only by the City and will be issued electronically (via email) to all who have purchased a complete set of Contract Documents from the City and who have provided an email address for receipt of Addenda B. Copies of Addenda will be made available for inspection at the City's Residential Sound Insulation Program offices C. The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline 1. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline D. Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid 3.10 References for a Bidder A. Bidder must submit a list of references for Bidder and any Subcontractor performing more than ten percent (10 %) of the Work I. This information will be used by the City in assessing capabilities and qualifications for performing the Work. B. Bids may be considered non- responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.11 Designation of Manufacturers and Suppliers A. Bidder must identify the manufacturers and suppliers of identified products to be installed on the Project 3.12 Designation of Subcontractor,- A. Bidder must identify as Subcontractors all individuals or companies that are not employees of the Bidder that will perform ANY PORTION of the Work under the Contract. B. Bidders must identify: I . the Work activity to be performed 2. the percentage of Work to be performed D. the name and address of the individual or company to perform such Work 4. the number ofemployees of the Subcontractor 5. the applicable license number as issued by the State of California 6. if the individual or company is certified as a Disadvantaged Business Enterprise by Caltrans 7. the contract value of the subcontract to be entered into if Bidder is Section 00 21 00 8 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition i City of El Segundo Residential Sound Insulation Program awarded a Contract for the Project C. Bidder must list only one (1) individual or company for each portion of Work to be performed. Bidder agrees that Bidder is fully qualified and will perform all Work for which Bidder has not identified a Subcontractor. D. Except in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City awarding the Contract setting forth the facts constituting the emergency or necessity, or as allowed by California law, Bidders must not: I . substitute any subcontractor, 2. permit any subcontract to be voluntarily assigned or transferred, or 3. allow it to be performed by anyone other than the original subcontractor listed in the original Bid 3.13 Evidence of responsibility of Subcontractors A. Bidder is to submit references for any Subcontractor performing more than ten percent (10 %) of the Work B. This information will be used b) the City in assessing capabilities and qualifications for performing the Work. C. Bids may be considered non - responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.14 References for Subcontractors whose contact values are in excess of $10,000 A. Bidder is to submit references for any Subcontractor performing more than ten percent (10 %) of the Work B. This information will be used by the City in assessing capabilities and qualifications for performing the Work. C. Bids may be considered non - responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work 3.15 Non - Collusion Affidavit A. Bidder must complete, sign and furnish the "Non- Collusion Affidavit" with Bid 3.16 Bidder's Statement on Previous Contracts Subject to EEO Clause A. Bidder must complete, sign and furnish the "Bidder's Statement on Previous Contracts Subject to EEO Clause" with the Bid. 3.17 Certification of Non - Segregated Facilities A. Bidder must complete, sign and furnish the "Certification of Nonsegregated Facilities" with the Bid. 3.18 Bidder's Assurance of Compliance with Title 49 CFR Part 26 Relating to Disadvantage Business Enterprise Participation A. Bidder must complete, sign and furnish the "Assurance of Disadvantaged Business Enterprise Participation" with the Bid. Section 00 21 00 9 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program r 3.19 Suspension and Debarment Requirements for All Contracts Over $25,0000 (49 CFR Part 29) 3.20 Bidder's Statement of Past Contract Disqualifications A. Bidder must fill out the "Bidders Statement of Past Contract Disqualifications" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. B. Bidder must explain the circumstances of each disqualification. C. The City may reject the bid based on such information. i.