SR 09-13-2011 8A~r
~;tYof City Council Report
Santa Monlea°
City Council Meeting: September 13, 2011
Agenda Item:
To: Mayor and City Council
From: Rod Gould, City Manager
Marsha Moutrie, City Attorney
Subject: Approval of Master Cooperative Agreement with the Exposition Metro Line
Construction Authority for construction of a light rail transit system within
the City of Santa Monica
Recommended Action
Staff recommends that the City Council approve the attached resolution approving a
Master Cooperative Agreement with the Exposition Metro Line Construction Authority
and the Los Angeles County Metropolitan Transportation Authority and authorize the
City Manager to execute the Master Cooperative Agreement and to negotiate and
execute any other ancillary agreements that may be necessary and appropriate
Executive Summary
On May 10, 2011, Council approved an ordinance which authorized the City Manager to
negotiate a Master Cooperative Agreement (Cooperative Agreement) with the
Exposition Metro Line Construction Authority (Construction Authority), subject to Council
approval. The Construction Authority currently has a cooperation agreement with the
City of Los Angeles for both phase one and phase two of the Expo Line. It has asked
for a similar one with the City of Santa Monica for phase two, a portion of which will be
constructed within the City of Santa Monica. The Expo Construction Authority Board of
Directors must also approve the agreement prior to it becoming effective.
Since the cooperative agreement will govern the working relationship between the City
and the Construction Authority during the construction of the light rail project within the
City of Santa Monica, and since some aspects of current City laws have to be modified
to allow for the construction of the. light rail project, the cooperative agreement will
supersede other City laws on a limited basis and only when. expressly stated. Such
areas occur in the permit review, permit payment and permit approval process. Except
when the cooperative agreement expressly provides its own requirements, the light rail
project will comply with all other provisions of the Santa Monica Municipal Code and
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applicable resolutions, including City standards, customs, policies and practices. The
cooperative agreement also provides for a cost estimation process on City requested
improvements, so called "betterments", to the project at City expense.
Discussion
The Construction Authority is charged with building the light rail project and will disband
at the completion of its mission. The California Public Utilities Commission has a role in
reviewing and approving at-grade rail crossings. The line will be turned over to the Los
Angeles County Metropolitan Transportation Authority ("Metro") for operation following
its anticipated construction completion in 2015. A separate maintenance and operation
agreement will be entered into with Metro at a later date and is authorized under the
City's ordinance.
Construction of the light rail project will require extensive permitting from the City of
Santa Monica as well as significant City technical support. Construction will impact
numerous existing City facilities from sewer and water lines, to streets and sidewalks,
traffic and street lights. Road closures and traffic detours will occur as construction
progresses. The project will affect parking, street trees, sidewalks, alleys and street
intersections. Work will encompass various types of construction, excavation,
exploration and testing. It will also include the setup of barricades or other types of
pedestrian and traffic control devices.
Given the scope of the project, the Construction Authority's and the City's staffs will
need to work in very close cooperation to ensure that during construction the impacts of
the Project are effectively handled with as minimum disruption as is possible to the
community. Close cooperation will also be needed in order to adhere to the current
project time line.
The cooperative agreement will establish a procedure and process for dealing with all
light rail project work that is to be done within the City, especially as it impacts the public
right of way or existing City facilities. The cooperative agreement will apply to all public
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streets and public easements, including any portion(s) of private properties dedicated
for public rights-of-way purposes. Nothing in the cooperative--agreement will relieve the
Construction Authority or its contractors from the requirement to submit all plans,
documents and reports for review and comment before obtaining City approval prior to
the start of any construction activity within the public right-of-way. These will include
plan checks, permits, or inspections required for fire and life safety matters by the Santa
Monica Fire and Police Departments, hazardous materials soil removal, abatement of
hazardous material storage tanks, special extinguishing systems, State Fire Marshall
Code requirements, etc.
It is anticipated that costs incurred by the City staff and its consultants for design review,
design issues resolution, permit coordination, construction support and inspection are to
be reimbursed by the Construction Authority through a work plan authorization process
specified in the cooperative agreement, instead of through the individual permit
application process.
The following is a list of the various permits that are normally issued by the City for work
in the public right-of-way:
• Use of Public Property Permit (including temporary traffic control plans)
• Street Construction Permit
• Utility Excavation Permit
• Encroachment Permit (for encroachments into the public right-of-way)
• Sewer Permit
• Storm Drain (Connection) Permit
• Oversized Load Permit
• After Hours Construction Permit
The cooperative agreement's special permitting process will serve in lieu of the current
permitting process for these permits. The special permitting process and other
divergences from standard municipal code requirements are authorized by Ordinance
No. 2357. The special permitting process is intended to facilitate an expedited review
and approval of improvements and plans and authorize-the construction of facilities in
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the public right of way. All work on private property within the City will still require the
issuance of a building permit from the Building and Safety Division, which will not be a
part of the cooperative agreemeht's permit process. All work on MTA property within
the City is exempt from City approvals and is subject to a separate approval process.
The following capital entitlement fees related to City water and wastewater enterprise
funds will be required to be paid by the Authority pursuant to the Santa Monica
Municipal Code:
• Water Demand Mitigation Fee
• Water Capital Facility Fee
• Wastewater Capital Facility Fee
• Industrial Waste Discharge Permit
The following permit fees will be paid as currently required under the Santa Monica
Municipal Code, by the design-build contractor. They will not have a separate
permitting process under the cooperation agreement:
• Temporary Water Meter Fee
• Temporary "No Parking" Permits Fee
As approved, the project removes parking on the south side of Colorado permanently. A
replacement parking plan is being developed by the Construction Authority. The
temporary "no parking" permit fee will only be charged if parking is removed for
convenience of the Authority or its contractor which includes employee vehicle parking,
or the unnecessary staging of construction related vehicles.
The Authority shall not perform any work outside of the hours permitted by City law
without obtaining the prior approval of the Director of Public Works. The Director of
Public Works may approve night, weekend or holiday work hours if the Director
determines such work hours to be in the best interest of the City and furthers the public
welfare. In approving any such work hours, the Director of Public Works may impose
conditions that, in the Director's sole discretion, mitigate the impacts of any such work
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so that it causes the least disruption and inconvenience to the overall public. In very
limited-circumstances, the Director of Public Works may also authorize construction no
earlier than a 7 a.m. start in certain areas, where continuity of work will expedite the
project schedule and, after consultation with the neighborhood, is preferable to a longer
build time.
As required by the cooperative agreement, the Authority shall require its contractors to
provide advance notification to the City before implementing any street, traffic lane, or
sidewalk closures for which the construction plans have been reviewed and approved
by the City. Street, lane, and sidewalk closures and detours shall be consistent and
compatible with the approved plans unless emergency circumstances occur. Public
notification of street closures will be posted in advance of closure, as well as any street
parking restrictions. The cooperative agreement also contains provisions for modifying
any planned closures within the public right-of-way, should conditions change or in
response to the needs of the community.
During the course of the project staff may determine it is in the City's best interest that a
public facility receive an upgrade or enhancement to the condition proposed by the
Authority. Such upgrades or enhancements are defined as betterments within the
cooperative agreement. City staff may request such betterment from the Authority.
Upon City's request for betterments, the Authority will obtain a cost proposal for
preliminary engineering design and range of construction costs through the Authority's
design build contractor. The Authority will perform an independent assessment of the
cost of the Betterment and consult with City on its independent assessment upon
delivery of the cost proposal for the Betterment. City will review such cost proposals and
request Council approval for the design of the betterment and development of a not to
exceed construction cost. The City may also request assistance from the Authority to
conduct an independent cost analysis, at the City's expense, of the contractor's cost
estimate for the betterment. Upon City's acceptance of the cost proposal and Couhcil
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approval, the City will issue a work authorization to the Authority to proceed with
construction of the betterment.
Financial Impacts & Budget Actions
City staff costs for design review, design issues resolution, permit coordination,
construction support and inspection will be reimbursed by Expo through a City work
plan authorization, as specified in the cooperative agreement.
The Construction Authority includes expenditures for city costs in an annual work
authorization plan that is part of their adopted annual budget for tasks to be performed
by City staff in support of the light rail project. Adoption of the cooperative agreement
does not impact the General Fund.
Funding for the costs of any betterment will be brought back for Council approval at
such time as staff will request- authorization to proceed with preliminary engineering
and/or a construction.
Prepared by: Kathryn Vernez, Assistant to the City Manager
Joseph Lawrence, Assistant City Attorney
Martin Pastucha, Public Works Director
David Martin, Acting Director, Planning & Community Development
Approved:
I athryn Vern z
Assistant to the City Manager
r ~ ~~~_~ ~.~,~ ~~- ___~
J use Law~nce
~.__ ssistant City Attorney
Forwarded to Council:
'--mac ~'`~_
Rod Gould
City Manager
Attachments:
A) Resolution
B) Agreement
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Attachment B
MASTER COOPERATIVE AGREEMENT
FOR
THE EXPOSITION METRO LINE
BY AND AMONGST
THE CITY OF SANTA MONICA
AND
THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY
Dated September , 2011
Master Cooperative Agreement Exposition LRT
City of Santa Monica September 2011
TABLE OF CONTENTS
ARTICLE 1 GENERAL PROVISIONS ........................................................................ .....2
1.1 Scope of Agreement ................................................................................... .....2
1.2 Duration of Agreement ................................................................................ .....3
1.3 Conditions Precedent ................................................................................. .....3
1.4 Definitions .......................................................................:........................... .....3
1.5 Representatives .......................................................................................... ...11
ARTICLE 2 DESIGN ................................................................................................... ...12
2.1 Community Notifications and Review ......................................................... ...12
2.2 Coordination ............................................................................................... ...12
2.3 Design of Rearrangements Performed by Authority, Its Consultants and
Contractors ............................................................................................................ ...13
2.4 Design of Rearrangements Performed by City ........................................... ...14
2.5 City Review and Approval of Significant Changes ...................................... ...15
2.6 Betterments ................................................................................................ ...16
2.7 General Design Criteria .........................:.................................................... ...16
2.8 Changes in Approved Plans ....................................................................... ...17
2.9 Specific Design Requirements for Rearrangements ................................... ...17
2.10 Construction Staging Plans ........................:................................................ ...19
2.11 Assistance by City ...................................................................:.................. ...20
2.12 City Review of Any Project Design Submittals ............................................ ...21
2.13 Coordination of New and Unrelated City and Other Facilities ..................... ...22
2.14 Relocation of City Utilities and Private Utilities ............................................ ...22
ARTICLE 3 AUTHORIZATION, CONSTRUCTION, AND PROPERTY RIGHTS........ ...22
3.1 Community Notifications ............................................................................. ...22
3.2 Permits ...........:........................................................................................... ...23
3.3 Special Permit Process and Waiver of Certain Permit Fees ....................... ...23
3.4 Special Permitting Process Conditions ....................................................... ...27
3.5 Work in Streets ........................................................................................... ...30
3.6 Temporary and Permanent Street Closures ............................................... ...31
3.7 State and Federal Requirements ...........................:.................................... ...31
3.8 Grant of Rights .................................:.......................................................... ...31
3.9 Replacement Rights-of-Way ....................................................................... ...31
3.10 City Licenses within the Project Right of Way Owned by Metro .................. ...32
3.11 Temporary Authority Facilities .................................................................... ...32
3.12 Temporary City Facilities ........................................................:................... ...33
3.13 Night, weekend, early hours and holiday construction activity ..................:. ...33
ARTICLE 4 EFFECTING REARRANGEMENTS ........................................................ ...33
4.1 Authority Construction of Rearrangements ................................................. ...33
4.2 City Construction of Rearrangements ......................................................... ...34
4.3 Maintenance ..........................................................:.................................... ...34
4.4 "As-Built" Drawings ..................................................................................... ...34
4.5 City Activities .............................................................................................. ...36
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City of Santa Monica September 2011
ARTICLE 5 CITY CONSTRUCTION SERVICES, INSPECTION AND QUALITY
ASSURANCE .................................................................................................. ..............36
5.1 Construction Support and Services .............................:................... ..............36
5.2 Inspection during Construction ........................................................ ..............36
5.3 Final lnspection ......:......................................................................... ..............37
5.4 Materials, Equipment and Prototype Testing ................................... ..............38
5.5 Use of Improvements during Construction ....................................... ..............38
5.6 Acceptance by City .......................................................................... ..............39
5.7 Reproducible Contract Documents .................................................. ..............39
5.8 Underground Service. Alert .............................................................. ..............39
ARTICLE 6 PROJECT WORK BY CITY .......................................................... ..............39
6.1 Standards ....................:................................................................... ..............39
6.2 Work Order for Design ..................................................................... ..............39
6.3 Design ...............:............................................................................. ..............40
6.4 Procurement .........................................................................:.......... ..............40
6.5 Construction by Contractor .............................................................. ..............40
6.6 Construction by City Forces ............................................................. ..........:...40
6.7 Inspection ........................................................................................ ..............41
6.8 Reports and Invoices ....................................................................... ..............41
6.9 Requirements .................................................................................. ..............41
ARTICLE 7 DISPOSITION OF SALVAGED MATERIALS ............................... ..............41
7.1 Salvage .........:.................................................................................. ..............41
7.2 Salvage Credits ............................................................................... ..............42
ARTICL E 8 REIMBURSEMENTS TO CITY ..................................................... ..............42
8.1 Reimbursement to City .........:.......................................................... ..............42
8.2 Reimbursement for Abandoned Facility ........................................... ..............42
ARTICL E 9 REIMBURSEMENTS AND CREDITS TO AUTHORITY .............. ...............43
9.1 Survey; Review of Records ............................................................ ...............43
9.2 Salvage ........................................................................................... ...............43
9.3 Cost Determination and Payment of Betterments ........................... ...............43
9.4 Credits to Authority Where City Performs Work ..........................:... ...............44
9.5 Payments to Authority Where Authority Performs Work ................. ...............44
9.6 Intentionally Reserved ............................:...................:................... ...............44
9.7 Reimbursement to Authority ........................................................... ...............44
ARTICLE 10 INDEMNITY, WARRANTIES AND INSURANCE ......................................45
10.1 Indemnity ...........................................................:................................:..........45
10.2 Warranty ..................................................:.....................................................45
10.3 Contractor lnsurance .....................................................................................46
10.4 Contractor Bonds ...........................................................................................46
ARTICLE 11 FUNDING AND FINANCIAL ARRANGEMENTS WITH METRO ..............46
ARTICLE 12 WORK PLANS, WORK ORDERS, BILLINGS, DEADLINES AND DELAYS47
Master Cooperative Agreement ii. Exposition LRT
City of Santa Monica September 2011
12.1 Work Performed by City ..................................................... ............................47
12.2 Work Plans ........................................................................ ..............:.............47
'12.3 Work Orders ...................................................................... ............................48
12.4 Work Plan and Work Order Changes ................................ ............................49
12.5 Deadlines and Delays ........................................................ ............................50
12.6 Procedures for City Billings to Authority ............................. ............................51
12.7 Procedures for Authority Billings to City ............................. ............................51
12.8 Payment of Billings ...:........................................................ ............................52
12.9 ,Audit and Inspection .......................................................... ............................52
ARTICLE 13 ................................................................................... ................................53
13.1 Attempt to Resolve ........................................................ ................................53
13.2 Dispute Notice ............................................................... ................................53
13.3 Negotiation; Reference Proceeding ............................... ................................53
13.4 Arbitration - No Work Stoppage .................................... ................................53
13.5 Arbitration -Work Stoppage .......................................... ................................54
13.6 Impartiality of Arbitrator .................................................. ................................54
13.7 Scope of Authority ......................................................... ................................54
13.8 Compensation of the Arbitrator ...................................... ................................55
13.9 Other Provisions ............................................................ ................................55
13.10 Implementation .............................................................. ................................55
13.11 Cooperation ................................................................... .....:..........................55
ARTICLE 14 FEDERAL AND OTHER REQUIREMENTS ...................... .......................55
14.1 Audit and Inspection ............................................................... .......................55
14.2 Interest of Members of Congress ............................................ .......................56
14.3 Prohibited Interests ........................:........................................ .......................56
14.4 Equal Employment Opportunity .............................................. .......................56
14.5 Small Business Enterprise ...................................................... .......................56
14.6 Prior Approval ......................................................................... .......................57
14.7 Non-Discrimination ................................................................. .......................57
ARTICLE 15 MISCELLANEOUS PROVISIONS .......:............................ ........................57
15.1 Approvals; Further Documents and Actions ........................... ........................57
15.2 Notices ................................................................................... ........................57
15.3 Assignment; Binding Effect .......................:............................ ........................59
15.4 Waiver ................................................................................... ........................59
15.5 Amendment; Entire Agreement; Modification ......................... ........................59
15.6 Elements of Essence ............................................................. ........................59
15.7 Legal Rights ............................................:.............................. ........................59
15.8 Bonds/Fees ............................................................................ ........................59
15.9 Severability ............................................................................ ........................59
15.10 Gender and Tense ................................................................. .........:..............60
15.11 Headings ............................................................................... ........................60
15.12 Incorporation of Exhibits ................................ ..............................................:.60
15.13 Counterpart Originals ..................................... ................................................60
15.14 Force Majeure ................................................ ................................................60
15.15 Construction ................................................... ................................................60
Master Cooperative Agreement iii. Exposition LRT
City of Santa Monica September 2011
15.16 Benefit .................................................................... .......................................61
15.17 Survival ..............................:.................................... .......................................61
15.18 Maintenance of Records ......................................... .......................................61
15.19 Entire Agreement ..................................................:. .......................................61
15.20 Funding Sources ..................................................... .......................................61
15.21 Community Commitments ....................................... ..........:............................61
15.22 Authority of Parties ................................................. ...........................:...........62
Exhibit A Exposition Metro Line Configuration Map (Phase II)
Exhibit B SPP Notification Matrix
Exhibit C Engineering Process for Design/Build Projects
Exhibit D Invoice Form (to be provided by Authority post-execution)
Exhibit E CMIR (attached separately)
Exhibit F LRIC (attached separately)
Master Cooperative Agreement iv. Exposition LRT
City of Santa Monica September 2011
MASTER COOPERATIVE AGREEMENT
FOR
THE EXPOSITION METRO LINE CONSTRUCTION
BY AND AMONGST
THE CITY OF SANTA MONICA
AND
THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY
THIS MASTER COOPERATIVE AGREEMENT ("Agreement) FOR THE
EXPOSITION METRO LINE CONSTRUCTION, dated 2011 is
made by and among the City of Santa Monica ("City"), a charter city in the State of
California and the Exposition Metro Line Construction Authority ("Authority"), a local
public entity in the State of California. The Authority and the City are referred to
collectively as the "Parties" and each individually as a "Party." As used in this Agreement,
terms identified by initial capital letters shall have the meanings set forth in Article 1, or as
elsewhere provided in this Agreement.
RECITALS
A. The Authority is a public entity created by the California State Legislature
pursuant to Section 132600, et. seq. of the California Public Utilities Code ("CPUC") for
the exclusive purpose of completing the design and construction of the Exposition Metro
Line Project ("Expo Project"), of which is defined as the proposed light rail transit (LRT)
line to traverse the City of Los Angeles, extending from the existing 7t"/Metro Center
station in downtown Los Angeles southward to Exposition Park, and then westward along
Exposition Boulevard to Downtown Santa Monica. The Project will operate in a dual track
configuration and electrically powered receiving its electric power from overhead power
lines within the street; the design concept is for high-level center and side platform
stations. Phase I of the Project will be from the 7t"/Metro Center station to the Culver City
station located at the corner of Venice Boulevard/Robertson Boulevard. Phase II of the
Expo Project will be from the Culver City station to downtown Santa Monica. Phase I of
the Expo will have approximately 9.6-mile line, 12 stations consisting of 2 existing stations
and 10 new stations, three which are aerial, and a bicycle facility at Culver City station
served by a combination of reserved bike lanes on street and an off street Bike Path from
Ballona Creek to National Boulevard. Phase II of the Expo Project ("Project") as will
continue the light rail system from the Phase I terminus in Culver City to 4t" St and
Colorado Avenue in City of Santa Monica for another approximate 6.6-mile line, 8
stations, two of which are aerial, bicycle facilities from the terminus of Phase I to 17t" St.
and Colorado Avenue, crossing(s) at rail right-of-way(s) and streets, and a maintenance
facility near Stewart Street, as depicted in Exhibit A.
B. The City is a chartered municipal government created pursuant to the
California State Constitution for many purposes including, but not limited to, the design,
construction and operation of transportation facilities in the City;
Master Cooperative Agreement 1. Exposition LRT
City of Santa Monica September 2011
C. The City intends, by this Agreement, fo facilitate the implementation of the
Project, and the Design and Construction of all Project facilities located within the City or
otherwise subject to its jurisdiction, including rearrangement of some portions of City
Facilities;
D. The construction, reconstruction or improvement of the Project will require
the Rearrangement of all or portions of certain City Facilities. The Parties desire to
cooperate to the end that such Rearrangements be consistent with City requirements and
that when Rearrangements are required, all parties mutually agree on scope of
Rearrangements prior to system design, including, but not limited to required
improvements, project financing, design work, and betterments. The Parties desire. to
cooperate to the end that such Rearrangements be held to comply with City of Santa
Monica. requirements and standards which are (i) in effect as of December 22, 2010 (the
applicable date under the Design/Build Contract for the Project ("D/B Standards Date") or
(ii) defined as City Standards in Section 1.4.14 or (iii) as otherwise agreed to by the
parties in writing. In the event that the City requires incorporation or implementation of
revisions to the City of Santa Monica requirements and standards adopted after the D/B
Standards Date, all such Project impacts, whether cost or schedule impacts, will be
considered a Betterment for purposes of this Agreement.
NOW, THEREFORE, in consideration of the covenants contained herein and for
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, City and Authority agree to the terms and conditions of this Agreement for
the Design/Build methodology of project delivery and other methods that may be used to
build the maintenance facility and other portions of the Project, as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Scope of Agreement
This Agreement specifies (a) the procedures which Authority and City will follow in
identifying, planning, designing and effecting the Project, including the Rearrangements
of City Facilities and other impacts of the Project in order for Authority to Design and
Construct the Project within the City, and (b) the manner in which City, and Authority will
be reimbursed, when applicable, for their respective Costs of such activities. Both
Authority and City agree that each agency will cooperate and coordinate with the other in
all activities covered by this Agreement and any supplemental agreements hereto.
Further, City agrees to assist Authority by providing engineering, technical, analytical,
and administrative support services with respect to building and safety, landscaping,
street lighting, transportation, civil engineering, public works inspection, fire/life safety,
police protection and other areas deemed necessary by the City and Authority to
successfully implement construction of the Project within the terms provided herein.
Finally, City agrees to designate the Project as comprising high priority public works
projects under the Special Permitting Process (SPP) in Section 3.2, to provide Authority
with expedited review and approval procedures in connection with design, Design
Reviews, permitting, property acquisition, and other authority to be exercised by the City
Master Cooperative Agreement 2. Exposition LRT
City of Santa Monica September 2011
with respect to the portions of the Project within the City Right-of-Way or Conflicting
Facilities.
The terms and conditions of this Agreement shall not negate or otherwise modify
the terms and conditions of any existing easements, licenses or other use and/or
occupancy agreements between City and any former owner of real property now or
hereafter owned by Metro, and to which Authority has become or hereafter becomes a
successor either by assignment or by operation of law.
1.2 Duration of Agreement
The initial term of this Agreement (the "Initial Term") shall commence on the
Effective Date and shall terminate on December 31, 2016, unless otherwise extended by
mutual agreement of the Parties. This Agreement shall automatically be renewed for one
year terms commencing on the day following the last day of the Initial Term and on each
subsequent anniversary of such day, unless either Party provides written notice of
termination to the other no later than sixty (60) Days prior to the end of any term (including
the Initial Term). In the event this Agreement is terminated prior to the completion of the
Project construction within the City of Santa Monica, such construction shall thereafter be
subject to the City's usual and customary permitting procedures and processes
applicable to other contractors, except that, such permitting procedures and processes
shall not apply if the Authority otherwise is exempted thereafter by written agreement or
by law.
1.3 Conditions Precedent
The existence of each of the following shall be a condition precedent to the
obligations of the Authority hereunder:
The Authority's payment obligations under this Agreement are subject to the
Authority having received necessary appropriations, subsidies, grants, payments and
contractual commitments from other parties, excluding the City, necessary for it to
perform under this Agreement and otherwise to fulfill its obligations hereunder; and
Neither the Authority's performance under this Agreement, nor its obligations
hereunder shall (i) violate any terms, covenants or conditions of its appropriations,
subsidies, grants or financial assistance, (ii) breach any warranties or contradict any
representation made in connection therewith, or (iii) violate any law, rule or regulation to
which the Authority is subject.
1.4 Definitions
For the purpose of this Agreement, the following terms shall have the meanings set
forth below:
1.4.1 Abandonment is defined as the permanent termination of service or
removal of an existing City Facility or portion thereof, and, if the City Facility or portion
thereof is not being removed from its existing location, the work necessary to safely permit
Master Cooperative Agreement 3. Exposition LRT
City of Santa Monica September 2011
such City Facility to remain in place in accordance with applicable Law and/or City
Standards.
