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2004 FEB 17 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. 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 portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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 lenath. 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, FEBRUARY 17, 2004 — 5:00 P.M. Next Resolution # 4367 Next Ordinance # 1375 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, It 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; as follows: 01 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters 1. Bressi v. City of El Segundo, LASC No. BC288292 2. Bressi v. City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -o- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter 1. LAX DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None SPECIAL MATTERS — None a 02 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. 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 portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, FEBRUARY 17, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Rob McKenna of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick Next Resolution # 4367 Next Ordinance # 1375 WW PRESENTATIONS — (a) Commendations to the recipients of the 2003 Waste Reduction Awards Program (WRAP): Chevron, El Segundo Refinery, Northrop- Grumman Integrated Systems Sector and Raytheon Company, Space & Airborne Systems. (b) Proclamation to be presented to Mayor Carlos Ernesto Zatarain Gonzales of Sister City Guaymas, Sonora, Mexico reaffirming El Segundo's 42 -year commitment to foster the ideals of the Sister City Program. (c) Proclamation recognizing the 20th Anniversary of the El Segundo Educational Foundation and proclaiming February 2004 as El Segundo Educational Foundation Month. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4 04 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. 1. Warrant Numbers 2538749 to 2539008 on Register No. 9 in the total amount of $1,033,933.56 and Wire Transfers from 1124/2004 through 2/5/2004 in the total amount of $386,841.15. 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. 2. City Council Meeting Minutes of February 3, 2004 Recommendation — Approval. 3. Consideration and possible action regarding the presentation of FY 2003 -2004 First Quarter Financial Review. Recommendation — (1) Receive and file FY 2003 -2004 First Quarter Financial presentation; (2) Alternatively, discuss and take other action related to this item. 4. Consideration and possible action regarding adoption of an ordinance to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 174,240 square foot research and development/office building at 1955 East Grand Avenue and to adopt a Zone Text Amendment to allow the proposed building at 455 Continental Boulevard to exceed the density limitations in the Corporate Office (CO Zone). Recommendation — (1) Second reading by title only and adoption of Ordinance; (2) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action to reject all bids and authorize readvertisement of bid specifications for the Community Center Project. (Estimated Cost $6 million) Recommendation — (1) Reject all bids; (2) Authorize staff to make modifications to the construction documents and readvertise the project for receipt of construction bids; (3) Alternatively, discuss and take other action related to this item. 5 05 6. Consideration and possible action to approve the Construction and Maintenance Agreement between the City of El Segundo, Burlington Northern and Santa Fe Railway Company (BNSF) and the Los Angeles County Metropolitan Transportation Authority (MTA) for the Douglas Street Gap Closure Project — Approved Capital Improvement Program. (Estimated Cost $1,634,130) Recommendation — (1) Approve agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action to grant a pipeline easement to the Los Angeles County Metropolitan Transportation Authority (MTA) for the Green Line Station's fire protection service in conjunction with the Douglas Street Gap Closure Project — Approved Capital Improvement Program. (No fiscal impact) Recommendation — (1) Approve the easement grant; (2) Authorize the City Manager to execute the easement grant on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action authorizing the City Manager to execute a Memorandum of Agreement with the City of Los Angeles to perform a bacteria TMDL Implementation Plan Study. Reclassify $35,000 from Contractual Services within the Wastewater Division to the Storm Drain Division. (No Fiscal Impact) Recommendation — (1) Authorize the City Manager to execute a Memorandum of Agreement with the City of Los Angeles; (2) Reclassify $35,000 from the Wastewater Division Contractual Services Account No. 001 - 400 -4301 -6206 by $35,000 to the Storm Water Contractual Services Account No. 001 - 400 - 4302 -6206; (3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding adoption of plans and specifications for core drill for installation of Heritage Stones — Approved Capital Improvement Program — Project No. PW 04 -03. (Estimated Cost $43,000) Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise the project for receipt of bids; (3) Alternatively, discuss and take other action related to this item. 6 10. Consideration and possible action to adopt plans and specifications for the City Library Interior Meeting Rooms and Modifications — PW 03 -09 — Approved Capital Improvement Program. (Estimated Cost $321,000) Recommendation — (1) Allocate $78,200 from Library Developer Fees and $68,950 from Library State Funds; (2) Approve plans and specifications; (3) Authorize staff to advertise the project for receipt of construction bids; (4) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding the submission of a grant application to the Governor's Office of Emergency Services (OES) under the Hazard Mitigation Program to support construction of a new Fire Station #2 Facility. (Fiscal Impact $683,050.00) Recommendation — (1) Adopt a Resolution identifying agents authorized to represent the City of El Segundo in the HGMP grant application, assurances, certifications, and agreements; (2) Authorize the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498; (3) Authorize the City Manager and /or City Manager's designees to sign and submit the HGMP grant application, any assurances or certifications to the Governor's Office of Emergency Services; (4) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding the submission of a grant application to the Governor's Office of Emergency Services (OES) to partially fund staff costs to prepare a Hazard Mitigation Plan. (Fiscal Impact — None) Recommendation — (1) Authorize the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498; (2) Authorize the City Manager and /or City Manager's designees to sign and submit the Hazard Mitigation Plan grant application, any assurances or certifications to the Governor's Office of Emergency Services; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding the request to waive fees for city services for the El Segundo Little League and Girls Softball Opening Day parade. (Fiscal Impact $900.00) Recommendation — (1) Waive fees for city services needed for securing the parade; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 7 07 F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS —CITY ATTORNEY —NONE REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — 14. Consideration and possible action to authorize a member of staff to attend the 2004 University of California Airport Noise and Air Quality Symposium from March 1 through March 4, 2004. (Fiscal Impact $1,700.00) Recommendation — (1) Authorize attendance of 2004 Airport Noise and Air Quality Symposium by one member of staff; (2) Alternatively, discuss and take other action related to this item. Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 15. Consideration and possible action regarding Council appointments to develop a Task Force for an Aquatic Master Plan for the City of El Segundo. (No Fiscal Impact) Recommendation — (1) Council to appoint two Recreation and Park Commissioners and some community members to work with staff to develop an Aquatic Master Plan for the City of El Segundo; (2) Task Force will begin in March 2004 and present its report back to Council in November 2004. The following individuals will constitute the Task Force: Recreation and Parks Director, Aquatic Supervisor, Recreation and Parks Commissioners, and members of the community: Henry Stuart, Ron Swanson, Barbara Briney, Anne Marie DAugustino, Kelly and Shelly Kemp; (3) Alternatively, discuss and take other action related to this item. EM 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 $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, It sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: NAME: nq O 2 ❑ W z J N W JJ NF W � F � U� 3 a W F N N W C O A Y C Q K W W LL 0 O N Q 0 OI�tNOpNp e°NOpSpN N <INV tnVSS�m CI n rNOryNm1�ONY� • • • O rmfC rG �-nrvN iN ��Si `8imn m fUA OjN ` f gt�lflGOMN d p z LL N p W_ Z 2 Q O� Q Z Z p 2 0 <Z p00F4LL �ZWWUQyUQ 00.11. 11. W Iii U� J W Q W F m N 33N > Z U• 1 yQQiA� p 0 (Wj /�jQQ8mm Ott pf LLLLam w LL w Z ? W W Z W Z .0 RLL ryrySUZ W >,Z u U w m Q LL F m .LLLLSUai»u a K¢�O ZRo i Z 1° Ky06WWK Z Z M1 _ U IW f N J~ N 0JIWiI s F10'w wogo. ci ]w1d��rcw�F 5 QQ 3g 0 ofmmo -- - - - - - R Sn'R gq 9. Or°oe�P.S °n °r N N S 0 i E ppO m a m c n v d wo ZZ Oa €z �OEU 0 0�- W_ J N F z W z N J Q W 7 O N Y U W_ U O O U K LL Q m \` W m U O f U 5 n' e N n E � a U m wm 0 m w wW � N z 0 2 Q 0 w 2 O 10 O ° mQ N d n U N"c d S mE 9 u q ; n naN F yc oq �E m a m T Z L n8osm a E E 6 EE m m r S nyb°n E c 2 Bie o ��ic 3 c m m E W @@c$ `m E n m E C F 5 E = E E U K LL Q m \` W m U O f U 5 n' e N n E � a U m wm 0 m w wW � N z 0 2 Q 0 w 2 O 10 O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1/24/2004 THROUGH 2/5/2004 Date Payee Amount Description 12/5/04 Federal Reserve Bank 150.00 Savings Bond I Series(missed Dec memo) 12/5/04 Federal Reserve Bank 250.00 Savings Bond EE Series(missed Dec memo) 1/29/04 Health Comp 2,146.07 Weekly claims 1/23 1/29/04 Employment Development 36,070.50 State Taxes PR 16 1/29/04 IRS 182,086.60 Federal Taxes PR 16 1/29/04 PGC El Segundo LLC 33,075.86 Golf Course Payroll Transfer 2/3/04 Siemens Financial 44,837.50 Quarterly Energy Payment 2/3/04 Federal Reserve Bank 100.00 Savings Bond I Series 2/3/04 Federal Reserve Bank 300.00 Savings Bond EE Series 2/4/04 US Bank 9,875.00 District 73 Interest 2/4/04 Health Comp 4,641.04 Weekly claims 1/30 1/17- 2/5/04 Workers Comp Activity 73,308.58 SCRMA checks issued 386,841.15 DATE OF RATIFICATION: 2/17/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Deputy Treasler Date Director of Administrative Service Date City M w r Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 386,841.15 11 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present CLOSED SESSION: The City Council moved 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 §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGALCOUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter 1. LAX DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS — None Council moved into open session at 6:59 P.M. K MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 1 1 f, h REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 3, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Members of Boy Scout Troops 267, 762 and 773 PRESENTATIONS — (a) Council Member McDowell announced the Red Cross has made an urgent plea for blood. (b) Introduction of Margie O'Tarpey by Mary Strenn, City Manager. Ms. O'Tarpey is currently the CEO, Local Government Managers Australia, New South Wales, which is part of the International Exchange Program of the League of California Cities, City Managers Department. (c) Mayor Gordon presented Certificates of Appreciation presented to the members of the El Segundo Skateboard Task Force for their commitment to the Skateboard Park project. (d) Mayor Gordon gave a Commendation to Jim & Jacks Auto Repair for their years of service to our community. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick 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. Liz Garnholz, resident, requested clarification of items on the agenda. Jim Boulgarides, resident, spoke regarding the skateboard park ordinance and stated he felt the protective equipment required should be extended to include wrist guards. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO, 2 13 Barbra Briney, resident, urged Council to form an aquatics task force. Joe Brandon, resident, requested further information on certain agenda items. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Wernick, SECONDED by Council Member McDowell 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 Consideration and possible action (Public Hearing) regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). Mayor Gordon left the dais due to a potential conflict regarding his business location. Mayor Pro Tern Jacobs stated this is the time and place hereto fixed for a public hearing regarding a request to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 255,000 square foot research and development/office building at 1955 East Grand Avenue. The request also includes an application for a General Plan Amendment and Zone Text Amendment to allow the proposed structures to exceed the density limitations in the Corporate Office (CO Zone). Partners, LLC. City Clerk Mortesen stated that proper notice was completed and two written communications have been received in the City Clerk's Office and that Council has been copied on both of them. Jim Hanson, Director of Community, Economic and Development Services, gave a report. Michael Hyde, resident, spoke in favor of the Mattel project. Dan Erhler, Chamber of Commerce Director, spoke in favor of the Mattel project. Andrew Bankie, Double Tree Hotel Manager, spoke in favor of the Mattel project. Marie Whalon, Mattel employee and resident, spoke in favor of the Mattel project. Bill Kreger, Past President of the Chamber of Commerce, spoke in favor of the Mattel project. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 3 1.4 Liz West, Past President of the Chamber of Commerce, spoke in favor of the Mattel project. Ryan Herzog, resident, spoke in favor of the Mattel project. Leslie Williams, resident, spoke in favor of the Mattel project. Liz Garnholtz, resident, stated she opposed the approval of an amendment to the Development Agreement. MOVED by Council Member Gaines, SECONDED. By Council Member McDowell to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT REGARDING HIS BUSINESS LOCATION. City Attorney Mark Hensley read the following: RESOLUTION NO. 4361 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. 559, SUBMITTED BY MATTEL INCORPORTED, FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION AND CORPORATE OFFICE (C -O) ZONE FOR 455 CONTINENTAL BOULEVARD AND 1955 EAST GRAND AVENUE. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4361 to certify a subsequent Environmental Impact Report of Environmental Impacts for Environmental Assessment No. 559, submitted by Mattel Incorporated, for an Amendment to the General Plan Designation and Corporate Office (C -O) Zone for 455 Continental Boulevard, with modifications to the Resolutions omitting Items IV.F. and G. from Exhibit A to the Resolution. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. City Attorney Mark Hensley read the following: ORDINANCE NO. 1373 AN ORDINANCE REGARDING AN APPLICATION FROM MATTEL INC. APPROVING DEVELOPMENT AGREEMENT NO. 01 -3 AND ZONE TEXT AMENDMENT NO. 03 -2, AMENDING SECTION 15 -5D -7F OF THE EL SEGUNDO MUNICIPAL CODE TO INCREASE THE DENSITY FOR PROPERTY AT 455 CONTINENTAL BOULEVARD IN THE CORPORATE OFFICE ZONE. Council Member Gaines introduced the Ordinance with the modifications to page 3 of the Ordinance deleting sections 3.A.7 and 8 and to Exhibit A Section 2.7 deleting the last sentence, and deleting sections 2.7.1, 2.7.2, 2.7.3, and moving 2.7.4 to become the last sentence in 2.7. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 4 15 Mayor Gordon returned to the dais. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding uniform newsrack locations and type of newsracks to be installed on Main Street and Grand Avenue in the Downtown Specific Plan (DSP) area. Mayor Pro Tem Jacobs left the dais due to a potential conflict regarding her business location. City Manager, Mary Strenn gave a report. Council directed staff to investigate the feasibility of revisions to the Newsrack Ordinance in order to accommodate local newspapers. MOVED by Council Member Gaines SECONDED by Council Member McDowell to approve Resolution No. 4362 establishing Uniform Newsrack Locations. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, GAINES, MCDOWELL; NOES: WERNICK; NOT PARTICIPATING JACOBS. 3/1 Mayor Pro Tem Jacobs returned to the dais. Consideration and possible action regarding adoption of plans and specifications for the El Segundo Skateboard Park located at 405 Grand Avenue — Approved Capital Improvement Program. (Estimated Cost $433,693.60) MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt plans and specifications for ht El Segundo Skateboard Park located at 405 Grand Avenue and authorized staff to advertise the project for receipt of construction bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action to reappoint Sandra Jacobs, Mayor Pro Tem, to a new four -year term as Trustee on the Los Angeles County West Vector Control District. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 5 16 MOVED by Mayor Gordon, SECONDED by Council Member Gaines to reappoint Sandra Jacobs to a new four -year term as a Trustee on the Los Angeles County West Vector Control District Board of Trustees. Directed the City Clerk to send a letter to the District's Executive Director confirming the appointment date and vote of the City Council. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: GORDON, JACOBS, GAINES, MCDOWELL; NOES: WERNICK. 4/1 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. 5. Approved Warrant Numbers 2538476 to 2538748 on Register No. 8 in the total amount of $1,446,872.99 and Wire Transfers from 1/9/2004 through 1/23/2004 in the total amount of $1,130,037.65. 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. 6. Approved City Council Meeting Minutes of January 20, 2004. Provided for the first reading of Ordinance No. 1374 and adopted Resolution No. 4363 of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System and the El Segundo City Council providing 4th level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. Adopted Resolution No. 4364 providing for the delegation of authority from the City Manager to the Director of Administrative Services in the City of El Segundo Disability Retirement Procedures for members of the El Segundo Police Association, El Segundo Firefighters Association and the El Segundo Police Managers Association. 9. Approved the revised class specifications to the qualifications sections of the Fire Captain, Battalion Chief and Battalion Chief - Administration class specifications. 10. Adopted Ordinance No. 1371 amending the El Segundo Municipal Code (ESMC) Section 14 -1 -12 and 14 -2 -7 to revise the Subdivision Regulations to add provisions to allow a stay of an approved tentative map while litigation is pending on a project. Applicant: TPG -El Segundo Partners, LLC. 11. Approved Change Order No. 1 in the amount of $9,174.05; Accepted the Work as complete for the traffic signal and intersection improvements for Sepulveda Boulevard at Grand Avenue and El Segundo Boulevard — Project No. PW 02 -15 (Final Contract Amount $285,134.05); Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 6 1,7 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to approve Consent Agenda Numbers 5, 6, 7, 8, 9, 10 and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. COUNCIL MEMBER GAINES NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 6 BECAUSE HE WAS ABSENT FROM THE MEETING. COUNCIL MEMBER WERNICK NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 10 DUE TO THE LOCATION OF HER SPOUSE'S EMPLOYER. MAYOR GORDON NOT PARTICIPATING ON CONSENT AGENDA ITEM NO. 11 DUE TO THE LOCATION OF HIS BUSINESS. 12. Consideration and possible action regarding second reading of Ordinance No. 1372 adding Chapter 4 to Title 10 of El Segundo Municipal Code entitled "Skateboard Parks" granting the City specific immunity from liability associated with the operation of a skateboard park. Council consensus to direct the Recreation and Parks Commission to review the approved safety equipment with the possibility of adding wrist guards. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. Consideration and possible action regarding adoption of local goals and policies for the creation of Community Facilities Districts (CFD's) pursuant to the Mello -Roos Community Facilities Act of 1982. Mark Hensley, City Attorney, gave a report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No. 4365 establishing Local Goals and Policies for Mello -Roos Community Facilities Districts. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 14. Consideration and possible action to appoint a Water and Sewer Rates Task Force with a task to review and recommend action on a study being prepared by AKM Consulting Engineers on the need to increase rates to fully support operation, maintenance and capital costs of the City sewer and water utilities. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to appoint a Water and Sewer Rates Task Force consisting of two members of Council, one member of the El Segundo Residents Association (ESRA), one member of the Chamber of Commerce, one member of the El Segundo Employers Association (ESEA), one at large resident, the City Manager, the Director of Administrative Services and the Public Works Director, to review the proposed rates including the related capital needs and financial information and recommend appropriate rate increases to meet the operational and capital needs of the utilities. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 7 i' G. REPORTS — CITY MANAGER — Introduced Kimberly Christensen the new Planning Director. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Announced his selection as Chair of a seminar on Public Safety Communications Facilities. Council Member Gaines — 15. Consideration and possible action to adopt a resolution urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4366 urging the President and Congress to utilize all means available to persuade Mexico to amend its current extradition policy toward individuals accused of committing capital crimes in the United States. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Wernick — Reported on Hyperion Tour. Anyone interested in participating in the Tour to contact Semione Jurgis in Building Safety. Mayor Pro Tem Jacobs — Spoke on recent discussions at SBCOG on traffic studies. Mayor Gordon — Reported on allocations for the Coastal Corridor. Also noted that the Douglas Street Underpass Project has received another grant from the Federal Government to further reduce the amount being spent on construction by the City. 16. Consideration and possible action regarding an extension of the agreement between the City and the MWW Group for services related to the Los Angeles International Airport (LAX) Master Plan. MOVED by Mayor Gordon, SECONDED by Council Member McDowell, to extend Agreement No. 3255 with MWW Group to April 20, 2004 for services related to the Los Angeles International Airport (LAX) Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; GORDON, JACOBS, GAINES AND MCDOWELL; NOES: WERNICK. 4/1 MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 8 19 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 Loretta Frye, Resident; spoke regarding the existing sign code and stated that is not being enforced. Mr. Hoops, Resident; Requested Council to re- establish the bus stop at Grand and Richmond Streets, and the replace a bus bench at Holly and Main Streets. Jim Bolgarides, Resident; spoke regarding political signs. He also spoke regarding the lack of bathroom facilities at El Segundo Beach. Mayor Gordon suggested that this item be sent to the Recreation and Parks Commission for their input and direction. MEMORIALS — NONE CLOSED SESSION- NONE ADJOURNMENT at 10:00 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING FEBRUARY 3, 2004 PAGE NO. 9 20 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the presentation of FY 2003 -2004 First Quarter Financial Review. RECOMMENDED COUNCIL ACTION: (1) Receive and file FY 2003 -2004 First Quarter Financial presentation (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The focus of this FY 2003 -2004 first quarter financial review is to review revenues and expenditures in all funds for the period of October 1, 2003 through December 31, 2003. This report analyzes the estimated totals for revenues, operational and capital expenditures in all funds for the period of October 1, 2002 through September 30, 2003. The report does not forecast year -end estimated revenues because it is still early in the fiscal year. Staff will also take any direction from the City Council regarding the 2004 -2005 budget process, which will assist in budget preparation. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _ Yes X No ORIGINATED BY: DATE: 21-12, -py� Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: An&f2� 7ary Strenn, City r 3 BACKGROUND & DISCUSSION (CONTINUED) The following is an analysis of General Fund revenues by the ten major categories: a. Property Taxes The property tax revenue estimates are on target for fiscal year 2003 -2004. b. Other Taxes (Includes Sales. Utility User's Transient Occupancy and Other Taxes This category is currently significantly below target with budget, mainly attributable to a decrease in Gas Utility User's Taxes. Over this last quarter, consumption of natural gas has decreased. There are many variables which can impact this consumption including changes in natural gas prices; limitations imposed by the California Independent Systems Operator (ISO); decreases in power sales on the ancillary market; changes in weather patterns; and California legislation. Additionally, a local plant was offline for most of November 2003. Staff will continue to research this issue and provide another update at the midyear financial review. Also, within this category, sales tax is slightly below target; transient occupancy taxes are well ahead of budget; and the other utility taxes combined are on target with budget. Revenues in this category are 18.0% of the budget with 25.0% of the fiscal year complete. c. Business License Fees This category is currently at or ahead of the budget. Of the top 10 business taxpayers, the City has received $6,120,000 which is $929,000 or 17.75% more than FY 2002 -2003. This is attributable to a decrease in sales tax receipts for the period of July 1, 2002 to June 30, 2003. 50% of sales tax received is rebated against the business license fee and the decline of this revenue source has had a positive impact on the business license fees collected in January 2004. d. Other License and Permits This category is currently ahead of the budget target in FY 2003 -2004. While new commercial construction has slowed down, low interest rates have assisted in residential and interior commercial building improvements to remain strong in Southern California and in the South Bay in particular. Revenues in this category are 54.4% of the budget with 25.0% of the fiscal year complete. The development outlook for 2004 continues to look positive with several projects in the planning and design phase. 22 BACKGROUND & DISCUSSION (CONTINUED) e. Interest and Rentals This category is currently slightly below target. This is attributable to a lower cash balance compared to previous years combined with a lower average rate of return. Interest rates continue to remain low. The Federal Reserve has not begun to increase the federal funds rate, but has indicated that it may begin to reverse its position in 2004. This will have a positive impact on interest income. Revenues in this category are 22.7% with 25.0% of the fiscal year complete. f. Intergovernmental Revenues This category is well below target. This is mainly attributable to the Governor's reinstatement of the vehicle license fee reduction to consumers without backfilling this revenue to cities and counties. The City received some relief in January 2004 when the State Controller's office paid back cities and counties the November 2003 VLF backfill, but the future of this revenue source still remains uncertain. Even if the City receives the full backfill, there will still be a shortfall in this account attributable to administrative fees imposed by the State. Revenues in this category are 15.9% with 25.0% of the fiscal year complete. We will continue to monitor the development of this revenue source and report back at the midyear review in May 2004. g. Charges for Services This category is below target mainly attributable to an anticipated 15% increase in water and wastewater fees that has not yet materialized. Developer costs the City incurred for the Air Force Base project have been reimbursed and are included in this category. Revenues in this category are 20.4% with 25.0% of the fiscal year complete. Three other General Fund categories including Other Revenue Fines and Forfeitures and Transfers In, are expected to be on target with budget. Total Estimated Revenues Overall, General Fund revenues are 18.5% with 25.0% of the fiscal year complete. Since many of the revenues and expenditures are difficult to anticipate only three months into the fiscal year, staff will prepare another in -depth review of revenues and expenditures at the midyear review in May 2004. The revenue estimates in all other funds appear to be on target 23 BACKGROUND & DISCUSSION (CONTINUED) GENERAL FUND EXPENDITURES The following is an analysis of General fund expenditures by major categories: a. Elected Officials and Administrative Support Services This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's office, and Administrative Services is currently on target with budget. b. Non Department Non Department expenditures are currently on target with budget. C. Public Safety The Police and Fire Department General Fund expenditures are on target with budget. Staff is closely monitoring all line item accounts such as overtime that are within management's control to ensure they remain on target with budget. d. Development Services The Development Services function includes the Community Economic and Development Services Department, which consists of Planning, Building Safety, and Economic Development divisions. The department is on target with the approved budget. e. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration. Other fund operations in this function include Gas Tax, Facilities Maintenance and the Water Fund. The total category is currently on target with budget. f. Recreational. Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library and Cable Services Department. There are part-time and overtime accounts within both the Recreation and Parks and Library W BACKGROUND & DISCUSSION (CONTINUED) and Cable departments that staff is monitoring closely to ensure they remain within budget. Overall this category is on target with budget. Total General Fund Estimated Expenditures With 25% of the fiscal year complete, General Fund expenditures are on target with budget and there are no adjustments needed at this time. Expenditures in other funds also appear to be on target with budget. CONCLUSION The economic engine at the federal level has been gaining steam in this past year. While interest rates remain historically low, economists are forecasting that the Federal Reserve will increase the federal funds rate later this year. This will increase the prime rate that banks charge on consumer loans and will likely have an impact on mortgage lending and other consumer spending. Fueled by the lowest interest rates in 45 years, housing prices and sales surged in the first half of 2003 and then slowed slightly in the second half as interest rates rose modestly. If the Fed Reserve increases the federal funds rate, housing sales and prices may be negatively impacted. Southern California may be more insulated than the rest of the country only because the supply is so tight while the demand is high; however, prices may begin to at least flatten out or decline. A recent article in the Los Angeles Business Journal showed that more than 52% of all mortgages in Los Angeles County are adjustable mortgages leaving many residents in Southern California are at financial risk if interest rates increase and housing prices decline. Nationally, unemployment has continued to rise This bad news has been offset to some extent by more positive reports regarding profit, productivity and business investment. Moderate growth is forecast for the national and state economies in 2004. The projected 2004 growth in the Gross Domestic Product (GDP) is 2.5 %, with rates in the 3.0% - 3.5% range possible for 2005. These growth rates fall short of the rates seen in typical "recoveries ". In the past post- recession recoveries, growth rates have ranged between 4.5% and 5.0% range. According to Edwar Learner, director of the UCLA Anderson Forecast, "This type of recovery could only occur if some area of economic spending goes to super normal ". Locally, the employment forecast for the Los Angeles area remains relatively optimistic compared to the nation. Payroll employment is expected to increase beginning the first quarter 2004 adding 64,000 jobs over the coming year and 85,000 in 2005. The strongest gains are predicted to be in business services, education, and health services. Unfortunately, this bright spot is shadowed by the State's ongoing budget problems. Local revenue sources that may be impacted by the State's budget deficit include Educational Revenue Augmentation Fees shifted to the schools, Motor Vehicle License fees, gas tax, and all state funded grants to help the State balance its own budget. The total of funds in El 25 BACKGROUND & DISCUSSION (CONTINUED) Segundo that may be subject to reduction by the State is approximately $1.5 million. Other areas of concern over this next fiscal year continue to include increasing medical and retirement rates. Medical rates, which increased 18% January 1, 2004 are currently projected to increase 14% to 16% January 1, 2005. Retirement costs are anticipated to increase 11.9% for safety and 6.4% for miscellaneous workers effective July 1, 2004. While investment returns at Cal PERS have recently begun to pick back up, we do not anticipate any reduction in employer rates for at least three more fiscal years since the rates are based on returns from two years ago and Cal PERS had three consecutive years with investment returns significantly below their assumption of 8.25 %. No budget adjustments are recommended at this time. Staff will continue to monitor all revenues and expenditures very closely and present another financial update at the midyear review in May 2004. 26 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an ordinance to renew, extend, and amend a Development Agreement between the City and Mattel, Inc. to permit the construction of a 300,000 square foot research and development building at 455 Continental Boulevard and a 174,240 square foot research and development/office building at 1955 East Grand Avenue and to adopt a Zone Text Amendment to allow the proposed building at 455 Continental Boulevard to exceed the density limitations in the Corporate Office (CO Zone). RECOMMENDED COUNCIL ACTION: 1) Second reading by title only, and adoption of Ordinance; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 3, 2004, the Council held a public hearing and adopted Resolution No. 4361 approving Environmental Assessment No. 559 for General Plan Amendment No. 03 -3, Zone TextAmendment No. 03 -2, and Development Agreement No. 01- 3. The City Council discussed the appropriate density for the proposed building at 1955 East Grand Avenue and whether or not the proposed public improvements recommended by the Planning Commission should be incorporated into the Development Agreement. The consensus of the Council was to approve the General Plan Amendment and Zone Text Amendment for the 300,000 square foot building that was part of the original entitlements and to approve a new building on the 1955 East Grand Avenue property with a maximum floor area of 0.8:1 consistent with the density limits in the Corporate Office (CO) Zone. The consensus of the Council also was to eliminate from the Development Agreement proposed obligations for Mattel to grind and repave Continental Boulevard between El Segundo Boulevard and Mariposa Avenue and for Mattel to upgrade the landscaping and irrigation in the median island of Continental Boulevard between Grand and Mariposa Avenues. The Ordinance and Development Agreement were revised and read into the record at February 3, 2004, Council hearing, and are presented for a second reading and adoption. If adopted without change, the provisions will become effective in 30 days. ATTACHED SUPPORTING DOCUMENTS: Ordinance No. 1373 FISCAL IMPACT: None ORIGINATED BY: DATE: Ja s 71 Hansen, Director of Community, Economic and Development Services DATE: Mary Stre , City Manager PAPlanning & Building Safety\ PROJECTS \551- 575 \EA - 559 \EA- 559 .ais.2nd.doc 4 27 ORDINANCE NO. 1373 AN ORDINANCE REGARDING AN APPLICATION FROM MATTEL INC. APROVING DEVELOPMENT AGREEMENT NO. 01 -3 AND ZONE TEXT AMENDMENT NO. 03 -2, AMENDING SECTION 15 -513-7F OF THE EL SEGUNDO MUNICIPAL CODE TO INCREASE THE DENSITY FOR PROPERTY AT 455 CONTINENTAL BOULEVARD IN THE CORPORATE OFFICE ZONE. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Council finds and declares that: A. On July 25, 2001, Mattel, Inc. filed an application for an Environmental Assessment to amend and extend a Development Agreement for property located at 455 Continental Boulevard. On June 20, 2003, Mattel, Inc. filed additional applications requesting to amend the General Plan designation, amend the Zoning Code, and to include 1955 E. Grand Avenue in the Development Agreement to allow an expanded corporate office and research development; B. The Mattel, Inc. application was reviewed by the City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. 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. An Initial Study was prepared pursuant to the requirements of CEQA. The Initial Study demonstrated that the project could cause significant environmental impacts. Accordingly, a Draft Subsequent Environmental Impact Report ( "DEIR ") was prepared and circulated for public review and comment between September 25, 2003 and November 11, 2003; E. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before the Planning Commission for November 13, 2003; F. On November 13, 2003 the Commission opened a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City staff and representatives of Mattel, Inc. and continued the public hearing to December 18, 2003; 1 G. On December 18, 2003, the Planning Commission held the continued public hearing and adopted Resolution No. 2556 recommending City Council approval of Environmental Assessment No.559, General Plan Amendment 03 -3, Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3; H. On February 3, 2004, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by City staff, public testimony and Mattel, Inc and adopted Resolution No. 4361 approving Environmental Assessment No. 559 for Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3; The City Council considered the information provided by Mattel, Inc., City staff, and public testimony. This Ordinance, and its findings, are made based upon the testimony and evidence presented to the City Council at its February 3, 2004 hearing including, without limitation, the staff reports submitted by the Department of Community, Economic and Development Services. SECTION 2: Factual Findings. The Council finds that the following facts exist: A. The real property affected by this resolution includes two parcels located at 455 Continental Boulevard - a 3.5 acre irregular shaped area, and at 1955 East Grand Avenue - a 5 acre rectangular area; B. The subject properties have vehicular access from Continental Boulevard and East Grand Avenue; C. The 455 Continental site is currently occupied by private recreational facilities, and the 1955 East Grand Avenue site is currently occupied by a 55,000 square foot two -story office building and associated surface parking; D. The applicant proposes constructing 300,000 square of office and research & development space and a parking structure at 455 Continental, and 255,000 square feet of office and research & development space and a parking structure at 1955 East Grand Avenue. The applicant also proposes demolition of the 55,000 square foot office building at 1955 Grand Avenue. E. The subject property is located within the Corporate Office (C -O) Zone, which allows development with a Floor Area Ratio (FAR) of 0.8:1. The applications request that the FAR be increased to 1.96:1 for the 455 Continental Boulevard parcel. 2 29 F. An amendment to Section 15 -5D -7F of the ESMC is necessary for consistency with the General Plan. SECTION 3: Development Agreement Findings. The proposed project requests to amend the Grand Way Development Agreement, originally adopted in 1985 and amended in 1993. The proposed amendment would extend the term of the agreement until 2011 (eight years from date of adoption) and would include 1955 E. Grand Avenue as a part of the agreement. The project approved as part of the Development Agreement would be as generally described in Section 2 above. Pursuant to City Council Resolution No. 3268, adopted June 26, 1984, the City Council finds that: A. The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan; because the Development Agreement would provide the following public benefits in exchange for valuable development rights (eight -year entitlement): 1. Development of a property that is currently vacant and unused. 2. Increasing and further stabilizing the City's tax base through the expansion of an existing business. 3. Increase in employment opportunities for the City's citizenry. 4. Increasing City revenues through the generation of taxes that outweigh the City cost of services. 5. Development of a project that will increase the use of the MTA Green Line. 6. Development of a project that is consistent with the elements of the General Plan. 7. Contribution of approximately $858,789 in police, fire, library, and traffic mitigation fees to offset the impacts of the project on public services. B. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed use and development standards are similar and compatible with the existing uses and standards permitted in the CO zoning on the property except as provided in the Development Agreement. C. The project is in conformity with the public convenience, general welfare and good land use practice. The project would facilitate constructing public improvements. The project would also be designed to support and encourage public transportation uses and help solidify the CO Zone as a center for corporate headquarters contribute by enabling Mattel to consolidate some of their facilities onto their corporate headquarters campus. D. The project will not be detrimental to the health, safety and general welfare. The proposed project will not create any negative environmental 3 30 impacts, with the exception of construction and cumulative carbon monoxide air quality impacts. E. The project will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment and Extension will ensure that the project will be developed in an orderly fashion. All mitigation measures will be implemented at the time and place impacts occur. F. The project would also be designed to support and encourage public transportation uses and contribute to the continued diversification of the northeast quadrant of the City. G. The project will not be detrimental to the health, safety and general welfare. As established in the factual findings in this Ordinance, the proposed project will not create any negative environmental impacts, with the exception of construction and cumulative carbon monoxide air quality impacts. SECTION 4: Approvals. The City Council approves the following: A. ESMC § 15 -5D -7F is amended to read as follows: "Building Area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR may be granted for properties east of Sepulveda Boulevard only, with approval of a transfer of development rights (TDR) plan. A maximum FAR of 1.96 is permitted for the property referred to as 455 Continental Boulevard (Assessor's Parcel Number 4138 - 007 -043), pursuant to Development Agreement No. 01 -3." B. The City Council renews, extends, and amends the Grand Way Development Agreement by and between the City of El Segundo and Mattel, Inc as set forth in attached Exhibit 'A," which is incorporated into this ordinance by reference. C. Subject to the conditions listed on the attached Exhibit "B," which are incorporated into this Ordinance by reference, the City Council approves Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3. SECTION 5: 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 6: 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 4 31 ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 17th day of February, 2004. Mike Gordon, Mayor APPROVED AS TO FORM: Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1373 was duly introduced by said City Council at a regular meeting held on the 3rd day of February 2004, 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 17th day of February, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk PAPlanning & Building Safety \PROJECTS \551- 575 \EA -559 \Final Council approved documents \EA- 559.ord.fnal.doc n s w. City Council Ordinance No. 1373 EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of El Segundo City Hall - 350 Main Street El Segundo, California 90245 SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT By and Between THE CITY OF EL SEGUNDO a municipal corporation, and MATTEL, INC., a Delaware corporation THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 33 City Council Ordinance No. 1373 EXHIBIT A SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of this day of , 2003, by and between MATTEL, INC., a Delaware corporation ( "Mattel "), and the CITY OF EL SEGUNDO, a municipal corporation organized and existing under the laws of the State of California ( "City "). RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute "), which authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property to establish certain development rights regarding the development of such property. B. On or before May 24, 1984, City, pursuant to the requirements of the California Environmental Quality Act (Public Resource Code Sections 21000 et sue.) ( "CEQA "), prepared an environmental impact report entitled "Environmental Assessment EA 032" (the "EIR ") for the proposed development on certain real property located in the City of El Segundo, County of Los Angeles, as more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Original Property ") of a mixed use project containing approximately 740,000 square feet of commercial space consisting of a 300 -room hotel and two 14 -story office towers (the "Original Project "). The EIR provided the required analysis of the environmental effects which could be caused by the Original Project and set forth those mitigation measures which would eliminate or reduce to an acceptable level the adverse environmental impacts associated therewith. C. On June 14, 1984, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2096 (passed and approved by title on June 14, 1984 and adopted on September 26, 1985), certified the final FIR as complete, adequate and accurate and imposed certain mitigation measures as conditions of approval to City's issuance of building permits for the Original Project and the development of the Original Property. D. On March 14, 1985, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2098, approved Tentative Parcel Map No. 16854, conditionally permitting and subsequently resulting in the subdivision of the Original Property into three separate parcels designated as Parcels 1, 2 and 3 on Exhibit "B" attached hereto (and referred to herein as "Parcel 1," "Parcel 2" and "Parcel 3," respectively). 34 City Council Ordinance No. 1373 EXHIBIT A E. On September 18, 1985, City and G & E /Grandway Venture, a California general partnership ( "Original Developer "), entered into that certain Development Agreement (the "Original Development Agreement) for the Original Project. which was recorded on October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229561. Concurrently with the execution of the Original Development Agreement, City and Original Developer entered into that certain Agreement Affecting Real Property ( "Agreement Affecting Real Property "). The City and Original Developer also entered onto that certain Subdivision Agreement dated September 18, 1985 and recorded on October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229563 in connection with the City's final approval of Parcel Map No. 16854. Concurrently with the execution of the Original Development Agreement, City and Original Developer entered into the following instruments setting forth certain restrictions and covenants governing the development and use of the Original Property: (i) that certain Declaration of Covenants, Conditions, Easements and Restrictions for the Grandway dated September 13, 1985 and recorded October 18, 1985 in the Official Records of Los Angeles County as Instrument No. 85- 1229559, as amended by that certain First Amendment of Declaration of Covenants, Conditions, Easements and Restrictions for the Grandway dated April 22, 1988 and recorded May 25, 1988, as Instrument No. 88- 835252, and as further, amended by that certain Second Amendment of Declaration of Covenants, Conditions, Easements and Restrictions dated November 5, 1990 and recorded November 6, 1990 as Instrument No. 90-1870313 (as amended, the "CC &R's "); and (ii) that certain Easement Agreement and Declaration of Restrictions dated September 18, 1985 and recorded October 18, 1985 as Instrument No. 85- 1229562 (the "Easement Agreement "). F. Following the execution of the Original Development Agreement, Original Developer transferred its title to each of the parcels comprising the Original Property and transferred its rights to develop each parcel under the Original Development Agreement to each transferee. City consented to the transfer of the rights under the Original Development Agreement in a letter agreement between City and Original Developer dated April 2, 1986. G. Subsequently, the City issued to such owners building permits for the development of the hotel on Parcel 1 and the 14 -story office building and parking garage on Parcel 2 after payment of all appropriate fees. H. As of the date of this Agreement, the hotel, parking garage and office building have been constructed on Parcels 1 and 2, respectively, and certificates of occupancy have been issued for those parcels. Construction of the hotel, parking garage and office building on Parcels 1 and 2 is referred to herein as "Phase I ". Parcel 1 and Parcel 2 are collectively referred to herein as the "Phase I Property ". I. In or about October 1989 Mattel acquired ownership of Parcel 2 from Sutter Hill - Grandway Partners. Mattel established and continues to operate its corporate headquarters in the building constructed on Parcel 2 during Phase I. J. In or about December, 1988, ESD Associates, a California limited partnership ( "ESD ") purchased Parcel 3 from a successor to Original Developer. In connection with ESD's purchase of the Property and the assignment of the rights, benefits and obligations with respect to 3r v -2- City Council Ordinance No. 1373 EXHIBIT A Parcel 3 under the Original Development Agreement and the other existing agreements with City relating to the development of Parcel 3, City executed and delivered to ESD an Estoppel Certificate dated December 7, 1988 ( "City's Certificate "). K. On July 24, 1990 and July 26, 1990, City issued to ESD building permits for the approximately 300,000 square foot, 14 -story office tower and the parking garage, respectively, to be built as Phase II of the Original Project (the "Phase II Original Project "). L. On September 7, 1993, the City, ESD and Mattel entered into that certain First Amended and Restated Development Agreement (the "First Amendment ").. As used herein, the term "Original Development Agreement" shall include the First Amendment. M. In 1993 Mattel acquired Parcel 3 from ESD. N. In or about February 1997 Mattel acquired ownership to real property located at 1955 East Grand Avenue in the City of El Segundo as more particularly described on Exhibit "C" attached hereto and depicted on Exhibit "D" attached hereto (the "Grand Property "). Mattel desires to develop the Grand Property as set forth in more detail in Section 2 below as part of this Agreement. The Grand Property and Parcel 3 are referred to herein as the "Phase Il Property." Development of the Phase II Property as set forth in Section 2 below is referred to herein as the Phase II Project." O. On July 26, 2001, Mattel submitted to the City an application requesting an extension of the Original Development Agreement which according to its terms was set to expire on September 7, 2001. In June 2003, Mattel submitted to the City applications for a General Plan Amendment and a Zone Text Amendment, which are necessary for the development of the Grand Property as proposed. The City has also conducted an environmental study for the Phase II Project pursuant to the requirements of the California Environmental Quality Act ( "CEQA "). P. City finds the Phase II Project to be in the best interests of the City in that it will encourage the relocation of desirable office and technical service business, research and development, and employment and economic growth in the City. Q. City and Mattel now desire to enter into this Agreement to ensure that Mattel shall have the right to develop the Phase II Property in accordance with this Agreement and Environmental Assessment No. 559, General Plan Amendment No. 03 -3, and Zone Text Amendment No.03 -2 (collectively "Project Approvals "), thereby eliminating uncertainty in planning for and securing orderly development of the Phase II Property and assuring Mattel of its ability and right to develop the Phase II Property as set forth herein. The execution of this Agreement will also ensure a desirable and functional community environment, providing the infrastructure and public services for the development of the Phase II Property, and assure the attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens and otherwise achieving the goals and purposes of the Development Agreement Statute NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties -3- 36 City Council Ordinance No. 1373 EXHIBIT A agree that the Original Development Agreement is amended, superseded and restated as set forth herein and the parties agree as follows: AGREEMENT Section 1. General Provisions. 1.1 Effective Date. This Agreement shall become effective 30 days following the adoption of the ordinance approving this Agreement ( "Effective Date "). 1.2 Term. The term of this Agreement shall commence upon the Effective Date and Mattel shall have eight years following the Effective Date to obtain building permits, unless this Agreement is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual written agreement of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. Once Mattel has obtained its building permits and Mattel has commenced construction of the Phase II Project, Mattel shall have the right to complete the construction activities allowed for under this Agreement until the later of (i) the expiration of the building permits (including any extension to the term of the building permits which City may grant, provided the Director of Community, Economic and Development Services receives notice of the application for extension), (ii) the expiration of the Term of this Agreement or, (iii) the Phase II Project is complete, unless sooner terminated as provided for herein. 1.3 Covenants Run With the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder (a) is for the benefit of such Phase II Property and is a burden upon the Property, (b) runs with the Phase II Property, and (c) is binding upon each successive owner during its ownership of the Phase II Property or any portion thereof, and each person having any interest therein derived in any manner through any owner of the Phase II Property or any portion thereof, and shall benefit such party and the Phase 11 Property hereunder, and each other person succeeding to an interest in such Phase II Property. 1.4 Amendment of Agreement. This Agreement may be amended from time -to -time by mutual consent of the parties in accordance with the provisions of Government Code Sections 65867 and 65868. Section 2. General Development of the Property. 2.1 Development of the Phase I1 Property. Except as otherwise provided in this Agreement, Mattel shall develop on the Phase II Property the Phase II Project consisting of (i) a commercial structure containing up to a maximum of 300,000 square feet (which is a floor area ratio of 1.96:1) and a -4- City Council Ordinance No. 1373 EXHIBIT A height not to exceed fourteen (14) stories (200 feet) and a parking structure to be located on Parcel 3 of the Phase II Property and (ii) a parking structure and two commercial structures containing up to a combined maximum of 174,240 square feet (which is a floor area ratio of 0.8:1) of office space not to exceed four (4) stories to be located on the Grand Property (collectively, the "Improvements ") in accordance with the terms of this Agreement. The Improvements shall be similar to those depicted in the site plan and elevations attached hereto as Exhibit "E" (collectively, the "Site Plans ") (nothing herein, however, shall require the inclusion of the connector to the existing office tower on Parcel 2) and shall be compatible with the existing office tower located on Parcel 2 in terms of setbacks, firelanes, aesthetics (including but not limited to, external color scheme and landscaping treatment). In addition to the foregoing, the Property shall be developed in compliance with the applicable restrictions and covenants set forth in (i) the CC &R's; (ii) the Easement Agreement; (iii) that certain Declaration of Grant of Easements dated April 10, 1986 as Instrument No. 86- 465380, as amended by that certain First Amendment to Declaration of Grant of Easements dated December 28, 1987 and recorded on December 31, 1987 as Instrument No. 87- 2053517 (as amended, the "Grant of Easements "); (iv) that certain Declaration of Covenants, Conditions and Restrictions dated November 9, 1971 and recorded on December 8, 1971 as Instrument No. 3663; (v) that certain Declaration of Covenants and Conditions and Grant of Easements dated October 6, 1986 and recorded on October 6, 1986 as Instrument No. 86- 1341360; and (vi) the Agreement Affecting Real Property, as amended. To the extent the above covenants and restrictions are inconsistent with this Agreement or the Project Approvals, this Agreement and the Project Approvals shall be the controlling documents. 2.2 Use of the Property. The Phase II Property may be used for any purposes currently permitted under the existing General Plan and applicable Zoning Ordinances, including without limitation general office and technical services and research and development. City and Developer hereby agree that the uses described on Exhibit "F" shall constitute research and development use for purposes of this Agreement, the General Plan and Zoning Ordinances. Prior to the time that physical construction of the Phase II Project commences, that portion of the Phase II Property commonly known as Parcel 3 may continue to be used as a private recreational park. The Grand Property may also continue to be used by Mattel as meeting and exhibition space for marketing purposes. 2.3 Parkin ¢. Mattel shall construct on Parcel 3 of the Phase II Property a parking structure not to exceed eight (8) stories containing a sufficient number of parking spaces to maintain on the Property a ratio of two (2) parking spaces per 1,000 square feet of technical services /research and development space (with a ratio of 3.5 parking spaces per 1,000 square feet of general office space not related to the technical services /research and development uses). Such parking structure shall be constructed on a portion of the Property abutting the existing parking structure located on Parcel 2, as shown on the Site Plans. A certificate of occupancy for the improvements on Parcel 3 shall not be issued until such parking structure is completed. Mattel shall also construct a two level parking structure with approximately 894 parking spaces on the Grand Property, as shown on the Site Plans. Parking on the Grand Property shall be in conformance with El Segundo Municipal Code regulations. The parking structure must be completed before a certificate of occupancy will be issued by the City for the improvements on the Grand Property. 2.4 Changes in Phase II Project. Except as hereinafter set forth, no change, modification, revision or alteration may be made in the approved Phase II Project without review and approval by City or those agencies or commissions of City which were required to approve the Phase II Project in the first -5- 38 City Council Ordinance No. 1373 EXHIBIT A instance. A change, modification, revision or alteration in the approved Phase II Project is not effective until the parties amend this Agreement to incorporate such. Minor modifications to the approved Phase II Project which are within the discretion of the Director of Community, Economic and Development Services shall be permitted and do not require an amendment to this Agreement if consented to both by Mattel and the Director of Community, Economic and Development Services. "Minor Modifications" shall mean any change which does not materially affect land use, density, traffic, floor area ratio, or intensity of use and which is within the power of the Director of Community, Economic and Development Services to make without Planning Commission review under City's then current rules, regulations and official policies. 2.5 Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements and other requirements applicable to development of the Property are those rules, regulations and official policies in force on the effective date of this Agreement However, to the extent any such rules, regulations or policies conflict with the provisions of this Agreement or the Project Approvals , this Agreements and the Project Approvals shall be the controlling documents. The applicable Building, Fire, Plumbing, Electrical and Mechanical codes shall be those in effect when applications for building permits are submitted. 2.5.1 The parties hereto agree that under Section 65866 of the Government Code, the rules, It is expressly understood and agreed that the terms, rules, regulations, and official policies are to be construed broadly and include any ordinance, resolution, rule, regulation, law, plan, policy, moratoria, initiative, referendum, or condition of approval which directly or indirectly affect any aspect of the development and design of the Improvements on the Property, including but not limited to any of the foregoing which would limit the timing of the construction of the Phase II Project, or place quotas on development occurring within a given period. In this regard, it is expressly understood that, unless amended or canceled as provided in this Agreement, this Agreement is enforceable by any party to it notwithstanding among other things, a change which has occurred since the Effective Date of this Agreement, in the applicable general or specific plan, zoning, or subdivision regulations adopted by City which alter or amend the rules, regulations or official policies governing permitted uses of the Phase II Property, density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and other development standards. City hereby agrees that the land uses set forth in, and contemplated by, this Agreement are approved or will be approved pursuant to the terms of this Agreement, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria generally required of developers by City for processing applications for developments. The parties agree to cooperate in processing and obtaining all necessary approvals and permits for the development of the Phase 1I Project and take such other actions as are necessary to carry out the intent of this Agreement. 