`` I I'rade Restriction 0311SCS to he included in all Solicitations, Contracts, and Subcontracts 3.22 Buy American — Steel and manufactured products for Construction Contracts 3.23 Delivery of Bids A. Bidder must deliver its Bid, and is solely responsible for the timely delivery of its Bid, to the City Clerk's office prior to date and time identified in the Notice Inviting Sealed Bids for the Project. Bids received after that time will be returned to Bidder unopened B. Bidder must submit its Bid in a sealed, opaque enveloped labeled with the following: 1. "SCALED BID ENCLOSED" 2. The Project identification number (e.g. RSI 09 -07) 3, The Project Name (e.g, "Residential Sound Insulation Program — Group 7) 4. Bidder's name and mailing address C. Only written, sealed bids will be accepted. D. Electronic, oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted. E. If the Bid is sent by mail, Bidder must not utilize the mailing envelope as the sealed, opaque envelope described above. The sealed, opaque envelope described above must be contained within the mailing envelope in a manner to help prevent the accidental opening of the Bid prior to the Bid Opening. 3.24 Modification or Withdrawal of Bid A. Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. B. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. C. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted D. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Addenda 3.25 Opening of Bids Section 00 21 00 10 Last Modified: June 26, 2014 Instructions to Bidders 2015 Edition City of El Segundo Residential Sound Insulation Program Section 07 30 00 — Roofing Part 1 General 1.0 l Summary A. Work covered by this Section includes, without limitation, furnishing all labor, materials. equipment and services to: I. Properly install all specified: a. Root'vents 2. Properly patch rooting around; a. New roof penetrations (i.e. rool' \ ents. I IVAC fresh air intakes. etc) 3. Obtain written acceptance from the City's Building Safety division (in the form of a signed building permit, or portion of a combination permit) of all cast -in -place concrete Work B. Related Technical Sections (Divisions 2 — 28) 1. Section 06 20 00 C. Related Standard Details 1.02 References A. General References are found in Section 01 42 00 B. Additional references (specific to this Section) include, but without limitation: I. Manufacturer contact information (products are not pre - approved, and the City does not guarantee, nor imply, that products from listed manufacturers will be approved by listing such contact information): 2. Supplier contact information ('The City does not suggest, recommend, nor imply that products be ordered from listed suppliers by listing such contact information): 1.03 Submittals A. Contractor must prepare and submit a Product Submittal for each product related to Work covered by this Section, including without limitation: 1. Black paper 2. Vent collars or sleeves 3. Asphalt shinges 4. New roof vents B. Contractor must ensure that each Product Submittal meets the requirements of Section 01 33 00 and includes, without limitation: 1. Complete installation instructions and procedures from the manufacturer 2. Complete warranty information, with warranty contact information and warranty period highlighted C. Contractor must provide samples for the following products: 1. asphalt shingles (a manufacturer sample selection chart, or similar, showing colors and types available must be provided) I). Contractor must prepare and submit an Informational Submittal Ian• each installer that documents: 1. similar work performed in the past seven (7) years Section 07 30 00 215 Last Modified: June 26, 2014 Roofing 2015 Edition City of El Segundo Residential Sound Insulation any related training completed a copy of the C39 Specialty license under which they w ill perform Work 1.04 Quality ASSUI'anee A. General Quality Assurance requirements are found in Section 01 43 00 B. Contractor must ensure that roofing Work is only performed by individuals working under a valid and current C'39 Specialty License issued by the California State license Board 1.05 Delivery, Storage & Handling A. Contractor must deliver products in original, unopened packaging with manufacturer's labels intact and legible B. Contractor must store all materials: I . so that they are protected from the elements 2. stacked, or racked, so that they are stored in a true plane 3. in a manner that allows for air circulation within and around the stacks 4. in a manner that prevents products and materials from warping 1.06 Warranty A. Contractor must guarantee all Work covered by this Section for a minirnum of one (1) year from the date specified in the City's Notice of Completion Part 2 Products 2.01 Fasteners used for the assembly of the secondary roof structure must be hot - dipped galvanized of the type and size specified in the drawings. Smooth faced hammers or mechanical nail guns must be used to drive galvanized nails. 