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Traffic signal and roadwork
1 improvements on Sepulveda
l ° Boulevard (SR -1) @ Grand and
Mariposa Avenues and El Segundo
ENGI c ER ;N J Boulevard intersections
ENGINEEEtiN( -s 07375- 4G4200
District Agreement No. 07- 4457/A1
AMENDMENT NO. 1 TO AGREEMENT
CI �46- :61'
THIS AGREEMENT, ENTERED INTO ON June 27, 2002, is between the STATE OF
CALIFORNIA, acting by and through its DEPARTMENT OF TRANSPORTATION, referred to
herein as "STATE ", and the
CITY OF EL SEGUNDO, a body politic
and municipal corporation of the State
of California, referred to herein as
"CITY ".
.
District Agreement No. 07- 4457/A1
RECITALS
! ! .I
1. The parties hereto entered into a Cooperative Agreement No. 7 -4457 (Document No. 014896) on
September 26, 2000, said Agreement defining the terms and conditions of a project to implement
modifications to the intersection on Route 1 (Sepulveda Boulevard) at Grand Avenue, Mariposa Avenue
and El Segundo Boulevard, referred to herein as "PROJECT ".
2. It has been determined that PROJECT will not be constructed prior to the termination date of said
Agreement.
3. CITY also wants to award PROJECT prior to receipt of STATE's deposit required in Section II,
Article (1) of the original Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article (17 ) of the original Agreement shall now be
December 31, 2003 instead of July 1, 2002.
2. If CITY wants to award PROJECT prior to receipt of STATE's deposit, availability of STATE funds
for reimbursement to CITY can not be guaranteed.
3. The other terms and conditions of said Agreement (Document No. 014896) shall remain in full force
and effect.
4. This Amendment No. 1 to Agreement is hereby deemed to be part of Document No. 014896
2
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
By.
Doug R. failing
District 07 Director
Approved as to Form and Procedure:
By:
Attorney
Department of Transportation
Certified as to Funds:
By: —
District budget MAdager
Certified as to Financial Terms and Conditions:
By:
Accounting Administrator
3
District Agreement No. 07- 4457/Al
CITY of EL SEGUNDO �MS �. 4 U ? 07
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August 16, 2002
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
SS
01".4896
I, Cathy Domann, Deputy City Clerk of the City of El Segundo, California, and ex- officio Clerk of
the City Council of said City, do hereby certify and attest the following to be a full, and correct
action of the City Council at their meeting of August 6, 2002.
25. Consideration and possible action
Caltrans Cooperative Agreement
award of construction contract
Improvements to Excel Pavin
Improvement Program — Projec
$275,960)
regarding Addendum No. 1 to the City -
(District Agreement No. 7 -4457) and
for the Sepulveda Boulevard Signal
t Company — Approved Capital
No. PW 02 -15. (Contract Amount
MOVED by Council Member Wernick, SECONDED by Council Member Gaines to
approve Addendum No. 1 to the City - Caltrans Cooperative Agreement (District
Agreement No. 7 -4457) and award of construction contract for the Sepulveda
Boulevard Signal Improvements to Excel Paving Company — Approved Capital
Improvement Program — Project No. PW 02 -15. (Contract Amount $275,960).
Authorized the City Manager to execute Addendum No. 1 and the construction
Contract No. 3040 on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0 MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL
CONFLICT
Cathy Domann
Deputy City Clerk
W OPUS®
March 6, 2001
Opus West Corporation
Suite 1600
10940 Wilshire Boulevard
Los Angeles, California 90024
310 - 443 -4255 Fax 310 - 443 -4256
Paul Garry
Associate Planner
Department of Community Economic & Development Services
City of El Segundo
350 Main Street
El Segundo, CA 90245 -3895
Re: Grand Avenue Corporate Center
Dear Paul:
MAR 0 9 2001 �U)
I am writing this letter ( "Letter Agreement ") to you on behalf of our client, Grand Corporate
Center, Inc., a Minnesota corporation ( "GCC ") to memorialize the understanding of the City of
El Segundo ( "City ") and GCC regarding certain design services which will be arranged and /or
coordinated by GCC on behalf of the City.
In order to minimize traffic impacts created by the master planned Grand Avenue Corporate
Center, the City has required that certain improvements be made to certain intersections. The
intersection of Sepulveda Boulevard and Grand Avenue is the only intersection that remains to
be completed under the obligations described by the initial list of intersections requiring
improvement. However, although not previously included, the City and the California
Department of Transportation ( "Caltrans ") have found it necessary to improve the intersections
of Sepulveda Boulevard and Mariposa Avenue and Sepulveda Boulevard and El Segundo
Boulevard, along with additional improvements to the intersection of Sepulveda Boulevard and
Grand Avenue. (Herein all of the above referenced intersections are referred to collectively as
the "Intersections "). The City has requested, and GCC has agreed, to provide assistance to the
City in arranging and coordinating the preparation of the design and engineering drawings for the
Intersections. The City acknowledges that GCC is not obligated to arrange or coordinate the
design and engineering services for the Intersections ( "Services "), except with respect to the
mitigation measures for the Sepulveda Boulevard and Grand Avenue intersection. However, in
order to assist the City and expedite the City's ability to construct the improvements to the
Intersections, GCC has agreed to perform the Services described in this Letter Agreement on the
terms and conditions set forth below.