2.5.2 This Agreement does not prevent City, in subsequent actions applicable to the Property, from applying new rules, regulations and official policies which do not conflict with those rules, regulations and official policies applicable to the Property as set forth in this Section. This Agreement also does not preclude the application to the development of the Property of 6 39 City Council Ordinance No. 1373 EXHIBIT A changes in rules, regulations, laws and official policies which are deemed necessary by City to serve health and safety interests of the public, as supported by appropriate findings, or which are specifically mandated and required by changes in state or federal statutes or regulations, as provided for in Government Code Section 65869.5 (collectively, the "Reserved Powers "). In the event any such changes prevent or preclude compliance with one or more provisions of this Agreement, City and Mattel shall take such action as may be required pursuant to Sections 2.4 and 6.5 of this Agreement. This Agreement does not prevent City from denying or conditionally approving any other development project not involving either the Phase II Project or the development of the Phase II Property, on the basis of existing or new rules, regulations and official policies 2.6 Subsequent CEOA Review. Any changes to the Phase II Project deemed to be "substantial changes" pursuant to Public Resources Code § 21166 shall require full compliance with the California Environmental Quality Act ( "CEQA ") as determined by City. Upon CEQA compliance any such change shall require Phase II Project approvals pursuant to the rules then in effect and amendment of this Agreement to reflect said change. If mitigation required pursuant to CEQA compliance requires modification to the development of the Improvements, said modification shall be governed by the provisions of Section 2.4. 2.7 Public Benefits. Fees and Other Exactions. Mattel shall pay all of the development fees for the Phase II Property as set forth in Exhibit G. These development fees are based upon the fees that the City currently has in effect and represent a credit to Mattel with respect to fees paid towards the development of Parcel 3 under the Original Development Agreement. The developer shall reimburse the City for all of the City's Attorneys fees and costs incurred with respect to work performed for the Phase II Project. The developer shall be provided with an invoice reflecting the total amount due which shall not contain any detailed billing information with respect to the work performed by the City's attorneys. 2.8 Reservations of Authority. Notwithstanding any other provision of this Agreement, Sections 2.5 and 2.7 herein shall not apply to the following matters relating to the development of the Phase II Property: 2.8.1 Plan check and building permit fees imposed by City to cover the estimated actual costs to City of processing applications for development approvals for the site, provided that such fees shall be consistent with plan check and building permit fees charged by the City on a City -wide basis. 2.8.2 Regulations governing construction standards and specifications including, without limitation, the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code and Standard Specifications for Public Works Contracts. 2.8.3 It is acknowledged by the parties that other public agencies and entities not within the control of City may possess authority to regulate aspects of the development of the Phase II Project and the Phase II Property, including the imposition of conditions, exactions, 40 City Council Ordinance No. 1373 EXHIBIT A dedications and fees, and this Agreement does not limit the authority of such other public agencies and entities. 2.9 Sales and Use Tax. (a) In the event the contract price for any work on the Phase II Project is valued at five million dollars ($5,000,000) or more, Mattel agrees to report on a State Board of Equalization Tax Return, any purchases or tangible personal property made in connection with the finishing of and/or installation of materials, or fixtures for the Phase II Project, when such purchases were made without sales or use tax due. Mattel shall indicate the City as a registered job site location on the State Board of Equalization Tax Return. In such event, Mattel shall also obtain a permit or a sub - permit from the State Board of Equalization indicating the City as the registered job site location, in accordance with State Board of Equalization Operations Memorandum No. 1023. (b) Mattel further agrees that if Mattel retains contractors or subcontractors to perform a portion of work in the Phase II Project, and said contracts or subcontracts are valued at five million dollars ($5,000,000) or more, said contracts or subcontracts shall contain the provisions set forth in Subsection (a) above. (c) The Director of Administrative Services of the City is authorized to relieve Mattel, and Mattel's contractors and subcontractors, from the requirements set forth in this Section 6.7 upon proof to the reasonable satisfaction of the Director of Administrative Services that Mattel and /or its contractors or subcontractors have made good faith efforts to obtain said permit or sub - permits, but were denied the same by the State Board of Equalization. Section 3. Certificate of Completion, Mortgage Protection Estoppel Certificate 3.1 Certificate of Completion. 3.1.1 Upon written request by Mattel after completion of all construction and development of the Phase II Project in accordance with this Agreement and inspection of all Improvements by City and its determination that all are acceptable, the Director of Planning and Building and Safety of City shall furnish Mattel with a Certificate of Completion (the "Certificate of Completion "). The Certificate of Completion shall not be unreasonably withheld and shall be in a form as to permit it to be recorded in the office of the County Recorder of Los Angeles County. The Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction contemplated by this Agreement, and of full compliance with the terms of this Agreement. After issuance of the Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Phase II Property or the Improvements shall be deemed to have satisfied its obligations under this Agreement. Such party shall nonetheless be bound by any covenants as are recorded and expressly made to survive the execution and delivery of the Certificate of Completion and any owner of the Phase II Property in fee shall be subject to the indemnification of City as required herein by Paragraph 7A during the term of that ownership interest. 41 City Council Ordinance No. 1373 EXHIBIT A 3.1.2 A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Mattel to any holder of a mortgage, deed of trust or other security instrument (collectively, "Mortgage "), or any insurer of, a Mortgage securing money loaned to finance the Improvements, or any part thereof (such holder and such insurer are collectively referred to herein as "Mortgagee "), or as a notice of completion as referred to in the California Civil Code Section 3093, or with the requirements for a Certificate of Occupancy as defined in City's building code. 3.2 Mortgagee Protection; Certain Rights of Cure. 3.2.1 Mortgagee Protection. No breach hereof shall render invalid, the lien of any Mortgage made in good faith and for value. A Mortgagee who acquires title to the Phase II Property, or any portion thereof, by foreclosure, trustee's sale, or by deed in lieu of foreclosure, shall have the right to assume the rights, benefits, and obligations of this Agreement if it executes an assumption agreement as provided for in Section 4.2.5 of this Agreement. 3.2.2 Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of the Improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee, unless assuming the obligations under this Agreement pursuant to an assumption agreement with City, shall not be entitled to devote the Phase II Property to any uses or to construct any improvements thereon other than those uses or improvements permitted under then applicable laws, rules, regulations and official policies. 3.2.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default (as defined in Section 6 below) given to Mattel hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Mattel, any notice given to Mattel, with respect to any claim by City that Mattel has committed a default. Each Mortgagee shall have the same right (but not the obligation) as Mattel to cure or remedy, or to commence to cure or remedy, the default claimed in City's notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall, at its option, seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure the default within ninety (90) days after obtaining possession. If any such default, cannot, with diligence, be remedied or cured within such ninety (90) day periods, then such Mortgagee shall have such additional time as City shall determine in its sole discretion that may be reasonably necessary to remedy or cure such default if such Mortgagee commences cure during such ninety (90) day period, and thereafter diligently pursues completion of such cure to the extent possible. 3.3 Estoppel Certificate. Any party may, at any time, and from time -to -time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such 9_ 42 City Council Ordinance No. 1373 EXHIBIT A defaults. A party receiving a request hereunder shall execute and return such certificate within fifteen (15) days following the receipt thereof. The Director of Community, Economic and Development Services of City shall have the right to execute any certificate requested by Mattel hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and any Mortgagee. Section 4. Transfers and Assignments. 4.1 Assi ngnment. Mattel shall have the right, with the approval of City, which shall not be unreasonably withheld, to sell, transfer or assign the Phase II Property in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations, if any, arising under or from this Agreement and be made in strict compliance with the following conditions precedent; provided, however, any such assignment shall not relieve Mattel of its duties and obligations hereunder unless the consent of City is obtained to the assignment, sale or transfer and the assignee, buyer or transferee executes an assumption agreement satisfactory to City as hereinafter provided in this Agreement. Prior to any sale, transfer or assignment, City shall consent thereto. Mattel shall notify City in writing of such proposed sale, transfer or assignment and shall provide City with a form of agreement, reasonably acceptable to City, to be executed by the purchaser, transferee or assignee, providing that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations, if any, of Mattel under this Agreement. City shall be entitled to consider the purchaser's, transferee's or assignee's ability to complete the Phase II Project including the purchaser's, assignee's or transferee's financial capability. City's consent shall not be unreasonably withheld or delayed. City shall promptly review such documents and factors. Mattel shall be fully responsible for its obligations, if any, under this Agreement until City shall accept an executed assumption agreement from the purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Mattel under this Agreement. The benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such assumption agreement is executed. 4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, Mattel shall continue to be obligated under this Agreement unless Mattel is given a release in writing by City, which release shall be provided by City, upon the full satisfaction by Mattel of all of the following conditions: 4.2.1 Mattel no longer has a legal or equitable interest in all or any part of the Phase II Property. 4.2.2 Mattel is not then in default under this Agreement. 4.2.3 Mattel has provided City with the notice and executed agreement required under 4A(2) above. 10_ 43 City Council Ordinance No. 1373 EXHIBIT A 4.2.4 The Purchaser, transferee or assignee provides City with a fully executed assumption agreement, in a form satisfactory to City, by which it fully assumes all of the burdens and obligations, if any, of this Agreement as to the Phase II Property or portion of Phase II Property sold, transferred or assigned. 4.3 Authority for Consent. For purposes of this Section 4, whenever the approval, consent, release or action by the City is required or desired hereunder the City Manager or his or her designee shall have the full right and authority to take such action on behalf of the City. [Discuss with Mary] Section 5. Administration of Agreement. 5.1 Annual Review of Compliance. The City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith compliance by Mattel with the terms and conditions of this Agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement pursuant to California Government Code Section 65865.1. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. 5.2 The City shall provide the Mattel (60) days prior written notice of such periodic review. Such notice shall require Mattel to demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may be reasonably requested by the City, as deemed to be required in order to ascertain compliance with this Agreement. Section 6. Default, Remedies and Termination. 6.1 Termination of Agreement for Default of Mattel. In addition to whatever other legal or equitable remedies it may have, City may terminate this Agreement for any failure of Mattel to perform any material duty or obligation of Mattel under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default'); provided, however, City may terminate this Agreement pursuant to this Section only after providing written notice to Mattel of default setting forth the nature of the default and the actions, if any, required by Mattel to cure such default and, where the default can be cured, Mattel has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 -day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 -day period and to diligently proceed to complete such actions and cure such default. 6.2 Termination of Agreement for Default of City. As its sole remedies, Mattel may either seek specific performance of its rights hereunder or terminate this Agreement in the event of a default by City in the performance of a material duty or obligation of City under this Agreement or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default'); provided, however, Mattel may terminate this Agreement pursuant to this Section only after providing written notice to City of default setting forth the nature of the default and the action, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured 44 City Council Ordinance No. 1373 EXHIBIT A within such 30 -day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 -day period and to diligently proceed to complete such actions and cure such default. 6.3 Excuse for Performance. Mattel's nonperformance shall not be excused because of a failure of a third person, unless such failure is by a person within the control of City or performance is otherwise excused under this Agreement. Adoption of a law or other governmental activity making performance by Mattel unprofitable or more difficult or more expensive does not excuse the performance of the obligation by Mattel, except that City may not adopt any rules, regulations or official policies applicable to the development of the Phase II Project which would be in conflict with this Agreement. 6.4 Termination By Mattel Not Based Upon Default. Mattel may terminate this Agreement at any time before breaking ground on the Phase II Project contemplated by this Agreement by giving City thirty (30) days prior written notice. 6.5 Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party of obligations hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots or other industrial disturbance, floods, earthquakes, the discovery and resolution of hazardous waste or contaminants or material geologic, hydrologic, archaeologic or paleontologic problems, fires, explosions or casualties, acts of God, acts of the public enemy, unusually severe weather, governmental action, governmental delay, restraint or inaction, enactment of state or federal statutes, regulations or ordinances, pending litigation, judicial decisions, initiatives, referenda, inability to obtain suitable equipment, materials or contractors, market conditions, or any other causes, whether of the kind specifically enumerated or otherwise which is not within the reasonable control of the party to be excused. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended by mutual written agreement of the City and Mattel. Section 7. Insurance and Liability. 7.1 Hold Harmless and Indemnity. Mattel agrees to and shall defend and hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage, including attorneys' fees and litigation costs, for personal injury, including death, and claims for property damage which arise from the operations of the Mattel, or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf and its officers, agents, employees and representatives, in connection with the development of the Phase II Project including, but not limited to, the study, design, engineering or construction of the Phase II Project, except for any liability arising out of the negligent or intentional acts or omissions of City or its employees, agents or independent contractors. 7.2 Insurance. Before commencing construction of the Phase II Project on the Property, Mattel shall obtain the insurance described in 7.2.1 and 7.2.2 herein which insurance shall be reasonably approved by the City Attorney as to form, amount and carrier. Mattel shall maintain its insurance during the construction of the Phase II Project. Proof of said insurance shall be provided to the City Attorney 45 -12- City Council Ordinance No. 1373 EXHIBIT A prior to commencement of any construction hereunder. City shall receive 30 days prior written notice of cancellation of any insurance policy provided hereunder. 7.2.1 Compensation Insurance. Mattel shall maintain Worker's Compensation insurance for all persons employed by Mattel at the Phase II Property. All contracts entered into by Mattel with any contractor or subcontractor performing work at the Phase II Property shall require such contractor or subcontractor to provide Worker's Compensation insurance for their respective employees. 7.2.2 Public Liability and Property Damage Insurance. Mattel shall maintain public liability insurance in an amount not less than $1,000,000 for injuries (including death) to any one person and subject to the same limit for each person in an amount not less than $3,000,000 on account of any one occurrence; and property damage insurance in an amount of not less than $1,000,000 for damage to the property of each person on account of any one occurrence. Section 8. Legal Actions. 8.1 Third Party Litigation Concerning Agreement. Mattel, at its expense, including attorneys' fees, shall defend, indemnify, protect and hold harmless City, its agents, officers and employees, from any claim, action or proceedings against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, the Project Approvals, the approval of any permit granted pursuant to this Agreement or the Project Approvals, or any other action taken by the City with respect to implementing this Agreement or the Project Approvals.. City shall promptly notify Mattel of any such claim, action or proceeding, and City shall cooperate in its defense. If City fails to promptly notify Mattel of any such claim, action or proceeding, or if City fails to cooperate in the defense, Mattel shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. 8.2 Reservation of Rights. With respect to Section 8.1 herein, City reserves the right to either (1) approve the attomey(s) which Mattel selects, hires or otherwise engages to defend hereunder, which approval shall not be unreasonably withheld; or (2) conduct its own defense; provided, however, that Mattel shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing (not including specific detailed attorney billing entries) and accounting therefor. If City elects to conduct its own defense at Mattel's expense, Mattel shall have a right of approval over counsel chosen by City. However, Mattel shall not unreasonably withhold that approval. 8.3 Attorneys' Fees. If either party brings an action or proceeding (including without limitation, any cross - complaint, counterclaim, or third -party claim) against the other party for breach of this Agreement or to enforce any provision of it, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees. 8.4 Certain Obligations Not Recourse. Notwithstanding anything to the contrary herein contained, no elective or appointive board, commission, officer, agent or employee of the City, shall be personally liable upon any of the obligations of City. 13- C) City Council Ordinance No. 1373 EXHIBIT A 8.5 Survival. The provisions of this Section 8, inclusive, shall survive for a period of eight years following the termination of this Agreement. Section 9. General Provisions. 9.1 Notices, Approvals, Consents. Any notice, approval or consent required or permitted by this Agreement to be given or delivered to any party shall be in writing and deemed to have been received when personally delivered, upon telephonic confirmation of receipt following delivery by facsimile, one business day following delivery by overnight express or seventy-two (72) hours following deposit of the same and any United States Post Office, registered or certified, postage prepaid, addressed as follows: City: City of El Segundo 350 Main Street El Segundo, California 90245 Attention: City Clerk With a copy to: Burke, Williams & Sorensen 611 W. Sixth Street, Suite 2500 Los Angeles, California 90017 Attn: Mark Hensley, Esq. Mattel: Mattel, Inc. 333 Continental Boulevard El Segundo, California 90245 Attention: Legal Department With a copy to: Allen Matkins Leek Gamble & Mallory LLP 515 S. Figueroa St. 7`h Floor Los Angeles, California 90071 Attn: Jerry B. Neuman 9.2 Exhibits. All exhibits attached hereto are incorporated by this reference as if fully set forth herein. 9.3 Terms. As used herein, the singular includes the plural; the masculine gender includes the feminine; "shall' is mandatory, "may" is permissive. 9.4 Venue. City and Mattel understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 9.5 Entire Agreement. This Agreement and the Project Approvals represent the complete, final, entire and exclusive expression of the agreement between the parties with respect to the subject matter hereof and supersede any and all other agreements, either oral or in writing with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representations by any party _14_ 4 City Council Ordinance No. 1373 EXHIBIT A which are not embodied herein and that no other agreement, statement, or promise not contained or referenced in this Agreement shall be valid and binding. [SIGNATURES APPEAR ON FOLLOWING PAGE] i • -IS- City Council Ordinance No. 1373 EXHIBIT A IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Attest: City Clerk (Seal) APPROVED AS TO FORM: City Attorney CITY: CITY OF EL SEGUNDO, a municipal corporation 0 Mayor MATTEL: MATTEL, INC., a Delaware corporation 0 Name: Title: 16- 49 City Council Ordinance No. 1373 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On EXHIBIT A )ss. 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF LOS ANGELES On (This area for official notarial seal) )ss. 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature -17- (This area for official notarial seal) 50 City Council Ordinance No. 1373 EXHIBIT A STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On , 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF LOS ANGELES On (This area for official notarial seal) )ss. 2004 before me, the undersigned, a Notary Public in and for the said State and County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal) -18- 51 City Council Ordinance No. 1373 EXHIBIT A LIST OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF ORIGINAL PROPERTY EXHIBIT "B" DEPICTION OF ORIGINAL PROPERTY EXHIBIT "C" LEGAL DESCRIPTION OF GRAND PROPERTY EXHIBIT "D" DEPICTION OF GRAND PROPERTY EXHIBIT "E" SITE PLANS EXHIBIT "F" RESEARCH AND DEVELOPMENT USES EXHIBIT G DEVELOPMENT FEES -19- 59 City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "A" DESCRIPTION OF ORIGINAL PROPERTY Lots 1, 2 and 3 of Parcel Map 16854, in the City of El Segundo, County of Los Angeles, State of California, recorded on October 11, 1985 in Book 181, pages 52 and 53 of Parcel Maps in the Office of the County Recorder of Said County. 53 City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "B" DEPICTION OF ORIGINAL PROPERTY I� 0 Sena •a � f Ui Q cr 511 City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "C" LEGAL DESCRIPTION OF GRAND PROPERTY The real property referred to herein is all that certain real property located in the City of El Segundo, County of Los Angeles, State of California, described as follows: Parcel No. I in the City of El Segundo, County of Los Angeles, State of California, as shown upon Parcel Map No. 10335 filed in Book 94, Pages 96 and 97 of Parcel Maps, in the office of the County Recorder of said county. Excepting from said parcel all oil, gas and other hydrocarbons and other minerals, whether similar to those specified or not, within or that may be produced from said land, with no right or interest of any kind therein, express or implied, in the surface of said land but with the sole and exclusive right from time to time to drill and maintain wells and supporting works into or through said land below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works, oil, gas and other substances of whatever nature including the right to perform any and all operations deemed necessary or convenient for the exercise of said right, as reserved by Standard Oil Company of California, a corporation, in deed recorded June 30, 1969, as Instrument No. 759 in Book D -4419, Page 266 of Official Records. JJ i- City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "D" DEPICTION OF GRAND AVENUE PROPERTY N GRAND AVE. 56 City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "E" PROPOSED SITE PLAN W w m w z < p y %J 6 1yp OO W W W y W JI< LL U< W O y m b Y w pp w W c° r s O~OJ�O O O 6 0 J 6 w 2 W p m t w 0 6 (0 LL m W O i G 60 F (fp; 60 yF wJ <�10. y% p YO 1' YO w J p4 1 U pUb N WO.wLL LL6 OT OLLm6w MF* OLL2.p bb %0w bb6 bb_ 0_ '§= 00J0 U-p W0 9mn4'O p�w� JN b w0 OO 'S3�w W o51 N 02g 02NNww 02NYN OWNS% OiWh 0W 0W 0W6 1 57 -: '011 lViM INOO _ 'A `t1y 1 of I _ ti. I & I I' I Ij I I Lui LiL � _ I ill'Illlllllllll 1�1111111111111111111111'I �� � 1 �.,, 1 U R I .���I� �.LL 1.4.�,.1� I '....I. � , � sm .� iu _.�,__ -. .- Lr -•-_., �. -, __, I rn 57 City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "F" RESEARCH AND DEVELOPMENT USES MATERIALS LABORATORY The Materials Laboratory develops new materials for Mattel product lines. The lab is also responsible for developing product colors and for maintaining Mattel's color library. RECORDING STUDIO The Recording Studio is responsible for the production of taped music, sound effects and dialogue used in toy products MODEL SHOP The Model Shop is responsible for developing models and product duplication masters for all proto -type toys. Models are made from rubber, aluminum and steel molds created on site. Mold creation requires woodworking, plaster casting, welding, machining, paint and epoxy resin operations. SPECIAL TOOLING Special Tooling (roto -cast) is responsible for the development of proto -type molds requiring copper and nickel plating. SAMPLES Samples is responsible for developing and constructing display presentations of new products for presentations, trade shows and toy fairs. In addition, this function is responsible for labeling, repairing and packaging all sample products for shipping. This group also coordinates internal distribution of product to design and development, marketing, sales and packaging staff. Samples utilizes woodworking, paint, and shipping/ receiving resources. CAMERA GRAPHICS Camera Graphics is responsible for the design, layout, paste -up and typesetting of Mattel's catalogues and brochures. This department utilizes photographic dark rooms, silk screening and digital typesetting processes. ULTRASONIC LAB The lab is responsible for testing and engineering of proto -type toys. Testing includes foils, inks, paint and artwork used in new products. In addition, the lab is responsible for the development of etched photo plates. i City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "F" QUALITY & SAFETY ENGINEERING Quality & Safety is responsible for testing new products for reliability and consumer safety. This function utilizes environmental test chambers and flame test processes. FACILITIES Facilities is responsible for building maintenance, custodial and material handling operations. Includes building shop, storage, shipping/receiving areas. DESIGN AND DEVELOPMENT OFFICES Offices and cubicles occupied by designers and others who support Design and Development functions. 59 _z_ City Council Ordinance No. 1373 EXHIBIT A EXHIBIT "G" DEVELOPMENT FEES 1. Police Service Mitigation Fee $0.11 per gross floor area minus a prorated credit of $5,945 for fees paid as part of the Original Development Agreement 2. Fire Service Mitigation Fee $0.14 per gross floor area 3. Library Service Mitigation Fee $0.03 per gross floor area 4. Traffic Mitigation Fee Per City Council Resolution No. 3969 adopted May 21, 1996, minus a prorated credit of $97,170 for fees paid as part of the Original Development Agreement 5. Water Meter Installation Fees Per Title 14 of El Segundo Municipal Code P: \Planning & Building Safety \PROJECTS \551- 575 \EA -559 \Final Council approved documents \development Agreement.final.doe 3_ 60 CITY COUNCIL ORDINANCE NO. 1373 1=17 oil 7ii -3 CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Mattel, Inc. agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Zone Text Amendment No. 03 -2, and Development Agreement No. 01 -3. ( "Project Conditions "). Zoning Conditions 1. Before the City issues a building permit, the applicant must submit plans, which indicate that the project substantially complies with plans and conditions approved and on file with the Department of Community, Economic and Development Services. Any subsequent modification to the project as approved must be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 2. A Landscaping and Irrigation Plan will be submitted by the applicant to the Director of Community, Economic and Development Services, before issuance of any construction related permit. Any new landscaped areas will be provided with a permanent automatic watering or irrigation system and will be permanently maintained in a neat and clean manner. The applicant will incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan will be reviewed and approved by the Director of Community, Economic and Development Services, and installed per the City approved plans by the applicant before the City issues a Certificate of Occupancy. 3. There may be a maximum of 300,000 square feet of new office and research space built on the Phase II parcel along with a maximum 8 story parking structure. There may be a maximum of 174,240 square feet of new office and research space built on the 1955 East Grand Avenue parcel along with a maximum 3 story parking structure as shown on the plans on file in the Community, Economic, and Development Services Department. Prior to any construction occurring on the 1955 East Grand Avenue parcel, the existing 55,000 square foot building will be completely demolished and removed from the site. 4. The applicant must record the Amended Development Agreement before the issuance of building for either Phase II or 1955 E. Grand Avenue parcels. 