2.02 Building Paper: Fully waterproof Kraft paper conforming to FS UU- B0790, Type 1, Grade B (moderate water vapor resistance). 2.03 Plywood Roof Sheathing: New roof sheathing must be 1/2" exterior grade plywood (or required thickness to match adjacent sheathing) fastened with 6d corrosion resistant nails spaced at 6" on center at panel edges and 12" on center at intermediate supports. 2.04 Built -Up Roofing System (less than 2:12 roof slope): The new roofing will be a minimum 20 -year multi -ply bituminous built -up membrane system that has a light- colored 90 pound mineral surfaced cap sheet. The roofing membrane system must have a UL Directory Class B rating. 2.05 Composition Roofing System (minimum 2:12 roof slope): The new roofing will be a minimum 20 -year fiberglass -based asphalt shingle that comply with ASTM E108 Class AD 31613018, 'Type 1 D228, and carry UL labels: UL 790 Class A Fire Resistance and UL 997 Wind Resistance. 2.06 The color and style must match existing unless a different color or style is required by the Contract Documents or otherwise directed by the City in writing Section 07 30 00 216 Last Modified: June 26, 2014 Roofing 2015 Edition EL SEGUNDO CITY COUNCIL MEETING DATE: October 21, 2014 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding rejecting all bids and authorizing staff to advertise a new Notice Inviting Sealed Bids for the project related to Project No. RSI 14 -19 (Group 62 of the City's Residential Sound Insulation Program) (Estimated construction costs: None at this time) RECOMMENDED COUNCIL ACTION: 1. Reject all bids; 2. Authorize City staff advertise a new Notice Inviting Sealed Bids for the project; and /or 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Bid Log 2. Bidder's Assurance of Compliance with Title 49 CFR Part 26 relating to Disadvantaged Business Enterprise Participation submitted by Harry H. Joh Construction, Inc. 3. Designation of Subcontractors form submitted by Harry H. Joh Construction 4. Designation of Manufacturers and Suppliers submitted by Harry H. Joh Construction 5. Paperwork from H.K. Electric submitted with Harry H. Joh Construction's bid 6. Designation of Manufacturers and Suppliers submitted by Patriot Contracting & Engineering (2 pages) 7. Bidder's Assurance of Compliance with Title 49 CFR Part 26 relating to Disadvantaged Business Enterprise Participation submitted by Karabuild Development, Inc. 8. Designation of Manufacturers and Suppliers submitted by Karabuild Development, Inc. (2 pages) 9. A page from Karabuild's "DBE /MBE /WBE Subcontractor Outreach Record" FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $12,000,000.00 Additional Appropriation: N/A Account Number(s): 116 - 400 - 0060 -8962 (RSI Program Construction) PREPARED BY: James O'Neill, Program Mana =e REVIEWED BY: Sam Lee, Director of Plannin uilding Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: On October 6th, 2014 the City Clerk's office opened bids for Project RSI 14 -19 (Group 62 of the City's Residential Sound Insulation (RSI) Program). Four (4) bids were submitted, and the results are as follows: Harry H. Joh Construction $ 573,576.00 Patriot Contracting & Engineering $ 622,000.00 Karabuild Development, Inc. $ 627,591.00 Big West Construction Corporation, Inc. $ 674,916.00 The bid submitted by Harry H. Joh Construction ( "Harry Joh ") appears to be non - responsive for at least the following reasons: 1. Harry Joh listed 94% Disadvantage Business Enterprise (DBE) participation, however listed "Precision Mechanical and HVAC" (whom is not a DBE company) as the subcontractor to perform "HVAC" (Heating, Ventilation and Air Conditioning) work with "11 %" as the percentage of Work to be performed 2. Harry Joh failed to identifiy the manufacturer of the latching and locking hardware on the "Designation of Manufacturers and Suppliers" form 3. Harry Joh did not identify the name of the business that would perform abatement work on the "Designation of Subcontractors" form 4. The electrical subcontractor has qualified their bid with a note that reads "All attic insulation must be cleaned prior to the removal of knob and tube," despite the Instructions to Bidders stating that "Bidder must not make stipulations on the Bid Form nor qualify the Bid in anny manner." The bid submitted by Patriot Contracting & Engineering appears to be non - responsive for at least the following reasons: 1. Patriot failed to properly complete the "Designation of Subcontractors" form, by listing only City names, not addresses, of subcontractors in the "Business Name and Address" column; 2. Patriot did not provide references for two subcontractors each listed to perform at least 10% of the work, where the Contract Documents requires references to be provided for any subcontractor performing more than 10% of