1.4.2 Advanced Partial Design Submittal is defined as follows:
(a) An Advanced Partial Design Submittal by Authority, its consultants,
or its Contractors to the City, shall be a complete segment or segments of a Design
submittal containing work related to all City Facilities within the geographical area to be
Rearranged. This will be submitted to the City, for review and approval, prior to submittal
of a fully integrated Design submittal to the City, for review and approval, as set forth in
this Agreement.
(b) Advanced Partial Design Submittals shall reference the limits of
work with stationing and shall reference the plan sheets of each adjacent segment to such
Advanced Partial Design Submittal.
1.4.3 Arbitrator has the meaning set forth in Article 13.
1.4.4 Authoritv has the meaning set forth in the Preamble to this Agreement.
1.4.5 Authoritv Representative is defined as the Chief Executive Officer of the
Authority, or his/her representative who has been authorized in writing by the Chief
Executive Officer, who has the power to conduct meetings, execute Work Orders, and
reviews and approves actions, as required by this Agreement.
1.4.6 Baseline Documents is defined as the DB Contract, and all of those
documents listed in the D/B Contract that set out the requirements that the D/B Contractor
must comply with in its performance of the work for design and construction of the Project
that are binding on the D/B Contractor and the Authority.
1.4.7 Betterments) means (i) any upgrading of the facility in the course of a
Rearrangement that is not attributable to the Construction of the Project and is made solely
for the benefit of and at the election of the City, including an increase in the capacity,
capability, efficiency or function of a Conflicting Facility over that which was provided by the
corresponding Conflicting Facility; or (ii) any enhancement or upgrade to the Project from
the requirements set forth in the Baseline Documents that City requests. Betterments shall
be entirely financed at the expense of the City except as provided for in Section 15.21.
Authority shall not unreasonably withhold its consent for Betterments. Credits for
Betterments are subject to the provisions of Article 9. Notwithstanding the foregoing, none
of the following shall be considered Betterments:
(a) An upgrade, to which the Parties mutually agree, is necessary for
the Construction, operation or maintenance of the Project.
(b) An upgrade required by applicable Law;
(c) Measures to mitigate environmental or other impacts of the Project
arising from the construction or operation or maintenance of the Project, including
Master Cooperative Agreement 4. Exposition LRT
City of Santa Monica September 2011
measures identified in the Project's EIR or any supplemental or addenda environmental
reports or any kind ("Environmental Documents"), and also including any other measures
agreed to by Authority as appropriate for the construction or operation or maintenance of
the Project, regardless of whether they are identified in the Environmental Documents;
(d) Replacement devices or materials that are used for reasons of
economy (e.g., non-stocked items may be uneconomical to purchase);
(e) Replacement of devices or materials no longer regularly
manufactured with the next highest grade or size;
(f) Any action undertaken by the Authority concerning the
maintenance facility that is specifically required by the Memorandum of Understanding
("MOU") entered into between Authority and City.
(g) Any upgrade required by applicable City Standards;
(h) Any upgrade that merely extends the life of any item without
meeting the definition of Betterment set forth in either (i) or (ii) above.
1.4.8 C~ is defined as the City of Santa Monica, California, including, but not
limited to, City Council members, its officers, boards, commissions, departments, divisions,
employees, staff and' agents.
1.4.9 City Comment Due Date is defined as 30 Days from receipt of documents
for Design Review.
1.4.10 City Facility is defined as any real or personal property located within or
immediately adjacent to the Right-of-Way or other locations that impact the functionality of
the system. City Facility includes, but is not limited to, structures, improvements, and other
properties, which are under the ownership or operating jurisdiction of City, and shall include,
but not be limited to, public streets, parkways, curbs, curb ramps, sidewalks, highways,
bridges, retaining walls, alleys, storm drains, sanitary sewers, water distribution systems,
utilities, street poles, street lights, signals, signs, markers; water lines, survey monuments,
parking lots, parking spaces, parks, public landscaping and trees, traffic control devices,
lighting equipment, fiber optic ahd other telecommunication or related facilities, and public
police and fire alarms ,fire hydrant and fire suppression systems and all other City owned or
operated sub-structures of any kind.
1.4.11 City Proiect is defined as the construction by, or at the direction of the City
of a new facility, other than as the result of a Rearrangement caused by the Project.
1.4.12 City Representatives is defined as the person(s), or the person(s) holding
the specified position(s), designated by City pursuant to Section 1.5.
1.4.13 City Right-of-Way is defined as public streets and public easements as
per applicable legal documents.
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1.4.14 City Standards is defined as the City's design and building standards,
codes and ordinances in effect for the design and construction of the Project, including all
Rearrangements, as of the D/B Standards Date, including but not limited to:
(a) The Standard Specifications for Public Works Construction
(b) The Special Provisions and Standard Drawings for the Installation
and Modification of Traffic Signals, including amendments,
(c) The California Manual on Uniform Traffic Control Devices (MUTCD)
and the American National Standard Practice for Roadway Lighting, ANSI/IESNA
RP8-2000;
(d) The latest California Department of Transportation (CALTRANS)
Standard Plans and Standard Specifications and all applicable CALTRANS directives,
(e) Applicable CALTRANS Traffic Operations Policy Directives;
(f) CALTRANS Highway Design Manual;
(g) intentionally reserved
(h) Construction Mitigation & Implementation Requirements ("CMIR")
issued by the City on or about November 25, 2010, as amended by the parties in writing,
attached as Exhibit E; and
(i) Light Rail Integration Criteria, Standards, Practices and Guidelines
("ERIC"), as amended by the parties in writing, attached as Exhibit F.
1.4.15 Conflicting Facility is defined as an existing City Facility, which City and
Authority determine is so situated within or immediately adjacent to the Right-of-Way as to
require Rearrangement in order to construct, operate or maintairi the Project without
adversely impacting the access, use and maintenance of that City Facility. A Conflicting
Facility that:
(a) runs parallel to the tracks will be at or rearranged to a location away
from the Project Right-of-Way to allow for placement of shoring at a minimum of 9'
horizontal distance from the outside rail to the edge of shoring closest to the rail. If
relocation of the conflicting facility is not reasonably feasible, alternative access shall be
provided such that maintenance of the facility can be safely performed without fouling the
operating rail line; or
(b) crosses the tracks, and will be encased with Pipes Under Railroad
Tracks (See BOE Storm Drain Design Manual Figure G 6138) at least 10 feet from the
outside rail on both sides and under the trackway. Such work is to be designed and
constructed in accordance with City Standards and design policies
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If such Conflicting Facilities are not rearranged or encased per (i) or (ii), and remain in the
Right-of-Way, Authority shall pay all City maintenance costs and fees associated with the
facility until the Conflicting Facility is relocated in accordance with Article 4 and per (i) and
(ii) above. The Parties may mutually agree not to rearrange a City Facility that-falls under
the above criteria. If such an agreement is made, Authority will not be subject to pay for
City maintenance costs and fees for the Conflicting Facility, unless otherwise provided in
such agreement.
1.4.16 Construction is defined as work of removal, demolition, replacement,
restoration, alteration, realignment, building, fabrication, landscaping, support or relocation,
of all new and existing facilities to be constructed, systems, and equipment to be procured
and installed that are necessary to build, operate and maintain the Project.
1.4.17 Cost is defined as all eligible direct and indirectcosts as further defined in
Article 8 for costs incurred by City, and in'Article 9 for costs incurred by Authority.
1.4.18 Davs is defiried as calendar days.
1.4.19 Design is defined as the engineering and architectural, and -other
submittals and the resulting maps, plans, drawings, computer software, estimates,
specifications and special provisions related to the design of the Replacement Facilities,
which are necessary for the elimination of conflicts and the Construction of the Project,
including Betterments pertaining to such Replacement Facilities, providing protection for the
existing facilities and/or the Project under the terms of this Agreement. Design shall be
performed in accordance with the provisions set forth in the D/B Contract and Exhibit C
hereto.
1.4.20 Intentionally reserved.
1.4.21 Design/Build or "D/B" is defined as the method of project delivery in which
Authority engages a Design/Build Contractor to both furnish, the Final Design and
Construction of a project.
1.4.22 Design/Build Contract or D/B Contract is defined as the documents that
are used by Authority to contract with the D/B Contractor to design, build, fabricate, install,
and prepare for operations the facilities and systems necessary to operate the Project as
specified in the documents, and to demonstrate the operability of the Project through the
period of pre-revenue operations.
1.4.23 Design/Build Contractor or D/B Contractor or Contractor is defined as the
design/build contractor that has been engaged by Authority to complete the Design and
construction of the Project pursuant to the Design/Build Contract and any other contractor
engaged by Authority with respect to the design or construction of the Project, including the
maintenance facility. .
1.4:24 Design/Build Standards Date or D/B Standards Date is defined in
Recital D.
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1.4.25 Design .Development is defined as the phase of the Design process,
which validates schematic design concepts and system criteria and develops a clear
indication of design solutions for requirements outlined in the Preliminary Engineering
Design phase. At the completion of Design Development, major features of the architectural
and structural Design and third party interfaces have advanced in conjunctiori with
performance specifications, thereby providing the basis for Final Design.
1.4.26 Design Review is defined as the process of critical evaluation of Design
documents, plans and specifications by the City that are developed by consultants and/or
the Design/Build Contractor which -are necessary for the construction of Betterments, a
Replacement Facility or portions of the Project within City Right-of-Way. Design Reviews
shall be conducted at three critical time frames: (i) the Initial Design (60% complete); (ii) the
Pre-Final Design (85% complete); and (iii) Final Design (100% complete and issued for
Construction). City may be asked by Authority from time to time to review Advanced Partial
Design Submittals. Construction of Replacement Facilities shall not begin until the City
verifies the Final Design submittal for such applicable Rearrangement work within City
Right-of--Way or with respect to Replacement Facilities. City shall make all pertinent
comments to the Design documents at the Initial Design and Pre-Final Design stages and
verify at the Final Design stage that such comments have been satisfactorily addressed by
Authority.
1.4.27 Dis ute has the meaning set forth in Article 13.
1.4.28 Effective Date is defined as the date on which this Agreement has been
fully executed on behalf of Authority and City, after having been approved by City's Council
for the City and the Board of Directors of the Authority.
1.4.29 EIR is defined as the Exposition Corridor Transit Project Phase 2 FEIR
certified on February 4, 2010, State Clearinghouse Number 2007021108.
1.4.30. Intentionally reserved.
1.4.31 Facility is defined as real or personal property now or in the future to be
located within the Right-of-Way of the Project for the purpose of providing service to the
public, including but not limited to, public streets, highways, bridges and alleys, storm drains,
sanitary sewers, parking lots, parks, public landscaping and trees, traffic control
devices/systems, street lighting systems, public police and fire alarm systems, easements,
recreational facilities, and any equipment, apparatus and/or structure and substructures
appurtenant thereto or associated therewith.
1.4.32 Final Design is defined as the phase of the Design process, which
provides the detailed design and technical specifications for all temporary and permanent
project facilities. This phase addresses and resolves all Design Review comments,
construction issues, and third party comments and finalizes all engineering, architectural,
and systems of such phase of the Design process necessary for complete construction
documents. The detailed Final Design may be furnished either by the D/B Contractor or by
the Authority's design consultant. Authority shall review all submittals prior to submitting to
the City to ensure they are complete and have addressed any prior comments by the City.
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Following the review and resolution of City comments to the reasonable satisfaction of the
City, the D/B Contractor will make the necessary changes and sign and seal as "Engineer of
Record".
1.4.33 Governmental Authority is defined as any government or political
subdivision, whether federal, state, local or foreign, or any agency or instrumentality of any
such government or political subdivision, or any federal, state, local or foreign court or
arbitrator, other than the City or the Authority.
1.4.34 Initial Term is defined in Section 1.2 and Section 1.4.32 of this Agreement.
1.4.35 Joint Development is defined as a term of partnership for many different
forms of public/private sector cooperation in the development or .redevelopment of
structures and facilities to be built in and around Rail Transit Stations and Rail Transit Station
areas.
1.4.36 Laws is defined as any law, rule, regulation, ordinance, statute, code or
other requirement of any Governmental Authority.
1.4.37 List of Potential Arbitrators has the meaning set forth in Article 13
1.4.38 Metro is defined as the Los Angeles County Metropolitan Transportation
Authority.
1.4.39 Fiscal Year shall mean each one-year period commencing on July 1 of a
calendar year and terminating on June 30 of the following calendar year.
1.4.40 Parties is defined as Authority and City collectively, ahd a "Party" is
defined as Authority or City individually.
1.4:41 Proiect has the meaning set forth in Recital A.
1.4.42 Punch List means an itemized list of construction work or components
thereof which remains to be completed after the issuance of a notice of substantial
completion. The Punch List items will include incomplete items, the existence, correction
and completion of which will have no material or adverse effect on the normal and safe use
and operation of the Replacement Facility.
1.4.43 Rearrangement is defined as the work of removal, replacement,
encasement, restoration, alteration, reconstruction, support or relocatiori of a Conflicting
Facility or portion thereof, whether permanent or temporary, which Authority and the City
determine must be rearranged in order to design, build, operate or maintain the Project and
which will be borne by the Authority unless otherwise set forth in this Agreement. It is also
used for the work of installing new and required City infrastructure due to the impact of the
Project construction.
1.4.44 Replacement Facility is defined as a facility, which may be constructed or
provided under the terms of this Agreement as a consequence of the Rearrangement of a
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Conflicting Facility or portion thereof, and which meets applicable City Standards as set forth
herein.
1.4.45 Right-of-Way (ROW) -Defined as the real property required to construct,
operate, and maintain the Facilities and systems that comprise the Project.
1.4.46 Intentionally reserved.
1.4.47 Special Permitting Process ("SPP") is the special permitting process set
forth in Article 3 Section 3.3.
1.4.48 SPP Notification Matrix is defined as that certain "Exposition Metro Line
Construction Project, City of Santa Monica, Notification Matrix" as shown in Exhibit "B",
identifying, and providing telephone numbers for those positions, individuals or departments
to which Authority and its contractors should provide notices as required. This matrix is
provided to assist Authority in the coordination work.
1.4.49 Street. Lighting System is defined as a complete lighting system to
illuminate City, bus and rail right-of-way, including, but not limited to, public roadways, detour
roadways, parkways, alleys, sidewalks, detour sidewalks, bridges, underpasses,
overpasses, walkways and other public improvements to meet applicable City Standards as
set forth herein. Street Lighting System components include, but are not limited to, poles,
foundations, luminaries, lamps, pull boxes, conduit, wires, power service points and other
related equipment.
1.4.50 Temporary Facility is defined as a facility constructed for the purpose of
ensuring continued service while a Conflicting Facility is taken out of full or partial service
while it undergoes its permanent Rearrangement and/or any work on a City Facility to
accommodate the construction of the Project, but which will be removed or restored to its
original condition after such construction activities are completed.
1.4.51 Traffic Management Plan is defined as a plan that addresses traffic control
requirements in Construction areas through a Temporary Traffic Control Plan ("TTCP"), and
along detour routes through a Construction Detour Plan ("CDP"). A TTCP is asite-specific
design for temporary traffic control and diversion of vehicular and pedestrian traffic through
or adjacent to a work area, incorporating base conditions, temporary conditions,
construction impact areas, and all temporary/permanent traffic controls and advisory
signage. On a larger scale, a CDP addresses operation along an alternate route which
bypasses a work area, or multiple intersections affected by concurrent Construction, by
means of striping, signing, signals, delineators, barricades, advanced warning signs,
warning lights changeable message signs ("CMS") or other traffic control devices. The
operation of a Traffic Management Plan is affected by Construction phasing plans and
Construction schedules and shall be consistent with the requirements of the contractor,
furnished by the City. The Traffic Management Plan will be submitted to the City for its
review and approval.
1.4.52 Work Order is defined as that document which Authority issues to City
authorizing City to perform a defined scope of work and services with respect to the design
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or construction of a Rearrangement or Project Facility to be funded by Authority under the
terms and conditions of this Agreement.
1.4.53 Work Plan is defined as that document which Authority issues to the City
authorizing a specific annual dollar amount for the Fiscal Year for a defined scope of work
and services to be performed by specified City positions to be funded by Authority under the
terms and conditions of this Agreement.
1.5 Representatives
1.5.1 Citv Representative. For the Project, City's designated representatives
are set forth in Exhibit B hereto with respect to each of the listed categories of approvals
contemplated by this Agreement. City acknowledges and agrees that the City
Representatives listed in Exhibit B have the full and requisite authority to make final
decisions with respect to approvals and/or disapprovals of the specified subject matter. The
City Representatives shall be dedicated to their assigned Project categories to assist the
Authority in the delivery of the Project and each designated component thereof in a timely
manner (as specified in Paragraph 1.4.9). The City Representatives will have the
responsibility (i) to manage and coordinate interaction of City with the Authority, (ii) to
produce the necessary work documents and reports, Cost and Work Plan status, and (iii) to
undertake reviews and make final decisions and approvals as required by this Agreement.
The City Representatives also will be responsible for coordinating among the applicable City
departments, bureaus, divisions; or other constituent entities as necessary for. the City
Representative to make the designated decision or approval. The City may change a
designated City Representative by providing ten (10) Days prior written notification to the
Authority; provided, however, that any such change in a City Representative shall not relieve
City of timely meeting its obligations under this Agreement. The Authority shall have the
right to request. a City Representative to be replaced if it is reasonably determined. by
Authority that performance of such individual is unsatisfactory and/or adverse to the timely
completion of Design or Construction. NOTE - I had inserted in 1.5.2 below the same
reciprocal right for City but Expo deleted it.
1.5.2 Authority Representative. The Chief Executive Officer of the Authority
shall designate a person, or the holder of a specified office or position, to act as the
Authority's Representative. The Authority's Representative will have the responsibility to
manage and coordinate Authority interaction with the City, and to produce the necessary
Design and Construction documents for City review and/or approval, issue Work Plans, and
make approvals as required by this Agreement. The Authority may change its designated
Authority Representative by providing ten (10) Days prior written notification to the City. The
Authority Representatives shall have the full and requisite authority to make final decisions
with respect to approvals and/or disapprovals of the specified subject matter. The Authority
Representatives shall be dedicated to their assigned Project categories to assist the City as
appropriate and whenever necessary so that the City can carry out its obligations under this
Agreement. Among other things, the Authority Representatives will have-the responsibility
(i) to manage and coordinate interaction of Authority with the City, (ii) to produce the
necessary work documents and reports, and (iii) to undertake reviews and make final
decisions and approvals as required by this Agreement. The Authority Representatives also
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will be responsible for coordinating among the applicable Authority representatives and
contractors, or other constituent entities as necessary for the Authority Representative to
make the designated decision or approval. The Authority may change a designated
Authority Representative by providing ten (10) Days prior written notification to the City;
provided, however, that any such change in a Authority Representative shall not relieve
Authority of timely meeting its obligations under this Agreement.
ARTICLE 2
DESIGN
2.1 Community Notifications and Review
The Authority is responsible to coordinate all designs of the Project with the City
and those community groups that are affected by the Project. The Authority is responsible
to work with the communities neighboring the Project to seek consensus of these design
elements impacting the traffic circulation, safety, appearance, and quality of life. These
design elements include but are not limited to architecture, aesthetic quality of the
stations, noise and vibration controls, lighting and sound walls in accordance with the
approved Phase II Final Environment Impact Report/ (FEIR). The Authority is responsible
to collaborate with City Departments to determine proper and effective mitigation
measures to address community concerns.
2.2 Coordination
The Authority Representative and the City Representatives shall work in good faith
pursuant to the established guidelines and procedures set forth herein with respect to
Design Review and coordination of Construction, right-of-way acquisition and
Rearrangement of City Facilities pursuant to this Agreement in order to permit the timely
design, construction and operation of the Project. The City Representative(s) shall attend
the weekly coordination meetings to stay apprised of the Project schedule and activities
within the City.
2.2.1 Certain components of the Project construction may require interruption of
some City services except for street lighting service unless the public area is completely
closed to both vehicular and pedestrian traffic. The Authority shall schedule its construction
activities to cause the least amount of disruption. As set forth herein, City consents to
schedule an interruption of service, deemed necessary by Authority; however, Authority
shall provide prior notice in accordance with the SPP Notification Matrix before City services
are interrupted. Authority will notify affected parties, including residents, businesses and the
in advance of scheduled interruptions and will cooperate with City to minimize interruption of
City service and resulting disruptions. Where the City determines that Temporary Facilities
are reasonably necessary and appropriate and provides Authority with at least 14 Days prior
written notice to provide the same, Authority shall provide such Temporary Facilities;
provided, however, that Authority deems such request reasonable and necessary.
2.2.2 City recognizes that time is of the essence for the Project, and that certain
portions of the Project may involve Partial Design Submittals to facilitate early Construction
of complete segments of a project prior to completion and approval of a completely
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integrated Final Design for the entire project. Each Partial Design Submittal will identify the
particular segment by station reference and cross reference all adjoining segments to be
submitted for the designated City Representative's review and approval for early
construction. The designated City Representative shall submit consolidated comments on
Partial Design Submittals to Authority within 30 Days of receipt from Authority and shall
identify any aspects of the identified segments that do not conform to applicable City
Standards, based on the information provided; however, in the event the Partial Design
Submittals are incomplete, the City has the right to reject said submission. The City shall
notify the Authority at the earliest opportunity that said submittals are incomplete.
Construction components identified by the City, which do not conform to City Standards,
Requirements, or Ordinances shall not proceed to early construction. If the designated City
Representative does not provide its consolidated comments within the specified 30 Day
period, Authority may deem such Partial Design Submittal approved by City. The
designated City Representative shall be responsible for consolidating all City-related
comments from the applicable City departments and providing Authority one such set of its
comments.
2.2.3 No more than six (6) Design submittals consisting of a reasonable number
of sheets shall be scheduled for review and approval by the City at one time unless
otherwise agreed upon. The .determination of what constitutes a reasonable number of
sheets will be agreed upon by the parties through their respective representatives in
advance of each stage of design .Each Design submittal shall include AutoCAD design
drawings, project specifications, supporting data, reports and such information as needed to
advance to the next stage of design.
2.2.4 The Parties recognize that City approval of Partial Design ubmittals might
result in Design or Construction of City facilities that are non-conforming to applicable City
Standards. Authority shall be responsible for correction of all such non-conforming Design
and/or Construction so long as (i) they are requested by the City in connection with Final
Design approval of an entire Facility in order to conform that Facility to applicable City
Standards or (ii) correction is necessary to prevent public health and/or safety risk.
2.3 Design of Rearrangements Performed by Authority, Its Consultants and
Contractors
Unless otherwise mutually agreed; Authority (or its consultants and/or contractors)
shall Design all Rearrangements, including Betterments thereto. For the Design of any
specific Rearrangements, which will be performed by Authority (or its consultants and/or
contractors), Authority shall issue Work Orders for City to review plans and specifications
as required, and the following procedures shall govern.
2.3.1 Coordination of Design and the development of the Design plans and
specifications shall be the responsibility of the Authority Representative (who shall confer
from time to time with the City Representative), except to the extent that such responsibility
has been delegated to Authority's consultants and/or contractors in accordance with this
Agreement.
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2.3.2 Development of Design, Performance Specifications and Technical
Provisions -The Authority and its consultants will undertake the preparation of a set of
technical drawings and technical specifications.
2.3.3 Design plans of Rearrangements performed by Authority, its consultants
or D/B Contractor shall be prepared in AutoCAD.
2.3.4 The Parties will work in good faith through their designated
representatives to develop and finalize a mutually agreeable schedule for submittal of plans
and specifications for each reconstruction and Rearrangement of City Facilities at the
Preliminary Engineering (30%) (new work not covered in Stage A), Initial Design (60%),
Pre-Final Design (85%) and Final Design (100%) stages; provided, however, that the City's
review, comment and approval .regarding the same shall be in accordance with the
requirements set forth in Section 2.12.
2.3.5 Authority, its consultants, and its contractors, are responsible for errors
and omissions in the plans, specifications, submittals, .and all other related contract
documents. Subject to the approval standards below, the City shall have the right to
approve or disapprove the Final Design Documents, but expressly agrees and
acknowledges that during the Final Design stage at 100%, it shall not raise any new issues,
or make any comments, which are inconsistent with its comments on earlier submittals, or
with any changes already agreed to by City and Authority; however, this limitation shall not
apply in circumstances where earlier submittals were incomplete or otherwise did not
disclose sufficient information. to disclose conflicts, noncompliance with City Standards or
applicable Law. City's approval of the Final Design for any Rearrangement will not be
withheld if the submittal is consistent with (a) the most recent previous submittal for such
Rearrangement, modified as appropriate to respond to City comments on such submittal
(other than any such comments which are disallowed pursuant to the preceding sentence)
and to reflect any subsequent changes agreed to by City and Authority, or (b) earlier
submittals for such Rearrangement which have been approved (or deemed complete and
approved) by City. City shall have the right to make new comments on any material changes
in Design from previous submittals.