2 is 5. The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between Phase I, Phase II and 1955 E. Grand Avenue parcels. Such agreement shall be recorded before the issuance of a Certificate of Occupancy for a building for either Phase II or 1955 E. Grand Avenue parcels. Public Safety Conditions 5. Before building permits are issued, the applicant must submit a photometric light study to the Police Department for review and approval. 6. Addressing for the office buildings and parking structures must be a minimum of 6 to 24 inches high, visible from the street, of contrasting color to the background and illuminated during hours of darkness. 7. Bike racks must be located in a busy, well -lit location to provide optimum security for persons and property. 8. All landscaping must be low profile around perimeter fencing, windows, doors, and entryways taking special care to not limit visibility and to not provide climbing access. Floral or grass ground cover is recommended. Bushes should be trimmed to 1 to 2 feet in height and away from buildings. Dense bushes should not be clumped together, as this provides a hiding place for criminal activity. Trees should be trimmed up to 7 feet. Berms, especially those with landscaping on top are not recommended as they provide concealment to commit crimes. 9. Trash bins located outside of the buildings should be enclosed with wrought iron or steel tubular fencing. Dumpsters not enclosed with this type of fencing must be constructed in a way which fully encloses the dumpster. All enclosure gates must be locked and have a wall pack or light standard to provide security lighting directly over the dumpster. 10. Employee parking should not be located by shipping /receiving docks or dumpsters. 11. Permanently affixed ladders leading to a roof must be fully enclosed with sheet metal to a height of 10 feet. This covering must be locked against the ladder with a case - hardened hasp and secured with non - removable screws or bolts. Hinges on the cover will be provided with non - removable pins when using pin type hinges. If a padlock is used, it must have a hardened steel shackle, locking at both heel and toe, and a minimum 5 -pin tumbler operation with a non - removable key when in an unlocked position. 12. Loading docks must have wall packs installed directly over the roll -up doors. Roll -up doors should have two interior locking devices located on each side of 3 the door (padlocks or cane bolts can be used). The roll -up doors can have a one -inch by 5 -inch vision panel to view outside before opening the door. 13. Entry and exit for parking lots and structures should be limited to one for control and observation. A perimeter wall or fencing should fully enclose the first level of the parking structure to limit access. Elevators and stairs should be located on the perimeter of parking structures and be enclosed with glass to optimize visibility and security. Openness on two sides is acceptable, four sides would be preferable. 14.A lighting plan shall be reviewed and approved by the Police Department prior to issuance of any building permit. A transitional lighting plan within the parking structures must be submitted indicating a minimum maintained lighting level of two -foot candles on the surface. The lighting level is to be maintained throughout the parking structure, not just on drive aisles. To increase the general brightness of the parking structures, white staining concrete applied to ceilings, walls, and beam soffits is recommended. For areas outside of the parking structures, a minimum of one -foot candle of light on the ground surface must be provided around all sides of the building, throughout the driveways and surface parking areas during hours of darkness. Aisles, passageways and recesses related to and within all sides of the complex must be illuminated with a maintained minimum during hours of darkness. Lighting devices must be enclosed and protected by weather and vandal resistant covers. 15. If parking booths, security cameras, a signal booster, alarms or panic alarms are to be used, a detailed plan should be submitted to the Police Department for review and approval. 16. Double doors must have a secondary locking device, such as a cane or flush bolt in addition to a deadbolt. The inactive leaf of double door(s) must be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 17. Perimeter walls must be a minimum height of six feet and of solid construction. Walls must limit climbing access (i.e. concrete walls must not have varied sections where decorative blocks allow for stepping over the wall or part of the wall consists of wrought iron). Wood, wrought iron or steel tubular perimeters must be six feet high and all horizontal members must be on the inside of the perimeter. Where wrought iron or steel tubular fencing is used, the horizontal members must run along the top and bottom portion of the fence. Building Safety Conditions 18. Before the City issues any permit for construction, the applicant will submit a Geotechnical Report to the Department of Community, Economic and Development Services for review and approval. 4 63 19. Before the City issues any permit for construction, the applicant will submit a Grading Plan to the Department of Community, Economic and Development Services for review and approval. 20. Before building permits are issued, plans must show conformance with the 2001 California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes. 17. Before building permits are issued, plans will be reviewed for accessibility requirements per Chapter 11 of the 2001 California Building Code. 18. Before building permits are issued, a Storm Water Pollution Prevention Plan (SWPPP) plan must be submitted to the City for review and approval. Design Conditions 19. Before building permits are issued, easements shall be approved and recorded ensuring reciprocal vehicle and pedestrian access between all parcels in the total Grand Way and 1955 E. Grand Avenue projects. 20.The applicant will paint (or colorize) light standards, down drains, equipment enclosures, and similar devices, to coordinate with buildings and similar facilities in the surrounding area. All finishes will be non - reflective. 21. The applicant shall extend the existing TDM program for Phase I of the Grand Way project to the proposed project to increase the convenience and attractiveness of the other transportation alternatives among employees and visitors. The required TDM program shall include the following to achieve vehicle trip reduction goals: a. The applicant shall encourage employee ridership of the Metro Green Line through employee awareness programs and convenient access to schedules and routes. b. The applicant shall provide services, such as the currently provided carpool and vanpool matching through zip code information, reserved parking for employees who carpool or vanpool together, and a guaranteed free ride home should the employee need to work late or leave work early due to family emergency, to facilitate ridesharing. c. The applicant shall maintain a designated employee who provides Transportation Management services. The benefits of the rideshare program shall be communicated through the company intranet. The program shall communicate to new hires during their orientation and periodically through the company newsletter. 22. To address project - related traffic impacts at the Sepulveda Boulevard / Grand Avenue intersection, Mattel must contribute a fair share costs towards the design and construction of a double left -turn pocket for southbound Sepulveda Boulevard and the associated traffic signal street lighting 5 modifications. This work will require approval by Caltrans and Chevron Products Company (who have an oil pipeline easement in Sepulveda Boulevard. Such improvements must be installed before the issuance of a certificate of occupancy for either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 23.The applicant must re- stripe westbound Grand Avenue at Sepulveda Boulevard to convert the outside through lane to an optional shared through / right -turn lane before the approval of any final inspection or issuance of a Certificate of Occupancy either the Phase II or 1955 Grand Avenue buildings, whichever is completed first. 24. Implementation of the project includes modification of the Grand Avenue median to add a left -turn pocket into the project. The applicant must obtain an encroachment permit from the City before construction of this modification. The improvements must be constructed before the issuance of a Certificate of Occupancy for the 1955 East Grand Avenue building. 25.AII construction equipment must be properly tuned and maintained in accordance with manufacturer's specifications. 26. General contractors must maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. Construction emissions shall be phased and scheduled to avoid emissions peaks and discontinued during second — stage smog alerts. Fire Department Conditions 27. Before beginning construction, the applicant will obtain a Fire Lane Permit. Fire lanes must be a minimum of 15 feet from the proposed buildings and a maximum of 35 feet from the buildings. The required fire lane turning radius is 40 feet on the inside radius and 60 feet on the outside radius. 28. Before beginning construction, the applicant will obtain a Fire Main Permit. 29. Before the City issues a building permit, the applicant will submit a Fire /Life Safety Plan to the Fire Chief, for review and approval. The Phase II building must comply with the fire /life safety requirements of the California Fire Code, Article 37, Mid -Rise Buildings, as adopted by the City Fire Department. 30. Before the City issues any construction related permits, the applicant will verify the location and adequacy of fire hydrants, and must provide Knox Box access equipment (padlock or key switch) at access gates to the parking structures. 6 6_5 31. The applicant must obtain the appropriate permits from the South Coast Air Quality Management District (SCAQMD) and the Department of Community, Economic and Development Services for the installation of any paint spray booths in either the Phase II or 1955 East Grand Avenue buildings. 32. The applicant must provide provisions for gas detection and mitigation due to the previous Gough Fee gas storage activities in the surrounding area. 33. The applicant must obtain the appropriate industrial waste treatment permits from the Los Angeles County Sanitation District for any plating operations in either the Phase II or 1955 East Grand Avenue buildings. 34. The applicant must comply with CalOSHA requirements for employee hearing protection during construction of the project. Service Fees 35. Before building permits are issued for each building, the applicant will pay the required sewer connection fees (as outlined in Title 12 -3 of the Municipal Code) if the development requires any new sewer connection. Miscellaneous Conditions 36. Before the issuance of a building permit for either the Phase II or 1955 East Grand Avenue building, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the Director of Community, Economic, and Development Services for reasonable review and approval. Such calculations will not be required if the CMP no longer requires the City to maintain a positive credit balance at the time of issuance of a building permit or Certificate of Occupancy for the either the Phase II or 1955 East Grand Avenue Building. If required, the calculations shall include only programs, which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant shall provide evidence to the Director of Community, Economic, and Development Services that the proposed project CMP debits /credits related improvements were implemented and balanced on the project site in accordance with the approved phasing plan. As may be applicable, the City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 37.The applicant, Mattel, Inc. must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. 38.The applicant, Mattel, Inc. agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3. 7 6 Should the 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 the City approval of Zone Text Amendment No. 03 -2 and Development Agreement No. 01 -3, Mattel, Inc. agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City' includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Mattel, Inc. certifies that it has read, understood, and agrees to the Project Conditions listed in this document. Mark Wing, Mattel, Inc. PAPlanning & Building Safety \PROJECTS \551 - 575 \EA - 559 \Final Council approved documents \EA- 559.ord.final.doc 8 67 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to reject all bids and authorize readvertisement of bid specifications for the Community Center Project. (Estimated Cost = $6,000,000) RECOMMENDED COUNCIL ACTION: 1) Reject all bids; 2) Authorize staff to make modifications to the construction documents and readvertise the project for receipt of construction bids; and /or, 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 18, 2003 the City Council authorized staff to advertise the Community Center project for receipt of bids with an expected bid opening date of January 20, 2004. Since that time, three addendums were made to the project and sent to potential bidders. Because of the complexity of the addendums, the bid opening date was delayed one week to January 27, 2004. On that day, staff received five bids that were over the 6 million dollar construction budget. Staff thinks that there is a possibility for additional cost savings and recommends that City Council reject all bids, authorize staff to make further cost reductions, and readvertise the project for receipt of new bids. ATTACHED SUPPORTING DOCUMENTS: Bid List FISCAL IMPACT: Capital Improvement: $7,138,400 (includes funding in FY 2002 -2003 $500,000) Amount Requested: N/A Account Number: 301 - 400 - 8202 -8490 Project Phase: Bid Appropriation Required: —Yes X No ORIGINATED BY: DATE: Director of Community, Economic and Strenn, City Manager Z / /o /o '+ ;nt Services DATE: �� 5 Staff will make cost reductions to the project by identifying items that can be further reduced in scope and /or placed on an alternate list. The alternate list will give the city an opportunity to decide whether an item should be included in the project after a cost for the item is received. The following is a list of items where staff will focus on making cost reductions: 1. Landscape, except for trees, to be eliminated from bid package and planted by city staff; 2. Kitchen equipment to be eliminated and installed at a later time; 3. Exterior hardscape, but not the playgrounds, to be placed as an alternate; 4. Electrical system to be reduced to the essentials needed with upgrades and extras as an alternate; 5. Interior offices along with ceiling grid to be placed as an alternate; 6. Internet network to be reduced to the essentials needed with upgrades and extras as an alternate; 7. Interior finishes and mill work (cabinets and counters) to be reduced to the essentials needed with upgrades as an alternate; 8. Plumbing fixtures and systems to be reduced to the essentials needed with extras as an alternate; 9. Possible reduction of Mechanical HVAC system to the essentials needed with upgrades and extras as an alternate; 10. Possible reduction of acoustical properties, seating, curtains, and dressing rooms it the Presentation Hall to the essentials needed with extras as an alternate; 11. Possible reduction of structural properties to the essential needed, without affecting structural strength and maintaining building code requirements; 12. Possible reduction of materials used for the stairs and guardrails; Staff will return to City Council in May /June with the apparent low bidder to the project. 6 9 City of El Segundo Bid Opening PW No. 03 -16 El Segundo Community Center Date of Bid Opening: January 27, 2004 Time of Bid Opening: 11:00 A.M. Place of Bid Opening: City Clerk's Office 1. Perera Construction &Design 00 000 p0 a3� 4 50.0 2890 Inland Empire Blvd., #102 Ontario, CA 91764 2. EMMA Corp. 7 150, Opp,00 a 055 5`06. 00 3. Atek Construction 6, 930, 000 1101,0001 ov 4. Comet Electric r]�'7(,`1,000� 0 a& ID00.00 5. Bernards Bros. , a t{ 9, pQ0 �tl a 6 6, 60U,00 A 7. Staff Present: Btdfor 2003 City Clerk's Department City Clerk's Department Rec Park CEDS PW 70 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve the Construction and Maintenance Agreement between the City of EI Segundo, Burlington Northern and Santa Fe Railway Company (BNSF) and the Los Angeles County Metropolitan Transportation Authority (MTA) for the Douglas Street Gap Closure Project - Approved Capital Improvement Program - (estimated cost = $1,634,130). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Douglas Street Gap Closure Project includes construction of a new roadway under the existing BNSF railroad tracks and the MTA's Douglas Street Green Line Light Rail Station. (Background and discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: 1. Construction and Maintenance Agreement. 2. Location map. FISCAL IMPACT: Capital Improvement Program: $4,700,000 Amount Requested: $1,634,130 Account Number: 301 - 400 - 8203 -8949 Project Phase: Construction and Maintenance Agreement Appropriation Required: No ORIGIVE DATE: Feb ruary 102004 D vid , Interim Director of Public Works REVIE ED BY: DATE: ry e , City Manager 02 -17 -04 Approve Construction and Maintenance Agreement between El Segundo, BNSF Railroad, and MTA for Douglas Street Project '71 BACKGROUND & DISCUSSION: (continued) The project includes providing access from the roadway to the Green Line Station, seismic retrofitting for the station's substructure, pedestrian bridge for the station's lower platform, temporary "shoofly" railroad track detour and a grade separation structure I bridge for the railroad tracks above the proposed roadway. Enclosed is a Construction and Maintenance Agreement between the City, BNSF Railroad and the MTA that details the individual responsibilities of the three (3) agencies to implement the project construction. The City will be required to pay from the project funds, the total cost of the work envisioned in this agreement as follows: BNSF: Flagging and inspection costs On -site engineer Construction of 1,536 LF of "shoo -fly" railroad track detour MTA: Engineering review of plans and construction oversight On -site field inspector for project coordination and station utilities relocation during construction BNSF sub -total MTA sub -total TOTAL COST: $ 263,719 $ 9,200 $1,108,491 $1,381,410 $ 140,400 112,320 $ 252,720 $1,634,130 The above costs are eligible for reimbursement by several federal grants currently approved for the project construction. 02 -17 -04 Approve Construction and Maintenance Agreement between El Segundo, BNSF Railroad, and MTA for Douglas Street Project 72 CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY and THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR DOUGLAS STREET GAP CLOSURE, INTERMODAL TRANSIT CENTER AND RAILROAD GRADE SEPARATION PROJECT November 21, 2003 73 CONTENTS ARTICLEI. RECITALS .......................................................................... ............................... 1 ARTICLEH. DEFINTTIONS .................................................................... ............................... I ARTICLE 111. LACMTA RESPONSIBILITIES ........................................ ............................... 2 ARTICLE TV. BNSF RESPONSIBILITIES .......................................:....... ............................... 3 ARTICLE V. CITY RESPONSIBILITIES ................................................ ............................... 4 ARTICLE VI. CONSTRUCTION STANDARDS, OPERATIONS, AND MAINTENANCE................................................................ ............................... 8 ARTICLE VII. INDEMNIFICATION ....................................................... ............................... 10 ARTICLE VIII. MISCELLANEOUS PROVISIONS ................................. ............................... 10 i 7 4 CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT is entered into on 2003 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY"); THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation (`BNSF "); and LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY a body corporate and politic of the State of California ( "LACMTA "). ARTICLE I. RECITALS. Section 1.01 The Parties enter into this Agreement with reference to the following facts, objectives, and understandings: A. LACMTA owns the Harbor Branch Railroad in Los Angeles County including the right - of -way, track and appurtenances, B. BNSF operates a common carrier railroad service on the Railroad ROW and maintains the Railroad right -of -way, track and appurtenances, C. CITY proposes to construct and maintain a segment of Douglas Street within CITY that will (1) connect two disconnected segments of Douglas Street; (2) will pass beneath LACMTA's Green Line Light Rail Structure; (3) will pass beneath the ground level plaza of LACMTA's Green Line Light Rail Douglas Street passenger station and (4) and will cross beneath the Railroad ROW and track upon which BNSF operates the Harbor Branch common carrier railroad. IN CONSIDERATION of the mutual terms, conditions and covenants herein contained, the Parties agree as follows: ARTICLE II. DEFINITIONS Section 2.01 "Project" means all work of every kind and character required in connection with the construction of the segment of Douglas Street, the construction and removal of a shoofly of the BNSF track to accommodate the construction of the underpass; and the construction of the BNSF underpass structure and reconstruction of the Harbor branch main track; the construction of the pedestrian bridge to connect the two several portions of the ground level plaza of LACMTA's Green Line Light Rail Douglas Street passenger station; and the relocation of affected wire lines and pipe lines all as shown on the attached Exhibit's "A" (A -1 through A -6) which are incorporated by reference. Section 2.02 "Railroad Work" means work by BNSF associated with construction of the Project as described in attached Exhibit's `B" (B -1 through B -12; Cost Estimate Detail and B -13 through B -16; Plan Sheets, and means work by LACMTA as described in attached Exhibit "C "J which are incorporated by reference. 75 Section 2.03 "Railroad ROW" means the branch line railroad ri ght of way owned by LACMTA known as the Harbor Branch upon which BNSF Railway operates a common carrier railroad between Mile Post 0.05 in the City of Los Angeles and Mile Post 26.36 in the City of Carson, California. Section 2.04 "Structure" means the aerial structure upon which LACMTA's Metro Green Light Rail Line is operated. ARTICLE III. Section 3.01 Right of Entry. LACMTA RESPONSIBILITIES A. LACMTA grants to CITY a license to enter upon and use that portion of the Railroad ROW needed to construct and maintain the Project. This license is not exclusive and does not prevent LACMTA, or any other third party acting with LACMTA approval, to use the Railroad ROW. B. The license granted to CITY by LACMTA includes the right to construct, operate, maintain, renew, and relocate railroad track(s), utilities, and other similar facilities on, over, or under the surface of LACMTA's Railroad ROW. C. This license is given without warranty of title of any kind, express or implied, and no covenant of warranty of this title will be implied. In case parties owning or claiming title to any interest in the Railroad ROW evict CITY, LACMTA will not be liable to CITY for any damages. The granting of similar rights to others, subsequent to the date of this Agreement, will not significantly impair or interfere with the license granted to CITY pursuant to this Agreement. Section 3.02 Easements. Promptly after executing this Agreement and not later than completion of the Project, LACMTA will grant CITY a permanent and exclusive easement for a depressed roadway, a pump station and drainage across LACMTA's Railroad ROW as described in attached Exhibit "D," which is incorporated by reference. This easement will ensure the unrestricted and uninterrupted right of CITY to construct, operate, repair, maintain, and replace these elements of the Project. Section 3.03 Execute separate contract. A. LACMTA will execute the agreement between CITY's contractor and LACMTA which is attached as Exhibit "F," and incorporated by reference. B. LACMTA will, in association with executing that agreement, promptly approve the required insurance documents following submission by the contractor of documents that in the opinion of LACMTA satisfy the requirements. 76 Section 3.04 Engineering Review. LACMTA will furnish all labor, materials, tools and equipment to perform engineering review of the plans and specifications for the Project and furnish inspectors and flagmen who, in LACMTA's, opinion, may be required for the protection of LACMTA's facilities, light rail train operations or LACMTA's patrons and employees. The estimated cost of said work is set forth on attached Exhibit "C," which is incorporated by reference. ARTICLE IV. BNSF RESPONSIBILITIES Section 4.01 Perform Railroad Work. BNSF agrees to furnish all labor, materials, tools, and equipment, and do the Railroad Work. Should Project construction not begin within six (6) months from the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates of the Railroad Work which will then become part of this Agreement. Costs to relocate BNSF's lessee's (Learned Lumber) improvements will be paid by CITY. BNSF must provide said Lessee's cost estimate to CITY. Section 4.02 Project Construction. A. The principal elements of the Railroad work to be performed by BNSF in the construction of the Project are: 1. Preliminary engineering and contract preparation; 2. Furnishing watchmen and flagmen as may be necessary for the safety of BNSF property and the operation of its trains during Project construction; 3. Furnishing of engineering and inspection as required for Project construction; 4. Construction of a shoofly track; 5. Maintenance of the shoofly track; 6. Removal of the shoofly track and; 7. Removal and replacement of a portion of the Harbor Subdivision Main Track. B. BNSF will perform the Railroad Work as detailed in attached Exhibit `B," which is incorporated by reference, with its own employees working under Railroad Labor Agreements or by contractor(s), if necessary.BNSF's failure to complete 3 17 7 Section 4.03 Cost of Performance. BNSF will perform all work on an actual cost basis. BNSF will provide CITY at Project completion a detailed statement showing the cost of the work performed by BNSF segregated as to labor and materials. BNSF's statement will comply with 23 C.F.R. §§ 140.201- 140.922 and 23 C.F.R. §§ 646.101- 646.220. Section 4.04 Execution of separate contract. BNSF will sign the agreement with CITY contractor which is attached as Exhibit "E -1," and incorporated by reference. BNSF will promptly approve the required insurance documents following submission by the contractor of documents that in the opinion of BNSF satisfy the requirements. ARTICLE V. CITY RESPONSIBILITIES Section 5.01 Easement CITY agrees to furnish a permanent easement to LACMTA for access from public roadways across the 2221Park Place (APN 4138- 011 -006) property to enable LACMTA's maintenance personnel using light trucks to have access to LACMTA's Traction Power Substation and communications bungalow located at the northwestern end of LACMTA's Douglas Street Station ground level plaza on LACMTA's right of way. Since the maintenance of LACMTA's power and communication facilities are vital to the operation of the Metro Green Light Rail Line, CITY agrees to obtain the permanent easement before construction of the Project. Section 5.02 Payments CITY agrees to pay BNSF and LACMTA, from funds made available to it for Project construction for actual costs of work performed by BNSF and LACMTA pursuant to this Agreement. CITY will include all of BNSF's and LACMTA's preliminary engineering costs that may have preceded the date of this Agreement as part of the cost of the Project. Section 5.03 Project Construction. A. CITY will provide for and maintain minimum clearances as shown on Exhibit "A." B. CITY will make all arrangements to secure the location or relocation of utilities and other facilities owned by persons other than LACMTA as well as those owned by LACMTA. 4 Z8 C. CITY will construct the Project as shown on Exhibit "A" and perform all work provided for in the plans and specifications for the Project except such work performed by BNSF. Principal elements of work to be performed by CITY in the construction of the Project are: 1. Constructing the Railroad grade separation structure, constructing the pedestrian bridge at LACMTA's Douglas Street Station Plaza and constructing the new segment of Douglas Street; 2. Required grading and paving including grading for the shoofly track; 3. Required engineering, grading, and staking for the Project; 4. Provide temporary and permanent drainage; 5. Placing waterproof membrane on the deck of the Structure including placing a layer of three quarter (3/4) inch crushed granite rock ballast, not to exceed two (2) inches thick on the deck of the Structure; and 6. Apply and maintain a Department of Transportation ( "DOT ") Crossing Number in a conspicuous location on the Structure. D. CITY will furnish all labor, materials, tools, and equipment in performing the work. Work will be performed at such times that do not endanger or interfere with the safe and timely operations of BNSF's trains, or LACMTA's trains, of LACMTA's tracks or other LACMTA's facilities existing on the Railroad ROW, and will not endanger or interfere with the safe and timely ingress, egress, and use of all parts of the Douglas Street light rail station by LACMTA's patrons and employees. E. CITY will reimburse BNSF and or LACMTA for emergency work necessitated by CITY's cortractor in connection with the Project, which BNSF and or LACMTA deems, is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or LACMTA property. BNSF and or LACMTA may perform such work without CITY's prior approval. CITY agrees to reimburse BNSF and LACMTA for all such emergency work. BNSF and LACMTA will provide the CITY with a detailed invoice within ten working days following such work. F. CITY will notify BNSF and LACMTA at least five (5) working days before working on LACMTA property or near the tracks, when requesting a BNSF or LACMTA flagmen. G. CITY will submit BNSF and LACMTA four copies of plans and two sets of calculations of any shoring or cribbing proposed to be used over, under, or adjacent to the Railroad ROW for approval. Use of such shoring or cribbing will conform to the standard side clearance set forth in Public Utilities Commission (PUC) requirements that govern such clearance. Should the shoring impair clearance, CITY will ensure that application is made to the PUC for approval of such impairment during the Project construction. 7 9 Section 5.04 Contract Provisions. A. CITY agrees to include the following provisions in its contract with any contractor performing work on the Project or performing subsequent maintenance work on the Structure: "Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in LACMTA's rail corridor. The contractor will be responsible to contact LACMTA and the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project or maintenance boundaries that could be damaged or their service disrupted due to the construction of the Project or maintenance of the Structure. The contractor will also pothole all lines either shown on the plans or marked in the field in order to verify their locations. The contractor will also use all reasonable methods when working in the LACMTA rail corridor to determine if any other fiber optic lines may exist. Failure to notify, pothole or identify these lines will be sufficient cause for city's representative to stop construction at no cost to CITY, LACMTA or BNSF until these items are completed. Costs for repairs and loss of revenues and profits because of damage to these facilities through negligent acts by the contractor will be the sole responsibility of the contractor. The contractor will indemnify and hold CITY, LACMTA and BNSF harmless against and from all cost, liability, and expense arising out of or in any way contributed by these negligent acts of the contractor. The telecommunication companies will be responsible for the rearrangement of any facilities determined to interfere with the construction. The contractor will cooperate fully with any company performing these rearrangements." B. Contracts executed by CITY for Project construction will also include the following provisions: 1. All work in the boundaries of the Railroad ROW will be performed in a good and workmanlike manner and in accordance with plans and specifications approved by BNSF and LACMTA. Those changes or modifications during construction that affect safety require BNSF's or LACMTA's approval. 