GCC agrees that it will enter into a contract with PSOMAS ( "PSOMAS ") to have PSOMAS
prepare engineering and construction drawings and that GCC will have PSOMAS subcontract
with Crain & Associates to prepare design drawings (collectively "Engineering and Construction
Drawings ") for the Intersections in accordance with requirements imposed by the City, Caltrans
and other governing agencies having authority over the work to be constructed. PSOMAS and
Architects, Contractors, Developers
Opus West Corporation is a member of the Opus Group j
Atlanta, Austin, Chicago, Columbus, Dallas, Denver, Ft. Lauderdale, Houston, Indianapolis, Kansas City, Los Angeles, Miami, Milwaukee, Minneapolis,
Orange County, Orlando, Pensacola, Philadelphia, Phoenix, Portland, Sacramento, San Francisco, San Jose, Seattle, Tampa, Washington, D.C.
-,
OPUS®
Paul Garry
03/06/2001
Page 3
construction phase of the Intersection improvements. The City also agrees that GCC will not
incur any costs relative to the improvements to the Intersections other than GCC's share of traffic
mitigation fees as identified in the development agreement for GCC's property.
Although this is a Letter Agreement, City and GCC acknowledge that this is a binding agreement
of the parties. In the event of any dispute between the parties regarding the enforcement of this
Letter Agreement, the prevailing party shall be entitled to a reasonable sum for attorneys' fees
and costs incurred in connection with such dispute. By execution of this Letter Agreement each
party warrants and represents that it has full power and authority to execute this Letter
Agreement. This Letter Agreement shall be governed and enforced in accordance with the laws
of the State of California.
Please acknowledge your agreement to the foregoing by executing this Letter Agreement in the
space set forth below.
THE CITY OF EL SEGUNDO
By:
Name: Mike Gordon
Title: Mayor of City of El Segundo
GRAND CORPORATE CENTER, INC., a
Minnes a corpora 'on
By•
Name: /Q %D6'4 C) '0151 -0
Title:
VIC PROS /.D�i✓ j
v OPUS®
Paul Garry
03/06/2001
Page 2
Crain & Associates are collectively referred to herein as the Design Consultants. GCC will also
coordinate having the Engineering and Construction Drawings submitted to Caltrans, the City
and other governing agencies having the authority over the work to be constructed. The City has
agreed that it will reimburse all reasonable and necessary costs incurred by GCC in connection
with the Services, the Engineering and Construction Drawings and obtaining the described
approvals, including, but not limited to, reasonable and necessary costs incurred by GCC's
predecessor in interest GACC II, LLC and any reasonable and necessary out -of- pocket expenses
incurred by GCC in connection with the preparation and processing of the Engineering and
Construction Drawings and submittal of the Engineering and Construction Drawings to Caltrans
in order to obtain from Caltrans a Construction Encroachment Permit authorizing the work to the
Intersections (collectively, "Expenses "). The City shall have the obligation to pay any fees
required by Caltrans as a condition to issuance of the Construction Encroachment Permit. If
requested by GCC, City shall pay such fees within sixty (60) days after request by GCC. The
City shall reimburse the Expenses to GCC no later than sixty (60) days after (i) delivery to the
City by GCC of invoices and other reasonable backup information evidencing the Expenses and
(ii) the date which is the earlier to occur of any of the following: (a) GCC obtains approval from
Caltrans for the issuance of a Construction Encroachment Permit on behalf of the City or
(b) Caltrans issues the Construction Encroachment Permit or (c) the termination or abandonment
of the Services by the City.
The City hereby irrevocably and unconditionally releases GCC and its partners, officers,
directors, shareholders, affiliates, attorneys, agents and successors and assigns (specifically
excluding PSOMAS and Crain and Associates) ( "Released Parties ") from liability arising from
or attributable to the Engineering and Construction Drawings and Services arranged and/or
coordinated by GCC under this Agreement, excluding liability arising from the active negligence
or intentionally wrongful conduct of the Released Parties. The City further agrees to indemnify,
defend and hold the Released Parties harmless from all liability arising from or attributable to the
Engineering and Construction Drawings and Services arranged and/or coordinated by GCC
under this Agreement, excluding liability arising from the active negligence or intentionally
wrongful conduct of the Released Parties. The City acknowledges that GCC is providing the
Services as an accommodation to the City and that in no event will GCC have any liability as a
result of the selection of the Design Consultants or the performance of the work by the Design
Consultants. With respect to the Released Parties, the City expressly waives any of its rights
against the granted under California Civil Code Section 1542 which provides as follows: "A
general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
The parties acknowledge that the scope of GCC's services, provided for herein, do not include
any supervision, management or technical assistance or oversight of the design, bidding or
S 7
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Date: March 16, 2001
TO: Honorable Mayor Mike Gordon
FROM: James M. Hansen, Director of Community, Economic and Development
Services
STAFF
PLANNER: Paul Garry, Senior Planner
SUBJECT: Letter Agreement for Engineering Services for Sepulveda Boulevard
Traffic Improvements
Attached for your signature is the final "Letter Agreement" between Opus West (the
successor -in- interest to Kearny Real Estate) and the City of El Segundo for the traffic
engineering design services they have agreed to perform for traffic improvements along
Sepulveda Boulevard. Some of these improvements are required mitigation for the Grand
Avenue Corporate Center (GACC) Project. Others are additional improvements requested
by the City and Caltrans. The City has executed a cost sharing agreement (approved by
the City Council on September 26, 2000) in place with Caltrans to fund the construction of
these improvements. This Agreement is for engineering services to be provided by Opus
West. The Letter Agreement has been reviewed and approved as to form by the City
Attorney's office. Please call me at x2313 if you have any questions.
cc: Mary Strenn, City Manager
Cindy Mortesen, City Clerk
Mark Hensley, City Attorney
Bellur Devaraj, City Engineer
PAPlanning & Building Safety\ PROJECTS \426 - 450 \EA - 430 \3 -15 -01 cc- memo.doc