Work; 3. Patriot did not provide references for any project that they have completed that is similar to the Work described in the Contract Documents, and failed to provide descriptions ofthe projects for which they did provide references; 4. Patriot did not list a subcontractor for roofing work (for which the Section 07 30 00 of the Contract Documents requires a C -39 Specialty License) and Patriot does not have a C -39 license to self - perform related work, such as patching roofing around new roof penetrations for new mechanical systems; The bid submitted by Karabuild Development, Inc. ( "Karabuild ") appears to be non - responsive for at least the following reasons: 1. Karabuild failed to list MD Insulation in the listing of subcontractors, despite attached documentation showing that they were selected as a subcontractor for their bid 2. Karabuild listed 0% Disadvantage Business Enterprise (DBE) participation, despite MD insulation being identified as a MBE (one of the subcategories of DBE) qualifying company Staff is recommending that the project be re -bid for the reasons including but not limited to those stated above. Re- bidding the project is anticipated to delay the project by approximately two months. CITY OF EL SEGUNDO BID /RFP LOG BID NO. #RSI 14 -19 City of El Segundo Residential Sound Insulation Group 62 Date of BID Opening: Time of BID Opening: Place of BID Opening: Tuesday, October 6, 2014 10:30 A.M. Cit Clerk's Office COMPANY NAME/ADDRESS Total BID Amount 1. Karabuild development, Inc. 17337 Ventura Blvd., #215 Encino, CA 91316 d °L 7t 5 �� 2. Big West Construction Corp. 15331 Normandie Irvine, Ca 92604 6 7 Lt, q 3.HJ Harry H. Joh Construction 7303 Somerset Blvd, Paramount, CA 90723 5 '"7 3 1 � r7� 1 • 4. Patriot Contracting & Engineering 22601 La Palma Ave, Suite 100 ai a Q00 Od Yorba Linda, CA 92887 5. 7 0 a 10. City Clerk's Office City Clerk's Office RSI, Representative City of El Segundo Residential Sound insulation Program RS1 t4-19 (Group 62) Bidder's Assurance of Compliance with Title 49 CFR Part 26 relating to Disadvantaged Business Enterprise Participation The Bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that Bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise participation specified for the Contract for which this proposal is submitted and that the Bidder, if the contract is awarded to Bidder, will have a DBE participation of t,J %>7eky FjuY _ percent ( q %) of the amount of this Bid, Bidder further gives assurance that Bidder will submit the documentation required by said regulations and the Contract Documents, including the Listing of Disadvantaged Business Enterprises with which the Bidder will subcontract if the Contract is awarded and if Bidder is unable to meet the contract goals for DBE participation, of the steps Bidder has taken to obtain DBE participation. Name of Firm: _ Harry H ioh Con -t nJGflon 1AG Address: 730 $W "I BNd PO MOUnt, cn 90723 � Telephone Number; �G �" — �� V Contractor Representative; i a hrG'1 ZZ) Title: c�2 z tl:.e -^ , Signature; Dated this � day of , 2014. Bidding Form Appendix B -10 Last Modified: January 23, 2014 Assurance of DBE Participation ":�7 u � c "• v 'o 0 c cr 0 0 o, 0 a v m CL X' W N d 0 CL m CL cu a � N a w N r O h N a x m 10, =a o a W ° a n '* O 3 a m o c M c a3a v,' :d S 21, A - m 3 G p � c ►-� r � m r = m M A Lri �?. d cr N m N N aq 00 00 r^ M v '^ 0 = w m > > 3 CU (D m �. < a 0 in m+ „ v m O n H Z Z a o a m a �^ .. 7 ° K rt < C o c° f0 p tm 3 L : 5+ S a m r r to kA S n Oq `at O. w p S. 00 -, Aw a V a v� m_ ° � c o 1 rF 1" F 3 ? 00 01 H, 00 (D p a V n O =p aM O m vi N F 000 C 3 H ; rr m . 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Carolan Ave. Soliding Glass Mon -Ray Burlingame, CA 94010 $ 49,800.00 Doors Section 08 32 00 N/A Primary Sliding N/A $ Glass Doors Section 08 53 00 Milgard Windows N/A Vinyl Windows 355 East St. $ 56,375.00 Simi Valley, CA 93065 Section 08 7100 Specialty Door Company Inc. Latching and 1405 N. Carolan Ave. Locking A S s Specified Burlingame, CA 94010 Included in quote Hardware Section 10 32 00 N/A Chimney N/A $ Dampers Section 10 32 00 N/A Fireplace Glass N/A $ Doors Section 22 2100 U.S. Air Conditioning Distributors Condensate Little Giant 16950 chestnut St. $ 770.00 Pumps City of Industry, CA 91748 Section 23 09 00 U.S. Air Conditioning Distributors Thermostats York 16950 chestnut St. $ 2,200.00 City of Industry, CA 91748 Section 23 34 00 Ventilators Section 23 54 00 U.S. Air Conditioning Distributors Furnaces York 16950 chestnut St. $ 19,250.00 City of Industry, CA 91748 Suppliers Appendix B -08 Last Modified: January 23, 2014 Designation of Manufacturers and Suppliers 0 0 en x � S N 3 0 a N o� ae �' a~i �i A w �► � o io 0o v m w A W �' �"'' a 00 qr S