2. No work will be commenced within the Railroad ROW until each of the prime contractors have (i) executed and delivered to BNSF a letter agreement in the form included in Exhibit "E -1" and executed and delivered to LACMTA a letter agreement in the form included in Exhibit "F" and (ii) delivered to and secured BNSF's and LACMTA's separate approval of the required insurance by Exhibits "E -1" and "F ". on 3. CITY may direct that Project construction be done by day labor under the direction and control of CITY. 4. CITY may terminate its contractor's control over the work if, in CITY's opinion, the contractor has failed to diligently prosecute the work. CITY may then take possession of all of any part of the work and proceed to complete the game by day labor or by employing another contractor(s), provided that all such contractor(s) will be required to comply with the obligations in favor of LACMTA and BNSF and provided that if such construction is performed by day labor, CITY will, at its expense, procure and maintain on BNSF's and LACMTA's behalf the insurance required by Exhibits "E -1" and "F." 5. BNSF may request, in writing, that any person performing work within LACMTA's facilities be removed from the Project for incompetence, neglect of duty, unsafe conduct or misconduct. Should CITY, CITY's contractor, or LACMTA elect not to honor such request, BNSF may stop work within the Railroad ROW until the matter is resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal. 6. CITY's employees, agents, contractors, representatives and invitees and any LACMTA employees will wear Personnel Protective Equipment (PPE) when on the LACMTA's rail corridor. Existing BNSF PPE requirements are: (i) safety glasses; permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility orange cover; (iii) safety shoes with hardened toe, above the ankle lace up and a defined heel; and (iv) high visibility reflective orange vests. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 7. If a CITY contractor performs work on the Project inconsistent with the Project plans and specifications; works in a manner BNSF or LACMTA deems to be hazardous; or if any insurance policy is canceled during the course of the Project, then BNSF or LACMTA may stop the work until the problems are resolved to the satisfaction of BNSF or LACMTA or additional insurance has been delivered to and accepted by BNSF or LACMTA. Such work interruption will not giv- rise to or impose upon BNSF or LACMTA any liability to CITY or to any CITY contractor. The right of BNSF or LACMTA to stop the work is in addition to any other rights BNSF or LACMTA may have. In the event that BNSF or LACMTA wish to stop work, BNSF and LACMTA will give immediate written notice. Section 5.05 Inspection and Supervision. CITY agrees to supervise and inspect the operations of all CITY contractors to assure compliance with the plans and specifications, the terns of this Agreement and all safety requirements of BNSF and LACMTA. If at any time during construction BNSF or LACMTA determines that proper supervision and inspection is not being performed by CITY, BNSF or LACMTA will have the right to stop construction (within or adjacent to the Railroad ROW) and to require 7 81 that CITY correct the situation before construction is allowed to proceed. If BNSF or LACMTA believes the situation is not being corrected in an expeditious manner, BNSF or LACMTA will immediately notify CITY so that CITY can take appropriate correction action. Section 5.06 As -built plans. CITY will furnish BNSF and LACMTA one set of as built plans, upon completion of the Project, at no cost to BNSF or LACMTA, prepared in U.S. Customary Units, plus one set of computer diskettes, containing as built CAD drawings of the Structure identifying the software used for the CAD drawings. The "as built plan" will depict all information in the Harbor Subdivision engineering stationing and milepost pluses. The "as built plans" will also include plan and profile, structural bridge drawings and specifications, and drainage plans. Section 5.07 Project Completion. A. CITY will develop and maintain a Project schedule for the full scope of the work. CITY will be responsible for coordinating all work to achieve the timely completion of the Project. B. CITY's Project schedule will incorporate the time periods for work performed by BNSF. In the event of an unforeseen railroad emergency, and regardless of the requirements of the construction schedule, BNSF may reallocate all or a portion of its labor forces assigned to perform the Railroad Work when BNSF believes such reallocation is necessary to provide for the immediate restoration of railroad operations of BNSF or its affiliates or to protect persons or property on or near any BNSF owned property or any related railroad. BNSF will reassign such labor forces to again perform the Railroad Work when, in its sole but good faith opinion, such emergency condition no longer exists. BNSF will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of its labor forces. The parties further agree that such allocation of labor forces by BNSF and any direct or indirect results of such reallocation will not continue a breach of this Agreement by BNSF. C. Within thirty (30) days after completing the Project, CITY will give written notice to BNSF and LACMTA of the Project's completion date and the date on which CITY will meet with BNSF and LACMTA for the purpose of final inspection. ARTICLE VI. CONSTRUCTION STANDARDS, OPERATIONS, AND MAINTENANCE Section 6.01 Commencement. BNSF will not begin constructing the Railroad Work until CITY issues to BNSF and LACMTA a "Notice to Proceed." CITY will not begin construction on the MR Project until CITY gives not less than thirty (30) days prior written notice to BNSF and LACMTA stating the time that CITY plans to begin constructing the Project. Each notice will make reference to BNSF's file number. Section 6.02 Installing Utilities. The right to install utilities is restricted to the placement of underground utilities across the right of way and beneath the tracks is restricted to an area a minimum of fifty (50) feet from abutments, piers, piles, or footings. Under no circumstances will utilities be allowed to hang from the Structure. All utility crossings within the limits of LACMTA's right of way will be addressed by separate agreements between LACMTA and each of the owners of the utilities except with respect to the Pipeline identified herein. Section 6.03 Responsibilities following construction. A. After the Structure is completed, the following will occur: I . LACMTA will own the roadbed, track, railroad drainage, and all other railroad facilities as well as the pedestrian bridge; 2. BNSF will, at its sole cost and expense, maintain railroad bridge structure above the bridge seats, the roadbed, track, and railroad drainage; 3. LACMTA will at its sole cost and expense, maintain the pedestrian bridge above the bridge seats. 4. CITY will own and, at its sole cost and expense, maintain the railroad bridge structure and the pedestrian bridge below the bridge seats, the Project and its appurtenances, lighting and drainage, including the approaches thereto; 5. CITY, at its sole cost and expense, will remove or obliterate, graffiti on both Structures; CITY will apply and maintain vertical clearance signs that consistently and accurately describe the minimum actual vertical clearance from bottom of Structure to top of pavement; 7. CITY agrees to reimburse BNSF for the cost of track surfacing due to settlement caused by the construction of the underpass for a period of not to exceed two (2) years from the date of final inspection; 8. CITY will before entering upon LACMTA's right of way for maintenance purposes, notify LACMTA and BNSF to obtain prior authorization and, if work is contracted, CITY will require its prime contractor(s) to comply with the obligations in favor of BNSF and LACMTA as set forth in Exhibits D, and E, as may be revised from time to 9 83 time, and accepts responsibility of compliance by its prime contractor(s). ARTICLE VII. INDEMNIFICATION Section 7.01 Indemnification. CITY will indemnify and save harmless LACMTA, its agents and employees against all liability, claims, demands, damages, or costs for (a) death or bodily injury to persons including, without limitation, the employees of the parties hereto, (b) injury to property including, without limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage or expense arising under either (a), (b), or (c), and all fines or penalties imposed upon or assessed against LACMTA by reason of the Project, and all expenses of investigating and defending against same, arising in any manner out of (1) CITY's activities, use, or presence, or active negligence in LACMTA's right of way, or (2) CITY's performance, or failure to perform, its work or any obligation under this Agreement. Nothing contained in this provision will indemnify LACMTA for its respective willful misconduct or sole negligence, or that of its agents, servants or independent contractors who are directly responsible to it, as provided in California Civil Code § 2782. ARTICLE VIII. MISCELLANEOUS PROVISIONS Section 8.01 AUTOMATIC TERMINATION. In the event that construction of the Project has not begun for a period of three years from the date of this Agreement, this Agreement will become null and void. Section 8.02 ASSIGNMENT. The Parties agree that they will not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or transfer any portion of this Agreement without the prior written permission of all Parties will be void. Section 8.03 SEVERABILITY. 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. Section 8.04 SUCCESSORS. All the terms, conditions and covenants of this Agreement will inure to the benefit of and be binding upon the Parties' successors and assigns. The provisions of this Section will not be deemed as a waiver of any of the conditions against assignment as set forth in Section 8.02. 10 84 Section 8.05 NOTICES. All notices provided for herein will be in writing. Any notice permitted or required to be served upon party may be served upon that party at: Los Angeles County Metropolitan Transit Authority City of El Segundo: The Burlington Northern and Santa Fe Railway Company: The Burlington Northern and Santa Fe Railway Company: Director Third Party Coordination One Gateway Plaza Los Angeles, CA 90012 P.O. Box 194 Los Angeles, Ca 90053 Telephone No.: (213) 922 -7324 FAX No.: (213) 922 -7136 Director of Public Works 350 Main Street El Segundo, CA 90245 Telephone No.: (310) 524 -2356 Assistant Director of Public Projects 740 East Carnegie Drive San Bernardino, CA 92048 -3571 Telephone No.: (909) 386 -4470 FAX No.: (909) 386 -4479 BNSF's Division Engineer 740 East Carnegie Drive San Bernardino, CA 92408 -3571 Telephone No.: (909) 386 -4504 FAX No.: (909) 386 -4070 The Burlington Northern and BNSF's Roadmaster Santa Fe Railway Company: 3790 East 261n Street Los Angeles, Ca 90023 Telephone No.: (323) 267 -4009 FAX No.: (323) 267 -4049 Section 8.06 GOVERNING LAW. This Agreement was executed 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. Section 8.07 HEADINGS. The headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Agreement. Section 8.08 RULES OF CONSTRUCTION. This Agreement has not been drafted or prepared by either party hereto, the same being a fully negotiated Agreement. Thus, the parties 11 8 5 expressly agree that any rule of construction regarding interpretation in favor of one or the other party by reason of the party drafting the Agreement will not apply. Section 8.09 RECORDS. The Parties will maintain full and accurate records with respect to all services and matters covered under this Agreement. Each Party will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Parties will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.. Section 8.10 EXHIBITS. Attached Exhibits "A," "B," "C," "D," "E," "E -1," and "F" are incorporated into this Agreement as if fully set forth. Section 8.11 ACCEPTANCE OF FACSIMILE SIGNATURES /COUNTERPARTS. A. The Parties agree that 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. B. This Agreement maybe executed in any number or counterparts, each of which will bean original, but all of which together will constitute one instrument executed on the same date. 12 8G IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first hereinabove written. CITY OF EL SEGUNDO Mary Strenn City Manager pppppVE q TO FORM IIJZ�D3 gUWM NOW" saita gLxw epa Ot ATTEST: Cindy Mortesen City Clerk APPROVF0 T MARK D HE I LE, Yj Cityflttgrney, By: ,j ✓ ari H. Berger < Assistant City Attorney r. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY J",PPRf VED AS TO FORM: LLOYD wt--'L .A N, Co-inty Couns9l By. Dop tt 13 8 EXHIBIT A PROJECT DESCRIPTION "PROJECT" PARSONS 100% PLANS DATED 03 -03 -03 A -1 -TITLE SHEET, VICINITY, LOCATION AND KEY MAP A- 2--- ROADWAY LAYOUT, STA 7 -26 TO 13 -00 A- 3--- ROADWAY LAYOUT, STA 13 -00 TO 18 -50 A- 4--- ROADWAY LAYOUT, STA 18 -50 TO 21 -38 A -S --- PEDESTRIAN BRIDGE GENERAL PLAN A- 6- RAILROAD BRIDGE GENERAL PLAN :. 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"m. ; ry S X f i e /r 7 m Q 7 m o O w T � m Q � Q J iW Q m a 3m 01 O m < O � o ' o O O� �Z LC N -J0 W k OJT Vo`. i % tia s•� • s 1� 3 J o= o - e c�t0`eM1 r'-N age a° �grio P Wz o SN O�w Fi Smug Su Su w W 0 i e 92 I W O m i m r� mm WT O O O 6 O r J� Y r i r i i i II i III i S g H - o i i � m a W Z �< - n B W Vn a W m W OZ m a `< i< Z J W a_a W ¢ W ~z m yj W < a C7 a W 0 6 �o0 / Z\ 0 Z En -J0 W k ¢ ¢ i`• r, s �y{ f S Z J Ab 01 d 3 CS CO L!!P 3 S O y, n } - -� - -- -- -- -r J- W �L - - - -- m -- - 41 nss - 0 2 W _ _ W m Wy J o� imp o <. J2 J•J LL� 00 s� J: Ni m� z 0 ro W- J W m� Vi ni _ urn NJUWi2 W�uu 6 zOm�20uuQU0au O X HNNnnnn�Nnnw II ii ii I� �M4 II -II ii II I~ F �y W w �Q yh 1: W C a O Q s O H W W a 6 J O O W O_ Oa <RJ Ima i 0 LLQQ WOW Z¢Z mJW QO cc of Z)Z LC W N �o W k p�W V EM 94 � Y V 6 lAd 1 6 F 0 W F f O Oo Jr WS 6 F 6 W LL 6 ' Q 6 lAd !•-9 Wy J o� imp o <. J2 J•J LL� 00 s� J: Ni m� z 0 ro W- J W m� Vi ni _ urn NJUWi2 W�uu 6 zOm�20uuQU0au O X HNNnnnn�Nnnw II ii ii I� �M4 II -II ii II I~ F �y W w �Q yh 1: W C a O Q s O H W W a 6 J O O W O_ Oa <RJ Ima i 0 LLQQ WOW Z¢Z mJW QO cc of Z)Z LC W N �o W k p�W V EM 94 EXHIBIT B EXHIBIT B -1 THROUGH B -12 ESTIMATE OF COSTS BURLINGTON NORTHERN AND SANTA FE RAILWAY QUALITY CONTROL CONSULTANT TO BE PRESENT DURING CERTAIN PHASES OF CONSTRUCTION OF THE RAILROAD BRIDGE 23 DAYS @ $400.00 PER DAY= $9,200.00 FLAGGING AND INSPECTION= $263,719.00 CONSTRUCTION OF SHOO FLY= $1,108,491.00 TOTAL ESTIMATE -BNSF = $1,381,410 EXHIBIT B -13 THROUGH B -16 PARSONS 100% PLANS DATED 03 -03 -03 B- 13 -BNSR SHOOFLY PLAN AND PROFILE B- 14 --- BNSF SHOOFLY PLAN AND PROFILE B -15 -- -WYE TRACK PLAN AND PROFILE B -16 -- -SHIFT OF BNSF MAINLINE TRACK PLAN & PROFILE EXHIBIT B -1 QUALITY CONTROL CONSULTANT TO BE PRESENT DURING CERTAIN . PHASES OF CONSTRUCTION OF THE RAILROAD BRIDGE 23 DAYS @ $400.00 PER DAY= $9,200.00 9G n 0 « ***** NOTE *"** NOTE FOR INTERNAL USE ONLY NOTE I NOTE LOCATION EL SEGUNDO TO LAIRPORT LINE SEGMENT 7604 0014.20 TO 0014.80 AFE NUMBER . RFA NUMBER TOTALS PLANITEM NUMBER 000086865 BNSF RAILWAY COMPANY MILEPOST DIVISION SL CPAR R 90000003 PROPERTY OF OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION HARBOR BEET YEAR : 2003 JOINT FACILITY CITY OF EL SEGUNDO TRACK TYPE TAX STATE 9 CA COUNTY: LOS ANGELES REPORTING OFFICE 106 X BILLABLE ( + / -): REQUESTER ID 100.00 A189 - ADAM RICHARDSON MATL DATE 10/20/2003 SPONSOR VP ENGIN PROJECT TYPE GSP LOCATION CODE 483430 DEPT LOGE DERAILMENT CODE MOMGH DOT NUMBER ...................................................... - 1 -96 -2S ........... ........ ... .... ..... ESTIMATED BY AYALA PURPOSE. JUSTIFICATION AND DESCRIPTION FLAGGING AND INSPECTION FOR DOUGLAS STREET GRADE SEPARATION PROJECT. AT EL SEGUNDO. M.P. 14.6, HARBOR SUBDIVISION. SOUTHERN CALIFORNIA DIVISION. RFA NO. 96- 156 -03 AUTHORITY NO. 7- XXXX -03 NOTE -- NOTE FOR INTERNAL USE ONLY **'*"*****"***"*'****"'*' NOTE *'** NOTE ******* CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST me ®s0 BILLABLE TOTALS LABOR COSTS me 0 m -ae 0 �a0 165.051 165.051 MATERIAL COSTS 0 0 0 0 0 0 OTHER COSTS 0 0 ®_e 0 0 —vv0 98.668 98.668 TOTALS —�® 0 �-® 0 0 .-------------------- 263.719 - -------------------------- 263.719 .............------------------ .--------------------- ENGINEERING SERVICES - KANSAS CITY ......... . ----------- PRINTED ON : 05/28/2003 ESTIMATE REF. NUMBER 000086865 - 1 -96 -2S ESTIMATED BY AYALA COSTING DATE : 12115/2GO3 PRINTED BY AYALA 97 AUTHORITY FOR EXPENDITURE NOTE ...L NOTE FOR INTERNAL USE ONLY --* " NOTE *"' NOTE """• LOCATION EL SEGUNDO TO LAIRPORT LINE SEGMENT 7604 00014.2 TO 00014.8 AFE NUMBER RFA NUMBER 9615603 PLANITEM NUMBER 000086865 MILEPOST BNSF RAILWAY COMPANY DIVISION SC CPAR NUMBER CO000003 PROPERTY OF OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION HARBOR BUDGEET T CES : 2003 JOINT FACILITY CITY OF EL SEGUNDO TRACK TYPE CA REPORTING OFFICE 106 % BILLABLE (* / -): 100.00 TAX STATE SPONSOR VP ENGINEERING CENTER /ROLLUP 50847 .................................................................................... PURPOSE. JUSTIFICATION AND DESCRIPTION AND INSPECTION FOR DOUGLAS STREET GRADE SEPARATION PROJECT. AT EL SEGUNDO. M.P. 0 FLAGGING 14.6. HARBOR SUBDIVISION. SOUTHERN CALIFORNIA DIVISION. 1001 BILLABLE TO THE CITY OF EL 263.719 SEGUNDO. ENGINEERING SERVICES ESTIMATE REF. NUMBER PRINTED BY : AYALA - KANSAS CITY 9615603 - LINE BEGIN PLAN ITEM SEG BEG MP END MP STATION ENO STATION PROJECT TYPE REVISED ON COSTING DATE PRINTED ON _ BUD YEAR 000086865 7604 0014.20 0014.80 EL SEGUNDO LAIRPORT GRADE SEPARATION PROJECT 2003 NOTE -" NOTE FOR INTERNAL USE ONLY NOTE - NOTE " CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST BILLABLE TOTALS LABOR COSTS MATERIAL COSTS OTHER COSTS 0 -�_0 0 0 0 0 0 D 0 0 0 0 165.051 0 98.668 165.051 0 98.668 TOTALS ........................................................................................................................... 0 0 0 0 263.719 263.719 ENGINEERING SERVICES ESTIMATE REF. NUMBER PRINTED BY : AYALA - KANSAS CITY 9615603 - REVISED ON COSTING DATE PRINTED ON 05/2B/2003 12/15/2003 05/28/2003 f% EV ---------------------------------------------- .................. --------- -------------------------------------- , . MAINTAIN PROPRIETARY CONFIDENTIALITY . ------------------------------------------------------ -- ----------------- ----------------------- -------------- THE B. N. S. I. RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF EL SEGUNDO ---------------------------------------- ----------------------- ....... -------------------------- -------------- LOCATION:- EL SEGUNDO ---- -- TO -AIRPORT DETAILS OF ESTIMATE PLAN ITEM: 000086865 VERSION: 1 ---------------- -------------------- ------------------------------ I ----------- ----------------- PURPOSE. JUSTIFICATION AND DESCRIPTION FLAGGING AND INSPECTION FOR DOUGLAS STREET GRADE SEPARATION PROJECT. AT EL SEGUNDO. M.P. 14.6. HARBOR SUBDIVISION. SOUTHERN CALIFORNIA DIVISION. RFA NO. 96-156-03 AUTHORITY NO. 7-XXXX-03 DESCRIPTION QUANTITY U/M COST TOTAL $ .............. ..................... .......... ------------------- -- -------------------- ------- ........ . .. -- -------- ------ LABOR FLAGGING - BRIDGE - CAP 3120.00 MH 65.557 PAYROLL ASSOCIATED COSTS 39.504 EQUIPMENT EXPENSES 12.606 DA LABOR OVERHEADS 37.551 INSURANCE EXPENSES 9.833 TOTAL LABOR COST MATERIAL TOTAL MATERIAL COST OTHER CONTRACT INSPECTION/PROJECT COORDINATION VEHICLE RENTAL TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF TOTAL BILLABLE COST - ----- - - - - -- 165.051 165.051 ----------- ----- . 0 0 90.00 DAY 54.000 260.00 DAY 19.500 ------ ----------- 73.500 73.500 238.551 23.855 1.313 263.719 0 263.719 -----'-----' �����������������~'��������'�'��'���������- --'---'— VnoT (Kmx c*n �oou» ov� xamv� �c cJmwmE oc�nIrrum_'________________.�'____'-----'--'----- --------------� mx � oo FLAGGING �u�z - ow m�� o wu aya o 130 ___-�_ _------- ------- --- ----------- 65.557 o o o ^\mmxmonnm 1120 43*130 VEHICLE RENTAL emu mo ----- m.*m ... ------- -------- — _ -------- 19.500 o ^ o °oToER SomonL ^mmIr*o pmmuL/u�Czms»uor �ow uao� EQUIPMENT EXPENSES . �7� 37.551 o^LmmxovcnoomS � om» INSURANCE EXPENSES � ° GANG TOTAL amvwxIm FLAGMAN. Imw �........ ........... 184.551 .........._ o ........... o o —� -------------------- -------------zos,oz/cm/pmuoTc�x��m yoo ,�. � --------------------------�—� om o',000 �omancm ovovm/ _____�-----.-----'------ � 54.000 o o o °on*xmonn� ° GANG 7n/m BB INSPECTOR B&B INSPECTOR ........ ��������������������...... 54,000 ------------------- ^ ------------ o ----------- o ---------------- ----------------------- --------------- 238.551 o » » PROJECT SUBTOTAL 23.855 o » » morzwGcxczo 1,313 o o » BILL PREPARATION FEE ___-_------'—.---__-_-__ oa]m o o o PROJECT GROSS COST 263.719 o o » LESS COST PAID mOTHERS ------ - ------ o o o o PROJECT NET COST �8A 4uo AUTHORITY FOR EXPENDITURE NOTE * NOTE FOR INTERNAL USE ONLY **-*� NOTE * " NOTE LOCATION EL SEGUNDO TO LAIRPORT LINE SEGMENT 7604 00014.2 TO 00014.8 AFE NUMBER RFA NUMBER 9614603 PLANITEM NUMBER 000086168 MILEPOST LA CPAR NUMBER 00000003 PROPERTY OF : BNSF RAILWAY COMPANY DIVISION HARBOR 0 0 0 2003 OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION : BUDGET CUSS 0 JOINT FACILITY CITY OF EL SEGUNDO TRACK TYPE S CA REPORTING OFFICE 106 % BILLABLE ( + / -): 100.00 .................................. TAX STATE SPONSOR . ------------------ VP ENGINEERING ...----------------------------------- CENTER /ROLLUP 50847 PURPOSE. JUSTIFICATION AND DESCRIPTION CONSTRUCT AND REMOVE SINGLE MAIN LINE SHDOFLY AND WYE TRACK CONNECTION SWITCH TO FACILITATE DOUGLAS STREET UNDERPASS CONSTRUCTION AT EL SEGUNDO, HARBOR SUBDIVISON. SOUTHERN CALIFORNIA DIVISION. 100% BILLABLE TO THE CITY OF EL SEGUNDO. LINE PLAN ITEMv SEGv BEG MP END MP 000086168 7604 0014.20 0014.80 BEGIN END STATION ® —. STATION 0v EL SEGUNDO LAIRPORT PROJECT TYPE GRADE SEPARATION PROJECT BUD YEAR 2003 "+**" NOTE — NOTE FOR INTERNAL USE ONLY NOTE "" NOTE r' h" CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COST BILLABLE v TOTALS LABOR COSTS MATERIAL COSTS OTHER COSTS 0 0 0 �0 0 0 �— a0 0 -e0 0 -�— 0 0 0 439.665 283.372 385.454 a 439.665 283.372 385.454 TOTALS _0 - 0 0 0 0 1.108.491 1.108.491 ENGINEERING SERVICES - KANSAS CITY ESTIMATE REF. NUMBER : 9614603 PRINTED BY : AYALA REVISED ON 04/30/2003 COSTING DATE 12/15/2003 PRINTED ON 04/30/2003 101 .. ** NOTE **** NOTE FOR INTERNAL USE ONLY NOTE ***' NOTE *"**'* LOCATION EL SEGUNDO TO LAIRPORT LINE SEGMENT 7604 AFE NUMBER - NOTE - NOTE *"**** PLANITEM NUMBER 000086168 MILEPOST 0014.20 TO 0014.80 RFA NUMBER 9614603 PROPERTY OF BNSF RAILWAY COMPANY DIVISION LA CPAR NUMBER CO000003 OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION HARBOR BUDGET YEAR 2003 JOINT FACILITY CITY OF EL SEGUNDO TRACK TYPE TAX STATE S BUDGET CLASS CA COUNTY: LOS ANGELES REPORTING OFFICE 6 106 % BILLABLE (, / -): REQUESTER ID 100.00 A189 - ADAM RICHARDSON MAIL DATE 10/20/2003 SPONSOR VP ENGIN TYPE GSP LOCATION CODE 483410 DEPT CODE MDWGH PROJECT DERAILMENT CODE DOT NUMBER ._.__.._ ................................................................................................................ PURPOSE. JUSTIFICATION AND DESCRIPTION AND REMOVE SINGLE MAIN LINE SHOOFLY AND WYE TRACK CONNECTION SWITCH TO CONSTRUCT FACILITATE DOUGLAS STREET UNDERPASS CONSTRUCTION AT EL SEGUNDO. HARBOR SUBDIVISON. SOUTHERN CALIFORNIA DIVISION AS FOLLOWS: ' SHOOFLY: 1. CONSTRUCT AND REMOVE 1.536 T.F. - 39 FT. TRACK PANELS. RELAYED WITH 135 LB. - CWR -SH. 2. LINEOVER AND LINEBACK 450 T.F. OF EXISTING MAIN TRACK. 3, CONSTRUCT 16 FT. CONCRETE CROSSING PANELS FOR PEDESTRIAN CROSSING. 4. REMOVE 8' CONCRETE CROSSING PANEL PRIOR TO REMOVAL OF SHOOFLY. WYE TRACK: 1, CONSTRUCT 500 T.F. INCL. 1 - A9 L.H. 136 1-8. TURNOUT. 2, RELOCATE APPROXIMATELY 500 T.F. OF TEPORARY WYE TRACK TO PERMANENT LOCATION. 3. REMOVE 500 T.F. OF EXISTING WYE TRACK. 4, LINEOVER AND LINEBACK 150 T.F. OF WYE TRACK. 5. REMOVE TEMPORARY WYE TURNOUT FOR SALVAGE. OTHER: 1. REMOVE AND REPLACE 300 T.F. OF EXISTING MAINLINE TRACK FOR BRIDGE CONSTRUCTION. NOTE: ALL GRADING AND SUB - BALLAST WORK TO BE DONE BY CITY'S CONTRACTOR. RFA NO. 96- 146 -03 AUTHORITY NO. 7- XXXX -03. +***• *' NOTE *'** NOTE FOR INTERNAL USE ONLY - NOTE - NOTE *"**** CASH CAPITAL NONCASH CAPITAL OPERATING EXP •� REMOVAL COST BILLABLE TOTALS LABOR COSTS p -- MATERIAL COSTS OTHER COSTS 0 �-� 0 0 -� --v0 0 0 0 0 0 s0 0 0 0 439.665 439.665 283.372 283.372 385.454 385.454 TOTALS 0 0 0 1.108.491 1.108.491 ENGINEERING SERVICES - KANSAS CITY ESTIMATE REF. NUMBER 000086168 - 1 -96 -2L COSTING DATE : 12/15/2003 PRINTED ON : 04130/2003 ESTIMATED BY AYALA PRINTED BY AYALA 1.09 --- - - - - -- - -- ------------------------------------------------ ACCT CST RSN PPE DESCRIPTION ---------------------- OTY /ST 8 240 ADJUST RAIL /OTM 372.00 8 240 LINEOVER TRACK - OPER 869.00 8 171 PICKUP CROSS TIES - NOT REPLACED 132.00 8 251 PICKUP RAIL - NOT REPLACED 123.00 8 433 PLACE PUBLIC CROSSING - CAP 82.00 6 161 PLACE TRACK PANELS - ADDITION -- CAP 3120.0 8 241 PLACE TURNOUT 745.00 8 171 REMOVE CROSS TIES 315.00 B 430 REMOVE PUBLIC CROSSING 40.00 8 251 REMOVE RAIL /OTM - NOT REPLACED 293.00 8 251 REMOVE /PICKUP TURNOUT 146.00 8 242 REPLACE RAIL /OTM - CAP 1066.00 8 291 UNLOAD BALLAST - ADDITION - CAP 158.00 8 241 UNLOAD RAIL - ADDITION - CAP 31.00 8 247 UNLOAD RAIL - REPLACEMENT - CAP 62.00 8 241 UNLOAD TURNOUT - ADDITION - CAP 168.00 ----------------------------------------------------------- OT U/M NDNCASH - - - OPER - - -- REMOVAL -- - - 37.2 MH -- -- -GASH 7.886 TRK PANEL.136N-39 FT45 TIES -PNDRL P 86.9 MH EA 1B.421 310 13.2 MH TRK PANEL.136X-SH RAIL -39 FT- TIES -OT 40.0 2.799 12.3 MH 306 200 2.608 8.2 MH 1.739 1120 307 43.9 MH 9.306 3120.0 LF R 74.5 MH 15.793 200 ROD. CONNECTING. W /SHOULDER BOLT 31.5 MH EA 1120 6.678 4.0 MH SPIKE. TIMBER SCREW. 5/8X12 IN. F /RO 848 EA 29.3 MH 308 200 6.211 14.6 MH EA 1120 3.095 106.6 MH 16.948 61.0 5.649 15.8 MH 3.350 200 TURNOUT. 136 -09 LH MANUAL ROM FROG 1 3.1 MH 656 1120 319 6.2 MH 1.315 16.0 FT 16.8 MH 3.562 202 SALVAGED DIM * LABOR SUBTOTAL 18.196 117 ....... 1120 310 280 TRK PANEL.136N-39 FT45 TIES -PNDRL P 13.0 EA 1120 310 280 TRK PANEL.136X-SH RAIL -39 FT- TIES -OT 40.0 EA 1120 306 200 RAIL. 136 LB NEW WELDED :STANDARD CA 1000.0 LF 1120 307 202 RAIL. 136 LB SH (NONCASH). SC WELDED 3120.0 LF R 1120 308 200 ROD. CONNECTING. W /SHOULDER BOLT 1.0 EA 1120 319 433 SPIKE. TIMBER SCREW. 5/8X12 IN. F /RO 36.0 EA 1120 308 200 STAND. SWITCH. AUTOMATIC SAFETY TRI- 1.0 EA 1120 300 150 TIE. TRK.10'.PRE-PLATEO.PANDROL.6'.S 61.0 EA 1120 308 200 TURNOUT. 136 -09 LH MANUAL ROM FROG 1 1.0 EA 1120 319 433 CONC 136 08 -SEC WITH FILLER FOR WOOD 16.0 FT 1120 309 202 SALVAGED DIM T I 1120 305 202 SALVAGED RAIL 168.1 NT I * MATERIAL SUBTOTAL 1120 434 241 EQUIPMENT RENTAL W/ OPERATOR 45.0 * OTHER SUBTOTAL * ADDITIVES PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS PERDIEM INSURANCE EXPENSES MATERIAL HANDLING ONLINE TRANSPORTATION USE TAX OFFLINE TRANSPORTATION * GANG TOTAL TRKCONSTRGANG -14M - TRACK CONSTRUCTION GANG 8 294 SURFACE TRACK - REPLACEMENT - CAP 360.00 * LABOR SUBTOTAL 1120 310 280 BALLAST, FROM NEWBERRY. CA. 1120 319 105 CHIPS. NEWBERRY • MATERIAL SUBTOTAL • ADDITIVES PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS PERDIEM INSURANCE EXPENSES MATERIAL HANDLING ONLINE TRANSPORTATION USE TAX GANG TOTAL SUG -3M - SURFACING GANG (3 MAN) 52.671 0 27.155 27.040 42.742 117.044 10.020 DAY 270.000 18.196 117 ....... 26 ..... 0 721 0 4.766 40.662 16.292 2.432 9.577 -691 30.167 - 16.980 ........................................ 218.532 18.196 - 17.671 0 DAY 270.000 ...... .... ....... ...................... 270.000 ..... 0 0 0 31.734 16.363 16.292 18.574 9.577 9.534 30.167 15.553 15.485 27.947 14,411 14.347 7.896 4.072 4.053 5.392 964 1.096 17.910 552 682.339 19.292 69,460 86.751 .36.0 MH 8.136 8.136 0 0 0 1200.0 NT 12.636 120.0 NT 1.264 .................. . . .. ------- . 13.900 0 0 0 4.902 2.869 4.660 2,340 1.220 343 12.209 1.138 51.717 0 0 0 8 241 PLACE FIELD WELDS - CAP 240.00 24.0 MH 5.518 * LABOR SUBTOTAL 5.518 0 0 0 103 -- --- --- ---- ------------------------ -------- -------- OTY/ST I .. ............ OT UIM ----------- CASH 11 -------------------------- NONCASH OPER REMOVAL ACCT CST RSN PPE DESCRIPTION ----------------------------------------------------- ------ --- --------- ---- .... I ----------- --------------- 1120 308 200 WELDKIT. GENERIC FOR ALL RAIL WEIGHT 24.0 KT ------ 1.272 1,272 0 a 0 • MATERIAL SUBTOTAL • ADDITIVES PAYROLL ASSOCIATED COSTS 3.325 EQUIPMENT EXPENSES 1.946 DA LABOR OVERHEADS 3.160 INSURANCE EXPENSES 827 MATERIAL HANDLING 31 USE TAX 104 16 OFFLINE TRANSPORTATION • GANG TOTAL HOWELDGANG-2M - WELDING GANG. 2 MAN -- ----------- 16.199 ----------- a ----------- 0 0 ............ 293 MAINTAIN EQUIP BALLAST - ADDITIONA .............................. -- 25.00 .......... 2.5 MH ---------------------------------------- 730 ..................... .......... 8 MAINTAIN EQUIP REPLACE RAIL/OTM - 239.00 23.9 MH 5.232 1.744 8 242 --- -- ----------- ------- - - 5.962 0 0 1,744 LABOR SUBTOTAL • ADDITIVES PAYROLL ASSOCIATED COSTS 3.592 2.102 1.050 615 EQUIPMENT EXPENSES 3.415 998 DA LABOR OVERHEADS 672 PERDIEM 2.297 894 261 INSURANCE EXPENSES • GANG TOTAL WKEOMECH-IM - WORK EQUIPMENT MECHANIC (I MA --------- ----------- 18.262 ----------- 0 ----------- 0 5.340 --- --------- - ------- ------------ --------------- 8 291 WORK TRAIN BALLAST ------------------ 52.00 26.0 MH --------------------------------------------- 2.304 8 250 WORK TRAIN PICKUP RAIL 87.00 43.5 MH 3.855 170 WORK TRAIN PICKUP TIES 64.00 32.0 MH 2.836 0 8 247 WORK TRAIN UNLOAD RAIL 20.00 10.0 MH 887 8 241 WORK TRAIN UNLOAD RAIL 66.00 33.0 MH 2.925 ----------- ----------- 6.116 0 0 6.691 LABOR SUBTOTAL 1120 330 291 WORK TRAIN FUEL BALLAST 1943.0 GAL 1.574 1120 330 241 WORK TRAIN FUEL RAIL 2457.0 GAL 1.991 2.639 1120 330 300 WORK TRAIN FUEL RAIL 3257.0 GAL 1120 330 242 WORK TRAIN FUEL RAIL 743.0 GAL 602 1.872 1120 330 170 WORK TRAIN FUEL CROSS TIES 2400.0 GAL ------ ---- -- -------- ------- - - . 4.167 0 0 4.511 • MATERIAL SUBTOTAL • ADDITIVES PAYROLL ASSOCIATED COSTS 3.684 4.031 2.359 EQUIPMENT EXPENSES 2.155 DA LABOR OVERHEADS 3.502 3.832 INSURANCE EXPENSES 916 1.003 USE TAX 341 369 • GANG TOTAL WTCREW-3M - WORKTRAIN CREW (3 MAN) 20.88I ------ ----------- 0 ----------- 0 22.796 - --------------- -- ............ ----------- - ------ 1120 399 171 DUMP FEES. ETC .................................... 1.0 LS ----------------- ............. 20.000 1120 367 241 FIELD ENGINEERING 1.0 LS 10.000 - ----------- ----------- ------ 10.000 0 0 20.000 • OTHER SUBTOTAL • GANG TOTAL NONE No GANG NEEDED ----------------------- -------------- ----------- 10.000 ------ I ---- ------- 0 --------------------- I ... ... I ------- 0 20.000 ------------ --ll .............. --------- ------------ 799.396 19.292 69.460 134.887 PROJECT SUBTOTAL 79.939 a 0 0 CONTINGENCIES 4.398 96 347 674 BILL PREPARATION FEE -------- ----------- ----------- ---- I ------ PROJECT GROSS COST 883.735 19.388 69.807 135.561 LESS COST PAID BY OTHERS 883.735 ----------- 19.388 ........ . .. ----------- 69.807 135.561 ------ PROJECT NET COST 0 0 0 0 104 - - - - - - - - - - - - - -- ................ ...