2.4 Design of Rearrangements Performed by City
If Authority and City mutually agree that City (or its consultants and/or contractors)
shall Design a specific Rearrangement, Authority shall incorporate such work into the
Work Plan and issue a work order to City, upon receipt of which City shall proceed to
perform the Design of such Rearrangement, and the activities referred to in the following
subsections:
2.4.1 City shall perform its Design work in conformance with Authority's Design
schedule and shall coordinate throughout Design with Authority to develop plans
satisfactory to both Authority and City for each Rearrangement. The schedule for City's
completion of design, coordination requirements, review procedures, and related provisions
shall be mutually agreed to and included as attachments to the work order, which shall also
include the not-to-exceed cost of completing the Design of the specific Rearrangement and
agreed upon scope. Betterments shall be addressed in accordance with Section 2.6.
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2.4.2 City shall submit a set of the completed Design plans and specifications,
including City's estimate of the cost of Construction (less applicable credits in accordance
with Article 9) and City's estimate for the time needed to perform the required
Rearrangement work, to Authority for its review and approval. Unless otherwise expressly
permitted herein, City will not change the approved plans during Construction, except with
prior written concurrence of Authority. This constraint shall not apply to unapproved
proposed plans. Authority's review and approval of any Design furnished by City, its
consultants or contractors shall be limited solely to assessing compatibility of the
Replacement Facilities with the Project, coordination with Authority's work on the Project,
and Cost issues. Authority will review the Design plans and specifications for their
compatibility with the overall Design.
2.4.3 City shall be responsible for errors and omissions for any plans and/or
specifications prepared by City, its consultants or contractors.
2.5 City Review and Approval of Significant Changes
Authority shall not make any significant changes to the Project from the Baseline
Documents as it pertains to the City Rights-of-Way or City Facilities, without the prior
review and written approval of the City; however, nothing in this provision is intended to
modify, alter or abrogate the requirements of the EIR. The procedures for review of the
significant change shall be as follows:
2.5.1 Authority shall identify any proposed significant change to the City, along
with a rationale for said change, and the City shall have thirty (30) Days from the date of
receipt of any documents from the Authority's Representative to review and approve or
disapprove any proposed significant change by written notice to the Authority
Representative. Any such disapproval shall be accompanied by a detailed written
explanation for the disapproval and a proposed resolution to obtain City approval of the
same. There will be no extensions to the thirty (30) Day period allocated for review and
approval or disapproval of significant changes. In the event the designated City
Representative does not respond to Authority within the 30 Day period, City shall be
deemed to have concurred with all the proposed significant changes in the submittal.
2.5.2 If the City Representative timely disapproves or indicates
non-concurrence with a proposed significant change in writing, as required above, the
Authority shall propose in writing and on drawings, as appropriate, another change that
responds to the City's concerns which may constitute a significant change ornon-significant
change. Under these circumstances, the City shall have an additional twenty (20) Days to
review any such proposed non-significant change or proposed significant change. The
designated City Representative shall have the 20-Day period of time from the date of receipt
of the documents from the Authority's Representative to complete the design review and to
make the necessary and appropriate comments on the contents of the documents. There
will be no extensions to the twenty (20) Day period allocated for this design review.
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2.6 Betterments
2.6.1 City shall inform Authority what Betterments, if any, City desires at least 60
Days prior to the Design Review for the Initial Final Design with respect to the subject
Rearrangement, so that Authority can review the Betterments and determine whether they
satisfy the requirements set forth in Section 2.6.2. Subject to .the provisions of
Section 2.6.2, below, Authority shall review and determine in its sole discretion whether to
approve a request by City for a Betterment, and such discretion shall not be unreasonably
withheld provided that the requested Betterment does not adversely impact the critical path
of the Design and/or Construction schedule for the Project. Each Design furnished by City
shall specifically identify any Betterments included in such Design. In the event Authority
approves a Betterment that City requests, City shall be responsible for all costs associated
with the request for such Betterment, including costs related to additional time, engineering,
staffing and design, as provided for in Section 9.3.
2.6.2 It is understood and agreed that Authority will not be responsible for the
Cost of any Betterment, and that no Betterment may be performed in connection with any
Rearrangement (whether designed or constructed by City or by Authority) which is
incompatible with the Project or which cannot be performed within the constraints of
applicable Law, any applicable governmental approvals and/or adversely impacts the critical
path of the Authority's schedule for the Project. At City's request, Authority will cooperate
with the City in good faith to accommodate the utilization of multiple crew shifts, at City's sole
cost and expense, with respect to constructing a Betterment, in order to minimize any impact
upon the Authority's Design and/ Construction schedule for the Project. City shall bear the
Cost of all Betterments included in each Rearrangement, by crediting or paying Authority, as
applicable, in accordance with Article 9 of this Agreement.
2.6.3 For a Rearrangement to be constructed by Authority, the City shall pay for
each requested and included Betterment, as provided in Article 9 of this Agreement.
Authority shall inform City when 75% of the budgeted amount for a Betterment have been
incurred.
2.7 General Design Criteria
2.7.1 The City shall notify Authority of any revisions or additions to City
Standards. The Design of each Rearrangement, whether furnished by City or by Authority
(or by their consultants or contractors), shall conform to the City Standards and ordinances
as defined in Section 1.4.14, together with revisions or additions thereto, which shall be
incorporated into the design product pursuant to the provisions in Section 2.7 of this
Agreement.
2.7.2 With respect to Rearrangements procured on a Design/Build basis, the
Design product shall incorporate any revisions or additions to the City Standards of which
City has notified Authority on or before the applicable City Comment Due Date. In the event
City does not provide notification within the City Comment Due Date, the Authority shall not
be responsible for incorporating such changes, and any such changes shall be incorporated
at the cost of City. The Design product also shall incorporate any subsequent revisions of or
additions to the City Standards of which City notifies Authority prior to the deadline
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scheduled by the parties pursuant to Section 2.5 for City's final comments on the Final
Design, provided that (a) such subsequent revisions or additions (i) do not require Design
product changes necessitating re-submittal of the Design product to the City and (ii) do not
increase the cost of and/or time for Construction as initially estimated or require amendment
of, or change order for, any related Construction documents, or (b) such revisions or
additions result from changes in federal or state laws, rules or regulations which mandate
incorporation of the changes into the Design product.
2.7.3 Intentionally reserved.
2.7.4 City agrees to comply with the provisions of this Section so long as the
Project stays within the original general timeline and/or schedule for its design and
construction. If for any reason, the Project is placed on hold by Authority for a period of
twelve (12) months or more, the City will have the option to review and modify any City
Standards from the previous design. The City will not be liable for any costs due to the
changes in standards due to this type of project delay.
2.8 Changes in Approved Plans
Following City approval, changes in Design shall require both Authority's and
City's approval. Authority shall not unreasonably withhold its consent to incorporation of
City requested changes into approved plans or specifications. All changes required to
accommodate differing site conditions are the responsibility of Authority, its consultants,
and contractors. Field changes required due to differing site conditions must be reviewed
and approved by the City. Authority, its consultants, and contractors must comply with all
applicable City Standards and ordinances pursuant to Section 1.4.11 of this Agreement.
2.9 Specific Design Requirements for Rearrangements
2.9.1 Surface Openings. To the extent practical, Authority shall locate surface
openings associated with the Project, if any, such as ventilation gratings, so as to cause the
least effect on existing features of landscape and improvements and the least public
disruption, and when practical, they shall be located "in or on Metro-owned property, unless
otherwise agreed to by City. In determining location of surface openings, health and safety
concerns are paramount. Placement of ventilation gratings in sidewalks will be avoided, as
much as possible at all times, and City concurrence shall be obtained prior to placement.
Other openings, such as mechanical access openings shall be permitted in sidewalks
provided said openings are enclosed by a mutually acceptable method. The City and
Authority shall mutually agree on the exact location and size. of such openings.
2.9.2 Landscaping. Trees and landscaped areas under ownership or control of
City shall be preserved and trees shall only be removed with the consent of City. Trees in the
Project's construction area which are to remain shall be adequately protected. Trees that
must be removed due to Rearrangements shall be replaced in the ratio of two replacement
trees for each one tree removed in accordance with applicable City Standards. Landscaped
areas removed due to Rearrangements shall be restored in accordance with applicable City
Standards, including the City's water conservation and sustainability standards.
Preservation and/or replacement of trees and landscaping at parks affected by the Project
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shall be coordinated with the applicable City Representative with the Public Landscape
Division or other division designated by the City. Atree replacement report may be required,
at City's discretion, depending on the extent and type of tree replacement.
2.9.3 Traffic Control Devices. Certain of the contemplated Construction will
require the removal and reinstallation of traffic control devices. Provided that Authority's plan
for same has been approved by City, City hereby consents to all removals, temporary
installations, reinstallationsand interruption of traffic control devices in compliance with such
plan and deemed necessary by Authority and performed by Authority's contractors;
however, Authority shall provide prior notice in accordance with the SPP Notification Matrix
before service of traffic control devices is interrupted. Authority will cooperate with City to
minimize interruption of services of traffic control devices. As required, Authority shall issue
work orders to City for necessary removal and reinstallation of existing parking meters,
traffic signals, and other traffic control devices, including but not limited to posts, signs,
interconnect, cameras, loops, pavement markings, and striping, in accordance with
Authority's Construction schedule.
2.9.4 Street Liphtinq. Certain of the contemplated Construction will require the
removal, modification, and reinstallation of existing or installation of new lighting systems
depending on the impact of the Project on City Facilities. Provided that Authority's plan for
same has been approved by City, City hereby consents to all removals, temporary
installations, reinstallations of existing, installation of new lighting systems in compliance
with such plan, and interruptions of Street Lighting Systems in compliance with such plan
and deemed necessary by Authority and performed by Authority's contractors; however,
Authority shall provide at least three (3) Days prior notice in accordance with the SPP
Notification Matrix before service of Street Lighting Systems is affected. Authority will
cooperate with City to minimize interruption of street lighting service. Authority shall issue
work orders for the Rearrangement of a Street Lighting System when required under the
terms of this Agreement.
(a) Any work that will affect lighting systems, maintained by or under
the jurisdiction of City, must be approved for compliance with applicable City Standards by
the Public Works Department. Design for a Street Lighting System must be forwarded for
Design Review to the City in accordance with this Agreement.
(b) Except as mutually agreed by the Parties, all lighting systems
maintained by or under the jurisdiction of City within the boundaries of the Project, as well
as all lighting systems on the same circuit in the direct vicinity of the Project, shall be
maintained and kept in operation by the D/B Contractor at all times during Construction.
City shall not unreasonably withhold its approval to interrupt service as necessary for the
Project.
(c) In the event of any damage caused by Authority or its contractors
to lighting systems maintained by or under the jurisdiction of City, the City must be notified
in accordance with the SPP Notification Matrix. All damages shall be repaired as soon as
reasonably possible by Authority's contractors under City inspection at no expense to
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City. If City perfiorms any lighting system Construction, City will be responsible only for
repair of damage caused by City forces.
2.9.5 Private Projections in Public Wavs. Upon a determination by Authority that
a private projection in, over or under any City Facility, including streets, highways or other
City Rights-of-Way, must be removed to accommodate the Project, Authority shall
coordinate with City, and City shall cooperate with Authority and take all reasonable action
within its jurisdiction to pursue the elimination of such projection prior to the scheduled start
of the Construction in the affected location at Authority's sole expense, unless the
encroachment is a one which the City has no right or ability to eliminate, move, remove, or
otherwise terminate. In the event City is unable to effect the removal of such projection,
Authority shall make its own arrangements for removal of any such projection, whether
through exercise of its powers of eminent domain, through negotiation with the owner, or
otherwise. If it is determined that the cost of removal is not the responsibility of the private
owner, then Authority shall bear the cost of removal of said projection. City shall cooperate
with and assist Authority in pursuing reimbursements from third parties with respect to such
projections and with Authority's efforts to minimize the cost to eliminate, move, remove or
otherwise terminate projections where determined necessary by Authority; provided,
however, that City will not share in the cost of any such removal. .
2.10 Construction Staging Plans
Authority, through its consultants, contractors, subcontractors or agents, shall
develop construction-staging plans. Construction staging plans shall provide, among
other things, for the handling of vehicular and pedestrian traffic and street lighting on
streets adjacent to the Construction with the Construction phasing showing street
closures, detours, warning devices and other pertinent information specified on the plans.
All construction staging plans, including related traffic control plans, shall be submitted to
the designated City Representative for review and approval in accordance with Article 3
prior to implementation. Construction staging plans should be included or referred to in
the Traffic Management Plan and any TTCPs and CDPs provided to the City, which may
be amended from time to time as Authority determines that additional construction
staging areas are necessary.
To assist Authority in the coordination and the development of construction staging
plans, City will furnish to Authority during Design at the time required by Authority's
schedule, the following information, in writing or when mutually agreed:
2.10.1 Worksite traffic control
(a) The traffic lane requirements for streets impacted by construction
activities.
(b) Streets proposed for complete closure during Construction and the
duration of the closure. Complete street closures require City approval in accordance with
this Agreement and Exhibit B.
(c) Parking restrictions to be imposed during the construction period.
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(d) Detours
(e) Preliminary Haul routes and overloads routes and truck staging
areas.
2.10.2 All relevant City Facilities information (other than streets):
(a) City Facilities in which service must be maintained.
(b) City Facilities in which service may be abandoned during
Construction.
(c) Proposed phasing or sequencing of Construction of
Rearrangements.
(d) Rights-of-way that must be acquired for Replacement Facilities
and Rearrangements.
2.11 Assistance by City
City agrees to assist Authority by providing those designated positions and/or
individuals in Exhibit B for planning, engineering, technical, analytical and administrative
support services with respect to of fire/life safety, police security, transportation
engineering, civil and structural engineering, illuminating engineering, park engineering,
storm drain and sanitation engineering, public works inspection and in other areas when
mutually agreed. The designated positions and/or individuals in Exhibit B may be
changed by ten (10) Days prior written notice to Authority; provided, however, that
Authority shall not pay any invoices for work performed by positions and/or individuals
who are not listed in Exhibit B or otherwise replaced by timely prior written notice:
2.11.1 Fire/Life Safety. Assistance in the Design, Construction and operations
planning of the Projects as it relates to fire prevention, fire suppression, and emergency
preparedness with respect to fires or other major disasters. The assistance shall also
include reviews for conformance of fire/life safety codes, standards and regulations. Fire
Department representatives will be invited to participate as active members of
Authority-designated committees dealing with fire/life safety issues.
2.11.2 Police Security. Assistance in the Design, Construction and operations
planning of the Projects as it relates to personal and property security, deterrence and
detection of criminal activity and the apprehension of criminals. The assistance shall also
include, if requested by Authority, participation by police department representatives as
active members ofAuthority-designated committees dealing with police security.
2.11.3 Transportation Engineering. Assistance in the Design, Construction and
operations planning of Project as it relates to facilitating movement of automobiles, buses,
bicycles, and pedestrians into, through and from the Project. The assistance shall also
include the review and approval of the Traffic Management Plan, temporary traffic signal,
geometric striping, traffic signal software development, permanent traffic signal plans and
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monitoring installation of those prepared or installed by Authority's contractors and
consultants, in accordance with the Work Plan, City will review plans for final geometric
striping and signal plans for the Projects.
2.11.4 Illuminating Engineering. Assistance in the Design and construction of
Street Lighting Systems affected by the Project. The assistance shall also include review
and approval of contractor-prepared temporary street lighting and street lighting demolition
plans as well as final restoration Street Lighting System Designs prepared by Authority's
contractors and consultants and administration of "Prop. 218":
2.11.5 Urban Forestry and Community Services. Assistance in the esign,
Construction and operations planning of the Project as it affects recreational areas and
landscaping within City parks.
2.11.6 Civil and Structural engineering -Assistance in design, design review,
construction, and operation of other City facilities.
2.11.7 All Other Areas. Assistance in Design, Construction and operations of
other City Facilities.
2.12 City Review of Any Project Design Submittals
The following requirements and process shall apply to the City's review, comment
and approval of any and all submitted plans, specifications, and shop drawings for the
Project Facilities located within, on, under or over City Right-of-Way during the Design
Review stages and for City review and comment regarding. same. City agrees and
acknowledges that all design and construction by Authority (or its consultants or
contractors) pursuant to this Agreement shall conform to the standards and specifications
set forth in herein.
2.12.1 Within seven (7) Days after receipt of a Design. submittal for the Project
Facility, (i) City shall inform Authority whether the plans and specifications are sufficiently
complete for City review purposes, and (ii) if not sufficiently complete, City shall so notify
Authority, or shall return the plans and specifications to Authority together with an
identification of those portions that are not sufficiently complete and a description of the
missing information listing the deficiencies. The City will have another seven (7) Days to
determine the completeness of the re-submittal. If no such notice or return is received by
Authority within such seven (7) Days, the plans and specifications shall be deemed
complete and acceptable by City for review purposes.
2.12.2 Within 30 Days after receipt of each submittal, City shall review the plans
and specifications and either advise Authority that it has no comments, or transmit its
consolidated comments to Authority, including all applicable comments from third-parties
and City departments. City's consolidated comments will be submitted on a comment matrix
and annotated plans as a single submission. The designated City Representative shall be
responsible for consolidating all City-related comments from the applicable City
departments and providing Authority one such set of its comments.
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2.12.3 Authority will revise the applicable submittal to address-the undisputed
City comments and shall notify City within five (5) Days of any outstanding disputed
comments. In the event there are outstanding disputed comments under this Section,
Authority shall conduct a comment resolution meeting with the City within ten (10) Days of
notification of the disputed comments, to address and resolve any such outstanding City
comments. The designated City Representative shall participate in the comment resolution
meeting and shall invite any support staff reasonably necessary to address and resolve the
outstanding comments at such meeting. .
2.12.4 -The provisions of this Section will also apply to any re-submittal of plans
and specifications by Authority, whether in response to a City notice or return of incomplete
plans and specifications, or in response to substantive City comments. Re-submittals shall
include the City's comment matrix, City's annotated plans, and confirmation of comment
resolution.
2.13 Coordination of New and Unrelated City and Other Facilities
2.13.1 The Authority acknowledges that the City may implement certain new or
improved City facilities adjacent to the Project. Throughout the term of this Agreement, if
City plans to construct new facilities unrelated to the Project that would cross or otherwise
occupy locations that might conflict with Construction or operation of the Project, City will
coordinate the design and installation of such facilities with Authority such that any conflict
with the Project is minimized.
2.13.2 Metro and City will establish a ZI-1117 permit process to require projects
within or adjacent to the Project's right of way to obtain Metro concurrence prior to final plan
sign off. Metro shall have the right to final permit sign off.
2.14 Relocation of City Utilities and Private Utilities
Authority shall be providing a composite utility plan to the City to be reviewed and
approved in advance, and the City and Authority shall jointly determine the priority of any
utility conflicts. If mutually agreed to, within 10 Days of receipt of Authority's written
request, the City will send a written notice to all utilities whose facilities conflict with the
Project, instructing them to relocate or remove the conflicting facilities. The determination
of which party shall be responsible for the cost of such removal or relocation shall be
resolved by Authority, City and the affected utility. Private utility costs and related
Authority Costs shall not be borne by the City in part or in whole, except for Betterments.
ARTICLE 3
AUTHORIZATION, CONSTRUCTION, AND PROPERTY RIGHTS
3.1 Community Notifications
The D/B Contractor and the Authority, in consultation with the City, will be
responsible for establishing public outreach programs to provide proper notifications to
the affected communities prior to and during construction. These notifications include but
are not limited to public announcements in radio stations and local newspapers,
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changeable message signs, road advisory signs, community notice mailing, and posting
of notices. The Authority shall require its contractors to schedule their activities so as to
minimize construction duration.
3.2 Permits
3.2.1 For this Project and pursuant to applicable Laws, City agrees to a Special
Permitting Process and Waiver of Certain Permit Fees ("Special Permitting Process" or
"SPP") as set forth in this Article to cover certain work affecting the public Right-of-Way by
Authority. Except as provided for in this Article, City agrees that it shall not exercise
permitting authority over, and shall not require the payment of fees or the posting of bonds
for the Project Facilities located within, on, under or over the City's Right-of-Way for the
period of time in which this Agreement is in effect. Authority's plans and specifications for
construction of the Project Facilities located within, on, under or over the City Right-of-Way
shall be submitted for City's review and comment as provided in Section 2.g.
Notwithstanding the foregoing, the City's Standards, plans, specifications, general
provisions, and approved materials shall be adhered to by Authority except as provided for
in this Agreement.
3.2.2 City waives the payment of certain permit fees identified in this Article. In
lieu of payment of these permit fees, Authority agrees to reimburse City for the cost of City's
permit processing staff time pursuant to a work plan or authorization process as provided for
in this Agreement. City agrees to accept such reimbursement in satisfaction of the
otherwise applicable permit fees. However, Authority will be required to pay for all permit
costs and user fees associated with capital entitlement fees and temporary use fees during
construction of the Project as provided in this Agreement.
3.2.3 Prior to commencement of any phase of the Project construction affecting
non-Metro property within the City, Authority or its contractors will apply, take out and pay for
any required City permit not otherwise exempted by this Article, and Authority or its
contractors will give City advance written notice of commencement of such construction as
agreed to between the parties. No fees or costs shall be assessed against Authority with
respect to work affecting non-Metro property that is already included in the Project and/or
which is included in work being performed by City under a Work Authorization or Work
Order.
3.3 Special Permit Process and Waiver of Certain Permit Fees
3.3.1 All work for the' Project that is within or affects the City's Right-of-Way is
subject to the Special Permitting Process set forth in this Agreement, including any
portion(s) of private properties dedicated for public right of way purposes. This Article shall
not relieve the Authority or its contractors from plan checks, permits, or inspections required
by the Santa Monica Police Department, and plan checks, permits, or inspections required
for fire and life or safety matters by the Santa Monica Fire Department, (i.e., hazardous
materials soil removal, abatement of hazardous material storage tanks, special
extinguishing systems, State Fire Marshal Code requirements, Certificates of Occupancy,
etc.). All City staff costs for design review, coordination, construction inspection and testing
related to work required by this Article shall be reimbursed by the Authority through City
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Work Plans, as specified in Article 8 of this Agreement; provided, however, that no fees or
costs shall be assessed against Authority with respect to work affecting non-Metro property
that is already included in the Project and/or which is included in work being performed by
City under a WorkAuthorization or Work Order.
3.3.2 The Special Permitting Process is intended to serve in lieu of the following
permits for work in the public right of way:
(a) Use of Public Property Permit (including temporary traffic control
plans)
right-of-way)
met:
(b) Street Construction Permit
(c) Utility Excavation Permit
(d) Encroachment Permit (for encroachments into the public
(e) Sewer Permit
(f) Storm Drain (Connection) Permit
(g) Oversized Load Permit
(h) After Hours Construction Permit
(i) Temporary No Parking Fee, but only if the following conditions are
(1) The Authority diligently and expeditiously works with City in
establishing a comprehensive replacement parking plan on adjacent streets prior to
Authority or its DB Contractor commencing any Construction; and
(2) As provided for in this Agreement, Authority minimizes to
the maximum extent possible the removal of parking spaces in a Construction zone to
that which is necessary to safely execute the Construction. City may require clarification
to or changes in the amount of proposed parking loss if this is not adequately documented
by Authority or its DB Contractor.
Except, Authority or its DB Contractor will be required to pay any applicable City
Temporary No Parking Fee for any parking space that is removed as a convenience to
Authority or as a convenience to any of its contractors. As used in this subpart,
"convenience" includes utilizing parking spaces for employee parking which is related to
the Construction, or staging any Construction related vehicle in a parking space when
other reasonable alternatives exist.
,3.3.3 The following capital, entitlement and temporary use fees will not be
waived by this Special Permitting Process:
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(a) Industrial Waste Discharge Permit
(b) Water Capital Facility Fee
(c) Water Demand Mitigation Fee
(d) Wastewater Capital Facility Fee
(e) Temporary Water Meter Fee
3.3.4 The SPP is intended to facilitate an expedited review and approval of
improvement plans and authorize the construction of facilities in the public right of way.
Work subject to the terms of this SPP shall include all types of construction, excavation and
exploration, testing, installation of traffic control devices and detours within the right of way
that affects the flow of vehicular and pedestrian traffic.
3.3.5 The following plan check and plan .approval and construction
implementation applies to the Project:
(a) Plan Check/Plan Approval Process
(1) The City will designate a Permit Coordinator and a Permit
Specialist to facilitate the plan check/plan approval process.
(2) The Permit Coordinator will be the point of contact for
Authority regarding the establishment of plan check priority and resolution of technical
issues.
(3) Plan check will be performed electronically using
ProjectDox and Authority's comment matrix form, unless otherwise agreed to in writing by
the parties.
(4) Plans are to be submitted as follows:
(i) Two sets of hard copies (1-11"x17" and 1-24"x36").
(ii) Electronic files submitted in .DWG or .PDF format:
(5) Construction Plans for the Project will be submitted by the
D/B Contractor or other Authority designee to the Permit Specialist through ProjectDox,
unless otherwise agreed to in writing by the parties; provided, however, that no additional
fees shall apply for alternative types of submittals.
