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CONTRACT 2369 Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING CITY OF EL SEGUNDO AND CITY OF LOS ANGELES HYPERION LANDSCAPE AGREEMENT CONTRACT 2369 CITY OF FL SEM INDO The following is the Memorandum of Understanding (MOU) between the Cities of El Segundo and Los Angeles regarding the proposed Hyperion Landscape Agreement. This document outlines the responsibilities and obligations of both cities for the implementation of a landscape plan, as described and explained as follows: I. Design and Review a) The City of El Segundo is responsible for the design and preparation of a landscape plan and its specifications. The limits of said plan shall encompass a portion of the Los Angeles Department of Water and Power (DWP) property abutting the eastern boundary of the Hyperion Treatment Plant (HTP), as follows: Northing 12,300 to 11,100, Easting 2,500 to 3,000. The design of the plan shall include a permanent irrigation system capable of providing water (reclaimed water, if possible) from the City of Los Angeles for all vegetation designated in the plan. All irrigation requirements shall be according to the provisions set forth in Section III of this MOU. The City of Los Angeles shall provide a connection point to the landscape site with adequate flow capacity and pressure to meet the needs of the irrigation system. b) The City of El Segundo shall submit the landscape plan and specifications to the City of Los Angeles for review. The City of Los Angeles shall have ten calendar days in which to review the plan or request alterations to it in writing. Thereafter, the City of El Segundo shall re- submit any revised plans to the City of Los Angeles. c) The City of El Segundo shall secure all necessary permits required by its various departments to plan, survey, construct, and maintain the proposed landscape plan. The City of Los Angeles shall provide to El Segundo, without charge, all necessary City of Los Angeles permits, easements, and rights of entry necessary to plan, survey, construct, and maintain the proposed landscape plan. All construction and maintenance responsibilities of each respective city shall be according to the provisions set forth in Sections II and III of this MOU. Hyperion Landscape Agreement Memorandum of Understanding Page 2 of 4 II. Administration and Construction CONTRACT 2869 CITY OF F1.: SEGI INDO a) The City of El Segundo shall be responsible for the full implementation of the approved landscape plan and specifications. These responsibilities shall include all administrative activities such as advertising, bidding, and awarding of the landscape construction contract. They shall also include all other contract administration and inspection duties. III. Maintenance a) The City of El Segundo's landscape contractor shall provide full maintenance of the constructed landscape and irrigation system for a period of 24 months after final construction is complete. Full maintenance shall include irrigating, pruning, replacing all dead trees and plants in kind, re- seeding of failed ground cover, repairing all irrigation system malfunctions, and any other actions necessary to produce a healthy, viable landscape. Since the landscape is designed to be "natural dune ", pruning shall only be done to limit the height of all vegetation to a limit of 120 feet above sea level, and to encourage the growth of plants as needed. b) At the end of the 24 months described in paragraph III.a., Los Angeles shall take over full maintenance duties according to the provisions in paragraph III.c., below. Los Angeles reserves the right to inspect all aspects of the landscape one month prior to accepting full maintenance in order to ensure that the contractor complied with all aspects of paragraph III.a. Any items found not to be in compliance shall be submitted in writing to El Segundo in time for repair prior to the expiration of the 24 month contractor maintenance obligation. The contractor shall correct such items prior to Los Angeles accepting full maintenance responsibilities of the landscape. c) Upon accepting full maintenance of the landscape, Los Angeles shall be responsible for the following duties for a period of 36 months: Los Angeles shall limit the height to 120 feet above sea level. The number of living plants shall be required to be at least 90% of the design allotment for each species. If the number of living plants for any species should fall below 90 %, Los Angeles shall replace in kind to achieve the 100% level. El Segundo reserves the right to inspect the landscape during and at the end of this 36 month period to ensure compliance with the provisions of this paragraph. Any items found not to be in compliance shall be submitted in writing to Los Angeles, which will correct such items prior to deeming the landscape as a natural state. d) After the 36 month period referred to in Paragraph III.c above, regular irrigation shall no longer be required for the landscape unless it is needed to irrigate replacement plants until they are established. With the exception of limiting the height to 120 Hyperion Landscape Agreement Memorandum of Understanding Page 3 of 4 CONTRACT 2369 CJTY OF F11 SEM INDO feet above sea level, all aspects of Los Angeles' duties shall terminate at the conclusion of the 36 month period, and the landscape shall be deemed a natural state. However, after the 36 month period, if the number of living plants for any species should fall below 80% level, Los Angeles shall make a determination that a particular species of plants will not be able to be maintained at 100% of the design allotment level at that location, and will propose an alternative species for planting or an alternative design allotment level. This determination shall be communicated, in writing, to El Segundo. If El Segundo disagrees with this determination, it can invoke the conflict resolution outlined in the Mitigation Monitoring and Implementation Plan (MMIP) and the Settlement Agreement of 1991. e) The El Segundo Police and Fire Departments shall have full access to the landscaped area within the DWP property at all time. IV. Funding a) The City of Los Angeles shall tender a warrant to the City of El Segundo in the amount of $210,000, made in three equal payments of $70,000 each, to be deposited by the City of El Segundo in an established Hyperion Landscape account. The first payment in the amount of $70,000 shall be provided by Los Angeles within 45 days of the execution of this document. The second payment of $70,000 shall be made at the award of the landscape contract and the third payment of $70,000 shall be made three months after the second payment or when the contractor's cumulative progress payments exceed fifty percent of the original contract amount, whichever occurs first. The City of El Segundo will use the funds in the Hyperion Landscape account to make disbursements to cover the costs of, including but not limited to, engineering fees, permits, and construction expenses incurred solely by the landscape contractor. The City of El Segundo will be responsible for any expenses beyond the amount of $210,000 provided by the City of Los Angeles. Any funds remaining in the Hyperion Landscape account upon completion of the construction contract shall be returned to the City of Los Angeles within 60 days. b) The City of Los Angeles reserves the right to audit any and all charges incurred pertaining to the use of the $210,000 provided to El Segundo, and El Segundo must maintain any and all billing statements, ledgers, books of account, records, invoices, vouchers, canceled checks, warrants, and other documents evidencing or relating to charges or expenditures paid by said funds in the Hyperion Landscape account. These records shall be made available to the City of Los Angeles for inspection or audit at any time during regular business hours upon written request by Los Angeles. V. Resolutions of Disputes /Mitigation of Outstanding Items Hyperion Landscape Agreement Memorandum of Understanding Page 4 of 4 CONTRACT 2369 CITY OF FI.! SEMI INDO a) This Memorandum of Understanding and the implementation of the landscape plan shall constitute the resolution of the currently outstanding disputes between El Segundo and Los Angeles. The two outstanding disputes are 1) the digester height dispute, and 2) the temporary power poles dispute. Also, this MOU and plan shall serve to mitigate the prior loss of vegetation that occurred within said boundaries described in paragraph I.a. due to the construction of the north electrical duct bank (constructed by the C -106 construction contract). Finally, this MOU and plan shall serve to complete in full the mitigation measure required in Section II.H.1.(a) of the Mitigation Monitoring Implementation Plan pertaining to the completion of a construction visual impacts study. VI. Addendum a) All or any part of this MOU or any requirement therein may be changed or - 1 ered at any time by mutual written agreement of both the y ;�• f '�egundo and the City of Los Angel For the City of Los Angeles 9 Charles E. Dickerson III President, Board of Public Works Title or the Ci €v of El Segundo Carl Jacobson Mayor of El Segundo 9/16/94 Title Date