------------------------ ____ MAINTAIN PROPRIETARY CONFIDENTIALITY ...................................................... ......... ...................... THE B. N. S. F. RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF EL SEGUNDO ................................................................. ......... .. ...... . ... ............. LOCATION:- EL SEGUNDO TO LAIRPORT DETAILS OF ESTINATE PLAN ITEM: 000086168 VERSION_ -------------------------------- ______ ...... PURPOSE. JUSTIFICATION AND DESCRIPTION CONSTRUCT AND REMOVE SINGLE MAIN LINE SHOOFLY AND WYE TRACK CONNECTION SWITCH TO FACILITATE DOUGLAS STREET UNDERPASS CONSTRUCTION AT EL SEGUNDO. HARBOR SUBDIVISON. SOUTHERN CALIFORNIA DIVISION AS FOLLOWS: SHOOFLY: 1. CONSTRUCT AND REMOVE 1.536 T.F. - 39 FT. TRACK PANELS. RELAYED WITH 136 LB. - CWR -SH. 2. LINEOVER AND LINEBACK 450 T.F. OF EXISTING MAIN TRACK. 3. 4. REMOVE 8' CONCRETEDCRO SING PANEL PRIOR FOR PEDESTRIAN WYE TRACK: 1. CONSTRUCT 500 T.F. INCL. 1 - /9 L.H. 136 LB. TURNOUT. 2. RELOCATE APPROXIMATELY 500 T.F. OF TEPORARY WYE TRACK TO PERMANENT LOCATION. 3. REMOVE 500 T.F. OF EXISTING WYE TRACK. 4. LINEOVER AND LINEBACK 150 T.F. OF WYE TRACK. 5. REMOVE TEMPORARY WYE TURNOUT FOR SALVAGE. OTHER: 1. REMOVE AND REPLACE 300 T.F. OF EXISTING MAINLINE TRACK FOR BRIDGE CONSTRUCTION. NOTE: ALL GRADING AND SUB - BALLAST WORK TO BE DONE BY CITY'S CONTRACTOR. RFA NO. 96- 146 -03 AUTHORITY N0. 7- XXXX -03. DESCRIPTION ----- _._._. LABOR ADJUST RAIL /OTM LINEOVER TRACK - OPER MAINTAIN EQUIP - BALLAST - ADDITIONAL - MAINTAIN EOUIP - REPLACE RAIL /OTM - CAP PICKUP CROSS TIES - NOT REPLACED PICKUP RAIL - NOT REPLACED PLACE FIELD WELDS - CAP PLACE PUBLIC CROSSING - CAP PLACE TRACK PANELS - ADDITION - CAP PLACE TURNOUT REMOVE CROSS TIES REMOVE PUBLIC CROSSING REMOVE RAIL /OTM - NOT REPLACED REMDVE /PICKUP TURNOUT REPLACE RAIL /OTM - CAP SURFACE TRACK - REPLACEMENT - C%P UNLOAD BALLAST - ADDITION - CAP UNLOAD RAIL - ADDITION - CAP UNLOAD RAIL - REPLACEMENT - CAP UNLOAD TURNOUT - ADDITION - CAP WORK TRAIN - BALLAST WORK TRAIN - PICKUP RAIL WORK TRAIN - PICKUP TIES WORK TRAIN - UNLOAD RAIL WORK TRAIN - UNLOAD RAIL PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS PERDIEM EXPENSES INSURANCE EXPENSES TOTAL LABOR COST MATERIAL BALLAST. FROM NEWBERRY. CA. CHIPS, NEWBERRY FORK TRAIN FUEL - BALLAST WORK TRAIN FUEL - RAIL CAP ONANTITY LIM COST TOTAL 4 __ _ ... __ _ __ __ ______ _ ____ ____ __ _ ____ ___ ___ 409.20 955.90 27.50 262.90 145.20 135.30 264.00 90.20 482.90 819.50 346.50 44.00 322.30 160.60 1172.60 396.00 173.80 34.10 68.20 184.80 78.00 130.50 96.00 30.00 99.00 MH MH MH MH MH MH MH MH MH MH MH MH Fri MH MH MH MH MH MH MH MH MH MH MH MH (NC. SC. 1200.00 NT 120.00 NT 1943.00 GAL 2457.00 GAL 7.886 18.421 730 6.976 2.799 2.608 5.518 1.739 9.306 15.793 6.678 848 6.211 3.095 22.597 8.136 3.350 658 1.315 3.562 2.304 3.855 2.836 887 2.925 84.973 49.731 80.772 62.014 21.142 439.665 439.665 12.636 1.264 1.574 1.991 WORK TRAIN FUEL - RAIL 3257.00 GAL 2.639 602 WORK TRAIN FUEL - RAIL 743.00 GAL 1.023.037 WORK TRAIN FUEL - CROSS TIES 2400.00 GAL 41842 TRK PANEL.1368 -39 FT -05 TIES -PNDRL PLTS 13.00 EA . TRK PANEL.136A -SH RAIL -39 FT- TIES- OTM /PANDROL 40.00 EA 117.044 RAIL. 136 LB NEW WELDED :STANDARD CARBON 1000.00 LF 10.020 18.196 RAIL. 136 LB SH (MONCASH). SC WELDED 3120.00 LF R ROD, CONNECTING. W /SHOULDER BUT 1.00 EA SPIKE. TIMBER SCREW. 5 /8X12 IN. F /ROAD XING 36.00 EA 721 STAND. SWITCH. AUTOMATIC SAFETY TRI- HANDLE 1.00 EA 4.768 TIE. TRK.10'. PRE- PLATED.PANDROL. 6', SO HOLE 61.00 EA TURNOUT. 136 -09 LH MANUAL RBM FROG 16.6 PT: 1.00 EA 40.662 WELOKIT. GENERIC FOR ALL RAIL WEIGHTS 24.00 KT 1.272 2.432 CONC 136 08 -SEC WITH FILLER FOR WOOD 16.00 FT MATERIAL HANDLING 14,269 ONLINE TRANSPORTATION 19.862 USE TAX 56B OFFLINE TRANSPORTATION - ---- - - - - -- ----- -- - --' TOTAL MATERIAL COST 301.043 301.043 OTHER 20.000 DUMP DUMP FEES. ETC. 1.00 LS EQUIPMENT RENTAL W/ OPERATOR 45.00 DAY 270.000 FIELD ENGINEERING 1.00 LS 10.000 TOTAL OTHER ITEMS COST ----- - - - - -- ----- - - - - -- 300.000 300.000 SUBTOTAL 1.040.708 LESS CREDIT FOR SALVAGED MATERIAL - 17,671 PROJECT SUBTOTAL 1.023.037 CONTINGENCIES 79.939 BILL PREPARATION FEE 5.515 GROSS PROJECT COST 1.108.491 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 1.108.491 106 aP,mm mm - m —; .-S �e3u Z-yy�HOl _ i -JS lows 1 ` 1 9 00 -SZ vis 3 .alvN O 11 1 W E 3 1 _ 1 1� I J J - 1 F SS•CL v1S 7 s �' I a N 's gill W > J J LL LL0 O� oa x N b LL N Z = Q m LL OC•lD Ylsl OA3 � p•� 1 N= o Ol xqo Belo ? - aj n I - bl•Ll Yls o b I - _ - c• wpm 1': 1 . L So T W lee -CL WIS I A O O N D I r - 4 \ l •� i�� i . - — 99•ITY1S7n3 P.• I r I 99,69 13 I I� 00 CLatl _ r / t pp s o m ^ r I w E 6 e,.Ll vls OAS I .. njg In / x i 1 1.07 o T 7 7 7 - W N C n W m f z 2 V T Z = m V LL t u it E sa W o mi ov i 1 I' :w I q 1 I aosz ru.3M1.LJlvn. ___. - N _ I -is +ows -s N � m e YJ LL— ►r n 00 Oa U °`'U W b 3 W C LL co ma O• 0 >" W .n I M o Jz s= v 6 > 5 0 m a ^� g H. I. �E JJJJJJYm $ o o = mW^ _� $salt W ISM �2 a a �h 04•9L 7.. I I :w I q 1 I aosz ru.3M1.LJlvn. ___. - N _ I -is +ows -s N � m e YJ LL— ►r n 00 Oa U °`'U W b 3 W C LL co ma O• 0 >" W .n M o Jz s= v 6 > 5 0 m a ^� g H. I. �E JJJJJJYm 5 Aq s -. mW^ _� $salt W ISM �2 a SIN o� Z ;Z o W rN v N aW O � � m J k IYgy W p - s i WA °s $ �N6gag AY= s c Oo °s os ujf N y �0 \ F ojw p i.Y1A / /Mm ./,i VV< •69 924 2 - f /16Y9 7'h CiQIb•J1`S['LY�I� -1_; _ — � t ' 98r l T300R5 0 •" pp, •. j l o < e_ 105 iB - � o J W ° o US VO I � arc n W >- — a N 8' o _ ujf N y �0 \ F ojw p i.Y1A / /Mm ./,i VV< •69 924 2 - f /16Y9 7'h CiQIb•J1`S['LY�I� -1_; _ — � t ' 98r l T300R5 0 •" pp, •. j l o < e_ 105 � 1 u a' I H I - U - oyZ` ffS�GZ�'1 1d w oo.a�ln II q i I e I r I I 6 rv/ S 1199 'A313 oI,5-,l NL ^C I , I I: I � 1 u a' I H I os jN r i - U - oyZ` ffS�GZ�'1 1d w oo.a�ln p� q i I I r I I 6 os jN r i DsPot g_ rC.a H LL� NI Y W LLVJ zcco =QO MI-cc LL a O W =a J LLZaQ =J v9ia O� cD I N -J0 W L O lJ °w VUi 110 oyZ` ffS�GZ�'1 1d ge 1 1 �I q i I I I I u m rv/ DsPot g_ rC.a H LL� NI Y W LLVJ zcco =QO MI-cc LL a O W =a J LLZaQ =J v9ia O� cD I N -J0 W L O lJ °w VUi 110 EXHIBIT C Estimate of cost of MTA employees to furnish; Engineering review of plans specifications and Shop Drawings 1200 hours @ $117 per hour = $140,400.00 2. Field inspection and identifying location of and assisting in relocation of the MTA Douglas Station Utilities 960 hours @ #117 per hour = $112,320.00 Total Estimated Cost: $252,720.00 Lenwood.Howd1.1 N4 111 DESCRIPTION AND LOCATION OF EASEMENTS PARSONS 100% PLANS DATED 03- 03 -03, ROW MAP 1 OF 2 112 C n r 7 m ; ;; w w;; u w S © ®O ®© ®000000 ®00 ® ® ® ©Om0 - W L6 IL W'�0' O in �p< > > g0 Z Ili \ IJ u it P 1 N S x R g� vY ` ^_e2r r�i i i N I I , I , I I I I � I - I w 2� u O: ~ O W F o n 113 EXHIBIT it E CONTRACTOR REQUIREMENTS CALIFORNIA 1.01 General • 1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right -of -way, hereafter referred to as "Railway Property ", during the construction oC DOUCrLAS S r2tET C-rAp C1cSJa -E =ii—ammM004L TR-^,Q >- ,.�._... r1, r.osr1C rcDn"nr,oN 7rt.n- '"SG -t- • 1.01.02 The Contractor shall execute and deliver to the Railway duplicate copies of the Exhibit "E -1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 2 of said Exhibit • 1.01.03 The Contactor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute tight of Railway to cause the Contractors work on Railway's Property to cease if, in the opinion of Railway, Contractors activities create a hazard to Railway's Property, employees, and/or operations. • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental, health and safety. The Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractors work under this Agreement. • 1.01.06 The Contactor shall notify the (Agency) at and Railways Manager Public Projects, telephone number f2221186 4472 at least thirty (30) working days before commencing any work on Railway Property. Contactors notification to Railway, shall refer to Railroad's file 65026M. • 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the too of rail on a 1 'fi horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details ofeoastruetioo affeetingRailway Property and tracks. The working drawing shall include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falwwork, shoring or cribbing. All calculations shall take into consideration railway surcharge loading and shall be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E -80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in the state the project is located. Ile Contractor shall not begin work until notified by the Railway that plans have been approved. The Contractor shall be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railways tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contactor shall have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 119 Approved VP Law February 22, 2000 Page 1 of 7 1.02 Agreement 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall enter Railway Property without first having attended a BNSF Contractor Safety Orientation session. The Contractorshall ensure that at a minimum its on -site Project Supervisor(s) have attended a Safety Orientation conducted by the Railway, or it's Representative, and that each or its employees, subcontractors, agents or invitees have received the same Safety Orientation through sessions conducted by or through the Contractor before tiny work is performed on the Project The Contractor shall give Railway am inimum of thirty (30) days' advance notice for scheduling the Safety Orientation. The Contractor is responsible to pay for the cost or the Safety Orientation should it be conducted by the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor shall take protective measures as are necessary to keep railway facilities, including traekballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement shall be paid for by the Agency. • 1.03.02 The Contractor shall notify the Rail way's Division Superintendent at (909)3 86 4001 and provide blasting plans to the Railway forreview seven (7) calendar days prior to conducting any blasting operations adjacentto or on Railway's Property. • 1.03.03 The Contractor shall abide by the following clearances during construction: • 25'-0" Horizontally from centerline of neatest track. • 22'-6" Vertically above top of rail (Temporary Falsework Clearance may be reduced to 21'-6" Subject to Railway and Public Utilities Commission approval) • 27-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28' -0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30' -0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34' -0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be submitted to the Railway and to the (Agency) and shall not be undertaken until approved in writing by the Railway, and until the (Agency) has obtained any necessary authorization from the State Regulatory Authority for the infringement No extra compensation will be allowed in the event the Contractors work is delayed pending Railway approval, and/or the State Regulatory Authority s approval. • 1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices shall be home by the Agency. • 1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract plans shall be submitted to the Railway by (Agency) for approval before work is undertaken and this work shall not be undertaken until approved by the Railway. • 1.03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain a "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor shall be at the expense of the Contractor. • 1.03.08 Discharge, release or spill on the Railway Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railways Resource Operations Center at 1 (800) 832 -5452, of any discharge, release or spills. Contractor shall not allow Railway Property to become a treatment, storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. .I- I _ 1 nnnn n,._,. � ..t � 115 • 1.03.09 The Contractor upon completion of the work covered by this contract, shall promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and shall cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Safety Action Plan 1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor shall audit it's compliance with the Safety Action Plan. The Contractor shall designate an on -site Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any time during the course of the project. The Safety Action Plan shall contain, but not be limited to the following; +Contractors Employee Safety • Safety Orientation (Sec 1.02.01) • Job Briefings (Secl.06.01 & 1.06.02) • Personal Protective Equipment ( Sec 1.06.08) • Protection of Railway Facilities and Railway Flagger Services (Sec 1.03.05 & 1.05) • Protection of Contract Employees working nearer than 25 feet from any track (Sec1.06.03) • Work After Hours (Sec 1.06.04) +Contractor Employee Training' • Personal Injury Reporting (Sec 1.09) • Accident Investigation and Analysis +High Risk Work Areas/Situations • Notification of Damage to Railway property or hazards that could effect the safe operation of trains (Sec 1.06.06) • Falsework/Shoring affecting the integrity of tracks (Sec 1.01.06) • Clearances affecting the integrity of train operations (Sec 1.03.03) • Moving Equipment and Materials across Railway's tracks (Sec 1.03.07) • Security of Machines, Equipment and Vehicles (Sec 1.06.10) • Power line Safety (Sec 1.06.12) • Excavation Safety (Sec 1.07) +High Risk Employees • Alcohol and Drug Use (Sec 1.06.05) • Firearms or Deadly Weapons (Sec 1.06.07) +Property Damage, Housekeeping and Clean -up (Sec 1.03.01 & 1.03.09) + Storage of Materials (Sec 1.06.09) + Facility Auditing +Compliance with Laws (Sec 1.01.04) +Hazardous Substances and Materials + Discharges, Releases and Spills (Sec 1.03.08) + Hazardous Materials encountered in excavations (Sec 1.08) 1.05 Protection of Railway Facilities and Railway Flagger Services: • 1.05.01 The Contractor shall give a minimum of 5 working days notice to Charlie McCoy, the Railways Roadmaster, at (323)267 4009, in advance of when flagging services will be required. • 1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractors work activities are located over or under of and within twenty-five (25) feet measured horizontally from centerline of Ore nearest track and when cranes or similar equipment positioned outside of25 -foot horizontally from track centerline that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 116 + 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. + 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railways representative, track or other Railway facilities may be subject to movement or settlement + 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. + 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. + 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. + 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. + 1.05.03b Each time a Nagger is galled, the minimum period for billing shall be the eight (8) hour basic day. + 1.05.03c The cost of nagger services provided by the Railway, when deemed necessary by the Railways representative, will be home by the (Agency) for a period of consecutive calendar days beginning on the date work commences on or near the Railroad's property. '[rte Contractor shall pay to the (Agency) liquidated damages in the sum of S per day for each day in excess of the above consecutive calendar days the Contractor works on or new Railroad property, and which requires flagging protection of Railroad's facilities and trains. + 1.05.03d The average train traffic on this route is —I freight trains and S road switch engines per 244iour period at a timetable speed of 20 MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track shall be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall be conducted with all personnel involved with the task and repealed when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track without proper flag/work protection provided by the Railway, unless the track is protected by track bulletin and work has been authorized by the Railway. If nag /work protection it provided, every contractor employee must know: (1) who the Railway dagger is, and how to contact the nagger, (2) limits of the flag /work protection, (3) the method of communication to stop and resume work, and (4) entry into flag /work limits when designated. Men or equipment entering flag /work limits that were not previously job briefed, must notify the dagger immediately, and be given a job briefing if working at less than 25 feet from center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees shall be present at all times. 117 • 1.06.05 Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railways Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or if any hazard is noticed on passing trains, shall be reported immediately to the Railways representative in charge of the project. Any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) could result in a'train derailment and shall be reported by the quickest means possible to the Railway representative in charge of the project and to the Railways Resource Operations Center at l(800) 832 -5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and shall be posted at the job site. • 1.06.07 All persons are prohibited from having pocket knife with blade in excess of three (3) inches, firearms or other deadly weapons in their possession while working on Railways Property. 1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI specifications. Railway personnel protective equipment requirements are; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above - the -ankle lace -up with a defined heel and d), high visibility retro- reflective orange vests are required as specified by the Railroad's representative in charge of the project Hearing protection, fall protection and respirators will be worn as requited by State and Federal regulations • 1.06.09 The Contractor shall not pile or store any materials, machinery or equipment closer than 25' -0" to the center line of the nearest Railway track. At highway /rail at -grade crossings materials, machinery or equipment shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor, will establish a storage area with concurrence of the Railroad% representative. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railways Property must be left inoperable and secured against movement. • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. . • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load shall be; 200 KV or below - 15 feet, 200 to 350 KV - 20 feet, 350 to 500 KV - 25 feet, 500 to 750 KV - 35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum clearance of 45 feet must be maintained. A person shall be designated to observe clearance of the equipment and give a timely warning for all operations where, it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipelines, electric wires, or cables, including fiber optic cable systems that either cross or run parallel with the track which are located within the Projects work area. Excavating on Railway's Property could result in damage to buried cables resulting in delay to Railway traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. Before any excavation commences, the Contractor must contact the Railways Signal Supervisor and Roadmaster. All underground and overhead wives must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also the Contractors responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 118 1.07.02 The Contractor must cease all work and the Railway must be notified immediately before continuing excavation in the area if obstructions are encountered that do not appear on drawings. Ifthe obstruction is a utility, and the owner of the utility can be identified, then the owner should also be notified 'immediately. If there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of depth shall be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any worst tinder this Agreement, Contractor shall immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832 -5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as apart of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge ofthe project The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352 -7595 and to the Railway's Representative no later than the close of shift on the date of the injury. MS CA A,a Fd. zy 3= 119 NON - EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSMILITY OR LIABILITY. 1. Accident Ciry /St County: (if non -BNSF location) 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: 2. Date: _ 3. Temperature: City: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Put, (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: ❑ First Aid Only ❑ Required Medical Treatment ❑ Other Medical Treatment 13. Dr. Name 14. Dr. Address: Street: 15. Hospital Name: 16. Hospital Address: Street: 17. Diagnosis: 30. Date: Tune: _ 4. Weather SL Tip: City: St: Zip: City: St: Zip: FAX TO RAILWAY AT (817) 352 -7595 AND COPY TO RAILWAY ROADMASTER FAX 120 EXHIBIT IT-P, Agreement Between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY and the CONTRACTOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 740 E. Carnegie Drive San Bernardino. CA. 92408 -3571 Attention: Assistant Director Public Projects Railway File: 964 Agency Project: _Private Grade Separation Railroad M.P. 21M 14.20 4, IL-Oa Gentlemen: The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated .2000 with the for the performance of certain work in connection with the project in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ( "Railway "), right of way and property ( "Railway Property "). The Contract provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for (Agency) shall have executed and delivered to Railway an Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor, evidence is famished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly, as one of the inducements to and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway, regardless of the negligence of Railway, except to the extent that such claims are proximately caused by the sole intentional misconduct or sole negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to. any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT Approved VP Law April 17, 2000 Page 1 of 6 121 TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTORSHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILrrY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall give notice to Contractor, in writing, of the receipt or dependency of such claims andthereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement- Section 2. INSURANCE. (a) Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the term of this Agreement insurance, at Contractor's expense, covering all ofthe work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1) Workers' Compensation coverage as is required by State law. THE CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. (2) Commercial General Liability insurance covering liability, including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C, and U exclusions must be removed from the policy. (3) Automobile Liability insurance, including bodily injury and property damage, with coverage of at least 51,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement. (4) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CO 00 35 0196 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see Approved VP Law April 17, 2000 Page 2 of 6 122 attached copy) and the Los Angeles County Metropolitan Transportation Authority as an additional insured. The average train traffic per 24 -hour period on this route is 13 freight trains and 4 switch engine movements at a timetable speed of 2200 MPH. All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better. In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. (b) Such insurance shall be approved by the Railway before any work is performed an Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property wider the terms of the contract is satisfactorily completed as determined by (Agency) and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed bythe insurance company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability insurance policy to: Attention: Insurance Approvals Engineering Services The Burlington Northern and Santa Fe Railway Company 4515 Kansas Avenue Kansas City, Kansas 66106 The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice mailed by registered mail to Railway. Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under Section I will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. The Railway file reference number and location information shown at the top of this Agreement, mutt appear on any original insurance policies or certificates of insurance sent to Railway by the Contractor. Approved VP Law April 17, 2000 Page 3 of 6 123 Section 3. The Contractor will observe and comply with all the provisions, obligations and limitations to be observed by Contractor which are contained in the subdivision of the specifications of said Contract, entitled EXHIBIT "C ", CONTRACTOR REQUIREMENTS, and shall include, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 4. Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for all damages for any unscheduled delay to a freight or passenger train that affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment and nabs service employees contractual loss of incentive pay and bonuses, and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing Railway Work Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of rue, Contractor will be billed per freight train hour at an average rate of (538533 in 1997) with annual adjustments) per hour per train as determined from Railway's record. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. In addition to the above damages, passenger, U.S. mail trains and certain other grain, mtermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer. Under these arrangements, if Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor, or subcontractors. As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed damages per terms of the contract. Either Contactor, and/or subcontractors, caused a 29 minute delay to the train and therefore are not responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. As example, a train arrives 30 minutes after its contract service commitments and Railway it assessed damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 31 minute delay to the train and therefore are 100% responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains could be as high as $50,000.00 per incident. Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Approved VP Law April 17, 2000 Page 4 of 6 124 Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter, which, upon execution by Railway, shall constitute an Agreement between us. Yours truly, (Contractor) By (Title) Address � c•I r MvId The Burlington Northern and Santa Fe Railway Company By Assistant Director Public Projects Accepted this _day of .2000 State:—Zip: Approved VP Law April 17, 2000 Page 5 of 6 12 5 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion f. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or C) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: (. loss of, damage to-or loss of use of property directly or indirectly resulting from sub- surface operations of the Insured, and/or removal of, loss of or damage to sub - surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or mgnitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and /or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item I does not apply to tunnels. Approved VP Law April 17, 2000 Page 6 of 6 126 EXHIBIT "F " Agreement Between LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY and the CONTRACTOR The Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, California 90012 Attention: Director Third Party Coordination Gentlemen: The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated , 2000 with the for the performance of certain work in connection with the project in the performance of which work the Contractor will necessarily be required to conduct operations within the Los Angeles County Metropolitan Transportation Authority's ( LACMTA) right of way and adjacent to LACMTA's track and apputencences. The Contract provides that no work shall be commenced within LACMTA's right of way until the Contractor employed in connection with said work for (Aeencv) shall have executed and delivered to LACMTA an Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said contract and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor, evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly, as one of the inducements to and as part of the consideration for LACMTA granting permission to Contractor to enter upon LACMTA right of way, Contractor, effective on the date of said Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release LACMTA from any claims arising from the performance of this Agreement which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against LACMTA, regardless of the negligence of LACMTA, except to the extent that such claims are proximately caused by the sole intentional misconduct or sole negligence of LACMTA. Contractor shall indemnify and hold harmless LACMTA for all judgments, awards, claims, demands, and expenses (including attorney's fees, for injury or death to all persons, including LACMTA's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF LACMTA. ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LACMTA. 127 THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGEMENTS BROUGHT AGAINST LACMTA UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of LACMTA, that it shall adjust and settle all claims made against LACMTA, and shall, at LACMTA's discretion, appear and defend any suits or actions of law or in equity brought against LACMTA on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by contractor under this Agreement for which LACMTA is liable or is alleged to be liable. LACMTA shall give notice Contractor, writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against LACMTA, LACMTA may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at LACMTA's discretion, shall defend, adjust, or settle suits and protect, indemnify, and save harmless LACMTA from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. .It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. Section 2. INSURANCE (a) Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the tens of this Agreement insurance, at contractor' expense, covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1) Worker's Compensation coverage as is required by State law. THE CERTIFICATE METROPOLITAN TRANSPORTATION AU'T'HORITY (2) Commercial General Liability insurance covering liability, including but not limited to, Public Liability, Personal Injury, Property Damage and Contractual Liability covering ; the obligations assumed by Contractor in Section 1, with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C and U exclusions must be removed from the policy. (3) Automobile Liability insurance, including bodily injury and property damage, with coverage of at least $1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement. (4) Railroad Protective Liability insurance stating the Burlington Northern and Santa Fe Railway Company is the named Insured and that the Los Angeles County Metropolitan Transportation Authority is named as additionally insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least $5, 000,000 per occurrence and. $10,000,000. in the aggregate. Coverage shall be issued on a standard ISO form CG003050196 and endorsed to include ISO form CG28311093 and the Limited Seepage and Pollution Endorsement (see attached copy). 128 The average train traffic per 24 -hour period on this route is 13 freight trains and 4 switch engine movements at a timetable speed of 20 MPH. All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better. In all cases except Worker's Compensation coverage the certificate must specifically state that THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY IS AN ADDITIONAL INSURED. Any coverage afforded LACMTA, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of LACMTA. (b) Such insurance shall be approved by the LACMTA before any work is performed on LACMTA's Property and shall be carried until all work required to be performed on or adjacent to LACMTA's Property under the terms of the contract is satisfactorily completed as determined by (Aeency) and thereafter until all tools, equipment and materials not belonging to LACMTA, have been removed from LACMTA's right of way and LACMTA's right of way, track and appautenences are left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall famish LACMTA with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the insurance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability insurance policy to: Attention: Director Third Patty Coordination The Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or canceled insofar as the coverage contemplated hereunder is concerned, - without at least thirty (30) days notice mailed by registered mail to LACMTA. Full compensation for all premiums which the Contract is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefore or for additional premiums which may be required-by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the LACMTA herein under Section I will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. 