(6) The Permit Specialist will be responsible for logging and
tracking plan submittals and distribution and notification to all City staff responsible for
plan review.
(7) Plan check comments from various Divisions will be
compiled and will be returned to Authority electronically in a mutually agreed upon format.
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(8) The Permit Coordinator will be responsible for managing
internal plan review process in accordance with the timelines designated in the MCA and
coordinating/resolving any technical plan check issues.
(g) Plan checks will be performed by various City departments
and divisions under the direction of the Permit Coordinator.
(10) Each City department and division responsible for review
of plans will designate a primary and secondary contact.
(11) The Permit Coordinator or Construction Coordinator will
approve construction plans by stamp and signature.
(b) Construction Implementation Process
(1) The City will designate a Construction Coordinator to
facilitate the construction coordination and inspection process.
(2) The Construction Coordinator will be the point of contact
for Authority regarding the resolution of all technical issues related to construction of City
facilities.
(3) Construction management document control will be
performed electronically using Expedition.
(4) Submittals, RFI's, Work Plans, etc., shall be submitted to
the Construction Coordinator by Authority in PDF format.
(5) The Construction Coordinator will be responsible for
logging and tracking submittals and coordinating all internal City staff responsible for
submittal review.
(6) The Construction Coordinator or Permit Coordinator will
approve Work Plans by stamp and signature. An approved Work Plan for a specific
component(s) and/or segment(s) of work, constitute authorization to proceed with said
work in the public right of way.
(7) Inspections and substantial approval-acceptance will be
performed by various City departments or divisions under the direction of the
Construction Coordinator.
(8) Each department or division responsible. for inspections
and approval-acceptance will designate a primary and secondary contact.
(9) Construction Coordinator will facilitate substantial or final
approval-acceptance of City facilities.
(10) Facilities determined to be in non-compliance with the
approved construction plans will be subjected to the issuance of an appropriate
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non-compliance order in writing by the Construction Coordinator, for which Authority shall
have a reasonable cure period.
(11) Work determined to be in non-compliance with the
approved work plans will be subjected to the issuance of an appropriate non-compliance
order in writing by the Construction Coordinator, for which Authority -shall have a
reasonable cure period.
(12) A "Notice of Completion" (NOC) or a "Notice of Substantial
Completion" (NOSC) will be issued by the Construction Coordinator for a final or
substantial completion-acceptance of City facilities.
3.4 Special Permitting Process Conditions
3.4.1 The provisions of this Article do not apply to any utility company doing
advance relocation work, prior to the Notice to Proceed (NTP) for the Project. Individual
project construction contracts will require individual permits, such as excavation permits.
This permit requirement will be waived upon the Effective Date for all the utility work on
behalf of Authority within the contract limits of work as shown on Authority's unit construction
plans reviewed and approved by City Staff. Change orders and new work on City Facilities
not shown on City-approved Authority construction plans shall be reviewed and approved by
the City prior to permit issuance.
3.4.2 Authority shall be responsible for the relocation or Rearrangement work
for all Conflicting Facilities, such as water, sewer, street, storm drain, street lighting,
structural, traffic signal, striping, signing, fiber optic, telecommunication and other utility
facilities affected by the Project. Such work will be designed and constructed in accordance
with current City Standards and design policies.
3.4.3 Authority shall provide City with a video log and electronic imagery in a
format. acceptable to the City for work performed in, on or around the City Facilities.
3.4.4 Authority shall provide "As-Built" drawings within ninety (90) Days of the
completion of the work on either temporary or permanent facilities in a format acceptable to
the City.
3.4.5 Authority shall ensure that the design of all shoring and lateral support on
public rights of way is performed in accordance with the California Department of
Transportation -Trenching and Shoring Manual. Authority shall be responsible for the
review and approval of designs for shoring and lateral support, including soils reports and
engineering calculations. Authority shall submit a signed certification, .with two sets of
shoring, and lateral support system plans and calculations to the City not less than thirty (30)
Days prior to the start of construction. All submittals shall be signed and stamped by a
California Registered Engineer.
3.4.6 Authority shall require its contractors to submit their haul route and
overload permit applications with route maps to the City for review and approval. Such
submittal shall clearly state the proposed haul route(s), truck staging area(s), truck size,
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truck volumes/hour and the duration of the hauling operation and shall be submitted not less
than thirty (30) Days prior to the actual commencement date of the hauling operations.
3.4.7 Authority shall ensure that all construction work conform to the City's
Construction Mitigation and Implementation Requirements for the Expo Light Rail Project.
Authority shall require its contractors to provide advance notification to the City before
implementing any street or sidewalk closures for which the construction plans have been
reviewed and approved by the City. Authority shall require that its contractors be responsible
for installation, maintenance and removal of all traffic control devices and markings that may
be required.
3.4.8 Authority shall obtain written approval from the City for any work impacting
traffic on City streets or affecting existing traffic signal equipment or its operation in any way
not covered by any pre-approved plan. Authority shall require its contractors to provide
advance notification in accordance with the SPP Notification Matrix, unless otherwise
permitted, before the implementation of such plans.
3.4.9 Authority shall require its contractor(s) to inform the City of Project
emergencies or accidents that impact the operation of the City's surface street system in
accordance with the SPP Notification Matrix.
3.4.10 Authority shall require its contractors to minimize the number of City street
closures. Authority shall direct its Contractors to strictly adhere to the City's directives
regarding construction during peak hours. No more than one freeway on and off ramp shall
be closed at any given time for construction activities. No more than one primary north-south
corridor, as defined below, or freeway on and off ramp shall be fully closed at any given time
for construction activities. Any additional proposed closures must be approved in writing by
the City and adhere with Table 1 -Traffic Lane Requirements of the Construction Mitigation
and Implementation Requirements for the Expo Light Rail Project.
The primary north-south corridors referenced above include:
^ Centinela Avenue
^ Cloverfield Boulevard
• 26th Street
^ 20th Street
^ 17th Street
^ 14th Street
• 11th Street
^ Lincoln Boulevard
^ 5th Street
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^ 4th Street
Stewart Street
3.4.11 Authority shall not allow any City Right-of-Way to be used by its
employees or contractors for the parking of personal vehicles unless otherwise specifically
authorized in writing by the City.
3.4.12 Authority shall require its contractors to continuously provide safe and
adequate pedestrian access and circulation throughout the construction areas in
compliance with the provisions of the Americans with Disability Act (ADA). Pedestrian
crossings for streets at construction areas shall be provided with adequate signage and
street lighting to direct pedestrian traffic through the construction areas. To accommodate
pedestrians, the minimum unobstructed temporary walkway width shall be 5 feet unless
otherwise approved by the City.
3.4.13 Authority shall maintain pedestrian access and traffic circulation to all
residences, businesses and schools adjacent to the construction area. Accessible routes for
physically disabled pedestrians shall be maintained at all times during construction.
Temporary fencing and walking surfaces shall be approved by the City.
3.4.14. Authority and its contractors shall take necessary measures to
continuously control nuisance dust, in accordance with Regulation 403, "Air Quality
Management District Standards", the "Standard Specifications for Public Works
Construction", Sections 7-8.1 and 7-8.2, and with the Storm Water Pollution Prevention Plan
("SWPPP") for the Project.
3.4.15 Authority and its contractors shall ensure that discharges to the City's
storm drain system comply with the requirements of the Regional Water Quality Control
Board.
3.4.16 Authority shall ensure that its contractors comply with applicable local,
state, and federal regulations for the disposal of wastewater caused by construction
activities or contaminated soil or water encountered during boring, excavation, and grading
operations. All costs and other liabilities for these activities shall be borne by Authority and
its contractors. Potentially contaminated soil or groundwater encountered shall be tested as
necessary and mitigation and disposal measures shall be established and undertaken in
accordance with applicable Law.
3.4.17 Authority and its .contractors shall notify Underground Service Alert not
less than two (2) Days or more than ten (10) Days before each excavation.
3.4.18 Authority, upon completion of the work subject to this Agreement, shall
arrange for incremental subsurface and surface. final inspections by notifying the City of
what work is requested to be final inspected and. which plan sheets and change orders are
applicable. Thereafter, final inspection shall be made as soon as possible. If the work is
found to be in compliance with the approved plans and specifications, the City will furnish its
acceptance in writing. However, if corrective work is found to be necessary to conform to the
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plans and specifications, afinal correction list will be issued by the City and Authority shall
direct or perform such corrective work at its own expense. Further inspection will be required
for any corrective work noted oh the Punch List.
3.4.19 Neither Authority nor any of its contractors shall engage in any
construction activity during the following times and days anywhere in the City:
(a) Before eight a.m. or after six p.m. on Monday through Friday;
(b) Before nine a.m. or after five p.m. on Saturday;
(c) All day on Sunday;
All day on New Year's Day, Martin Luther King's Birthday, President's Day, Memorial.
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, as these
days are officially observed by the City.
Authority shall require its contractors to obtain written approval and permission from the
City, in accordance with Section 3.13 below, before engaging in any construction activity
during any time or day when construction activity is not authorized or permitted.
3.4.20 No utility disruption shall be permitted during the week of Thanksgiving or
between December 15th and January 2nd unless approved in writing by the Director of
Public Works and all appropriate utility providers. In approving any such utility disruption,
the Director of Public Works may impose conditions that, in the Director's sole discretion,
mitigate the impacts of any such work so that it causes the least disruption and
inconvenience to the public, including any affected neighborhood or busness, and so that it
is not detrimental. to the public health, welfare and safety.
3.5 Work in Streets
3.5.1 Authority shall give City advance written notice where the Project
Construction requires work in City's Right-of-Way and shall allow City adequate time for
review of relevant plans for such work in accordance with Section 2.12. Authority shall
secure written approval of all plans from the City for all such work.
.3.5.2 Authority and its consultants and contractors performing work in City's
Right-of-Way shall take all appropriate actions to ensure safe operations of the work and the
continuance of service of City Facilities. City reserves the right to stop work, if public health
and safety is at risk, as determined by the City staff.
3.5.3 City, after consultation with Authority, may require, if Authority's
contractors fail to perform work called for by the Design plans prepared hereunder and
required by any authorizations issued by City in connection with such work consistent with
such Design plans, upon notice (non-compliance citation) from City, that contractor shall
promptly commence to cure its failure. If the contractor fails to cure or is not diligently
prosecuting such cure to completion, City shall notify Authority. Upon receipt of notice from
City, Authority shall cause the contractor to cure its failure within the requested time.
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3.5.4 All work performed in a City Right-of-Way that will control pedestrian or
vehicular access will be in accordance with this SPP and the Construction Mitigation and
Implementation Requirements for the Expo Light Rail Project.
3.6 Temporary and Permanent Street Closures
Authority and City may agree that a street, highway, bridge, sidewalk or other City
Right-of-Way be temporarily closed for the necessity and convenience of the Project. Any
such closure must comply with the Construction Mitigation and Implementation
Requirements for the Expo Light Rail Project. Nothing in this Article shall preclude City
from requesting that certain streets not be closed to accommodate "Special Events"
utilizing those streets, such as parades, and Authority shall cooperate with City to
accommodate such requests. Authority, its consultants, and contractors will cooperate
with City to minimize closures of City Right-of-Way. The City will notify the Authority and
its contractors as to all known major events thirty (30) Days prior thereto.
3.7 State and Federal Requirements
3.7.1 Nothing in this Agreement shall be deemed to abridge any applicable
federal or State law or State agency authority regarding permits, orders, licenses and
authorizations that may be required or available in connection with the design and
construction of the Project.
3.7.2 The California Public Utilities Commission ("CPUC") has jurisdiction over
establishment of street and pedestrian crossings with Metro's rail transit tracks, their
subsequent maintenance or alteration, and their operation. Formal application for
establishment or alteration of said crossings is required by the CPUC. Unless otherwise
agreed between Metro and City, Authority may prepare, subject to concurrence and
agreement by City, appropriate CPUC plans and applications therefor. To the extent
required by law, the State Fire Marshall, and City Fire Department shall review plans for and
shall perform inspections.as needed throughout the term of this Agreement.
3.8 Grant of Rights
If, prior to Authority's scheduled date of commencement of work in a section or
portion of the Project, any Rearrangement is necessary to eliminate a conflict, City may
grant to Authority or its designee sufficient rights, if necessary; to allow Authority to
proceed with investigation of existing conditions and the construction of that section or
portion of the Project in accordance with Authority's schedule; provided, however, that
such grant does not unreasonably and adversely interfere with provisions of City's
services to the public, or affect public health and safety; and provided further; that City is
authorized under applicable law to grant such right.
3.9 Replacement Rights-of-Way
3.9.1 The City agrees to consider requests by Authority to convey to Metro at no
cost to Authority, any City owned street crossings, slivers, surface easements and
temporary construction easements that may be required for Construction and/or operation
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of Project subject to this Agreement (including both temporary and permanent easements
and other interests), without requiririg Authority or Metro to go through the appraisal,
negotiations, offer, closing and transfer process, as permitted by applicable Law. Authority.
will prepare or cause to be prepared, the title documents and documents of conveyance. If
City agrees to such a conveyance, said documents will be transmitted by Authority's
Representative to City's Representative who shall process them through the required
departments for execution and return them to Authority within 90 Days after receipt, but in
any event in accordance with the applicable Project schedule.
3.9.2 City agrees and acknowledges that this Agreement satisfies any Authority
or Metro obligations to City relating to the certification of rights of way, and that City shall
cooperate with Authority and Metro, and assist Authority and Metro, with any right of way
certification processes involving other entities or agencies.
3.9.3 Authority agrees to consider or cause Metro to consider requests by City
to convey to City at no cost to City, any street crossings, slivers, remnant property, surface
easements and temporary construction easements that may not be required for
Construction and/or operation of Project subject to this. Agreement (including both
temporary and permanent easements and other interests), without requiring City to go
through the appraisal, negotiations, offer, closing and transfer process. City will prepare or
cause to be prepared, the title documents and documents of conveyance. If Authority, on
behalf of Metro, agrees to such a conveyance, said documents will be transmitted by City's
Representative to Authority's Representative who shall process them and return them to
City within 90 Days after receipt, but in any events in accordance with the applicable Project
schedule.
3.9.4 Authority agrees and acknowledges that this Agreement satisfies any City
obligations to Metro relating to the certification of rights of way, and that Authority shall
cooperate with City, and assist City, with any right of way certification processes involving
other entities or agencies.
3.10 City Licenses within the Project Right of Way Owned by Metro
If a Rearrangement is made so that the Replacement Facility will be located within
a Project Right-of-Way owned by Metro; Authority shall provide (or cause Metro to
provide) City with an equivalent property right, if necessary, to accommodate the
Replacement Facility, reasonably satisfactory to City. The parties agree that in accepting
such an equivalent right and in releasing its existing rights, City shall acquire reasonable
rights to install, operate, maintain and remove City Facilities, including the Replacement
Facility, to the same extent as the City previously exercised.
3.11 Temporary Authority Facilities
Temporary Facilities may be necessary to facilitate Construction of the Project
(including Rearrangements). Authority or its designee may use, without cost, lands
owned or controlled by City for any Construction related purpose, including, but not
limited to, the erection and use of Temporary Facilities thereon; provided that, City shall
first approve in writing the availability, location and duration of the Temporary Facilities.
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Upon completion of the related Construction and Authority's determination that the
Temporary Facilities no longer are needed, Authority shall remove all Temporary
Facilities and restore the area to its original condition unless Authority and City mutually
agree otherwise. If this agreed upon duration of a Temporary Facility has expired, the City
reserves the right to request turning over the City owned land at any time prior to
completion of the Project. Authority shall return the land to the City within forty (40) Days
from the requested date and restore the area as much as practicable to its original
condition, unless othennrise agreed to in writing by the City.
3.12 Temporary City Facilities
In the event that Temporary Facilities are necessary to effect a Rearrangement
being constructed by City, City or its designee may use, without cost, lands owned or
controlled by Authority for the purpose of using or erecting Temporary Facilities thereon;
provided that, Authority shall first approve in writing the availability, location and duration
of the Temporary Facilities. Upon completion of the rearrangement in its permanent
location, City shall remove all Temporary Facilities and restore the area as nearly as
practicable to its original condition unless City and Authority mutually agree otherwise in
writing.
3.13 Night, weekend, early hours and holiday construction activity
The Authority and its contractors shall not perform any construction activity during
any time or day not permitted by this Agreement or applicable Law, unless the Authority or
its contractors obtain the prior written approval of the Director of Public Works. The
Director of Public Works may approve such construction activity if the Director determines
that the construction activity during the requested times or days is in the best interests of
the City, that this construction activity will substantially expedite the construction of the
Project or that it will further the public welfare. In approving the construction activity, the
Director of Public Works may impose conditions that, in the Director's sole discretion,
mitigate the impacts of the construction activity so that it causes the least disruption and
inconvenience to the public, including any affected neighborhood and business, and is
not detrimental to the public health, welfare and safety.
ARTICLE 4
EFFECTING REARRANGEMENTS
4.1 Authority Construction of Rearrangements
Unless otherwise agreed between the Parties, Authority shall perform all design
and Construction of Rearrangements. Authority or its contractors shall commence and
thereafter diligently prosecute-such Rearrangement work to completion in conformance
with Design plans and specifications prepared pursuant to Article 2 and 3 of this
Agreement and such work shall coincide closely and be coordinated with Authority's
Construction schedule for the Project, including the established schedule for Construction
of Rearrangements. If changes in the Final Design plans or specifications are necessary,
Authority shall first submit such changes to City for review and .approval before
Construction. City shall respond to any such submittal in accordance with the provisions
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of Section 2.12 of this Agreement. Authority shall notify the City prior to performing any
rearrangement work in accordance with the SPP Notification Matrix. The City will inspect
and test backfills for utilities within City Rights-of-Way as well as all City Facilities owned
or operated, or to be owned or operated by the City. When traffic signal construction is
involved, or traffic control devices are impacted, contractor must also arrange for
inspection by calling the City in accordance with the SPP Notification Matrix.
4.2 City Construction of Rearrangements
If the Parties mutually agree that City shall perform Construction of a specific
Rearrangement, Authority shall issue a Work Order to City for such Construction and the
following provisions shall govern:
4.2.1 City shall commence and thereafter diligently prosecute the Construction
of such Rearrangement to completion as authorized by Work Order, in conformance with the
Design plans and specifications prepared and approved pursuant to Article 2 of this
Agreement and in conformance with the time schedule set forth in the Work Order. Such
Construction shall coincide closely and be coordinated with Authority's Construction
schedule for the Project, including the schedule for Construction of Rearrangements of other
utility, cable, pipeline, and other facilities in the same segment or portion of the Project. City
shall coordinate its work with other facility owners and contractors pertorming work that may
connect, complement or interfere with City's work hereunder or with City Facilities.
4.2.2 City shall notify Authority at least five (5) Days prior to commencing each
Rearrangement so that Authority may make arrangements for inspection and record
keeping.
4.2.3 All work by City's forces or its contractors pursuant to this Article 4 of this
Agreement shall comply with the environmental controls established in the Design/Build
Contract, including without. limitation construction noise and vibration control, pollution
controls, archeological coordination, and paleontological coordination.
4.3 Maintenance
In concurrence with Authority, City shall schedule, when possible, any routine
maintenance of City Facilities so as not to interfere with Project Construction or
operations.
4.4 "As-Built" Drawings
Authority and City shall each maintain a set of "As-Built" plans of Rearrangements
performed by Authority and City, respectively, during the progress of construction. "Red
line mark ups" for temporary lighting systems, traffic signal systems, and other city
facilities shall be submitted to the City within ten (10) working days of construction. All
design changes shall be documented on RFI/RFC forms. The contractor shall update the
contract plans with the City approved changes. The City representative shall meet with
Authority and its contractor once a month, prior to Authority's approval of the contractors
monthly progress payment, to check and verify that as-built plans are being maintained
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by the contractor and that contract plans are being updated with all approved design
changes. Authority's approval of contractor's progress payment may be subject to
updating and maintaining. a complete set of as-built drawings.
Once the as-built work done by the contractor is approved by the City, Authority
shall arrange for the transfer of as-built information on the contract plans electronic files in
electronic format. Hard copies of the updated plan sheets for every month shall be
submitted to City. Upon completion of the Rearrangement work, the Party that performed
the work shall furnish the other Party with reproducible "as-built" drawings showing all
Replacement Facilities installed by the perfiorming Party, within sixty (60) working days
after completion of work for each set of plans. All "as-built" plans (whether provided by
Authority, by Consultant, or by Contractor) shall be in a format, which conforms to the
electronic formats of the following:
In lieu of providing documents under this Agreement in AutoCAD, Authority may, in
its sole discretion, provide the documents in Micro Station, subject to the requirement that
Authority provide City with aone-year Micro Station license at Authority's sole cost and
expense. If City desires to extend the MicroStation license beyond such one-year period,
City may do so at its sole cost and expense.
Street Improvements Plans - AutoCAD, plot style files and hard copies to be
scanned with Pdf w/ 300 DIP min. after all signatures.
Stormdrain plans -AutoCAD, plot style files, and hard copies to be scanned with
Pdf w/ 300 DPI min. after all signatures.
Structure plans - AtatoCAD, plot style files and hard copies to be scanned with Pdf
w/ 300 DPI min. after all signatures.
Sewer plans - AutoCAD, plot style files and hard copies to be scanned Pdf w/ 300
DPI min. after all signatures.
Street Llght Plans - AutoCAD, plot style files and hard copies to be scanned with
Pdf w/ 300 DPI minimum after all signatures.
Street Landscape Plans -Micro Station and hard copy after all signatures.
Traffic signal, signing and striping plans - AutoCAD, 2009 files compliant to City
Standards, Pdf, latest version, as approved by the City, and plot style files latest version,
as approved by City and plot style files compliant to City Standards, Pdf style files (e.g.,
pen tables, plot settings), and original signed Mylar sheets.
All other plans - AutoCAD and hard copies to be scanned Pdf w/ 300 DPI minimum
after all signatures.
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4.5 City Activities
If City plans to undertake or authorize any activities, during the period of
Construction of this Project, within or near any portion of a Project Right-of-Way (including
without limitation construction of new facilities, repairs or modifications to existing
facilities, parades, and similar activities) City will coordinate such activity with Authority to
minimize impact, delay or interference with such Construction, and Authority shall
reasonably cooperate with City with regard to same.
ARTICLE 5
CITY CONSTRUCTION SERVICES, INSPECTION AND QUALITY ASSURANCE
5.1 Construction Support and Services
In accordance with the provisions of Section 2.11 entitled "Assistance by City," the
City shall assist the Authority through the designated positions and/or individuals in
Exhibit B and reimbursement of their services shall be in accordance with Article 8.
Where authorized by a Work Order, Construction support and services provided by these
City departments and bureaus shall include the following:
i) City construction inspection services and acceptance;
ii) Materials testing and acceptance, including independent assurance sampling
and testing (IAST) for materials used for construction of City facilities.
iii) Change order review and approval for City Facilities.
iv) Review and approval of required material and shop drawing submittals by the
.appropriate City office for City Facilities.
v) Timely responses to requests for information.
vi) Traffic and detour management.
vii) Traffic Service Officer deployment.
viii) Miscellaneous permitting and haul route approvals.
ix) Other support and services, as requested or necessitated.
x) Review of all Fire/Life Safety plans and field inspection of systems installed
as well as System Acceptance sign-off.
5.2 Inspection during Construction
City and Authority agree that all work on City facilities will conform to standard
policies and practices of the designated on-site City inspector as it relates to inspection,
sampling, and testing. The Authority will require adherence to such policies and practices
by its contractors.
5.2.1 Notwithstanding City inspection or approval of any Construction, all work
performed by either Party for Construction of the Project shall be subject to Authority
inspection and final approval. Authority also may inspect the Construction of
Rearrangements to ensure that the work has been performed in accordance. with the
approved Designs.
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5.2.2 All Rearrangement Construction of City Facilities and construction of new
City Facilities by Authority shall be inspected by the designated on-site City inspector. Such
inspection services shall be authorized by Authority under the Work Plan. City shall provide
inspectors dedicated to Authority's Projects who will be available throughout Project
Construction, at Authority's expense and as needed to support Authority's schedule for the
Project, to observe and inspect the Rearrangement of City Facilities so that upon completion
of Construction, City will have a basis for acceptance of the work. City's inspectors shall
cooperate and coordinate with the Authority Representative and Authority's contractors.
City's inspection shall also include planned field reviews for compliance with construction
staging plans, including the Traffic Management Plans. Inspection will involve the
verification of vehicular and pedestrian access and circulation immediately adjacent to the
Construction area, and maintenance of appropriate access to directly affected businesses,
as provided for in said plans: All City inspectors may be required to submit copies of daily
written inspection reports to Authority, within 48 hours after the subject inspection. The City
may remove and replace any inspector for cause within 5 Days after Authority's written
request therefor.