d x�t � 0 0 s0 fe �o � P ro ro '� � m ro �o ro ro ro� ro ro je y T N `n IA S� SW Y� W N N N N 0� OOO W V V T N iA to Vp,p tppg/r NAp� .4,ppA V� N Npa '1/pgp� tpo tApyA ",I,ppppM1 ippA 4AA VN N ANp ApNyp pN ,pN,ppp ,ppN 8888$8$$8$888$88$$888$ N N N N N N N N N 'N N N N N 'N VA N W VF N fn to tA O O G G Q O O Q 0 0 0 0 0 O O O D O O Q 8$88888888880$$$$0$8$$3"' 0 O N V Op V O V O V O V O uu O V O V O V O V O V O V O V O V Op V O V O V O V O V O V O V O pf Q O S S p p O O $ 9889 0 p 8 O O S O O O O Z O g O 4 0 N N N'' N N N N N N N N N N N N N N N N N N N (1 NNN N N N N N N id) N N N Vt. •N N NN{n in N N VI Q �lpA O �VpI O �Y�pp1 O �Vpf O YI {{L7pp� O �1{lpp1 O �l�/pp� O �Y�ppI O �V�ppI O V1 O'O �Yp1 In O�, In O N G w O N O V O 14p1 O �I�pnp O �4y1 Q O �) r" 8$$888 98888088 G � r_ -1 0 ►' r p N co ¢wax c v ,O N w a Z n 0 h • VD, a' o� wa cr CD o n El C> C 0 f A UQ 'G CD K A. 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Bidder further gives assurance that Bidder will submit the documentation required by said regulations and the Contract Documents, including the Listing of Disadvantaged Business Enterprises with which the Bidder will subcontract if the Contract is awarded and if Bidder is unable to meet the contract goals for DBE participation, of the steps Bidder has taken to obtain DBE participation. Name of Firm: Kai-abugld.17evelot)iil�ent, 1ci1_... . Address: 17337 Ventura Blvd., #215, Encino, CA 91316 Telephone Number: 818- 817 -9300 Contractor Representative: Ara Karaj,eriian Title: CEO Signature: r Dated this 30 day of September , 2014. 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(Final Contract Amount: $1,195,071.91) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Clerk to file the City Manager's, or designee's, Notice of Completion in the County Recorder's Office; 2. Authorize the City Manager, or designee, to closeout Project No. RSI 14 -01; and /or 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: List of homes included in Group 51 Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amounts Budgeted: $1,286,947 Additional Appropriation: N/A Account Number(s): 116 - 400 - 0051 -8960 ORIGINATED BY: James S. O'Neill, Program Manager REVIEWED BY: Sam Lee, Director of Planning an ilding Safety IgA APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The RSI Program offers modifications to owners of qualifying residential property in the City of El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring Los Angeles International Airport (LAX). At its meeting March 18, 2014 the City Council awarded a construction contract to Big West Construction Corporation for the construction of twenty -six (26) homes, commonly referred to as Group 51 of the RSI Program. The work has now been completed and the final contract amount is $1,195,071.91. 15 Exhibit A RSI Number Project Address 51.01 955 Virginia Street 51.02 630 West Walnut Avenue 51.03 640 West Walnut Avenue 51.04 211 West Walnut Avenue 51.05 302 West Walnut Avenue 51.06 918 Pepper Street 51.07 313 East Walnut Avenue 51.08 1017 East Walnut Avenue 51.09 908 Lomita Street 51.10 800 McCarthy Court 51.11 818 Main Street, Unit 102 51.12 632 West Maple Avenue 51.13 429 West Oak Avenue 51.14 414 West Oak Avenue 51.15 717 Virginia Street 51.16 623 Whiting Street 51.17 537 West Mariposa Avenue 51.18 656 West Mariposa Avenue 51.19 430 Loma Vista Street 51.20 515 Standard Street 51.20 507 Eucalyptus Drive 51.22 538 Eucalyptus Drive 51.23 619 Bungalow Drive 51.24 720 Bungalow Drive 51.25 748 Center Street 51.26 1547 East Palm Avenue Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Residential Sound Insulation Program — Group 51 Project No.: RSI 14 -01 Notice is given pursuant to California Civil Code §§ 3093, et seq. that: 1. The undersigned is an officer of the owner of interest of the property described below. 2. The project owner's name is: City of El Segundo 3. The full addresses of the project are: attached as Exhibit A and incorporated by reference 4. A work of improvement on the property hereinafter described was field reviewed by City representatives on: see attached Exhibit A 5. The work done was: Residential Sound Insulation Program Improvements 6. On October 21, 2014, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Big West Construction Corporation 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Private Residence(s) listed in Exhibit A 9. The street address of said properties are: set forth in Exhibit A Dated: Sam Lee Planning and Building Safety Director VERIFICATION I, the undersigned, say: I am the Director of Planning and Building Safety of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on at El Segundo, California Sam Lee Planning and Building Safety Director Notice of Completion