129 Section 3. The Contractor will observe and comply with all the provisions, obligations and limitations to be observed by Contractor which are contained i�ef the specifications of said Contract, " and shall include, but not be limited to, payment of all costs incurred for any damages to LACMTA's right of way, resulting from use, occupancy, or present of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor's work so as to not cause an delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter, which, upon execution by Railway, shall constitute an Agreement between US. Yours truly, (Contractor) M (Title) Address City, State, Zip The Los Angeles County Metropolitan Transportation Authority Uz Director Third Party Coordination Accepted this _*day of , 2000 130 LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING Ok In consideration of the premium charged it is understood and agreed that Exclusion of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by :. a) unintended fire, lighting or explosion; or b) a collision or overturning of a road vehicle; or R. b) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: I. loss of, damage to or loss of use of property directly or indirectly resulting from sub - surface operations of the Insured, and/or removal of, loss of or damage to sub- surface oil, gas or any other substance; I . any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 1. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item I does not apply to tunnels 131 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to grant a pipeline easement to the Los Angeles County Metropolitan Transportation Authority (MTA) forthe Green Line Station's fire protection service in conjunction with the Douglas Street Gap Closure Project - Approved Capital Improvement Program - (No fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the easement grant; (2) Authorize the City Manager to execute the easement grant on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The construction of the City's Douglas Street Gap Closure Project necessitates relocation of an existing fire protection service to the Green Line Douglas Street Station. The new service will be located within City property at 630 South Douglas Street. The Los Angeles County Department of Public Works, the right -of -way acquisition agent for the project, has prepared the enclosed easement grant for execution by the City. ATTACHED SUPPORTING DOCUMENTS: 1. Easement grant. 2. Location map of easement. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINAT D DATE: February 10, 2004 Da bTd J son, Interim Director of I Works REVI DATE: fl M ry An,City Manager y 02 -17 -04 Grant and Easement to MTA for the Green Line Station's Fire Protection Service in conjunction with the Douglas Street Gap Closure Project 132 ORIGINAL RECORDING REQUESTED BY AND MAIL TO: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 14th Floor P.O. Box 194 Los Angeles, CA 90053 -0194 Attn: MTA Real Estate Space Above ]MS Line aeservea jor Recoraer s vsc THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE Assessor's Identification Number: THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT 4138 - 010 -900 (Portion) TO SECTION 27383 OF THE GOVERNMENT CODE EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF EL SEGUNDO, a municipal corporation does hereby grant to the LOS ANGELES COUNTY METROPOLITAN AUTHORITY, a public agency existing under the laws of the State of California, hereinafter referred to as "Grantee," a perpetual easement for fire protection riser purposes in, on, over, and across the real property in the City of El Segundo, County of Los Angeles, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof. Together with the further right to enter upon and to pass and repass over and along said easement and right of way and to deposit tools, implements, and other materials thereon by said Grantee its officers, agents, and employees, and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth. IN WITNESS WHEREOF, on , 20 , the CITY OF EL SEGUNDO, a municipal corporation, has caused this Easement document to be executed by its duly authorized officer pursuant to a resolution adopted by its City Council. (City Seal) ATTEST: By City Clerk OAG:in:P:Conf:eDOUGLAS ST2 -2FR CITY OF EL SEGUNDO, a municipal corporation Mayor File with: DOUGLAS STREET (2) Gap Closure /Grade Separation Parcel 2 -2FR I.M. 069 -157 S.D. 4 M02D6854 NOTE: Acknowledgment form on reverse side 133 ACKNOWLEDGMENT FORM STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , before me, the undersigned, personally appeared (insert name and title) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Name, Typed or Printed) (Seal) A V 1 ARIES: Al TAL'H A0011'IONAL OR OTHER FORMS, IF REQUIRED ACKNOWLEDGMENT FORM (FOR COUNTY USE ONLY) STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On , before me, CONNY B. McCORMACK, Registrar- Recorder /County Clerk of the County of Los Angeles, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CONNY B. McCORMACK, Registrar- Recorder/ County Clerk of the County of Los Angeles ED Deputy County Clerk APPROVED as to title and execution, , 20 DEPARTMENT OF PUBLIC WORKS Mapping & Property Management Division MARTIN J. YOUNG Supervising Title Examiner III By P'. \MPPUB \Wordpro \Title \Confidential \eDOUGLAS ST2- 2FR.doc (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the foregoing deed to the Los Angeles County Metropolitan Transportation Authority, a public agency, is hereby accepted by the undersigned on behalf of the Los Angeles County Metropolitan Transportation Authority pursuant to authority conferred by a Resolution of the Board of Directors of the Los Angeles County Metropolitan Transportation Authority, and the Grantee hereby consents to the recordation of this Easement by its duly authorized officer. Dated this day of 20 A File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138-010-900 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -21FR: That portion of Lot 22, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, within the following described boundaries: Commencing at the most northerly corner of said lot; thence South 62 023'46" East, along the northeasterly line of said lot, a distance of 4.23 feet to a point, said point being the beginning of a non - tangent curve concave easterly and having a radius of 414.15 feet, a radial of said curve to said point bears North 75 023'44" West; thence southerly, along said curve, through a central angle of 4 023'34 ", an arc distance of 31.75 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave easterly and having a radius of 291.00 feet, a radial of said last- mentioned curve to said last- mentioned point bears North 75 036'44" West; thence southerly, along said last- mentioned curve, through a central angle of 12 014'46 ", an arc distance of 62.20 feet to the TRUE POINT OF BEGINNING; thence non - tangent to said last- mentioned curve North 38 111'17 "East 75.56 feet; thence North 60 °16'16' West 39.43 feet to said curve described as having a radius of 414.15 feet; thence southerly, along said last- mentioned curve, to a line parallel with and 5 feet southwesterly, measured at right angles, from said course described as having a bearing and distance of North 60 016'16 "West 39.43 feet; thence southeasterly, along said parallel line, to a line parallel with and 5 feet northwesterly, measured at right angles, from said course described as having a bearing and distance of North 38 011'17 "East 75.56 feet; thence southwesterly, along said last- mentioned parallel line to said curve described as having a radius of 291.00 feet; thence southerly, along said last- mentioned curve to the TRUE POINT OF BEGINNING. Containing: 525± square feet. APPROVED AS TO DESCRIPTION AgriI aA- 2003 COUNTY OF LOS ANGELES By S G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A 135 Ln�\ 7�.DS r o p oz: N O O / q o oz. x t� o z x A �, p •` sr �/, N e V1 l I ` N �� O O O CD cc) \ ry �� I I � •j � N N Q V 3 I Rol In pl Z� CD H z In 3 J ry w .-� c� v LD NWp ¢pi i -0 ~ Q CD °o W N o o CV w O n I to Co Q U C) z i a V � Q a O N I ♦♦ V N ° N fiC / N 0 I N Se. i S �t v ~ Q CD °o W N o o CV w � a Q U C) z i Li V � Q a Y O Y 0 0 Q i Q In woo 1'3 6 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to execute a Memorandum of Agreement with the City of Los Angeles to perform a bacteria TMDL Implementation Plan Study. Reclassify $35,000 from Contractual Services within the Wastewater Division to the Storm Drain Division — (No fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation: (1) Authorize the City Manager to execute a Memorandum of Agreement with the City of Los Angeles; (2) Reclassify $35,000 from the Wastewater Division Contractual Services Account No. 001 - 400 - 4301 -6206 by $35,000 to the Storm Water Contractual Services Account No. 001 - 400 - 4302 -6206; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 19, 2003, the State Water Resources Control Board approved Resolution No. 2002- 022 establishing limits for the Total Maximum Daily Loads (TMDL) of bacteria during wet weather for Santa Monica Bay Beaches. (Background & discussion continues on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1. Bacteria TMDL Implementation Plan Memorandum of Agreement. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: BY: City Manager None $35,000 001 - 400 - 4302 - 6206;001- 400 - 4301 -6206 N/A Yes - $35,000, approve the reclassification of contractual services budget appropriation. DATE: February 12, 2004 DATE: ,V" 02 -17 -04 Total Maxinwm Daily Loads (TDMQ of Bacteria y during Wet Weather for Santa Monica Bay Beaches 137 BACKGROUND & DISCUSSION: (continued) The TMDL addresses documented bacteriological water quality impairments at 44 beaches from the Los Angeles/Ventura County line to Outer Cabrillo Beach. In addition to establishing TMDLs for Santa Monica Bay, Resolution 2002 -022 also: (1) divided Santa Monica Bay into seven (7) jurisdictional groups; (2) assigned communities to the seven (7) jurisdictions; and (3) assigned lead agencies for each jurisdiction. Each of the seven (7) jurisdictions is comprised of a group of associated sub - watersheds. Jurisdiction Two consists of the area comprising the Castlerock, Santa Ynez Canyon, Pulga Canyon, Santa Monica Canyon, and Dockweiler sub - watersheds. It also includes the following agencies: the City of Los Angeles, the City of El Segundo, the City of Santa Monica, the County of Los Angeles, the California Department of Transportation, and the California Department of Parks and Recreation. The City of Los Angeles is the primary agency for our jurisdiction. To facilitate a coordinated and cost - effective response to the Resolution, the agencies agreed to provide the City of Los Angeles with the necessary authority to contract with a Consultant for the preparation of the Implementation Plan. The agencies are in agreement with a formula by which to calculate each Party's monetary contribution to prepare the Implementation Plan based on land area. At this time it is anticipated our associated costs will be approximately $35,000 for the development of the Implementation Plan. In addition, monitoring costs associated with the Plan are anticipated to be around $10,000. A separate Memorandum of Agreement will be required for implementation of the monitoring plan. This Memorandum of Agreement will be brought forward at a later date. The first of three (3) Stakeholder workshops on the implementation plan has been scheduled on February 26, 2004. The workshops will provide an opportunity for the City Council, Chamber of Commerce, neighboring communities and concerned residents to comment and discuss the compliance requirements and the Implementation Plan approach. The workshops will also feature technical, policy, and environmental studies to -date that will help achieve long- term protection for the Santa Monica Bay Beaches. 138 02 -17 -04 Total Maximum Daily Loads (TDML) of Bacteria during Wet Weather for Santa Monica Bay Beaches DRAFT REVISED — January 16, 2004 MEMORANDUM OF AGREEMENT SANTA MONICA BAY WET WEATHER BACTERIA TMDL IMPLEMENTATION JURISDICTIONAL GROUPS TWO AND THREE This Memorandum of Agreement ( "MOA ") is made and entered into effective as of 2004, following execution by all of the parties, the last date set forth below by and between the City of Los Angeles, a body corporate and politic ( "Los Angeles "); the City of Santa Monica, a body corporate and politic ( "Santa Monica"); the County of Los Angeles, a body corporate and politic ( "County"); the City of El Segundo, a body corporate and politic ("El Segundo'), and the State of California, through its Department of Transportation ( "Caltrans "); (individually "Party" and collectively, "Parties "), with respect to the following: RECITALS 1. Whereas, on March 19, 2003, the State Water Resources Control Board approved Resolution No. 2002 -022 ( "Resolution 2002 -022) adopted by the California Regional Water Quality Control Board, Los Angeles Region ( "RWQCB ") establishing the limit for the Total Maximum Daily Loads ( "TMDL ") for bacteria during wet weather for Santa Monica Bay Beaches, a true and correct copy of which is attached as Exhibit A hereto and incorporated herein; and 2. Whereas, the TMDL has become effective on July 15, 2003; and 3. Whereas, the TMDL addresses documented bacteriological water quality impairments at 44 beaches from the Los Angeles/Ventura County line (to the northwest) to Outer Cabrillo Beach (just south of the Palos Verdes Peninsula); and 4. Whereas, in addition to establishing TMDLs for Santa Monica Bay, Resolution 2002 -022 also: (1) divided Santa Monica Bay into seven jurisdictional groups; (2) assigned communities and other responsible jurisdictions to these seven jurisdictional groups; and (3) assigned lead agencies ( "Primary Jurisdictions ") for each jurisdiction; and 5. Whereas, for the purposes of enforcing the TMDLs, Resolution 2002 -022 defines "responsible jurisdictions and agencies" as: (1) local agencies that are responsible for discharges from a publicly owned treatment works to the Santa Monica Bay watershed or directly to the Bay; (2) local agencies that are permittees or co- permittees on a municipal storm water permit; (3) local or state agencies that have jurisdiction over a beach adjacent to Santa Monica Bay; and (4) the California Department of Transportation. Resolution 2002- 022 additionally defines "primary jurisdiction" as the jurisdiction comprising greater than fifty percent (50 %) of the land area in a defined sub - watershed; and 6. Whereas, each of these seven jurisdictions is comprised of a group of associated sub - watersheds. Jurisdiction Two consists of an area comprising the Castlerock, Santa Ynez Canyon, Pulga Canyon, Santa Monica Canyon, and Dockweiler subwatersheds. Jurisdiction Two includes the following agencies: the City of Los Angeles, the City of El Segundo, the City of Santa Monica, the County of Los Angeles, the California Department of 139 Transportation ( "Caltrans "), and the California Department of Parks and Recreation. The City of Los Angeles is the "primary jurisdiction" ( "Primary Jurisdiction") for Jurisdiction Two. Jurisdiction Three consists of the Santa Monica subwatershed and includes the following agencies: the City of Santa Monica, the City of Los Angeles, the County of Los Angeles, Caltrans, and the California Department of Parks and Recreation. The City of Santa Monica is the "primary jurisdiction" ( "Primary Jurisdiction ") for Jurisdiction Three; 7. Whereas, the Parties acknowledge that the TMDL requires the submittal of a draft written report by 20 months after the effective date of the TMDL ( "Draft Implementation Plan ") and a final written report ( "Final Implementation Plan "), by two years after the effective date of the TMDL, outlining how each party intends to cooperatively achieve compliance with the TMDL through those Jurisdictional Groups and 8. Whereas, the TMDL document has identified the California Department of Parks and Recreation as a responsible agency in Jurisdictional Group Two and Three, given its jurisdiction over State Beaches within the boundaries of these Jurisdictional Groups. However, The California Department of Parks and Recreation has elected to develop its own implementation plan for complying with the TMDL requirements; and 9. Whereas, the five public entities whose names are set forth and incorporated herein by this reference in both Jurisdictional Groups Two and Three, jointly agree to enter into this MOA to, among other things, set forth their intent to adopt the integrated water resources approach to compliance with the TMDL; and 10. Whereas, to facilitate a coordinated and cost - effective response to the TMDL, the Parties agreed to provide the City of Los Angeles with the necessary authority to contract with a Consultant for the preparation of the Implementation Plan. Responsible agencies are in agreement with a formula by which to calculate each Party's monetary contribution to prepare the Implementation Plan as set forth in this reference; NOW, THEREFORE, the Parties do hereby agree as follows: AGREEMENT ARTICLE I — Purpose of MOA and Nature of Implementation Plan 1. Purpose of MOA — A. The Parties agree that the purposes of this MOA are to fulfill the requirements that were imposed on the Parties by the TMDL document to develop and submit a Draft Implementation Plan by March 15, 2005, and a final Implementation Plan by July 15, 2005, and to share the costs associated with the development of that Implementation Plan. The Implementation Plan shall apply the integrated water resources approach requirements as described in the TMDL document. 2 140 B. The Parties desire to cooperate with each other to develop a coordinated Implementation Plan for both Jurisdictional Groups Two and Three that employs an integrated water resources approach. The Responsible Agencies further desire to set forth their respective duties and obligations with respect to the development and submittal of that Implementation Plan and to provide the City of Los Angeles, the Primary Jurisdiction for Jurisdiction Two, with the necessary authority to contract with a third party to obtain services for the development of, preparation and submittal of the Implementation Plan, and to take such other actions necessary or convenient to implement this MOA. The Parties also agree on a formula by which to calculate each Party's monetary contribution to prepare the Implementation Plan. C. Henceforth, this MCA is being developed to facilitate the development of a cost effective and a well - coordinated Implementation Plan, to establish the roles of the Parties in undertaking the necessary work to prepare the Implementation Plan, and to address the cost sharing among the Parties for the retention of a consulting team by the City of Los Angeles to assist with the development of an Implementation Plan that is consistent with the goals of the Jurisdictional Groups and in compliance with the TMDL requirements. 2. Implementation Plan — The Parties agree that the Draft and Final Implementation Plans to be submitted on behalf of the Parties in the combined Jurisdictional Groups Two and Three shall adopt the "integrated water resources approach" ( "IWR Approach "), wherever technically, politically, and economically feasible, which provides for final compliance within no more than 18 years after the effective date of the TMDL. The Parties understand the IWR Approach to be one that not only seeks compliance with the TMDL, but also remedies other water quality impairments in the area, as well as other public works needs, but need not include groundwater recharge and the reuse of storm runoff. 3. "Maximum Extent Practicable" Standard — Nothing in this MOA, nor the Work, nor any activity approved or carried out by the Parties hereunder, shall be interpreted as a waiver of the position that the maximum effort to be undertaken by the Parties is subject to the "Maximum Extent Practicable" standard set forth in the Clean Water Act. 141 3 ARTICLE II— CONTRACTING AND FUNDING 1. Contracting - The Parties acknowledge the deadlines imposed by the TMDL and that an agreement with a consulting firm will need to be executed to start the development of the required deliverables. Henceforth, the Parties agree that the City of Los Angeles will proceed ti contract on behalf of the Parties with securing the services of the consulting team from the Joint Venture of C112M Hill, Inc. and Camp Dresser & McKee, Inc. (CH: CDM) to assist with the development of an Implementation Plan that is consistent with the goals of the Jurisdictional Groups and in compliance with the TMDL Requirements. The contract ( "Contract °)with CH:CDM shall incorporate pertinent Los Angeles contracting requirements and policies, such requirements and policies to be attached to the RFP. The Contract shall recite, however, that it is for the benefit of all of the Parties and shall be paid for by the Parties in the shares agreed to by the Parties. TheContract shall also provide that the City of Los Angeles may terminate it upon written notice. 2. Administration of Consultant — The City of Los Angeles shall be responsible for coordinating the activities of CH:CDM, to ensure that the Implementation Plan and all related deliverables specified in the scope of work are being delivered on time and within budget. 3. Funding Agreements — The Parties hereby agree to share the costs of work based on the percentage of land area within the jurisdictional boundaries of each Responsible Agency that is within the combined Jurisdictional Groups Two and Three. The breakdown of landmass by agency and the exact share for each Responsible Agency is set forth in Exhibit C, attached hereto and incorporated herein by this reference. Any funding arrangement reached by the Parties shall apply to the tasks set forth in Article 1, Section 1, above, shall not extend to any implementation of the Implementation Plan. All Parties agree that the total cost to prepare and submit the Implementation Plan shall not exceed $782,000, unless with express written consent of all Parties. 4. Invoice and Payment — Upon Contract execution with CH:CDM, all costs of completed work, as described in Article 1, are to be shared as set forth in Exhibit C. 50% of the shared consultant cost is due and payable to the City of Los Angeles from each Party upon execution of this MOA and the remaining 50% is due on March 2005. The City of Los Angeles will invoice the Responsible Agencies and payment shall be made within 45 days. ARTICLE III — Organization 1. Meetings — The Parties agree that their Representatives (as defined below) shall meet, at minimum, once per month to discuss the development, preparation and submittal of the Work ( "Work Meetings "). The attendees at Work Meetings shall attempt to meet in person, although teleconference meetings may be held upon agreement of the Representatives. Work Meetings shall be held at the Bureau of Sanitation, Watershed Protection Division facility, 2714 Media Center Drive, Los Angeles, CA 90065, or at such other locations determined by the Parties. The Chair shall distribute a written agenda at least two business days prior to the date of the Work Meeting, except in the case of an Emergency Meeting. The Chair or any two Parties may call an 4 142 Emergency Meeting of the Parties to discuss issues required to be addressed by the Parties prior to the date of the next scheduled Work Meeting. Emergency Meetings may be held in person or by teleconference. 2. Quorum — Attendance or participation via teleconference at a Work Meeting or an Emergency Meeting by at least three Parties shall constitute a quorum effective to conduct business, except that in no case shall a quorum exist in the absence of the City of Los Angeles and the City of Santa Monica. 3. Representatives — Each Party shall appoint a single voting representative ( "Representative ") and one or more alternates to vote at the Work or Emergency Meetings, although other representatives of the Party may also attend. The name of each Party's Representative is set forth in Exhibit B, but each Party may designate alternate Representatives to act on its behalf by providing written or e-mail notice to the Chair. A Representative from each Party must attend every scheduled Work Meeting or Emergency Meeting, except that a Party that will be absent from a Work or Emergency Meeting may appoint another Party's Representative to act as its proxy, with full power to vote as directed by the absent Party. Any such proxy arrangement shall be memorialized in a writing or electronic mail transmitted to the Chair prior to the date of the Work or Emergency Meeting. 4. Chair — The Representative from the City of Los Angeles is designated as the Chair of the Work and Emergency Meetings. In addition to the individual appointed Chair, the alternate Chair shall be the City of Santa Monica, who will serve in the absence of the Chair. The Chair or acting Chair shall sign all written communications made on behalf of the combined Parties to the RWQCB or other third parties. All written communications shall be copied to all Parties to this MOA. 5. Information Sharing — The Parties mutually agree to share, to the extent not otherwise prohibited by law or by legal or trade secret privilege, all information required to develop, prepare, and submit documents required for the Work, including monitoring data, CADD and GIS or other electronic data. Such sharing shall be subject to any applicable license agreements or other restrictions. All data shared among the Parties shall be provided "as is" and without warranties as to accuracy or as to any other characteristic, whether express or implied. The intent of this data - sharing provision is to facilitate the Work, and the Parties agree not to use such data for tasks not related to the Work. 6. Voting — Any actions taken at any meeting shall be approved by a simple majority of the voting power cast by the Representatives, either acting or on behalf of their Party or for another Party through a properly noticed proxy. Each Party shall be bound as to any action taken by the Parties at a Work Meeting or Emergency Meeting, whether that Party was present or absent from the Work Meeting or Emergency Meeting. 7. Subcommittees — The Parties may appoint such subcommittees, as they believe appropriate and useful to conduct the work set forth in this MOA, except that any actions to be taken by the Parties shall be decided by the Representatives at the Work or Emergency Meetings. 5 143 8. Minutes — The City of Los Angeles and the City of Santa Monica shall alternatively draft and distribute written minutes of all meetings. The minutes of all Work Meetings and Emergency Meetings shall be distributed to the Representatives of the Parties by email or at the addresses designated in Exhibit B, as well as to an appropriate representative of the RWQCB. 9. Grant of Mutual Access Rights — During the term of this MCA, each Party to this MOA hereby grants to every other Party the right of access and entry to all storm drains, creeks, beaches, and existing monitoring stations at beaches subject to this MOA (the "property") at all reasonable times for the purpose of discharging the duties and obligations described in this MOA. Prior to exercising said right of entry, the entering Party shall provide reasonable written notice to the Responsible Agency who owns or has jurisdiction over the property in question. For the purposes of this provision, written notice shall include notice delivered via email. All notices provided pursuant to this Article 5 shall be delivered to the Party Representative of the Party to be notified. (a clause for accessing Caltrans right of way will be provided) ARTICLE IV — GENERAL PROVISIONS 1. Notices — Any notices, bills, invoices, or reports relating to this MCA, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the Party at the addresses set forth in Exhibit B attached hereto. Written notice shall include notice delivered via email. A notice shall be deemed to have been received on (a) the day of delivery, if delivered by hand during regular business hours or by confirmed facsimile or by email; or (b) on the third business day following deposit in the United States mail, postage prepaid to the addresses set forth in Exhibit B attached hereto. 2. Relationship of the Parties — The Parties are, and shall at all times remain as to each other, wholly independent entities. No Party to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other Party or otherwise act as an agent of any other Party except as expressly provided to the contrary by this Agreement. No Party shall, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of any other Party to this MOA. 3. Administration — For the purposes of this MOA, the Parties hereby designate as their respective Party Representatives the persons set forth in Exhibit B. The designated Party Representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective Party. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this MOA on behalf of such Party. 4. Cooperation, Further Acts — The Parties shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this MOA. 144 rl 5. Amendments — This MOA may be amended by simple majority vote of the voting power of the Parties, except that the terms of any proposed amendment shall be transmitted in writing to the Chair at least thirty (30) days prior to the date of a Work Meeting or, if the proposed amendment is to be considered at an Emergency Meeting, the terms of such amendment shall be transmitted in writing to the Chair at least five (5) business days prior to the date of the Emergency Meeting. To be effective, all amendments must be in written form and executed by all Parties. 6. Execution of Counterparts — This MOA may be executed simultaneously in counterpart, each of which shall be deemed an original, but of which, together, shall constitute but one and the same instrument. 7. Effective Date — The effective date ( "Effective Date ") of this MOA shall be the last date set forth on the face of this MOA. This MCA shall be binding upon and shall inure to the benefit of the respective successors, heirs and assigns of each Responsible Agency. 8. Terms of Termination — This MOA shall continue in effect until the RWQCB approves the Implementation Plan in writing, unless earlier terminated by a simple majority vote of the voting power of the Parties. 9. Withdrawal from MOA — A responsible agency may withdraw from this MOA only if the Regional Board consents to the withdrawal and a valid reason is presented to the remaining Parties and approved by a simple majority of the voting power by the Representatives. The withdrawing Party will pay 25% of their total agreed cost share as a penalty for withdrawing in addition to the 50% paid at the time this MOA is executed, as denoted in the terms of Section 4, Article II. Remaining cost shares will be distributed among the remaining Parties according to their proportional cost share as set forth in Exhibit C. 10. Special Provisions for Caltrans' Delay in Appropriation of Funds — This MOA has been signed by Caltrans before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of the Parties in order to avoid program and fiscal delays that would occur if the MOA was executed after that determination was made. This MOA is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Congress or the California State Legislature for the purpose of the draft and final implementation plan. In addition, this MOA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may effect the provisions terms or funding of this MCA in any manner. Should the Congress or the State Legislature decide not to appropriate sufficient funds for the draft and final implementation program as stated in this MOA, Caltrans has the option to withdraw from this MOA and the general provisions of this MCA will not be applicable to Caltrans. 