5.2.3 At the inspections provided in accordance with Sections 5.2.1 and 5.2.2
above, each Party shall inform the other in writing of any deficiencies or discrepancies in any
work discovered in the course of such inspection. City will provide immediate verbal notice
of nonconformance to Authority's construction manager as well as to Authority staff (as
designated by the Authority Representative), followed by a written nonconformance notice
no later than 48 hours after discovery. Likewise, Authority will provide immediate verbal
notice of nonconformance to the City Representative (or to such other City staff as may be
designated by the City Representative), followed by a written nonconformance notice no
later than 48 hours after discovery. Each nonconformance notice shall include an
explanation of the resolution desired by the notifying Party. All non-conformances with
respect to Project Facilities constructed by City or its contractors pursuant to Article 6 of this
Agreement must be corrected or resolved so that the Construction conforms to the Final
Design and other requirements of the procurement documents approved by Authority (or in
the case of work performed by City's own forces, to the Final Design approved by Authority
and the requirements imposed pursuant to Section 6.1 of this Agreement). All notices of
nonconformance provided by City with respect to City Facilities shall be addressed in
accordance with Section 2.2.4 of this Agreement.
5.3 Finallnspection
As soon as the work of any specific Rearrangement has been completed (and
tested when called for by the approved Design), the Party which perfiormed the
construction work, shall notify the other Party in writing that the Rearrangement is ready
for final inspection. All final inspections by City will be started within seven (7) Days
following request for it by Authority's contractor in accordance with the SPP Notification
Matrix. The final inspection of any Rearrangement shall be attended by the Authority
Representative 'and the City Representative at Authority's expense. Each Party will
provide to the other Party's Representative immediate written notice of any deficiencies
or discrepancies in any Construction work discovered in the course of the final inspection.
Each nonconformance notice shall include an explanation of the resolution desired by the
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notifying Party. All non-conformances with respect to Project. Facilities Constructed by
City or its contractors pursuant to Article 6 of this Agreement must be corrected or
resolved so that the Construction conforms to the Final Design, all approved changes,
and other requirements of the procurement documents approved by Authority (or in the
case of work performed by City's own forces, to the final design approved by Authority
and the requirements imposed pursuant to Section 6.1). All notices of nonconformance
provided by City with respect to City Facilities shall be addressed in accordance with
Section 2.2.4 of this Agreement. Both Parties' inspectors shall be available to observe
and inspect any corrective work performed, as needed to support Authority's schedule for
the Project. Promptly upon completion of the Rearranged City Facility (including if
applicable, completion of any corrective work performed), the City Engineer or other
designated City representative shall furnish its written notice that construction of the City
Facility is accepted. City's acceptance is contingent upon Authority submitting to City and
securing City's approval on all required post construction documents, such as the as-built
drawings.
5.4 Materials, Equipment and Prototype Testing
City shall have the right to test materials used in construction of City facilities by
Authority's contractors. Authority or its contractor shall notify City by noon of the Day
before plant inspection is required. Plant inspection sites outside a 50-mile radius of the
City require prior authorization of the City inspector and Authority shall notify City three (3)
Days in advance when a plant inspection is required. Authority shall have the right to have
its witnesses attend all such tests. City shall provide copies of the testing reports within
'seven (7) Days after each test, as well as providing to Authority access to the samples
used and to the testing laboratory for inspection of its equipment.
5.4.1 Equipment and Prototype Testing. Equipment andJor "or equal
equipment" not approved by the applicable City representative for lighting (as set forth in
Exhibit B) will require evaluation and testing prior to installation. The Contractor shall submit
shop drawings stamped and signed by a licensed structural or civil engineer registered in
the State of California and a prototype to the Bureau of Street Lighting 45 Days prior to
starting construction. Written approval from the applicable City representative on the shop
drawing and for the prototype are required prior to fabrication of any new equipment
intended for use on a City Facility.
5.5 Use of Improvements during Construction
The Authority is responsible to direct its contractor to allow the City the use of
improvements during construction, if deemed necessary by the City and agreed to by the
Authority. City reserves the right to take over and utilize all or any completed part of any
City Facility ("Utilization"), unless such Utilization would interfere with Project
Construction; provided, however, that subject to the warranty obligations of Authority or
its DB Contractor, City shall be responsible for the performance of all maintenance
obligations and costs. Authority will be given reasonable advance notice thereof. If City
agrees in writing prior to the Utilization, such Utilization will be deemed acceptance of that
Facility or part thereof, and any subsequent damage thereto shall be City's responsibility
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unless caused by Authority or its contractors or unless otherwise covered by the warranty
provisions in the D/B Contract and this Agreement. Thereafter, Authority will not be
required to re-clean such portions of the Facility except for cleanup made necessary by
Project Construction activities.
5.6 Acceptance by City
City shall accept all Rearrangements and City
Design Review process set forth herein. Final Desig
contingent on the completion of As-Built documents
Agreement, as applicable.
5.7 Reproducible Contract Documents
Projects in accordance with the
n approval of a City Facility is
as provided in Article 4 of this
The Authority and City agree to provide the other with suitable reproducible copies
of final contract documents which they have prepared or caused to be prepared to govern
the performance of a given Construction project by a contractor of either Party so that
each Party may compile a complete set of contract documents. Each Party shall prepare
or cause to be prepared the contract documents for which it is responsible in accordance
with its drafting standards, as mutually agreed to by the Parties.
5.8 Underground Service Alert
Prior to any commencement of underground work by either Party, Underground
Service Alert shall be notified in accordance with state law by the Party contemplating the
work or its contractor.
ARTICLE 6
PROJECT WORK BY CITY
In addition to specific Rearrangements which City may construct pursuant to
Section 4.2 of this Agreement, Authority and City may agree that City shall design and
construct or cause to be designed and constructed certain Project facilities (or
components thereof). In such event, design and construction for such work shall proceed
as follows:
6.1 Standards
All design and construction by City (or its consultants or contractors) pursuant to
this Article shall conform to the standards and specifications set forth in this Agreement
and the EIR.
6.2 Work Order for Design
When mutually agreed between Authority and City, Authority shall issue a Work
Order to City, within 60 Days of City's request for such Work Order, for the design of such
Project facilities (or components thereof).
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6.3 Design
If City agrees to perform the design work, upon completion of the Initial Final
Design, City shall provide Authority with a preliminary estimate of the Cost of the
construction work, and City's estimate of Authority's share of such Cost, together with
preliminary plans, specifications, and draft bid package. Upon Authority's, approval
thereof, City shall finalize all of the foregoing. Authority reserves the right to reject the
preliminary plans, specifications and draft bid package. In such case, Authority shall
reimburse the City for all authorized costs incurred in preparing the plans, specifications,
and bid package.
6.4 Procurement
Upon Authority's approval of the final plans, specifications, bid package and
construction cost estimate, City shall advertise the contract for bids in accordance with
applicable Law and consistent with the applicable procurement requirements for
Authority. City shall inform Authority of Authority's share of the Cost, based upon the
winning bidder's unit prices, and shall furnish Authority with copies in accordance with
applicable Law of the extract of bids, together with sets of the final plans and
specifications. Authority shall have the right to require a minimum number of bids, to
specify certain of the Parties to whom bid requests are submitted, to review the bids, and
to approve the contract award recommendation prior to presentation to the City Council
for award of the contract. City shall not award a contract until the lowest responsive
responsible bidder has been approved by Authority. Authority reserves the right to
request rejection of all bids, but in such cases Authority shall still reimburse the City for
the design and review costs to the Project.
6.5 Construction by Contractor
After review and approval of the bids by Authority, Authority shall issue a Work
Order to City for City staff work. City shall notify Authority of the amount of advance
monies needed to award the contract and monies for contract progress payments
thereafter. Authority shall reimburse the City pursuant to the terms of this Agreement or
as mutually agreed within the Work Order. City shall thereafter obtain Authority's approval
for modifications to the contract which will affect the Project. City shall inform Authority
promptly when City has reason to believe that the cost estimate is likely to be exceeded,
and shall obtain Authority approval prior to granting of any such increase.
6.6 Construction by City Forces
Should City and Authority agree that work may be performed by City forces, the
cost estimate to perform the work and Authority's share thereof shall be furnished to
Authority for approval. Authority reserves the right to reject such cost estimate, but agrees
to reimburse the City for all costs of the work performed up to that point. Upon Authority's
approval of the cost estimate and Design, Authority shall issue a Work Order to City for
the City's cost of design and construction. The Work Order shall also reimburse the City
for all costs that City incurred prior to issuance of the Work Order by Authority, if the work
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is authorized by Authority. City shall obtain Authority's prior approval for any changes
from the approved Design or increase to the approved cost estimate.
6.7 Inspection
All Construction performed by a contractor for the City pursuant to this Article shall
be subject to inspection in accordance with the provisions of Article 5 of this Agreement.
City inspection services on the work performed pursuant to this Subsection shall be
authorized by Work Order and shall be reimbursable in accordance with the procedures
set forth in Article 5 of this Agreement.
6.8 Reports and Invoices
City shall furnish to Authority a monthly progress and accounting report for the
work performed pursuant to this Article in a mutually agreeable format. Upon request by
Authority, City shall additionally furnish an invoice and request for payment based on the
Cost of the Construction work performed, in accordance with Article 8 of this Agreement.
6.9 Requirements
6.9.1 All Design, Construction and other activities to be performed by City
pursuant to this Article shall be carried out in conformance with the time schedule(s) set forth
in the applicable Work Order. Such schedules shall accommodate variables, including
changes in the contractor's schedule, availability of information, or passage of a Proposition
218 vote for Lighting System Work. Such time schedule(s) shall coincide closely and be
coordinated with Authority's schedule for the Project. City shall coordinate its work with other
facility owners and contractors performing work that may connect, complement or interfere
with City's work pursuant to this Article or with the Project Facilities (or components thereof)
being constructed by City.
6.9.2 All work by City's forces or its contractors pursuant to this Article shall
comply with the environmental controls established in the construction .contract or
Design/Build Contract between Authority and its contractor for the Project, including without
limitation construction noise and vibration control, pollution controls, and archeological and
paleontogical coordination.
ARTICLE 7
DISPOSITION OF SALVAGED MATERIALS
7.1 Salvage
The Parties may salvage certain materials during the course of Rearrangement as
mutually agreed during the design stage. If materials are to be reused, the Authority's
contractor shall exercise reasonable care in removal and storage of such materials.
Materials shall be inspected and stored until such time as the progress of work allows the
reinstallation of such materials. Materials which are not to be reused in a Rearrangement
but which City desires to reclaim may be recovered by City forces within a mutually
agreed upon time frame or be returned by Authority to a location approved by the City.
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Subject to acceptance by Authority, materials removed by Authority not reused or desired
by City, shall become the property of Authority, unless otherwise mutually agreed to.
7.2 Salvage Credits
Authority shall receive a credit for salvage and transporting of such materials
described herein that are used or reclaimed by City, as provided in Article 9 of this
Agreement.
ARTICLE 8
REIMBURSEMENTS TO CITY
8.1 Reimbursement to City
Authority shall reimburse City for services performed in accordance with a Work
Plan in the manner provided by this Agreement. Except with respect to Betterments, the
issuance of a Work Order shall obligate Authority to reimburse City in the manner
provided by this Agreement. The term "Cost" shall mean the direct and indirect costs
actually incurred by City for activities or work performed or materials acquired in
accordance with the terms of this Agreement, less credits to Authority as provided in
Article 9. Direct costs shall include allowable direct labor costs spent specifically for work
performed under this Agreement by approved and designated positions and/or
individuals. Indirect costs shall be computed based upon the Indirect cost Rates
approved annually for the City by its cognizant agency (currently the United States
Department of Labor pursuant to Circular A-87 of the Office of Management and Budget
and Publication OASC-10), for allocation to Federally funded. or State funded contracts.
Unless the Internal Revenue Service and the California Public Utilities Commission issue
regulations or rulings to the contrary, reimbursable costs will not include taxes purportedly
arising or resulting from Authority's payments to City under this Agreement.
Notwithstanding and in lieu of the foregoing, a fixed price for certain Design and/or
Construction by City may be established upon mutual agreement of the Parties, as set
forth in the applicable Work Order. Any such fixed price shall include all applicable credits
due pursuant to Article 9 with respect to such work.
8.2 Reimbursement for Abandoned Facility
In those cases in which Authority and City agree that the construction of the Project
will eliminate the service need for a specific Conflicting Facility, Authority shall not be
required to replace or compensate City for the Conflicting Facility, in which case Authority
shall compensate City only for necessary Costs incurred in abandoning the Conflicting
Facility; provided, however that Authority shall not be responsible for any Abandonment
or other Costs relating to the presence or existence of any environmental hazard on, in,
under or about a Conflicting Facility or other City Facility, including but not limited to any
"hazardous substance" as that term is defined under the Comprehensive Environmental
Response, Compensation and Liability Act unless Authority or its contractor caused the
environmental hazard through its actions. Authority will assist with the determination of
the party responsible for the "hazardous substance" and assist in making such party
accountable and responsible for the measures necessary to remediate the site.
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ARTICLE 9
REIMBURSEMENTS AND CREDITS TO AUTHORITY
9.1 Survey; Review of Records
The. amount of credits or payments, as applicable, due Authority for salvage shall
be mutually agreed on by Authority and City based upon applicable books, records,
documents and other data of City. To assist in the determination of credits or payments
due Authority under this Agreement, Authority and City may conduct an inspection surrey
of each Conflicting Facility during the Design stage. Pursuant to a Work Plan, City shall
provide Authority with drawings, plans or other records necessary to conduct such
survey. The survey shall describe the physical attributes, date of construction or
installation and present condition of each Conflicting Facility; shall report the expected
service life of each Conflicting Facility as derived from City's records; and shall state
whether City intends to salvage materials contained in each City Facility.
9.2 Salvage
As applicable, salvage credit shall be allowed or City shall pay for salvage, for
items of materials and equipment recovered from existing City Facilities that the City
intends to re-use, in the performance of Construction work specified herein. The amount
of salvage credit or payment, if any, shall equal the depreciated value of like or similar
materials as determined by mutual agreement, plus storage and transportation costs of
such materials salvaged for City's use as directed by the City.
9.3 Cost Determination and Payment of Betterments
Upon written notification by City that it desires to pursue a Betterment, Authority
shall obtain a cost proposal from the D/B Contractor for such Betterment in accordance
with the terms of the D/B Contract. Authority shall provide City with a detailed written cost
proposal and schedule for the Betterment, including a draft Work Order for the
performance of such Betterment, based upon the obtained prices from the D/B
Contractor. Concurrently with obtaining the cost proposal from the D/B Contractor,
Authority shall perform an independent assessment of the cost of the Betterment and
consult with City on its independent assessment upon delivery of the cost proposal for the
Betterment. Authority shall work in good faith to assist City in negotiating a reasonable
cost for the performance of the Betterment; provided, however, that City shall have 20
Days from receipt of the cost proposal and independent assessment consultation to
approve a final cost estimate for the Betterment in writing, as may be extended by mutual
agreement. Each Party agrees and understands that the final determination and
approval of any Betterment may be subject to approval by the City's City Council, by
Authority's Board of Directors and, in the eveht of a material change to the Project, by
Metro's Board of Directors.
In the event City is unable or otherwise fails to agree to the cost of a Betterment in
writing within the 20 Day period (as may be extended), then City shall be deemed to have
disapproved the performance of the Betterment and Authority shall not be required to
cause the Betterment to be performed. Authority shall not be deemed to have acted in
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bad faith for failing to extend the 20 Day City approval period of a Betterment or any
additional extension thereof.
If City is unable to agree on a lump sum price for the performance of a Betterment,
then during the.20 Day City approval period, City may request that the Betterment be
performed on a time and materials basis. Authority, in its sole discretion, may approve or
disapprove City's request to pay for a Betterment on a time and materials basis.
Authority shall not instruct the D/B Contractor (or otherwise issue a Work Order) to
perform any Betterment until such time as City has specifically approved in writing the
cost and payment obligations for such Betterment. City shall reimburse the Authority for
all Costs associated with the independent assessment and negotiations with respect to
determining the price for a Betterment. City shall be responsible for paying Authority for
all Costs pertaining to any Betterment performed under this Agreement pursuant to the
provisions of the Work Order issued for the performance of the Betterment. .
9.4 Credits to Authority Where City Performs Work
Authority shall receive a credit against work performed by City for salvage and
Betterments, and Expired Service Life of City Facilities, if contracted by Authority to
perform the work under this Agreement. The amount of such credits-shall be determined
as provided in this Article. All credits pertaining to a particular Rearrangement or other
item of work hereunder shall be reflected on the applicable invoice(s) submitted by City.
9,5 Payments to Authority Where Authority Performs Work
Authority shall receive payment from City for salvage, costs of Betterments, and
Expired Service Life of City Facilities where Authority performs work. The amount of
payment due shall be determined as provided in this Article. Authority shall invoice City
for such payment in accordance with Section 12.7, and City shall make payments to
Authority in accordance with Section 12.8 of this Agreement.
9.6 Intentionally Reserved
9.7 Reimbursement to Authority
The term "Cost" shall mean the direct and indirect costs actually incurred by the
Authority and attributable to activity or work performed or materials acquired in performing
a task pursuant to this Agreement. Direct costs shall include allowable direct labor,
equipment and materials costs -spent specifically for work performed under this
Agreement. Indirect costs shall include administrative and overhead costs at the rate
therefore established by Authority from time to time. Authority shall maintain its standard
forms and records showing actual time expended and costs incurred under each Work
Order and/or Work Plan or reasonable formula from which to determine Authority
administrative and overhead cost. The term "Cost" shall also include additional costs due
from the Authority to its contractors and/or consultants as a direct result of changes in
design for which City is responsible under Article 2 of this Agreement, including delays
that may result, provided that Authority, its consultants and contractors, have pursued the
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requested design change in a diligent and timely manner, have met their obligations
under this Agreement, Authority has demonstrated to the City that the change or delay
was unavoidable and was not otherwise caused from the actions of Authority or its D/B
Contractor and has resulted in an adverse impact to the cost of the Project and Authority
has presented the necessary data to document the costs incurred.
ARTICLE 10
INDEMNITY, WARRANTIES AND INSURANCE
10.1 Indemnity
10.1.1 Authority agrees to indemnify, defend and hold harmless City, its officers,
City Council members, officials, board and commission members, agents and employees
from and against any and all liability, expenses (including engineering and defense costs
and legal fees), claims, losses, suits and actions of whatever kind, and for damages of any
nature whatsoever, including but not limited to, bodily injury, death, personal injury, or
property damage arising from or connected with Authority's performance hereunder.
10.1.2 City agrees to indemnify, defend and hold harmless Authority, its
members, agents, officers and employees from and against any and all liability, expenses
(including engineering and defense costs and legal fees), claims, losses, suits and actions
of whatever kind, for damages of any nature whatsoever, including but not limited to, bodily
injury, death, personal injury or property damage arising from or connected with City's actual
design or construction performance.
10.1.3 In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon public entities solely
by reason of such entities being Parties to an agreement as defined by Section 895 of said
Code, the Parties hereto, as between themselves pursuant to the authorization contained in
Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or
any of its officers, agents or employees, by law for injury caused by negligent or wrongful act
or omission occurring in the performance of this Agreement to the same extent that such
party would be responsible under Sections 10.1.1 and 10.1.2 hereof. The provisions of
Section 2778 of the California Civil Code are part hereof as if fully set forth herein.
10.2 Warranty
Authority will require its contractors to provide warranties for excavations and
rearrangements as follows:
10.2.1 In lieu of providing a bond normally associated with the permit authority of
City relating to excavations in, or adjacent to, City Rights-of-Way, Authority warrants that any
work affectirig the structural stability of City Rights-of-Way shall be free from defect. Said
warranty shall be for the period specified in the DB Agreement. Said warranty shall
commence on substantial completion of the Project in accordance with the terms of the D/B
Contract. Pursuant to this warranty and for the warranty period only, Authority, at its sole
expense, shall remedy any damage to City Rights-of-Way to the extent caused by a failure
of such structural support installed by Authority during the warranty period.
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10.2.2 In connection with Rearrangements performed by Authority or its
contractors and any work performed by City or its contractors hereunder, warranties
supplied by contractors shall be made for the benefit of both City and Authority. City and
Authority each warrant to the other for a period of one (1) year from and after substantial
completion of the Project in accordance with the terms of the D/B contract, unless otherwise
specified, that any work performed by or for them shall be free from defect; this limited
warranty is the sole warranty given by City and/or Authority, and, pursuant to this warranty,
and for the warranty period only, City or Authority, as the case may be, shall remedy any
such discovered defect at its sole expense.
10.3 Contractor Insurance
The D/B Contract or any other contract entered into by City in connection with a
Rearrangement or with work on Project Facilities performed by City pursuant to Article 6,
shall contain a provision which requires, the general contractor, as part of the liability
insurance requirements, to provide an endorsement to each policy of general liability
insurance which names City and Authority. as additional insured. Unless otherwise
mutually agreed by the Parties or as otherwise set forth in the terms of other contracts
entered into by Authority with the D/B Contractor for design and construction of the
Project, Construction general contractors shall provide evidence of insurance in the
following amounts: $5,000,000 in General Liability, $1,000,000 in Workers'
Compensation/Employer's Liability, and $1,000,000 Combined Single Limit (CSL) in Auto
Liability. Unless otherwise mutually agreed by the Parties, Design contractors shall
provide evidence of insurance in the following amounts: $5,000,000 in General Liability,
$1,000,000 in Workers' Compensation/Employer's Liability, $1,000,000 CSL in Auto
Liability, and $1,000,000 in Professional Liability. No insurance shall be reduced in scope
or cancelled without thirty (30) Days prior written notice to Authority and City.
10.4 Contractor Bonds
In connection with Rearrangements and City projects and any work performed by
the City or its contractors, the City and the Authority may require their respective
contractors to secure payment and performance bonds, or other equivalent sureties,
naming both the City and the Authority as an additional obligee or co-beneficiary, as
appropriate. Such bonds shall be issued by a California licensed surety.
ARTICLE 11
FUNDING AND FINANCIAL ARRANGEMENTS WITH METRO
Metro is the funding agency to the Authority and will provide annual funding to the
Authority for specific work and/or services in connection with the Project. The Authority's
budget is based on design and construction costs according to the Contractor's schedule.
The Authority is responsible to secure funding for the costs of City support activities from
Metro. Once Metro approves the Authority's annual budget, all expenditures including the
funding for the City's annual work program will have to be within the approved budget.
The specific provisions and arrangements comprising the funding and financial
arrangements with Metro shall be memorialized in a separate financial contribution
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agreement between the parties, to be executed separately and concurrently with this
Master Cooperative Agreement:
ARTICLE 12
WORK PLANS, WORK ORDERS, BILLINGS, DEADLINES AND DELAYS
12.1 Work Performed by City
All work to be performed by City under this Agreement, as approved by Authority in
the applicable Work Order or Work Plan, shall coincide closely with Authority's design and
construction schedule for the Project. Consistent with its own staffing and workload
requirements, City shall allocate sufficient staff and other resources necessary to provide
the level of service required to meet the scope of work and schedules identified in Work
Orders and Work Plans submitted by Authority.
12.2 Work Plans
Authority and City will cooperate to develop a mutually agreeable annual work plan
for the Project for each Fiscal Year in accordance with the following provisions:
12.2.1 Not later than February 28 of each calendar year during the term of this
Agreement, Authority shall provide City with information with respect to anticipated Project
requirements and proposed Work Plan. Authority's provided information shall include a list
of each item of work that Authority anticipates to request from City with respect to the Project
during the upcoming Fiscal Year and the estimated start and finish dates for the work item
that Authority anticipates to request from the City. Within thirty (30) Days after receiving the
required information from Authority, City shall submit a preliminary annual Work Plan to
Authority for the Project that requires work by City during the upcoming Metro Fiscal Year,
which will include an estimated amount of money that City will require reimbursement for
work performed, a detailed description of individual staffing for such work, including
anticipated tasks and hours for each individual, and purchase of requested items.
12:2.2 For each Fiscal Year, following Authority's receipt of the preliminary
annual work plans pursuant to Subsection 12.2.1, City and Authority shall negotiate in good
faith to finalize such annual Work Plans, not later than March 30 prior to the commencement
of such Fiscal Year.
12.2.3 For each Fiscal Year, within 60 Days after City's submittal to Authority of
the final annual work plans and agreed upon by the Parties, Authority shall issue a Work
Plan to City identifying each item of work Authority anticipates City will perform through the
end of the Fiscal Year, the amount of money City and Authority agreed that City will be
reimbursed therefor, and the anticipated schedule City will be required to meet in
performance of such work. City acknowledges that such Work Plan may be subject to
amendments (including additions, deletions and modifications), and Work Orders may be
issued throughout the Fiscal Year as deemed appropriate by Authority for the Project, as
approved by the City by signing off the amendment to the Work Plan or the issuance of a
Work Order.
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The listed positions and/or individuals (including contractors and consultants) in a
Work Plan may perform the stated work so authorized. City shall only be entitled to
reimbursement for work performed by those positions and/or individuals listed in the Work
Plan and only for sucti work that is clearly approved in such Work Plan. City shall not be
entitled to compensation by Authority for any work performed outside the scope of the
subject Work Plan or by positions and/or individuals not listed in the subject Work Plan.
City shall provide certified statements to Authority in its monthly billing statements with the
detailed hours /time sheets and annotated work descriptions with respect to work
performed by each individual under a Work Plan. Contractors engaged by City to perform
work covered by this Agreement shall comply with all applicable labor and other laws and
agreements.
Authority shall have the right to petition the City Manager to replace any individuals
holding a position specified in a Work Plan by giving City thirty (30) Days written notice to
do so. Within twenty (20) Days of receiving such notice from Authority, City shall provide
written notice to Authority of its response, and if it elects to replace such individual, then
the City will notify the Authority of the replacement individual for the applicable work under
said Work Plan. City shall cooperate with Authority and take such actions as may be
reasonably appropriate to respond to such request. Each Work Plan shall specify the
work to be performed, the positions and/or individuals approved to perform such work, the
amount of money City will be reimbursed therefor, and a schedule, including the
estimated starting and finishing dates for work so authorized. Work Plans shall include
schedules which are consistent with and supportive of the Authority Design and
Construction schedule and will require City acceptance through sign off of the Work Plan.
City shall not be authorized to do any work, and shall not be paid, credited or reimbursed
for costs or expenses associated with any work not requested, specifically authorized, or
otherwise performed by the designated positions and/or individuals by a Work Plan,
unless otherwise mutually agreed to in writing. City shall be reimbursed for its reasonable
costs associated for administering this Agreement, including work related to preparing
and implementing the annual work programs in accordance with the terms of the Work
Plans.
12.3 Work Orders
Authority may' issue Work Orders to City, following City's submittal of an estimate
of the applicable work and Costs, to authorize the performance of all design and
construction work under such Work Order, including the purchase of all materials and
equipment required for City to perform such design and/or construction of a
Rearrangement or Project Facility under the terms and conditions of this Agreement.
The listed positions (including contractors and consultants) in the Work Order may
perform the stated work so authorized. City shall only be entitled to reimbursement for
work performed by those individuals holding the positions listed in the Work Order and
only for such work that is clearly approved in such Work Order. City shall not be entitled
to compensation by Authority for any work performed outside the scope of the subject
Work Order or by positions not listed in the subject Work Order. City shall provide
certified statements to Authority in its monthly billing statements with the detailed hours /
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time sheets and annotated work descriptions with respect to work performed by each
individual under a Work Order. Contractors engaged by City to perform work covered by
this Agreement shall comply with all applicable labor and other laws and agreements.
Authority shall have the right to petition the City Manager to replace any
individuals holding a position specified in a Work Order by giving City thirty (30) Days
written notice to do so. Within twenty (20) Days of receiving such notice from Authority,
City shall provide written notice to Authority of its response, and if it elects to replace such
individual, then the City will notify the Authority of the replacement individual for the
applicable work under said Work Order. City shall cooperate with Authority and take such
actions as may be reasonably appropriate to respond to such request. Each Work Order
shall specify the work to be performed, the position approved to perform such work, and
any materials or equipment to be acquired, the amount of money City will be reimbursed
therefor, and a schedule, including the estimated starting and finishing dates for work so
authorized. Work Orders shall include schedules which are consistent with and
supportive of the Authority Design and Construction schedule and will require City
acceptance through sign off of the Work Order. City shall not be authorized to do any
work, and shall not be paid, credited or reimbursed for costs or expenses associated with
any work not requested, specifically authorized, or otherwise performed by the
designated positions by a Work Order, unless otherwise mutually agreed to in writing.
12.4 Work Plan and Work Order Changes
12.4.1 Any proposed changes to a Work Plan or Work Order issued under this
Agreement shall be submitted in writing to Authority for its prior approval. If Authority fails to
respond in writing to a requested change within 20 Days, the change shall be deemed
accepted. However, any proposed change occasioned by emergency field construction
difficulties may be submitted to Authority orally or by telephone, and shall subsequently be
confirmed in writing by City. In such event, Authority agrees to act on such request as
promptly as possible, and Authority's lead field engineer may convey Authority's decision
orally, to be confirmed subsequently in writing.
12.4.2 Authority, at its sole discretion, may terminate a Work Plan or Work Order
for City performed work at any time, but will reimburse City in accordance with this
Agreement for Costs, if any, already reasonably incurred by City. If Authority terminates any
such Work Plan or Work Order, which allowed work under the Project SPP, the City, may
terminate the SPP.
12.4.3 City agrees to notify Authority if at any time City has reason to believe that
the Costs which it expects to incur in the next 60 Days under any Work Plan or Work Order,
when added to all Costs previously incurred, will exceed 75% of the total Costs specified in
the Work Plan or Work Order, or if at any time City has reason to believe that the total Costs
under said Work Plan or Work Order will be in excess of ten percent (10%) than previously
estimated Costs or that the estimated finishing date will be later than the date stated in the
Work Plan or Work Order. City will request written revisions of Work Plans or Work Orders in
the event of anticipated cost overruns or completion delays; provided, however, that any
such revision is subject to Authority's approval, and Authority may withhold its approval of
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any modification of scheduling requirements in its sole discretion. Without Authority's prior
approval, City will not be reimbursed for Costs expended in excess of maximum amounts
stated in a Work Plan or Work Order. In addition to monthly billing statements, City agrees to
submit a report to Authority each month, setting forth the hours City has billed for the prior
month under a specified Work Plan or Work Order, with a cost break down describing the
nature of the work performed and the individuals (identified by position) performing such
work. Each such report shall identify any cost overruns by the City for the budgeted month
with respect to outstanding Work Order and Work Plans.
12.5 Deadlines and Delays
12.5.1 City shall perform its work under this Agreement in accordance with the
deadlines and schedules established in this Agreement and as set forth in issued Work
Plans and Work Orders. Subject to Section 15.14 of this Agreement, if Authority has been
requested and has responded to City in a timely manner, and City fails to meet a deadline or
schedule established in this Agreement or in the applicable Work Plan or Work Order for
Design, Construction or any other activity, Authority shall demonstrate to the City that this
failure constitutes an adverse impact to the cost of the Project and is a direct result of the
delays to Authority's D/B Contract's critical path work. If such demonstration is sufficiently
established, City shall be responsible for all actual documented costs and expenses
incurred by Authority arising out of such delay. In the event Authority notifies City of a
compensable delay under this section, Authority shall also demonstrate that it has
responded to the applicable Design Review comments received by City and any written
request for information by City. if Authority and City agree, Authority may deduct the amount
due from City to Authority pursuant to this Agreement from payment or payments next due to
City under this Agreement.
12.5.2 Authority and its contractors shall timely commence, diligently prosecute
and complete Authority's Construction and other activities for each Rearrangement on or
before the applicable deadlines established in this Agreement or in the respective Work
Plans or Work Orders. If Authority or its contractor fails to meet such deadline, than any
affected time deadlines for City's Construction or other activities under this Agreement or
any Work Plan or Work Order shall be revised accordingly.
12.5.3 In addition to and without limiting any rights or remedies available under
this Section or otherwise, if City fails to complete its work on any Rearrangement on or
before the deadline established in the applicable Work Plan or Work Order, or if Authority
reasonably determines that City will be unable to timely complete such work, Authority
(without incurring any additional liability other than the Costs incurred as set forth in
Subsection 12.4.2) may terminate City's work on such Rearrangement by giving notice to
City in accordance with Section 12.4.2, and either perform the remaining work itself or cause
such work to be performed by Authority's D/B Contractor, subject to the City's approval and
inspection processes where City facilities are involved. If Authority takes over work as
provided in this Subsection, City shall cooperate and assist Authority as otherwise provided
in this Agreement.
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12.6 Procedures for City Billings to Authority
The Parties agree that the following procedures shall be observed for City's
submission of progress billings to Authority for work performed by City under a specific
Work Plan or Work Order:
12.6.1 City's billings shall begin within 90 Days following the commencement of a
specific Rearrangement or other work under a specific Work Order or Work Plan, and shall
follow the standard City billing procedures. Invoices for each billing shall be submitted on
the form to be attached hereto as Exhibit D ("Invoice Form"), along with all required data and
documentation required by the Invoice Form. Authority shall provide City with a copy of the
Invoice Form prior to the commencement of City's billings. City shall not be entitled to
receive payment for any invoice not timely or otherwise sufficiently submitted under this
Section, or for any invoice otherwise billing for work or services performed more than 90
Days prior to such billing.. Incomplete or inaccurate Invoicing Forms submitted by City shall
not be considered by Authority and shall be returned to City for re-submittal within 20 Days
of receipt. Any such non-conforming submittals shall not entitle City to an extension of the
submittal deadlines-set forth in this Section.
Each Invoicing Form shall be labeled as either "progress" or "final," shall be
addressed to the Authority Representative, and shall include a certification that-the
charges identified in such billing were appropriate and necessary to performance of the
referenced contract and have not previously been billed or paid. The final billing, with a
notation that all work covered by a specific Work Plan or Work Order has been performed,
shall be submitted to Authority within 90 Days following the completion of the
Rearrangement or other work,. shall recapitulate prior progress billings, shall show
inclusive dates upon which work billed therein was performed, and shall include a
certification that the charges identified in such billing were appropriate and necessary to
performance of the referenced contract and have not previously been billed or paid.
12.6.2 The City's Finance Department shall be the City's "Billing Agency" and will
process all billings.and collect and disburse funds.
12.7 Procedures for Authority Billings to City
In those cases in which Authority performs Rearrangement or other work not
related to or inclusive of Betterments, which is reimbursable to Authority in whole or in
part under the terms of this Agreement, Authority shall submit to City progress statements
indicating actual work performed during the billing period, the direct and indirect Costs
thereof, and City's share of such Costs within 120 Days following the commencement of
the subject Rearrangement or work. In those cases in which Authority performs
Rearrangement work with respect to Betterments, Authority shall submit progress
statements to the City indicating actual work performed for such Betterment within 60
Days of receiving the invoice for such work from the Contractor. Authority billing shall
begin as soon as practicable following the commencement of a specific Rearrangement
or other work, and shall follow Authority's standard billing procedures. Each billing shall
be noted as either progress or final, shall be addressed to the City Representative, and
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shall include a certification that the charges identified in such billing were appropriate and
necessary to performance of the referenced contract and have not previously been billed
or paid. The final billing, with a notation that all work covered thereby has been performed,
shall be submitted to City as soon as practicable following the completion of said
Rearrangement or other work, shall recapitulate prior progress billings, shall show
inclusive dates upon which work billed therein was performed, and shall include a
certification that the charges identified in such billing were appropriate and necessary to
performance of the referenced contract and have not previously been billed or paid.
12.8 Payment of Billings
Payment of each bill timely and properly submitted pursuant to Subsections 12.6
or 12.7 shall be due within forty (40) Days of receipt thereof; provided, however, that (a)
all such payments shall be conditional, subject to post-audit adjustments, (b) final
payment for each Rearrangement shall be contingent upon final inspection (and
acceptance, where applicable) of the work by the Party billed for such work, which
inspection (and acceptance, where applicable) will not be unreasonably withheld or
delayed, and (c) Authority may withhold credit amounts due Authority if City has not
posted such credits within forty (40) Days after submittal of requests for same by
Authority, (d) City may stop any works pursuant to Authority's work plan if Authority fails to
issue payments to any parts of City's billings within forty (40) Days and without written
notification to City regarding the reasons of delay for such as disputed billings.
12.9 Audit and Inspection
Upon reasonable notice, each Party (and its authorized representatives) shall
have reasonable rights to inspect, audit and copy, during normal business hours, the
other's records relating to its performance under this Agreement ,including all costs
incurred with respect to the Project, from the date hereof through and until expiration of
three (3) years after the accepted completion of all Rearrangements for the Project, or
such later date as is required under other provisions of this Agreement. Examination of a
document or record on one occasion shall not preclude further reexamination of such
document or record on subsequent occasions. By providing any of its records to the other
Party for examination, the Party providing such records represents and warrants that
such records are accurate and complete. The Parties shall mutually agree upon any
financial adjustment found necessary by any audit. If the Parties are unable to agree on
such adjustment, then the matter shall be resolved pursuant to Article 13. City and
Authority shall include in any contracts entered into by City or Authority, respectively, for
the performance of work on Rearrangements hereunder the above requirements and
require their respective contractors to include the above requirements in any
subcontracts or purchase orders. In the case of such contractors, subcontractors and
suppliers, the records subject to the above requirements shall include, without limitation,
any relevant records as to which a tax privilege might otherwise be asserted.
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ARTICLE 13
Resolution Of Disputes
13.1 Attempt to Resolve
In the event of a claim or dispute arising out of or relating to this Agreement, both
parties shall make good faith efforts to resolve the claim or dispute through negotiation.
Any dispute that cannot be settled through direct negotiation may be resolved through
non-binding arbitration.
13.2 Dispute Notice
In the event of any dispute, claim, or controversy arising out of or relating to this
Agreement, or any Construction involving or otherwise relating to the Construction
Project ("Dispute"), the complaining Party shall provide a notice of the dispute ("Dispute
Notice") to the other Party. The dispute Notice shall describe the facts surrounding the
dispute in sufficient detail to apprise the other Party of the nature of the complaint. The
complaining party may, but will not be required to, aggregate the Dispute with other
disputes into one Dispute Notice; provided, however, except with respect to design and
construction defects which manifest themselves following the conclusion of the Project,
the Dispute Notice must be delivered to the other Party no later than 90 Days after the
conclusion of the construction and acceptance of the work within the City.
13.3 Negotiation; Reference Proceeding
The Parties shall attempt to settle all disputes in good faith. To this effect, the
Parties shall conduct at least one face-to-face meeting in which they shall consult and
negotiate with each other, and, recognizing their mutual interests, attempt to reach a
solution satisfactory to both Parties. Such meeting shall take place within seven (7) Days
following delivery of a Dispute Notice, or within such extended period as agreed by both
Parties in writing. Compliance with the Dispute Notice and negotiation provisions hereof
shall be a condition precedent to the filing of any action involving a dispute.
13.4 Arbitration - No Work Stoppage
13.4.1 Failing a resolution through the good faith efforts described above, in the
absence of good faith efforts to resolve, or in the event the parties are unable to agree upon
the terms of such further agreements as are herein required to be executed by the parties,
either party may serve upon the other a written demand for arbitration. The parties shall,
within ten (10) Days thereafter, or within such extended period as they shall agree to in
writing, attempt to agree upon a mutually satisfactory arbitrator. If they are unable to agree,
each party, prior to the expiration of the ten-day or extended period, shall designate one
person to act as arbitrator. The two designated arbitrators shall promptly select a third
arbitrator ("neutral arbitrator") to form athree-person panel. If either party fails to designate
its arbitrator within ten Days after the date of delivery of the demand for arbitration or the
agreed extended period, or if the two designated arbitrators are unable to select a neutral
arbitrator within five (5) Days after appointment, a neutral arbitrator shall be designated
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City of Santa Monica September 2011
pursuant to Section 1281.6 of the California Code if Civil Procedure who shall hear the
matter as the sole arbitrator.
13.4.2 Section 1283.05 of the California Code of Civil is .specifically made
applicable, but only with respect to those issues not involving work stoppage. A hearing date
shall be set as promptly as possible following selection of the arbitrator(s). The arbitrator(s)
award shall follow promptly the hearing's conclusion, shall be supported by law and
substantial evidence and the issuance of written findings of fact and conclusions of law. The
making of and award failing to comply with the requirements of the immediately preceding
sentence shall be deemed to be in excess of the arbitrator(s)' power and the court shall
vacate the award if after review it determines that the award cannot be corrected without
affecting the merits of the decision upon the controversy submitted.
13.5 Arbitration -Work Stoppage
13.5.1 In no event shall work be stopped in the event of a claim or dispute, except
for reasons of public health or safety or where it is absolutely necessary to first resolve the
dispute in order to be able to continue work. In the event that work is stopped, the provisions
of this Section shall apply. Upon stoppage of work, either party may serve upon the other a
written demand for arbitration. A neutral arbitrator shall be immediately designated pursuant
to Section 1281.6 of the California Code of Civil Procedure.
13.5.2 No neutral arbitrator shall be selected who is unable to hear the dispute
and render a decision within five(5) Days after being selected. Notwithstanding
Sections 1282.2(b) and Section 1282(e) of the California Code of Civil Procedure (regarding
postponement of the hearing), where work is stopped, the neutral arbitrator may not
postpone nor adjourn the hearing except upon the stipulation of all parties to the arbitration.
The arbitration may proceed in the absence of a party who, after due notice, fails to appear.
In addition to all other issues, the neutral arbitrator shall also determine whether it was
absolutely necessary to stop and await dispute resolution in order to continue the work, and
if it was not so necessary the other party shall be entitled to damages arising out of such
work stoppage, which damages shall also be determined by the neutral arbitrator.
13.6 Impartiality of Arbitrator
No person shall act as neutral arbitrator who in any way has any material financial
or personal interest in the results of the arbitration. Failure to disclose any such interest or
relation shall be grounds for vacating the award.
13.7 Scope of Authority
The Arbitrator shall have only the authority to issue anon-binding award to resolve
the dispute of the Parties.
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13.8 Compensation of the Arbitrator
Each party shall pay the expenses and fees of the arbitrator it selects. The
expenses and fees of the neutral arbitrator shall be paid with the provisions of
Section 1284.2 of the California Code of Civil Procedure.
13.9. Other Provisions
Except as is otherwise provided herein, any arbitration under this Article shall be
governed by the California Arbitration Act.
13.10 Implementation
Each Party promptly will take any action required of it in order to implement an
agreed upon Dispute resolution.
13.11 Cooperation
The Parties shall diligently cooperate with each other to ensure an efficient and
expeditious resolution to each Dispute, if possible.
ARTICLE 14
FEDERAL AND OTHER REQUIREMENTS
This Agreement, may be subject to a financial assistance agreement with the U.S.
Department of Transportation, Federal Transit Administration, as to certain Transit
Projects, and as such, is subject to the following terms and conditions as to such Transit
Projects only:
14.1 Audit and Inspection
City agrees to comply with all financial record keeping, reporting and such other
requirements as may be imposed as a condition to or requirement of funding obtained by
Authority from third parties (provided that Authority gives reasonable notice of such
requirements to City). City shall permit the authorized representatives of Authority, the
U.S. Department of Transportation, the Comptroller General of the United States, State of
California, and any other government agency providing funding or oversight on the
Project, to inspect, audit and copy, during normal business hours and upon reasonable
notice, all cost and other relevant records relating to performance by City, its contractors
and subcontractors under any Work Plan or Work Order issued to City for the Project or
Rearrangements of City Facilities related thereto, from the date of this Agreement
through and until expiration of three years after the accepted completion of all
Rearrangements for the Project, or .such later date as is required by the rules and
regulations of any such government agency (provided that Authority gives reasonable
notice of such later date to City). Examination of a document or record on one occasion
shall not preclude further examination of such document or record on subsequent
occasions. By providing any of its records for examination pursuant to this Section; City
represents and warrants that such records are accurate and complete. City shall include
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in any contracts it enters into for the performance of work hereunder the above
requirements and require its contractors (or consultants) to include the above
requirements in any subcontracts or purchase orders. In the case of such contractors,
consultants, subcontractors and suppliers, the records subject to the above requirements
shall include, without limitation, any relevant records as to which a tax privilege might
otherwise be asserted.
14.2 Interest of Members of Congress
No members of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit arising there from.
14.3 Prohibited Interests
No member, officer or employee of Authority, or of a local public body, during his or
her tenure or for one year thereafter shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.. To Authority's and City's knowledge, no board
member, officer or employee of Authority has any interest, whether contractual,
non-contractual, financial or otherwise in this transaction, or in the business of City; and if
any such interest comes to the knowledge of either Party at any time, a full and complete
disclosure of all such information will be made in writing to the other party, even if such
interest would not be considered a conflict under Article 4 of Division 4 (commencing with
Section 1090) or Division 4.5 (commencing with Section 3690) of the Government Code
of the State of California.
14.4 Equal Employment Opportunity
In connection with the performance of this Agreement, the Parties shall not
discriminate against any employee or applicant for employment because of age; race,
religion, color, sex, sexual orientation, national origin or disability. The Parties shall take
affirmative action to ensure that applicants are employed, and that employees are treated
during their employment, without regard to their age, race, religion, color, sex, sexual
orientation, national origin, or disability. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
14.5 Small Business Enterprise
In connection with the performance of this Agreement, City will cooperate with
Authority in meeting all applicable federal regulations with regard to the maximum
utilization of disadvantaged business enterprises, and will use its best efforts to ensure
that small business enterprises shall have the maximum practicable opportunity to
compete for subcontract work under this Agreement.
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14.6 Prior Approval
This Agreement and all amendments thereto are subject to U.S. Department of
Transportation, Federal Transit Administration review and approval.
14.7 Non-Discrimination
Without limiting any other provisions of this Article 14, City agrees to comply, and
to cause all of its contractors who work on projects subject to this MCA to comply, with all
applicable non-discrimination laws, rules and regulations, whether imposed by Federal,
State or local authority.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Approvals; Further Documents and Actions
15.1.1 Any acceptance, approval, consent, permission, satisfaction, agreement,
authorization or any other like action (collectively, "Approval") required or permitted to be
given by any Party hereto pursuant to this Agreement or any Work Plan or Work Order:
(a) Must be in writing to be effective (except if deemed granted
pursuant hereto);
(b) Shall not be unreasonably withheld, conditioned or delayed; and if
Approval is withheld, such withholding shall be in writing and shall state with specificity
the reasons for withholding such Approval, and every effort shall be made to identify with
as much detail as possible what changes are required for Approval; and
(c) Shall be deemed granted if no response is provided to the Party
requesting an Approval within the time period prescribed by this Agreement or the
applicable Work Plan or Work Order commencing upon actual receipt by the Party from
which an Approval is requested or required of a request for Approval from the requesting
Party.
15.1.2 The Parties. agree to execute such further documents, agreements,
instruments and notices, and to take such further actions, as may be reasonably necessary
or appropriate to effectuate the transactions contemplated by this Agreement.
15.2 Notices
15.2.1 Except as otherwise expressly provided in this Agreement, all notices or
communications pursuant to this Agreement shall be in writing and shall be sent or delivered
to the following:
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To the City:
City Manager
City of Santa Monica
City Hall
1685 Main Street, Suite 310
Santa Monica, CA 90401_
310 458-8336:
With copies to:
City Attorney
City of Santa Monica
City Hall
1685 Main Street, Suite 310
Santa Monica, CA 90401
310 458-8336
City of Santa Monica
Director of Public Works
City Hall
1685 Main Street, Suite 310
Santa Monica, CA 90401
310 458-8221
To the Authority:
Chief Executive Officer
EXPOSITION METRO LINE CONSTRUCTION AUTHORITY
One Gateway Plaza
Los Angeles, CA 91012
Attention: Mr. Richard D. Thorpe, CEO
Any notice or demand required shall be given (a) personally, (b) by certified, registered
mail, postage prepaid, or return receipt requested, (c) by confirmed fax, or (d) by reliable
messenger or overnight courier to the address of the respective Parties set forth above.
Any notice served personally shall be deemed delivered upon receipt, served by facsimile
transmission shall be deemed delivered on the date of receipt as shown on the received
facsimile, and served by certified or registered mail or by reliable messenger or overnight
courier shall be deemed delivered on the date of receipt as shown on the addressee's
registry or certification of receipt or on the date receipt is refused as shown on the records
or manifest of the U.S. Postal Service or such courier, or five (5) Days after deposit in the
United States mail. City or Authority may from time to time designate any other addressor
addressee or additional addressees for this purpose by written notice to the other Party.
15.2.2 The Parties may also designate other procedures for the giving of notice
as required or permitted under the terms of this Agreement, but each alternate procedure
shall be described in writing and signed by the Authority Representative and the City
Representative.
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15.3 Assignment; Binding Effect
No Partyshall assign its interest in this Agreement without prior consent of each of
the other Parties. Any assignment purported to be made without the written consent of all
the Parties shall be void and unenforceable. Any permitted assignment shall bind and
inure to the benefit of the respective successors and permitted assigns of the Parties.
15.4 Waiver
The failure of any Party at any time or times to require performance of any
provisions hereof shall in no manner affect the right at a later time to enforce the same. No
waiver by any Party of any condition, or of any breach of any term, covenant,
representation, or warranty contained herein, in any one or more instances, shall be
deemed to be or construed as a further or continuing waiver of any such condition or
breach or waiver of any other condition or of any breach of any other term, covenant,
representation or warranty.
15.5 Amendment; Entire Agreement; Modification
This Agreement may not be amended, modified, superseded or canceled, nor may
any of the terms, covenants, representations, warranties or conditions hereof be waived,
except by a written instrument executed by all three parties.
15.6 Elements of Essence
In accomplishing all work and performing all other acts required under this
Agreement, time, and Public health, safety, and welfare are of the essence.
15.7 Legal Rights
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of California. The rights and remedies of Authority and City for
default in performance under this Agreement, the SPP or any Work Order are in addition
to any other rights or remedies provided by law.