11. Indemnification — Each Party shall be solely responsible and liable in connection with its actions associated with its responsibilities under this MOA. All Parties shall indemnify, 145 7 defend, and hold one another harmless for all losses, claims, and liability (including attorneys fees and costs) arising to the extent of their sole negligence or willful misconduct. IN WITNESS WHEREOF, the Parties to this MOA have caused this MOA to be executed on their behalf, respectively, as follows: CITY OF LOS ANGELES Attest: J. Michael Carey City Clerk Approved as to Form: Rockard J. Delgadillo City Attorney By: Christopher M. Westhoff Assistant City Attorney CITY OF SANTA MONICA Attest: Maria Stewart, City Clerk Approved as to Form: Marsha Jones Moutrie, City Attorney COUNTY OF LOS ANGELES Im Valerie Lynne Shaw, President Board of Public Works By: Susan McCarthy, City Manager s 146 CITY OF EL SEGUNDO Attest: Cindy Mortesen City Clerk By: _ Mike CALIFORNIA DEPT. OF TRANSPORTATION Attest: Gordon, Mayor <<Name>> <<Name>> <<Title>> <<Title>> C Approved as to Form: <<Name>> <<Title>> <<Name>> <<Title>> 147 <<Name>> <<Title>> 10 EXHIBIT B Santa Monica Bay Watershed Jurisdiction 2 and 3 Representatives Primary Jurisdiction: Jurisdiction 2 1. City of Los Angeles "PRIMARY JURISDICTION" FOR JURISDICTION TWO 2724 Media Center Drive Los Angeles, California 90065 Fax: () - Party Representative: «name >>, <<title>> Jurisdiction 3 2. City of Santa Monica, "PRIMARY JURISDICTION" FOR JURISDICTION THREE 200 Santa Monica Pier, #K Santa Monica, California 90401 Fax: (310) 393 - 1279 Neal- shauiro(a)santa- monica.org, www.santa- monica.org/environment Party Representative: Neal Shapiro, Urban Runoff Management Coordinator Phone No.: (310) 458 -8223 Additional Responsible Jurisdictions: 3. California Department of Transportation, District 07 (Caltrans) 120 South Spring Street, MS 13 Los Angeles, California 90012 Fax: (213) 897_ - 0205 Party Representative: Bob Wu, Senior Transportation Engineer Robert _wu @dot.ca.gov Phone: (213) 897 -8636 4. County of Los Angeles 900 South Fremont Ave. Alhambra, California 91803 -1331 Fax: O Party Representative: <<name >>, <<title>> City of El Segundo 350 Main Street El Segundo, California 90245 Fax: 11 149 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of plans and specifications for core drill for installation of Heritage Stones - Approved Capital Improvement Program — Project No. PW 04 -03 - (estimated cost = $43,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise the project for receipt of bids; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Heritage Stones on Main Street and Grand Avenue, within the limits of the Downtown Specific Plan Improvements Project, were removed during construction. The Downtown Specific Plan Improvements Project was completed in December, 2003. Staff has prepared plans and specifications for re- installment of the stones. This project would core drill 12" circular holes for reinstallation of the Heritage Stones. These stones will be placed in their original location, by City staff. ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: $45,000 $43,000 301 - 400 - 8201 -8573 Adoption of plans and specifications No ORIGINATE BY DATE: February 10, 2004 David, o nsof}!I erim Director of Public Works Strenn -7 /y'O: 9 02 -17.04 Adoption of Plans and Specifications for Core Drill for Installation of Heritage Stones 152 o� I'1 p A O k � T � j� m n�r- o U-)� f m z n :lo BLANCHE AM CLOUNNEY A0. LAUREL AVE PACIAIC WE. MAPLE AVE.. p PALM W, y POINSETTIA WE K WALNUT AN, PINE WE: O T ELM 1V G: OR WE.: ySEPULVEDA 2 � S D ti ti D 2 0 ITT a Z PARK WAY AVIATION T t- m 2 W N 0 2 fN SAN OIE GO CITY OF HAWTHORNE O m D D n T LOS ANGELES COUNTY r O N 0 D m r T N H K 1 53 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt plans and specifications forthe City Library Interior Meeting Rooms and Modifications — PW 03 -09 - Approved Capital Improvement Program - (Estimated cost = $321,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Allocate $78,200 from Library Developer Fees and $68,950 from Library State Funds; (2) Approve plans and specifications; (3) Authorize staff to advertise the project for receipt of construction bids; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Background & discussion on the next page. ATTACHED SUPPORTING DOCUMENTS: 1. Interior drawing of Library's proposed remodeled areas. FISCAL IMPACT: Capital Improvement Program: $173,850 Amount Requested: $321,000 Account Numbers: 301 -400- 8201 -8497 Project Phase: Adoption of plans and specifications Appropriation Required: Yes - $147,150; This appropriation is offset by revenues already received of Library Developer Fees of $78,200 (001 -253- 0000 - 1253), CLSA Funds of $21,450 (708- 300 - 8104 - 3703), and PLF Funds of $47,500(708- 300 - 8103 -3703) yi ORIGINATED BY. DATE: February 10, 2004 Davin Jo n ono, Interim Director o ublic Works ebra Brighton, Director of Library & Cable Services DATE: February 10, 2004 � TVy 02 -17 -04 Adopt Plans and Specifications for the 10 City Library Interior Modifications— PW03 -09 154 BACKGROUND & DISCUSSION: (continued) The City Council approved a Library Capital Improvement Program for FY 2003/04 to modify a periodical storage area because of an increase in demand by the public for additional meeting and study rooms. The Matsui Room is continually booked by local community organizations and more space is needed to accommodate smaller groups of 6 -12 people for tutoring, study groups, Friends of the Library meetings, City Commission meetings, and other business meetings. There is also a need to eliminate some compaction problems in the library's processing, shipping & receiving area, by modifying staff offices along the west side of the main floor of the library. The firm Charles Walton & Associates (CWA) was awarded the design contract. Their plans and specifications are now ready to go out for construction bids. The following is a summary of the proposed bid: 1. The north periodical storage area on the main level will be converted to four (4) meeting rooms. 2. The south book processing area behind the front circulation desk will be converted to an area for three (3) library staff; offices along the west side will be converted to accommodate two (2) library staff who will move out of the book processing area. 3. An existing microfiche area will be converted to an office for the Director of Library & Cable Services. The current estimated cost of the project is as follows: Design: $ 43,000 Construction cost: $185,000 15% construction contingencies: $ 28,000 New furnishings: $ 45,000 Construction inspection: 20,000 Total estimated project cost: $321,000 Funds currently identified as available for the project are as follows: CIP funds = $173,850 Library Developer Fees _ $ 78,200 Public Library Funds* _ $ 47,500 California Library State Act Funds* = 22,650 $322,200 Total $322,200 * These funds require City Council allocation. 0247 -04 Adopt Plans and Spedfirations for the City Library Interior Modifwtions — PNOM9 155 k MEETING ROOMS WEST OFFICES i \ l Z w Ll d e O �- = � m \ c o o BOOK PROCESSING FRONT ENTRANCE MARIPOSA AVE. 156 CITY PUBLIC LIBRARY EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the submission of a grant application to the Governor's Office of Emergency Services (OES) under the Hazard Mitigation Program to support construction of a new Fire Station #2 facility. Fiscal Impact: $683,050.00 COUNCIL ACTION: 1) Adopt a Resolution identifying agents authorized to represent the City of El Segundo in the HGMP grant application, assurances, certifications, and agreements; 2) Authorize the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498; 3) Authorize the City Manager and /or City Manager's designees to sign and submit the HGMP grant application, any assurances or certifications to the Governor's Office of Emergency Services; 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: As a result of the declaration of a major federal disaster for DR -1498 (California Firestorms), the State of California and the counties of Los Angeles, Sam Bernardino, Ventura, Riverside, and San Diego are eligible for grant funding under the Hazard Mitigation Grant Program (HGMP) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. $14 million dollars are being provided to reduce or eliminate future damages. The City of El Segundo submitted a Notice of Interest (NO[) and received approval for its proposal by the State OES. - Continued on next page - ATTACHED SUPPORTING DOCUMENTS: DR -1498 Hazard Mitigation Grant Program Memorandum (January 27, 2004) Resolution FISCAL IMPACT: Operating Budget: N/A Amount Requested: $683,059.00 Account Number: 301 - 400 - 8207 -8576 Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED: DATE: Norman AngeloeFire Chief REVIEWED BY: DATE: Mary n, City Manager a -- O'-t—o L/ 15 7 11 BACKGROUND & DISCUSSION (continued): The grant project under the proposal would partially fund the demolition and reconstruction of El Segundo Fire Station #2 at 2161 E. El Segundo Blvd. The HGMP grant, which is only awarded under a Presidential Disaster Declaration, is formulated on a 75% federal reimbursement and 25% local government cost share. This grant would fund $2,732,143.00 toward the demolition of the existing facilities, establishment of temporary quarters during construction, and construction of a new modern fire station engineered for essential (emergency) services. The federal cost share would be $2,049,107.00 and El Segundo's share would be $683,036.00. These costs would fund approximately 7000 to 8500 square feet of space, which is the existing size of the current fire facilities. FEMA will not approve or fund beyond any activity to expand the size or capacity of existing facilities. Under the NOI statement submitted, the City of El Segundo is committed to bear all funding costs beyond its cost share for all construction costs exceeding the existing size (footprint) of the current facility. This grant would fund a substantial portion of the project. There are currently funds set aside through the CIPAC process to cover the required grant matching funds. The remainder of the funds in CIPAC and revenue from the eventual sale of the existing Station #2 property would expedite construction of a new modern facility. The proposed Fire Station would house primary and reserve apparatus, 12 personnel, provide male and female quarters, bath and shower facilities, and existing equipment storage. El Segundo Fire Station #2 was constructed in 1958 and is currently rated as "seismically unsafe" because it is constructed primarily of unreinforced masonry (brick and mortar /URM). Recent earthquakes have shown the high vulnerabilities of pre- 1970's URM structures, making them and the missions they support vulnerable to the effects of major earthquakes, endangering life safety, and impeding post- earthquake response efforts. In all of the recent earthquakes experienced locally, older URM buildings suffered the most structural damage in the earthquake. Fire Station #2 represents a critical asset to the City of El Segundo and the greater South Bay Area. Under the priorities established under the Hazard Mitigation Grant Program, URM facilities and local government emergency (essential) facilities are listed in the higher priorities for replacement programs. A formal application detailing the project is required to be submitted by April 2, 2004. The applications are taken and prioritized on a first -come, first -served basis. The application will be submitted well before the deadline to ensure a competitive advantage in the final determination of approved projects under the grant. Any application approved, and the award of funding under this grant, would be brought to the Council for approval prior to the submission of any agreements or other commitments to the project are made. 158 City of El Segundo INTERDEPARTMENTAL CORRESPONDENCE Date: January 27, 2004 To: Norm Angelo, Fire Chief From: David S. Burns, Emergency Services Coordinator Subject: Hazard Mitigation Grant Program (HGMP) Funding — (FEMA 1498 DR CA) On January 9, 2004, FEMA released $14million dollars as a result of the Presidential Disaster Declaration arising out of the California Firestorms of 2003 (DR- 1498). HMPG grants are provided on a cost share basis of 75 percent federal share and 25 percent non - federal (local) share. Interested applicants are required to complete a Notice of Interest (NOI) form for initial screening. State OES will accept NOI's until 5:00 p.m. on February 6, 2004. The NOI was submitted via the OES website today. A copy of the summary is attached to this memorandum. In accordance with the recently adopted grant policy, the Fire Department's grant summary is provided as follows: 1. Name of Agency Providing Grant — Federal Emergency Management Agency (FEMA) 2. Total Amount of the grant being requested: $2,732,143 3. Total Amount of Local Matching Funds Required: $683,036.00 (25 %) 4. Total Amount of Federal Matching Funds Requested: $2,049,107.00 (75 %) 5. Grant funds are reimbursable — local funds are spent and then reimbursed by FEMA. 6. Identify how grant funds ties to identified and prioritized needs analysis based on goals and objectives and mission of the department: The City of El Segundo has sought the demolition and replacement of Fire Station since 1998, when a formal project study and Council direction was provided to replace a fire station that was built in 1958 and is rated as "seismically unsafe." The existing facility, constructed primarily of concrete and unreinforced masonry (brick/URM), is deemed to be at risk for failure in the event of a prolonged, moderate to severe earthquake. As recently experienced in the Paso Robles (San Simeon Quake), unreinforced masonry (URM) facilities are subject to rapid and complete failure, placing the building's occupants at risk. URM facilities are high on the list of mitigation projects FEMA has prioritized for federal funding. In addition, replacement of emergency facilities is highly prioritized. These two issues provide significant justification for the replacement of the Fire Station #2 facility. Identify any known special conditions: If this project is accepted by FEMA, the replacement of the fire facility is based on capping FEMA's cost share to the existing square footage. El Segundo will bear all costs beyond the existing footprint of approximately 7000 -8500 square feet. The proposed plans call for a building of approximately 14,000 square feet (an increase of about 5000 square feet). There are no other issues; maintenance is already part of the annual operating costs from the Fire Department Budget. Submission of the grant Notice of Interest is the first part of the grant process. A formal application under HMGP process is due by April 2, 2004. The intent is to submit the application under the existing schedule. 153 HMGP NOI Page 1 of 2 HMGP NOTICE OF INTEREST (NOI) Disaster No: 1498 Thank you for submitting a Notice of Interest to the Governor's Office of Emergency Services, Hazard Mitigation Grant Program. Please print this page and retain a copy for your records. Submission Datefrime: 01127/2004 04:11:16 PM 1. Federal Information Processing Number (FIPS #): 2. Applicant Name: 3. Applicant Address: City: County: 4. Applicant Type: City State Assembly: 5. Legislative Dlstricts:State Senate: U.S. Congressional District: 6. Authorized Applicant Agent 037- 22412xxx -xxxxx City of El Segundo 314 Main Street El Segundo Los Angeles 53 28 36 State: First Name: David Last Name: Burns Title: Emergency Services Coordinator Address: 314 Main Street City: El Segundo State: California Phone: 310 -524 -2252 Ext: Fax #: 310- 414 -0929 EMail Address: dburns @elsegundo.org 7. Activity Location: 2161 East El Segundo Boulevard (corner of Nash Street and El Segundo Boulevard). Thomas Brothers: 732 H2 9. Project Manager/Working Contact: First Name: John Last Name: Gilbert Title: Administrative Battalion Chief Address: 314 Main Street City: El Segundo State: California Phone: 310- 524 -2221 Ext: Fax #: 310 - 414 -0929 Entail Address: jgitbert@elseg undo ,org 9. Alternate Contact: First Name: Norm Last Name: Angelo Title: Fire Chief Address: 314 Main Street City: El Segundo State: California Phone: 310- 524 -2219 Ext: Fax #: 310- 414 -0929 Entail Address: nbangelo @elsegundo.org 10. Activity Type: Project 11. Activity Title /Name: El Segundo Fire Station URM Mitigation Project California Zip Code: 90245 Zip Code: 90245 Zip Code: 90245 Zip Code: 90245 12. Brief Summary of the Problem: (Describe the problem you are attempting to mitigate in the space provided below) Recent earthquakes have shown the high vulnerabilities of pre -1970s unreinforced concrete and masonry structures making them and the missions they support vulnerable to the effects of major earthquakes endangering life safety and impeding post- earthquake response efforts. In all of the recent earthquakes experienced locally older unreinforced masonry buildings suffered the most structural damage in the earthquake. Government buildings located in high or moderate risk seimic zones are especially vulnerable. The existing El Segundo Fire Station #2 located at 2161 East El Segundo Boulevard was constructed in 1958 and is comprised of 3 buildings: a fire station (crew quarters 160 http: / /www.oes.ca.gov/ Operational/ OESHome .nsf/PrintViewNOI /35B4CBE371 AE374C8... 1/27/2004 HMGP NOI Page 2 of 2 living common area bathroom and apparatus bay) ' a four -story training tower /offices /workout rooms and an equipment storage room, These buildings are constructed primarily of concrete and brick (unreinforced masonry/URM). The facilities are not seismically reinforced and considered moderate to high -risk facilities. This critical emergency (essential) facility represents half of the fire suppression and medical /rescue resource deployment capability for the City of El Segundo. It does not provide sufficient capacity to store and house all of the fire apparatus assigned to the area (Ladder truck fire engine /pumper and an ambulance). The facility does not provide an adequate environment for the health and safety of the firefighters housed there. A moderate to severe earthquake (magnitude 5.0 +) of prolonged duration in greater Los Angeles area would most likely render the facilities uninhabitable or worse create a sudden partial or complete structural failure of the building and its contents. The worst -case scenario would be the loss of the facilities loss or damage to the fire apparatus and potential death injury or permanent disability to the firefighters stationed there during an earthquake. The City of Los Angeles and Benicia Fire Departments both experienced building failures and partial structural collapse during the Northridge (1994) and Loma Prieta (1989) earthquakes. This Fire Station represents a critical asset to the City of El Segundo. 13. Brief Summary of the Solution: (Describe the proposed mitigation solution in the space provided below) The City of El Segundo proposes to demolish all of the existing Fire Station #2 facilities and construct a new and modern fire facility using essential facility engineering standards ensuring critical resources for firefighting and medical /rescue are available in an emergency. Under DR -1498 the solution we propose is commensurate with the Hazard Mitigation Program priorities for the earthquake protection of ?emergency facilities? that are essential for the provision of fire suppression rescue and medical (ambulance) services to the general public and surrounding communities. Temporary facilities would be erected to house the firefighters equipment and fire apparatus during the construction of the new fire facility. The new facility would be seismically engineered to withstand a moderate to severe earthquake and would provide a safe and healthy environment for the firefighters and fire equipment housed there. The new facility would meet essential facility standards and engineered for public safety and emergency services occupancy. In addition the facility would be constructed to comply with all regulatory statutes including the Americans with Disabilities Act (ADA) accommodate unisex health and safety concerns separate shower and bath facilities sleeping quarters and provide a safe environment for the firefighting personnel stationed there, To ensure compliance with the HGMP program the City of El Segundo will bear all construction costs associated beyond the existing square footage. FEMA ?s 75% cost share would be capped at an amount consistent with the existing square footage or same size as the existing fire station. The new facility would also provide additional space for the storage of reserve fire apparatus and serve as an alternate emergency operations center for the City of El Segundo. 14. Duplicate Programs: Has this activity received funding or is being considered for funding from another federal program such as the NRCS Emergency Watershed Protection Act or the FEMA Public Assistance Program ? No If yes, identify the program and the Disaster Survey Report, Project Worksheet, or application number(s). Total Activity Cost: Federal Requested Share: $$2,049,107 Applicant Match: $$683,036 Total Activity Cost: $$2,732,143 Electronic Notification of NOI Status Prefrence The Hazard Mitigation Grant Program will provide immediate notification of your Not status following our review. To sign up for this service please select Yes below and provide us with the contact information for 1 of your staff. Request Email Notification: No 161 http: / /www.oes.ca.gov/ Operational/ OESHome .nsf[PrintViewNOI /35B4CBE371 AE374C8... 1/27/2004 RESOLUTION NO. A RESOLUTION DESIGNATING THE CITY MANAGER OR DESIGNEE AS AUTHORIZED TO APPLY FOR FEDERAL ASSISTANCE FROM THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1998 AND /OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Manager, or designee, is authorized to apply for federal assistance from the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1998 and /or state financial assistance under the Natural Disaster Assistance Act. SECTION 2: The City Manager, or designee, is authorized to execute any required documents to receive the monies for the purposes identified herein. SECTION 3: The City Manager, or designee, is authorized, subject to City Council approval, to accept and spend the monies identified in this Resolution for the purposes set forth herein. SECTION 4: The City Council hereby amends or supplements the City's Budget for fiscal year 2003 -2004, and any succeeding fiscal year, to appropriate the monies identified herein to pay for the relief identified in this Resolution. The City Manager, or Designee, is authorized to implement the purpose of this section. SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 6: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this day of _ 2004. Mike Gordon, Mayor .162 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2004, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney G EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the submission of a grant application to the Governor's Office of Emergency Services (OES) to partially fund staff costs to prepare a Hazard Mitigation Plan. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Authorize the preparation of a HGMP grant application under Presidential Disaster Declaration DR -1498. 2) Authorize the City Manager and /or City Manager's designees to sign and submit the Hazard Mitigation Plan grant application, any assurances or certifications to the Governor's Office of Emergency Services. 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: As a result of the declaration of a major federal disaster for DR -1498 (California Firestorms), the State of California and the counties of Los Angeles, Sam Bernardino, Ventura, Riverside, and San Diego are eligible for grant funding under the Hazard Mitigation Grant Program (HGMP) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. $1 million dollars is being provided for cost recovery in the development of Hazard Mitigation Plans. The City of El Segundo submitted a Notice of Interest (NOI) for its proposal to the State OES. - Continued on next page - ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: '2— a Norman Angelo, FiP6 Chief Mary St Manager 1�,� 12 BACKGROUND & DISCUSSION (continued): The grant project under the proposal would partially fund staff recovery costs for the development of a Hazard Mitigation Plan, which is required under Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and the Disaster Mitigation Act of 2000 (public Law 106 -390). Hazard Mitigation Plan guidelines and orientations were provided to the City of El Segundo in January 2004. To date, the State of California has not released formal program guidance. The Hazard Mitigation Plan is a comprehensive analysis of the city's known natural and technological hazards and outlines policy decisions by the local government in the mitigation and correction of these known hazards. The Plan is mandated under federal statute in order for local governments to be eligible to receive Hazard Mitigation Grant funding beyond November 4, 2004. Regulations governing these plans were published in the Federal Register as an Interim Final Rule on February 26, 2002, and October 1, 2002, as Title 44, Part 201 of the Code of Federal Regulations (44 CFR Part 201 & 206). Staff from the City Manager's Office, Fire Department/OES, Community and Economic Development Services (CEDS), Public Works, and Administrative Services have been briefed on the plan development process. Each of these departments will be affected in the creation of the plan, and the City of El Segundo is seeking grant funding to obtain recovery of 75% of the anticipated personnel and administrative costs. The HGMP grant is formulated on a 75% federal reimbursement and 25% local government cost share. The City of El Segundo's cost share would be provided through in -kind personnel costs and materials (postage, duplication costs, etc.). Based on a survey of staff and materials costs through August 2004, the estimated cost of plan development at the time of this report is in the area of $100,000.00 to $125,000.00 dollars. Local governments are working on plan development in coordination with the Governor's Office of Emergency Services (OES), County of Los Angeles, and the South Bay Council of Governments. Any application approved, and the award of funding under this grant would be brought to the Council for approval prior to the submission of any agreements or other commitments to the project are made. 165 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the request to waive fees for city services for the El Segundo Little League and Girls Softball Opening Day parade. Fiscal Impact $900. RECOMMENDED COUNCIL ACTION: (1) Waive fees for city services needed for securing the parade. (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Little League and El Segundo Girls Softball Association have traditionally put on a short parade as part of their Opening Day ceremonies. The parade begins with the staging at 9:00a.m. at the Joslyn Center parking lot, officially hitting the streets at 10:00a.m. The parade runs from the Joslyn Center parking lot in Recreation Park, west on Grand Avenue, north on Main Street and east on Pine Avenue to Recreation Park to their respective fields of play. The conclusion of the parade is estimated within one half hour from the start time. There is a minimum of cost for Police support (3 motor officers, two P.S.O.'s and two cadets) estimated at approximately $900. (Public Works and Recreation and Parks Department do not provide services for the parade). ATTACHED SUPPORTING DOCUMENTS Letter, of request from El Segundo Little League and El Segundo Girls Softball Association. FISCAL IMPACT: Operating Budget: $900 Amount Requested: Account Number: El Segundo Police Department Project Phase: Appropriation Required: _Yes _ No Recreation Superintendent DATE: Mary nn, City Manager �°�j. 13 1 r36 EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Councilmember Gaines AGENDA DESCRIPTION: Consideration and possible action to authorize a member of staff to attend the 2004 University of California Airport Noise and and Air Quality Symposium from March 1 through March 4, 2004 (Fiscal Impact - $1,700) RECOMMENDED COUNCIL ACTION: 1) Authorize attendance of 2004 Airport Noise and Air Quality Symposium by one member of staff; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The 2004 University of California Institute of Transportation Studies Airport Noise and Air Quality Symposium will take place in Palm Springs, CA from March 1 through March 4. In years past, members of City Council, LAXMAC and ASNAC have attended the symposium. This year, members of ASNAC have requested to attend the conference. However, in an effort to maximize the benefit of the information presented at the conference, it is recommended that the City's RSI Coordinator be authorized to attend and submit a report of the conference to the City Manager. The 2003/2004 City budget includes funding for attendance at this conference. ATTACHED SUPPORTING DOCUMENTS: Conference brochure for 2004 Airport Noise and Air Quality Symposium. FISCAL IMPACT: $1,700 Operating Budget: $6,500 Amount Requested: $1,700 Account Number: 001 - 400 - 2901 -6402 Project Phase: N/A Appropriation Required: _Yes X No e ruary T J ?nl.klaines/C�ouricilmember REVIEWED BY: DATE: ; ;, /,y 167 14 � m 0 1 z 0 0 , � , n z a \ 0 � - ! k , � ; c � 0 -4 m » z , ! 0 , � � 0 z - � c 0 ; 0 ; m < , m � c » � � I k I � m 0 0 � , , - r i z | « , , 0 ■ | ! 9 j> \ |m ! * + \ 0 \ ) n 0 �\ \/ to 0 0 \ 0 CT } \� cr ( � * + + p ; @ , o CD o o } ® e / 57 / ( |( -4} 3 (\ 2 FD. } z I' o < }/ (n c \ \ ( ID k / I \ /n\ e 7\} {} , § /) I � s ■ � � ° » : 169 0 v Y u m N 0 3 o T o o- Y m m n D Si O v 3. 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EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Gordon AGENDA DESCRIPTION: Consideration and possible action regarding Council appointments to develop a Task Force for an Aquatic Master Plan for the City of El Segundo. (No fiscal impact) RECOMMENDED COUNCIL ACTION: 1- Council to appoint two Recreation and Park Commissioners, and some community members to work with staff to develop an Aquatic Master Plan for the City of El Segundo. 2- Task Force will begin in March 2004 and present its report back to Council in November 2004. The following individuals will constitute the Task Force: Recreation and Parks Director, Aquatic Supervisor, 2 Recreation and Parks Commissioners, and members of the community, Henry Stuart, Ron Swanson, Barbara Briney, Anne Marie D Augustino, Kelly and Shelly Kemp. 3- Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In July 2001, Rowley International conducted an analysis of the Urho Saari Swim Stadium and made recommendations for swimming pool and systems renovations to meet current codes and to provide a modern and efficient public aquatic facility. They listed several areas that they felt needed to be addressed to ensure a more efficient operation. Starting in 2002, the Capital Improvement Program has included funding to develop an Aquatic Master Plan. It has been recommended that a task force work with staff and possibly a consultant to develop this plan. Some of the issues that the task force will be considering are: a foundation or business plan for possible funding opportunities, inventory of existing facilities and programs that currently serve the community, aquatic needs of the community, etc. This plan will be presented to the Recreation and Parks Commission, and if approved the plan will be submitted to the City Council for action. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: none at this time Operating Budget: Account Number: Amount Requested: Project Phase: _2/1a✓o 41 Ivor / 4' / Mary S renn, City Manager 15 181