15.8 Bonds/Fees.
Except as specifically agreed to in this Agreement and only as specified in the SPP
prepared for this Project and subject to applicable Law, City waives and relinquishes all of
its requirements , if any, to seek or obtain bonds, fees or other security or payments from
Authority or its contractors in the performance of its obligations under this Agreement.
15.9 Severability
In the event that any portion hereof is determined to be illegal or
such determination shall not affect the validity or enforceability of
provisions hereof, all of which shall remain in full force and effect.
unenforceable,
the remaining
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Cily of Santa Monica September 2011
15.10 Gender and Tense
As used in this Agreement, the masculine, feminine and neuter genders, and the
singular and plural numbers shall each be deemed to include the other or others
whenever the context so indicates.
15.11 Headings
The headings, which appear at the commencement of each article and section, are
descriptive only and for convenience in reference to this Agreement. Should there be any
conflict between any heading and the article or section itself, the article or section itself
and not the heading shall control as to construction.
15.12 Incorporation of Exhibits
Every exhibit to which reference is made in this Agreement is hereby incorporated
in this Agreement by this reference.
15.13 Counterpart Originals
This Agreement may be executed in any number of counterparts, each of which
bearing the required wet signatures shall be deemed to be the original, and all of which
together shall constitute one and the same instrument.
15.14 Force Majeure
Neither Party shall be held liable for any loss or damage due to delay or failure in
performance of any part of this Agreement from any cause beyond its control and without
its fault or negligence; such causes may include acts of God, acts of civil or military
authority, government regulations (except those promulgated by the Party seeking the
benefit of this section), embargoes, epidemics, war, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts,
volcanic action, other major environmental disturbances or unusually severe weather
conditions; provided, however, that lack of funds or funding shall not be considered to be
a cause beyond a Party's control and without its fault or negligence. The foregoing events
do not constitute force majeure events where they are reasonably foreseeable
consequences of Construction. If any of the foregoing events occur, City agrees, if
requested by Authority, and if deemed possible and feasible by the City, to accelerate its
efforts hereunder if reasonably feasible in order to regain lost time, so long as Authority
agrees to reimburse City for the incremental actual costs of such efforts.
15.15 Construction
The language in all parts of this Agreement shall be in all cases construed simply
according to its fair meaning and not strictly for or against any of the Parties.
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15.16 Benefit
No provisions of this Agreement shall create any third-party beneficiary hereunder,
or authorize anyone not a party hereto to maintain a suit for personal injury or property
damage pursuant to the terms or provisions hereof, except to the extent that specific
provisions (such as the indemnity provisions) identify third parties and state that they are
entitled to benefits hereunder.
15.17 Survival
The representations, warranties, indemnities and waivers set forth in this
Agreement shall survive the termination, for any reason whatsoever, of this Agreement.
15.18 Maintenance of Records
City agrees to keep and maintain (and to require all contractors and
subcontractors connected with performance of this Agreement to keep and maintain)
records showing actual time devoted and all Costs incurred in the performance of all work
subject to a Work Plan or Work Order under this Agreement until three (3) years after the
accepted completion of all Rearrangements for the Project, or until such later date as is
required under other provisions of this Agreement; provided, however, that if any actions
brought under the dispute resolution provisions of this Agreement have not been finally
resolved by the foregoing deadline, then any records which pertain to any such actions
shall be maintained until such actions have been finally resolved.
15.19 Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to, and
supersedes all prior written and oral agreements, understandings and negotiations with
respect to the terms of this Agreement. Any and all prior agreements, understandings or
representations relating to the transactions referred to in this Agreement are hereby
terminated and canceled in their entirety and are of no further force and effect.
15.20 Funding Sources
The Parties mutually agree to assist each other in identifying and securing founds
for the Project. The City and the Authority shall work jointly to optimize funding
alternatives for the Project.
15.21 Community Commitments
The Parties agree that commitments made to the community shall be incorporated
into the Project subject to the availability of funding. The cost of any Betterment that is
incorporated into the Project as a result of commitments made to the community by the
Authority shall be the sole financial responsibility of the Authority.
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City of Santa Monica September 2011
15.22 Authority of Parties
Each of the parties hereby represents and warrants that it has full legal authority
and is duly empowered to enter into this Agreement, and has taken all actions necessary
to authorize the execution and delivery of this Agreement.
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City of Santa Monica September 2011
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be
executed as of the date first set forth above.
CITY OF SANTA MONICA
EXPOSITION METRO LINE
CONSTRUCTION AUTHORITY
By:
Rod Gould, City Manager
By:
Richard D. Thorpe,
Chief Executive Officer
By:
General Counsel
APPROVED AS TO FORM:
Marsha Jones Moutrie, City Attorney
By:
ATTEST.
Maria Stewart, City Clerk
By:
Date:
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City of Santa Monica September 2011
IBIT A
Exhibit A -Page 1
EXHIBIT B
Special Permitting Process (SPP) Responsibility Table for the City
The following City staff or their designees are to act as the City's Representatives and will be responsible
coordinating among the applicable City departments and divisions as necessary for to make the designated
decision or approval
Title of City Authority designated for a given decision or approval.
Representatives
Director of Public Approval of all work outside of hours allowed in the City Municipal Code
Works including night, weekend, early hours and holiday construction work
activity.
City Engineer Approve all final construction plans and related documents as required
by this Agreement.
City Construction Provide Construction Support and Services as discussed in section 5
Coordinator of the MCA.
To manage and coordinate interaction of City with the Authority as it
relates to construction support.
City Permit To oversee and coordinate all plan reviews as discussed in section 3 of
Coordinator .the MCA.
Provide or coordinate planning, engineering, technical, analytical and
administrative support services with respect to fire/life safety, police
security, transportation engineering, civil and structural engineering,
illuminating engineering, park engineering, storm drain and sanitation
engineering, public works inspection and in other areas indicated in the
MCA.
To manage and coordinate interaction of City with the Authority as it
relates to design review and comment resolution.
City Traffic Engineer Approve all worksite traffic control plans and any final design
documents pertaining to traffic signals or striping.
Exhibit B -Page ~
Special Permitting Process (SPP) Notification Matrix for the Authority and City
ITEM OFFICE TO NOTIFYICONTACT REQUIRE
NOTICE
F
DEPARTMENT OF PUBLIC WORKS
CIVIL ENGINEERING DIVISION
.310 458:8721
Construction Related
Non-Emergency Notification during
Normal Working Hours:
1. On-going and final inspection of all
relocations and rearrangements, street
traffic lane closures or any other work in
the public right-of- way
2. On-going inspection of items fabricated
offsite, inspection of concrete or AC at
batch plants and street light circuit
clearance (daily).
3. Traffic lane closures, full street closures,
overload routes and potential overload
permit applications by others Refer to:
4. Full street closures and TMP implementation. Cit
y
5. Permits for afterhours work: anytime on
Construction 310 458 8736 Construction
Sundays, Weeknights between 6 PM and 8
Manager 310 420 7820
nazarchuk@
alex Mitigation and
AM, and Saturdays or National Holidays .
smgov.net Im lementatio
P
between 5 PM and 9AM. n
6. Work on existing street lighting circuit (series Requirements
or multiple). Public
Works 310 420 6829 for the Expo
7. Street lighting construction conflicts or 310 350 9728 Light Rail
changes to street design plans. Inspector Project, April
8. Testing and equipment (shop drawings) 5, 2011
evaluation and approval. Damage to street
lighting equipment or street lighting outages
9. Inspection of sanitary sewer by-passes prior
to operation.
10.Incidents requiring unscheduled closure of
sidewalks, traffic lane or street.
11. Temporary Traffic lane closure or
sidewalk closures. Temporary no
stopping and no parking restrictions
NEEDED.
12. City Fiber Optic Cable interruptions.
13. Work Authorizations.
EMERGENCY: see exhibit B-1
Exhibit B -Page 2
ITEM OFFICE TO NOTIFY/CONTACT REQUIRE
NOTICE
F
DEPARTMENT OF PUBLIC WORKS
CIVIL ENGINEERING DIVISION
310 458'8721
Construction Related
Non-Emergency Notification during
Normal Working Hours:
1. Work on signal-controlled intersection
2. Traffic signal shutdown
3. Traffic signal and interconnect damage
4. Video detection/loop detector damage
5. Parking meter damage
6. Parking meter head removal and
replacement
7. Traffic sign removal, relocation and
replacement 310 458 8963
Refer to:
8. Changes relating to temporary or 310 570 7380
permanent striping
Transportati Jay.Dinkins@smgvo.net
Construction
9. Final traffic striping, signing and on Engineer Mitigation and
pavement marking 310 458 8955 Implementatio
10. Street Closures: Transportation 619 917 7478 n
Management Plan/Traffic Control Sam.Morrissey@smgov.ne Requirements
Plan/Construction Detour Plan City t for the Expo
Traffic Light Rail
11.Temporary Traffic lane closure (no Engineer Project, April
striping changes) or sidewalk closures. 5 2011
12. Return of salvage traffic signal equipment
13. Placement of temporary "No Parking" signs
14. Information copies of new or revised haul
route application, deck plans, temporary
street lighting plans
15. Parking enforcement and intersectional
control
16.Incidents requiring unscheduled closure
of sidewalks, traffic lane or street.
EMERGENCY: see exhibit B-1
Exhibit B -Page 3
ITEM OFFICE TO NOTIFY/CONTACT REQUIRE
NOTICE
(F)
DEPARTMENT OF PUBLIC:WORKS'
CIVIL ENGINEERING DIVISION
310 458 $721
Design Review Related
Notifications
1. Street Tree Permits permit Coordinator 310 458 8721
2. Temporary street lighting permit Specialist Antonio.Shaibani@smgov.net
System/plan ~ Danita.Smith@smgov.ent
3. Permits, right-of-way, etc.
DEPARTMENT OF PUBLIC WORKS
WATER RESOURCES DIVISION 1
310 458 8224
Immediate
EMERGENCY: after hours Refer to:
1. Damage and/or loss of service - Construction
Water, Recycled Water, City Dispatch 310 826 6721 Mitigation and
Storm Drain and/or Sewer Implementatio
n
EMERGENCY: working hours Water/ Waste Water 310 458 8531 Requirements
Ast. Manager for the Expo
2. Emergency Response to storm Light Rail
drain damage and sewer spills. Water Superintend. 310 629 9678 Project, April
SD -Sewer Supper 310 863 0375 5, 2011
Exhibit B -Page 4
ITEM OFFICE TO NOTIFY/CONTACT REQUIRE NOTICE
(DAYS
SANTA. MONICA FIRE DEPARTMENT (SMFD)
Refer to:
Construction
EMERGENCY: after and normal
Mitigation and
hours Communication 310 458 8660 Implementation .
Full street closures, traffic lane closures, Center Requirements
and TMP implementation for the Expo tight
Rail Project, April
5, 2011
SANTA MONICA POLICE DEPARTMENT (SMPD)
EMERGENCY: after hours Watch Commander Refer to:
310 458 8427
Full street closures, traffic lane closures, Construction
and TMP implementation Mitigation and
Implementation
NON EMERGENCY Police Front Desk 310 458 8491 Requirements
for the Expo Light
Rail Project, April
Traffic Services 310 458 2226 5, 2011
Parking Enforcement Supervisor
Refer to Exhibit B-1 for City's Emergency Contact List.
Refer to Exhibit B-2 for City's TRAFFIC CONTROL and/or CHANGES Notification List
Exhibit B -Page 5
EXHIBIT B -1
City's Emergency Contact List for Daytime and Afterhours
T;. „m-,~r., : _, ~Rp,2`C»»sl!Urtitcit ~C{'{~$~(y(~g~ENCY'A
Item PTER~HOUBS'AND WEEKC:N
Agency D Oq»iAut`4ilsk -..;=:~
Phone Number
Emergency & First Responders SMDP and SMFD 911
Underground Service Alert Digalert - 811 H 800 277 2600
City Facilities/Services -AFTER HOURS and Weekend PHONE No. DISPATCH at Arcadia WTP 310 826 6721
Utility Locator for the City of Santa Monica Glenn Claypool 310 458 2201 ex 5707
Police Watch Commander SMPD 3104568427
"Expo2 Construction'CITV's EME RGENCY DAYTIME'COntact List
Role Name Mobile Phone Office Phone
Construction Coordination
City Construction Manager ~ Alex Nazarchuk 310 420 7820 310 458 8736
City Substitute Construction Manager (if Alex on vacation) Bill Zein 310 678 5873 310 458 8726
City's Permit Coordinator (design only)
~ Antonio Shaibani 310 458 8721
Transportation Engineer Jay Dinkins 310 570 7380 310 458 8963
City Project Support Assistant /Permit Coordinator Danita Smith 310 458 2201 ex5671
__
Fleid Inspections
__ City's Sc_Public Works Inspecior-.-...-.-._...-._..-_._._._._..-._._....-.-_.......
City's Utility Inspector (Chuck's back up and for potholing work) Chuck Meng-___--_ ...............
James Crompton 310 420 6829...-.
310 350 9738 -.._-..-...-..._..
City Owned Utilities
Utility Location Glenn Claypool 310 863 5918 310 458 2201 ex 5707
Water, Sewer and SD - Ast. Manager Gary Welling 310 458 8531
Water -Water Supper Jaime Gomez 310 629 9678
Sewer / SD Sewer Supper - Danny Gomez 310 863 0375
Trafic Signal - SupperHSOr Mike Morgan 310.710.0372 ~ 310 458 8520
Lead Traffic Signal Technician Ken Ward 310.710.0402
Trafic Signal Technician Dase Cook 310.710.3337
Tm%c Signal Technician Ed Escarcega 310.570.3078
Traffic Signage Sam Morrissey 619.917.7478 310 458 8955
Street Lighting Manuel Pina 310 458 8529
Fiber Lines -ISD Dan Suzewitz 310 864 6874 310 458 2201 ex 5211
Fiber Lines -ISD (back up) Juho Choi 310 458 2201 ez 5303
Trash Collection and Enclosures Kim Braun 310 458 2223
Trees and Roots Walt Warriner 310 925 9963
Public Landscape Darrell Baker 310 458 8974
Newspaper Racks Erika eustamanie 310 458 8737
Big Blue Bus Ernie Crespo 310 458 5840
Non Emergency Police and Fire
Police Frant Desk
SMPD
310458 8491
Police Watch Commander SMPD 310456 8427
Fire Prevention ~ Nancy Johnson 310 458 8669
Parking Enforcement Margarita Verduzco 310 458 2226
PR and NewspaperlTV related City requests
Assistant to Cily Manager for Community and Go+.emmeni Relations Kate Vemez 310 458 2201 ext 5051
Exhibit C -Page 1
EXHIBIT B -2
TRAFFIC CONTROL and/or CHANGES
CITY NOTIFICATION LIST
Public Work -Expo Team
Alex Nazarchuk (AIex.Nazarchuk(a)SMGOV.NET);
Antonio Shaibani (Antonio.Shaibani@SMGOV.NET)
Public Work -Construction Managers of.other City Projects
Bill Zein (BiII.Zein@SMGOV.NET)
Greg deVinck (Greg.deVinck@SMGOV.NET);
Christopher Lamm <Christopher.Lamm@SMGOV.NET>;
Hany Demitri <Hany.Demitri@SMGOV.NET>;
Carlos Rosales (Carlos.Rosales@SMGOV.NET)
Big Blue Bus (BBB)
Dan Dawson <Dan.Dawson@SMGOV.NET> Transit Customer Relations
Joe Stitcher <Joe.Stitcher@SMGOV.NET> -Transit Operations Director
Santa Monica Police Department (SMPD)
Doug Theus <Doug.Theus@SMGOV.NET>; -Lieutenant Operations
Calisse Lindsey <Calisse.Lindsey@SMGOV.NEI'> - Lieutenant/Traffic Services
Division
Watch Commander (P) 310 458 8427 (F) 310 576-0641
Santa Monica Fire Department (SMPD)
Bruce Davis <Bruce.Davis@SMGOV.NET>
Resource Recovery and Recycling (RRR) -trash collection, street sweeping
Kim Braun (Kim.Braun@SMGOV.NET);
Wes Thompson <Wes.Thompson@SMGOV.NET>
Transportation Engineering
Sam Morrissey (Sam.MorrissevCo~Smgov.net)
Jay Dinkins (Jay.DinkinsCc~smgov.net) Beth Rolandson
(Beth.RolandsonCn~smgov.net) -bike path impacts
Public Works -Civil Engineering KBUG (know before you go - webpage traffic
update)
Angela VonSlomski <Angela.VonSlomski ansm oq vnet
Exhibit C -Page 1
EXHIBIT C
ENGINEERING PROCESS FOR DESIGN/BUILD PROJECTS
1. Final Design and Construction Phase -Commences with Notice to Proceed (NTP)
or Limited NTP to the Design/Build or Design/Bid/Build contractor: The
Design/Build or Design/Bid/Build contractor may submit designs to the City and
Authority simultaneously to ensure timely reviews. The Design effort is advanced
to the Initial Final Design and Pre-Final Design through as many as two submittals
and reviews and reaches a level reflecting approximately 85°/u completion with the
drawings and specifications essentially complete. The plans show all the details
necessary for construction and have been coordinated among the various
disciplines prior to submittal.
This phase will produce all City and Transit facility as well as Transit related
system drawings and specifications required for City review and approval,
including permit applications. Final documentation of all design calculations, Title
24 calculations, complete specifications; geotechnical Design Summary Report,
Environmental Design Summary Report, verification of existing facilities/utilities
through site surveys, maps, dig alert, possible potholing, photo log and
documentation of existing conditions, work site traffic control plans, temporary
street closures and haul route permits.
Following the review of the 85% .submittals .and receipt of comments, the
Design/Build or Design/Bid/Build contractor will revise the drawings to reflect the
necessary corrections to comply with standards, permits, and other requirements
of the contract and conduct comment resolution meeting(s) with the Design/ Build
or Design/Bid/Build contractor, Authority and the City for each submittal. The
comment review period for the City is 30 Days and all City comments will be sent
directly to the Design/Build or Design/Bid/Build contractor with a copy to Authority.
Authority will ensure comments have been resolved on each submittal and before
design advances to next level. The Design/Build or Design/Bid/Build contractor will
then revises and advance the design to complete 100°/o Final Design plans and
submit for final approval. The approved contract documents will be stamped "For
Construction" and will be furnished to the City and Authority.
2. Partial Design Submittal -This is a submittal of a portion of the project scope that,
upon approval, will allow that portion of construction to begin prior to completion of
the final design of the project scope. The Advanced Partial Design Submittal shall
consist of detailed Design Drawings and Project Specifications together with
supporting reports, notes, conversation/ meeting records, and calculations to
support the scope of work planned and verification of integration with overall
project, to be released for construction. This may include information indicating
that existing field, conditions have been properly identified and are being
addressed, that coordination has occurred within the design disciplines, Authority
and appropriate Third Parties have been achieved so as to eliminate or minimize
any possible inconsistency with the final design of the overall scope of work
Exhibit C -Page t
planned for construction. The advanced Partial Design Submittal is based upon
completion of Pre-Final Design and shall incorporate all comments made during
this phase of design.
Acceptance of the scope designated in an Advanced Partial Design submittal shall
not constitute approval of the Final Design scope. City recognizes that certain
portions of Authority projects may involve Partial Design Submittals to facilitate
Construction of Components of Authority Facilities prior to final Design approval of
the entire Facility. City agrees to review and to approve (subject to the timing and
other requirements of this MCA) all such Advanced Partial Design Submittals in
order to facilitate early Construction of such Facility components. Advanced Partial
Design and subsequent Final Design of an entire Facility shall conform to
applicable City Standards and design requirements. Not withstanding, no
construction of City facilities shall commence until the City approves the design
submittal for any portion or segment, including Advanced Partial Designs.
Construction without prior approval or not conforming to City standards shall be at
the risk of removal and replacement by Authority. and/or its contractor. The
Advanced Partial Designs, which are approved by the City to proceed to
Construction, shall be carried forward to an approved Final Design by the
Design/Build Contractor within 90 Days of starting construction, unless an
alternative schedule is agreed upon by the City and Authority.
Exhibit C -Page 2
EXHIBIT D
INVOICE FORM
(to be created at a later date)
Exhibit D -Page 1
Construction Mitigation and Implementation Requirements
for the Expo Light Rail Project
Exhibit E
September zou
Table of Contents
I. Introduction .............................................................:..
II. Construction Phasing Requirements .........................
III. Traffic Control Requirements ....................................
N. Project Specific Requirements ...................................
V. Traffic Technical Provisions .......................................
VI. Santa Monica Municipal Code, Chapter 4.1z.i1o ......
VII. After Hours Permit Requirements .............................
............................................. 4
............................................. 8
........................................... 1'J
.......................................... 38
...............................:.......... 39
I. Introduction
The purpose of this document is to provide a general guideline as to the City of Santa Monica's
requirements for the construction implementation of the Expo Light Rail project phase II. It includes
general and specific construction phasing, traffic control, project specific requirements, traffic technical
provision, construction hours and noise control ordinance (Santa Monica Municipal Code, Chapter
4.i21io), and After Hours Permit Requirements. PCD TMD is used as an acronym throughout this
document and shall refer to the City's Transportation Engineering Section of the Planning and
Community Development Department.
II. Construction Phasing Requirements
General All Phases
1. Temporary traffic control plans shall be submitted and approved by the City's Transportation
Management Division
2. Traffic detours are required whenever a street closure is implemented and shall be approved by the
City's Transportation Management Division.
3. In coordination with the City, the Design Builder shall be required to schedule and attend
community meetings prior to implementation of every major phase of construction, to explain and
provide information about upcoming work, possible impacts and planed mitigation measures.
Expo and the Design Builder (DB) are to have a meeting prior to start of all work in a new work
area. DB is to gather email addresses and send out updates when phases of work change. A
webpage is to be maintained similar to Expo Phase 1 which would, have upcoming construction
notice updates. Major work is hereby defined as all construction work except for potholing and
geotechnical investigations. Expo/DB is to propose a community meeting schedule.
4. One lane in each direction shall be provided at all times
5. Access to residents and businesses shall be provided at all times
6. Street Closure, if required shall be between 8:00 PM and 6 AM, unless otherwise shown in table 1
or permitted by the City.
7. Design Builder is expected to coordinate their street closures and traffic controls with other
.construction activities within the vicinity of this project.
8. No street closures outside the construction zones will be allowed between November 15, and
Jariuary 2. This is to be applicable only to work west of Lincoln and in the proximity of freeway
off-ramps and on-ramps.
9. 'besign builder shall notify, in addition to any other requirements, Police, Fire, MTA, and the
Santa Monica Big Blue Bus of any upcoming street closure 72 hours in advance.
10. Afterhours permit will be required for all work outside the City's normal working hours. No one
blanket permit will be issued to Expo/DB. City's normal working hours apply. A meeting is to be
held to discuss after hours permit process. City may form asub-committee for future resolutions
of after hour permits, to be reviewed on a case-by-case basis.
11. Changeable Message Boards shall be installed at least two weeks prior to start of work or closure
of any street or intersection, indicating the date(s) and duration of closure.
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12. Design builder shall submit a phasing plan with timelines of all work within the City of Santa
Monica in compliance with the City phasing requirements. The phasing plan shall include work
within the Public right-of--way, Expo right-of--way or property and shall identify expected impacts
(impacts to residents, businesses and traffic) and possible mitigations. Proposed traffic mitigations
identified prior to start of construction shall be included in the Traffic Management Plan as
approved by Transportation Management.
13. Staging onadjacent street will not be allowed.
Colorado Boulevard (Ocean Avenue to 17th Street)
Phase 1 -Utilities
1. One travel lane shall be maintained in each direction at all times except those times where full
closure is authorized according to Table 1 (shown later in this document).
2. If multiple construction crews are working on the street they shall be separated by at least four
blocks. City will require review and approval of work areas. This comment is applicable to all
work outside of k-rails and for temporary closures. Expo/DB is to comply with FEIR. This
comment maybe superseded by DB's staging proposal to accommodate multiple crews with in a
work area.
3. Work should not be scheduled on consecutive intersections
4. Work at intersections shall be done in phases in order to allow one lane of traffic in each direction
on cross streets.
5. If any of the intersections has to be closed to cross traffic the closure shall be between the hours of
8:00 PM and 6:OOAM on weekdays and between the hours of 9:00 PM and 11:00 AM Saturday
and Sunday.
6. Utility installation per location shall be limited to two blocks at a time. DB is to submit a work
plan to the City for proposed sub-phasing. Plated areas, which are open to traffic, of a given street
may not be considered as a work area by the City.
7. Utility trenches that are not backfilled and base paved shall be covered with steel plates at the end
of each work day.
Phase II -Area between Curb and Right of Way
1. Construction work between new street curb and property line shall be completed prior to
installation of traffic control for the construction of the mountable curb and light rail
infrastructure.
2. Any work that requires lane closure shall be completed prior to phase III work
3. Phase two work or parts of may be started with phase I work provided one lane in each direction
and access to adjacent business and/or residents were maintained at all times.
Phase III -Light Rail Work with the Light Rail Right of Way
1. One lane in each direction shall be maintained at all times except those times where full closure is
authorized according to Table 1 (shown later in this document).
2. K-rails may be installed for the whole length of the project.
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3. Work at intersections shall be done in phases in order to allow one lane of traffic in each direction
on cross streets.
4. If any of the intersections has to be closed to cross traffic the closure shall be between the hours of
8:00 PM and 6:OOAM on weekdays and between the hours of 9:00 PM and 11:00 AM Saturday
and Sunday.
5. Work should not be scheduled on consecutive intersections
6. If needed, temporary Lane closure of one block on Colorado may be allowed between the hours of
8:00 PM and 6:OOAM on weekdays and between the hours of 9:00 PM and 11:00 AM Saturday
and Sunday. DB is to submit a work plan to the City for proposed sub-phasing. Plated areas of a
given street may not be considered as a work area by the City.
7. Access to businesses shall be maintained at all times.
8. Alternate parking shall be provided prior to beginning of this phase of work. Please refer to the
FEIR, this was intended to address replacement parking. The City requested, in 3/14/1 lweekly
issue resolution meeting, for the replacement parking to be ready prior to each phase of work,
which impacts loss of parking.
Phase IV -Finish Paving
1. This phase of work shall be completed after hours (8:00 PM and 6:00 AM) on weekdays and
between the hours of 9:00 PM and 11:00 AM Saturday and Sunday.
2. Any damaged improvements shall be repaired prior to final paving.
3. This work shall not commence until all permanent improvement are in place.
Phase V -Street Over-Crossing
1. Minimum two lanes in each direction and a left turn lane shall be maintained at all times except
those times where full closure is authorized according to Table 1 (shown later in this document).
2. False work for bridge structure construction shall be installed at night during the week between
8:00 PM. and 6:00 AM on weekdays and between the hours of 9:00 PM and 11:00 AM Saturday
and Sunday. The street may be partially or completely closed during the false work installation
according to Table 1 (shown later in this document).
3. A traffic detour and signage plans shall be submitted and approved by the City's Transportation
Management Division prior to start of false work of this phase.
~~~
III. Traffic Control Requirements
3.4 TRAFFIC CONTROL REQUIREMENTS
1. The Contractor shall submit to the Transportation Management Division for approval, a temporary
traffic control plan (TTCP) for all work occurring within the public right-of--way. All TTCPs shall
be approved by the Transportation Management Division prior to the Design Builder beginning
the field work. All work shall follow the City, State, and other requirements contained in these
construction implementation and mitigations documents.
2. Temporary Traffic Control Plans submitted for review shall be accompanied by a completed
Application for Review of Temporary Traffic Control Plans.
3. Each sheet of a Temporary Traffic Control Plan shall include the full name, address and telephone
number of the individual or organization that prepared the Plan.
4. Temporary Traffic Control Plans shall be drawn to scale utilizing one of the scales found on the
common civil engineer's scale. No lettering shall be smaller than ten points, trade size.
5. Temporary Traffic Control Plans shall be submitted on 24" x 36" paper. Image areas shall not
exceed 22" x 34".
6. Temporary Traffic Control Plans shall be prepared based on the current edition of the California
Manual on Uniform Traffic Control Devices.
7. Temporary Traffic Control Plans shall reflect actual field conditions in the City of Santa Monica,
recognizing the spacing between cross streets and block lengths.
8. The current version of the City's Temporary Traffic Control Plan General Notes shall appear as
part of any plan submittal. Said General Notes need appear on only one sheet of multi-sheet plan
sets, so long as they are referenced on each sheet of the drawing set.
9. In the event that plans call for several construction phases, each such phase shall be-.drawn
independent of the other phases. When substructures are to be constructed in several phases, the
phases shall show overlaps so that the construction may actually proceed safely.
10. Work areas shown on Temporary Traffic Control Plans shall include space for all equipment,
materials and vehicles involved in the work.
11. Nothing above is intended to preclude the application of sound professional traffic engineering
judgment. ,
12.-The City of Santa Monica strictly enforces the California Vehicle Code Sections 22650-22711,
relating to the towing of vehicles for street repairs.
13. The contractor shall only post "no parking signs" for the days and times when work is going to be
performed on the posted street. If the contractor posts a street for "no parking", and no work is
going to take place on that day for any reason, the "no parking" signs shall be removed within one
hour or as soon as it is evident that work will not take place as scheduled and determined by the
Construction Manager. Once work is complete, the no parking signs shall be removed within one
hour. DB may cover static signs when not in use and pick up signs on stands at the end of the
shift.
m
Temporary Traffic Control Plan General Notes
A. The contractor shall install and maintain the traffic control devices as shown herein, as well as any
additional traffic control devices as may be required to ensure the safe movement of traffic and pedestrians
through or around the work area and to provide maximum protection and safety of construction workers.
B. All delineators shall be equipped with reflective bands. Delineators to the right of traffic shall have
white bands. Delineators to the left of traffic shall have yellow bands. Delineators not affixed to the
pavement shall have double bases.
C. The contractor shall notify the City of Santa Monica's Transportation Planning Manager at (310) 458-
8291, or her designated representative, at least five working days in advance of implementing any
temporary traffic control plan or detour.
D. All signs, stripes, delineators, barricades, and other traffic control devices and their installation shall
conform to the latest editions of the following documents: the State of California Standard Specifications
and the California Manual on Uniform Traffic Control Devices. In the event of conflict between these
documents, the most stringent requirement shall apply.
E. The Transportation Planning Manager or her designated representative, each, reserves the right to
observe these traffic control plans in use and to make any necessary changes as field conditions warrant.
Any such changes shall supersede these plans.
F. Contractor shall notify MTA at (213) 922-6111 and the Big Blue Bus of (310) 451-5444 and any other
affected transit services at least five working days prior to starting construction on any roadway where bus
service is provided.
G. All traffic control devices shall be kept in their proper position at all times, and shall be repaired,
replaced, or cleaned as necessary to preserve their maximum visibility and effectiveness.
H. Flaggers shall be provided as necessary to properly direct and control traffic. Such flaggers shall at all
times have in their possession documentation of training as required by Section 1599 of Construction
Safety Orders as issued by the California Department of Industrial Relations, Division of Industrial Safety.
Any flogger found without such documentation shall be immediately removed from the job site. The C28
(CA) STOP/SLOW paddle shall be visible to motorists only when in the hand of a properly trained flogger.
I. All temporary traffic control devices shall be removed following completion of each construction stage
and the permanent traffic control devices shall be restored by the contractor upon completion of the stage.
J. Contractor shall cover all existing speed limit signs and replace with Cl7(CA) (25 MPH Road Work
Speed Limit Sign) during construction hours. Contractor may also remove existing signage and replace
with construction signage during construction phase. Expo/DB to submit traffic controls plans with
proposed changes For City TMD to review and approve.
K. Contractor shall replace or repair all damaged striping with temporary striping or raised pavement
markers at end of each working day.
L. Contractor shall cover or remove all conflicting signs.
M. Contractor shall instal] C41(CA) (uneven lanes) signs and shall ramp longitudinal vertical pavement
offsets of I/2" or greater. Pavement disruptions of I in. or greater shall have beveled edge of Four (4)
horizontal to one (1) vertical.
N. Local and emergency access shall be maintained at all times.
O. Contractor shall install C40A(CA) (TRAFFIC FINES DOUBLED IN CONSTRUCTION AREA) one
for each direction, at the beginning of each work zone, as required.
P. No signs, other than those called for on these plans, shall be placed in the public right-of--way without
prior written approval of the Transportation Planning Manager or her designated representative.
Q. Conflicting striping and pavement markings shall be removed by grinding or by SQAMD-approved wet
sandblasting, only. Painting or taping over conflicting striping or markings is not acceptable.
R. No vehicles, equipment or materials shall be staged, stored or parked outside the designated work zone
unless prior written authorization is received from the Transportation Planning Manager or her designated
representative.
S. All private driveways and side streets shall be kept open at all times except when construction takes
place directly in front of the driveway or side street. All open excavations on public streets shall be back-
filled or steel-plated (anti-skid plates) for tragic outside the working hours. Traffic shall be restored to
normal conditions during non-working hours.
T. Five foot clearance shall be maintained between any open excavation and any adjacent moving traffic
lane. Open trenches with less than five fee of clearance shall be protected with K-rail barriers and
temporary crash cushions per Caltrans Standards. Two-foot clearance, where feasible, shall be maintained
between any vertical obstruction, including K-rail, and any adjacent moving traffic lane.
U. Contractor shall install additional "LANE CLOSED" C30(CA) signs on Type' II barricades at 150-foot
intervals throughout extended work areas in each lane that is closed.
V. Contractor shall install "OPEN TRENCH" C27(CA) signs whenever an open excavation area exists
adjacent to the traveled way.
W. Contractor shall comply with the requirements of the Americans with Disabilities Act as related to
pedestrian access and shall maintain pedestrian access at all times per ADA requirements.
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X. Contractor shall install "STEEL PLATES AHEAD" or "ROUGH ROAD" W8-8 signs in advance of
steel plate bridging.
Y. Traffic signals shall remain in operation at all times. Signal operation during each construction phase
shall be coordinated with and approved by the Transportation Planning Manager or her designated
representative.
Z. Equipment which produced any noise exceeding 90dBa may be used only between the hours of LOAM
and 3PM.
AA. The term "designated representative" as used .above shall refer to a representative designated IN
WRITING by the Transportation Planning Manager.
BB. If TEMPORARY NO PARKING signs are used, they shall be posted in accordance with City
requirements. Only signs issued by the City of Santa Monica may be used. Such signs shall show days and
hom~s appropriate to the needs of the job. 24-hour NO PARKING restrictions shall not be used unless there
is a demonstrated need. Signs not in compliance with this section may be removed by the City.
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IV. Project Specific Requirements
The following restrictions are intended to help maintain the functionality of citywide businesses and other
during the construction of the Metro Light Rail Construction Project.
Information and Services Provided by The City
a. Except as otherwise described herein or negotiated in the Master Cooperative Agreement
(MCA), the Design Builder shall obtain and pay for any permits, easements and City
approvals for the use or occupancy of any existing improvement required in connection
with the Work.
2. Access to Project Site
a. The City will make available, no later than the date designated in the proposed Design
Builder's Schedule, the lands and facilities upon which the Work is to be performed,
including such access and other lands and facilities designated in the MCA; for use by
LACMTA.
b. The City shall at all times have access to the Work wherever it is in preparation or
progress. The Design Builder shall provide safe and proper facilities for such access and
for inspection.
c. The City may, at any time, and from time to time during the performance of the Work,
enter the Project for the purpose of installing any necessary other work by the City labor or
other contracts or for any other purpose. City's intent is to enter only. for emergency
repairs/work. The Design Builder shall cooperate with the City and not interfere with other
work being done by or on behalf of the City.
3. Responsibilitv for the Work
a. During the installation of Work, the Design Builder shall insure that existing facilities,
fences, and other structures are all adequately protected. Upon Final Completion of all
Work, all facilities that may have been damaged shall be restored to a condition acceptable
to the City.
4. Schedules required of the Design Builder
a. The Design Builder shall submit a Construction Schedule to the City prior to
commencement of the work.
b. Furnish the City with a list of milestones, including, but not limited to, the Notice to
Proceed, Phases of Work, Substantial Completion of each phase, and final completion.
c. Updated Construction Schedules shall be submitted in the form and frequency agreed to
between the City and LAMTA.
d. The Design Builder shall cooperate with and coordinate its schedule with work of the City,
private contractor, and the City's separate contractors as applicable.
5. Documents and Samples at Pro; eci t Site
a. At all times during the course of the Project, the documents referred to in this section shall
be available to the City. Upon Final Completion or termination of the Contract, these shall
be, delivered to the City. .
b. The Design Builder shall maintain one (1) set of Record Documents at the Site, which
shall be kept up to date on a daily basis at all times during the performance of the Work.
All performed changes, deletions or additions in the Work from that shown in the approved
plans shall be recorded accurately and completely in the Record Documents. Upon Final
Completion, each sheet of the Record Documents shall be signed and attested to by a
representative of the Design Builder as being complete and accurate.
c. Expo in concert with the Design Builder and the Construction Manager, shall review the
Design Builder's Record Documents for conformance with all current Changes prior to
presenting to the City
d. If the Record Documents are prepared on a computer, then the revised computer files shall
also be provided to the City in the file format specified by the City.
6. Permits and Licenses
a. The Design Builder and all Subcontractorsshall purchase or hold current and valid City of
Santa Monica Business Licenses
7. Special Requirements
a. When the Design Builder believes it has achieved either Substantial or Final Completion of
the Work, the Design Builder shall notify the City's Construction Manager, in writing, and
request a Substantial or Final Completion inspection of the Work. The City will make
such inspection as soon thereafter as possible.
b. The Design Builder shall, during performance of the Work, keep the Site and surrounding
area free from the accumulation of excess dirt, dust, waste materials, water and rubbish
caused by the Design Builder or any Subcontractors. The Design Builder shall
continuously remove all excess dirt, waste material; water and rubbish caused by the
Design Builder and all tools, equipment, machinery and surplus materials from the Site and
surrounding area at the completion of the Work.
c. Personnel of the Design Builder, Subcontractors, and Sub-Subcontractorsshall not occupy,
live upon, or otherwise make use of the Site during any time that Work is not being
performed at the Site, except as otherwise provided in the MCA.
d. Upon Final Completion of the Work, the Drrsign Builder shall remove all construction
facilities, appurtenances, tools, material and other articles from the Site. The entire area,
including all fixed equipment, floors, surfaces and hardware shall be cleaned and restored
to their original condition.
e. In addition to water sprinkling, temporary enclosures and anti-dust sweeping compounds
should be used to limit dust and dirt rising and to keep the Site clean.
9
£ Construction materials shall be neatly stacked by the Design Builder when not in use.
Dusty materials in piles or in transit shall be covered to prevent suspension of the dirt or
air. The Design Builder. shall promptly remove splattered concrete, asphalt, oil, paint,
corrosive liquids, and cleaning solutions from the affected surfaces to prevent marring or
other damage.
g. Volatile wastes shall be properly stored in covered metal containers and removed daily.
All other trash receptacles shall be promptly emptied when full.
h. The Design Builder shall promptly and legally transport and dispose of removed and
demolished items and waste materials not identified to be recycled or reused in a manner
complying with local ordinances and anti-pollution laws. No rubbish or waste materials
shall be burned, buried, or otherwise disposed of on the Site.
i. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the
construction period, and obscured from public view to the greatest practical extent. The
Design Builder shall enforce the use of Bitch sanitary facilities by all personnel at the Site.
DB is to lock the facilities from unauthorized entry every day. The facilities shall be
located within the work area.
j. TEMPORARY WATER, LIGHT AND POWER. Water for any purpose shall be obtained
by the Design Builder. The Design Builder shall obtain water from the City. The Design
Builder is to contact the City for a phone number and contact person. In no case, may the
Design Builder obtain water from untnetered fire hydrants. The Design Builder should be
aware that there is a penalty for taking water from an unmetered fire hydrant.
k. Traffic Striping- In no case shall a newly paved street open to the public be left unstriped
over a weekend or a holiday.
I. Businesses adjacent to the construction area are to continue in full operation during the
period of the work. No construction activity shall interfere with the daily operation of
these facilities. Work across from these property shall be restricted to the limits indicated
on the drawings.
m. The Design Builder shall coordinate daily with the City personnel for any work that might
impact the daily operation of necessary utilities. Design Builder shall provide at least one
week's notice with 72 hour confitrnation for any shutdowns and beginning of activities in
new work areas.
n. Major Holidays - No construction work will be allowed during major holidays. Please
refer to municipal code article 4.12.110 for a list of Holidays.
o. Phased Construction -Before commencing Work of each phase, submit an updated copy
of Design Builder's construction schedule showing the sequence, commencement and
completion dates of that phase.
10
p. Coordination -
i. Coordinate construction operations to ensure efficient and orderly installation of
each part of the Work.
ii. Design Builder shall coordinate project. activities with other City projects and
private developments under construction or is scheduled to be awarded during the
construction of this. project. Specifically the following projects
1. Street Resurfacing
2. Water Main Replacement
3. Street Lighting Program
4. Palisades Garden Walk and Town Square
5. Downtown Parking Structure Reconstruction
6. Other Civic Center Improvements
7. Fiber Optic Communication along Colorado between 4~h & 17~h Street
iii. All work in the downtown (area bounded by Ocean Avenue and Lincoln Blvd)
shall be phased such that closures to any traffic lanes shall only be done on one
street segment or intersection at a time. Work that impacts traffic flow will not be
allowed on two adjacent and parallel streets or on adjacent blocks of two
intersecting streets
iv. Coordinate construction activities to ensure that operations are carried out with
consideration given to conservation of energy, water, and materials. Coordinate
use of temporary utilities to minimize waste.
q. Design Builder shall promptly and legally transport and dispose of removed and
demolished items and waste materials, unless recycled or reused, in a manner which
complies with local ordinances and anti-pollution laws. No waste materials shall be
burned, buried, or otherwise disposed of on the Site.
r. Community Outreach -
i. The project area is a sensitive area for residents, commuters, and visitors. The
Design Builder will be required to minimize any inconvenience to the public. The
Design Builder shall advise the City fifteen (IS) days in advance of the start of any
and all work of the length and operation of the construction cycle, so that the City
can determine if sufficient community outreach and noticing has been conducted by
the Design Builder and LACMTA, prior to the start of the Design Builder's work.
If the work takes longer than originally intended, the Design Builder shall alert the
City and LACMTA as soon as possible so that the neighborhood may be contacted
again.
ii. When it is necessary to temporarily deny access to property, or when any utility
service connection must be interrupted, Design Builder shall give notices
sufficiently ih advance to enable the affected persons to provide for their needs.
11
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Notices shall conform to any applicable local ordinance and, whether delivered
orally or in writing, shall include appropriate information concerning the
interruption and instructions to how to limit inconvenience caused thereby.
iii. Prior to beginning construction, the Design Builder shall prepare Project
information signs and submit it for the approval by the City. Approved signs, shall
be installed at a major locations of the project, as directed by the City. Design
Builder may use Metro format Project Identification Signs. City is to review the
proposed sign prior to fabrication. City would like to have Expo/DB hotline phone
number on the signs.
iv. First "Notice of Proposed Work" to the business and property owners of the general
area that will be affected by this Project shall be mailed or hand delivered at least
three (3) weeks prior to work on the site.
v. A second and different "Two-Day Notice of Proposed Work" shall be hand
delivered by the Design Builder or by the USPS two (2) calendar days prior to
work on the site. DB may elect to implement message boards, in lieu of hand
delivered two day notice. The boards shall notify public of upcoming work and
impacts. Message boards to be spaced at least every 2 blocks where feasible.
vi. In addition to the above, the Design Builder shall be fully responsible for all
required notifications, which are related to utility interruptions, closures of streets,
alleys, driveways, etc., or any unavoidable disruptions for access and/or any
parking restrictions that are caused by the Work.
vii. Utilities shall be contacted through Underground Service Alert at (800) 422-4133 at
least four (4) calendar days prior to construction.
viii. If a project location interferes with bus services, the Design Builder shall, prior
commencing work, notify the Santa Monica Municipal Bus System at (310) 458-
8647, and the Metropolitan Transit Authority (MTA) at (213) 972-6007 at least
four (4) calendar days in advance.
s. NOT USED
t. Upon receipt of notice from the Design Builder that the Work is ready for final inspection,
the City will make such inspection
8. Environmental Controls
AIR POLLUTION CONTROL. The Design Builder shall comply with all air pollution
control rules, regulations, ordinances and statutes which apply to any work performed
within the City of Santa Monica, including any air pollution control rules, regulations,
ordinances and statutes, specified in Section 11017 of the Government Code.
In the absence of any applicable air• pollution control rules, regulations, ordinances or
statutes governing solvents, all solvents, including but not limited to the solvent portions of
paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply
with the applicable material requirements of the South Coast Air Quality Management
District. All containers of paint, thinner, curing compound or liquid asphalt shall be labeled
12
m
to indicate that the contents fully comply with said requirements. Material to be disposed
of shall not be burned, either inside or outside the roadway right of way.
The Design Builder is responsible for identifying specific materials that require more
complex ventilation to accelerate off-gassing. Besides paints, glues, and sealants, those
that generally require temporary ventilation include: composite wood products; plastics;
waterproofing; insulation; fireproofing, caulking; acoustical ceilings; resilient flooring, and
wood preservatives.
Barriers shall be used to prevent the migration of airborne pollutants from areas under
construction and to mitigate any construction noise that may disrupt adjacent occupant
activities.
All cleaners and janitorial products shall be in accordance with the City's required Toxic
Use Reduction Program. The Design Builder may obtain a list of the City's approved
cleaning products from the Construction Manager (who will obtain it from the
Environmental Programs Division). Design Builder isto use the approved products unless
the approved products are not working for their needs or they have a particular product
need for which a product has not yet been approved.
Before purchasing or using any cleaning product not on the approved list, the Design
Builder shall request a copy of the City of Santa Monica Custodial Products Bid
Specifications from the Construction Manager. The Design Builder shall submit a Product
Reporting Form with appropriate back-up documentation to the Construction Manager for
each cleaning product not on the approved list, along with an explanation of why an
approved product is not being used. The back-up documentation should conform to the
Santa Monica Custodial Products Bid Specifications.
The Construction Manager will forward the Design Builder's request to the Environmental
Programs Division for evaluation and will notify the Design Builder of the approval or
rejection of any product submitted. The City shall not be responsible for any costs
incurred due to the disapproval of any cleaning products or for delays due to the Design
Builder's failure to submit all required information or acceptable products
WATER POLLUTION CONTROL. The Design Builder shall use Best Available
Technology and Best Management Practices to prevent the pollution of drains and
watercourses by discharges of materials other than uncontaminated storm water. Prohibited
discharge include storm water discharge that may threaten to cause pollution,
contamination or nuisance, sanitary waste,. sediment and debris from erosion and other
substances resulting from construction activities. Sanitary wastes will not be permitted to
enter any drain or watercourse other than sanitary sewers. No sediment, debris or other
substance will be permitted to enter sanitary sewers.
13
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The following Best Management Practices which address the problem of urban runoff shall
apply to all projects undergoing construction in the City. The Best Management Practices
list set Forth below is required by the City, and shall apply at the time of demolition of an
existing structure or commencement of construction until receipt of a certificate of
occupancy or certificate of completion:
1. Runoff, sediments and construction waste from construction sites and parking areas
shall not leave the site.
2. Any sediments or other .materials which are tracked off the construction site shall
be removed the same day. When determined necessary by the Construction Manager to
provide temporary pollution control measures, a temporary sediment barrier shall be
installed.
3. On an emergency basis only, plastic covering may be utilized to prevent erosion of
an otherwise unprotected area, along with runoff devices to intercept and safely convey the
runoff.
4. Excavated soil shall be located on the site in a manner that eliminates the
possibility of sediment running into the street or adjoining properties. Undocumented fills
shall be covered until the soil is either used or removed.
5. No washing of construction or other industrial vehicles shall be allowed adjacent to
the Site. No runoff from washing vehicles on the Site is allowed to leave the Site.
6. Drainage controls shall be utilized as needed, depending on the extent of proposed
grading and topography of the Site, including, but not limited to the following:
a. Detention ponds, sediment ponds or infiltration pits.
b. Dikes, filter berms or ditches.
c. Down drains, chutes or flumes.
To avoid stormwater pollution, the Design Builder shall plan roadwork and pavement
construction as follows:
1. Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants
from contacting stormwater runoff.
2. Cover storm drain inlets and personnel access holes when paving or applying seal
coat, slurry seal, fog seal, etc.
14
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3. .Always park paving machines over drip pans or absorbent materials, since they
tend to drip continuously.
4. When making saw-cuts in pavement, use as little water as possible. Cover each
catch basin completely with filter fabric during the sawing operation and contain the slurry
by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid
drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and
remove from the Site.
All work conducted by the DB is to adhere to S WPPP.
The Design Builder assumes all responsibility for treatment of water polluted as a result of
the Design Builder's site activities whether treatment is initiated by the Design Builder or
the City.
Where erosion damage which will cause water pollution is probable due to the nature of
the material or the season of the year, the Design Builder's operation shall be so scheduled
that permanent erosion control features will be installed concurrently with or immediately
following grading operations.
DRAINAGE CONTROL. The Design Builder shall provide for the drainage of storm
water and such water as may be applied or discharged on the site in performance of the
Work. Drainage facilities shall be adequate to prevent damage to the Work, the site, and
adjacent property. Also drainage facilities shall be constructed to minimize the potential
pollution to the ocean.
Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as
necessary to carry all increased runoff attributable to the Design Builder's operations.
Dikes shall be constructed as necessary to divert increased runoff from entering adjacent
property (except in natural channels), to protect the City's, private property and utility
owner's facilities and the Work, and to direct water to drainage channels or conduits.
Retention on-site shall be provided as necessary to prevent downstream flooding.
SOUND CONTROL. The Design Builder shall comply with all local sound control and
noise level rules, regulations and ordinances (including but not limited to all applicable
provisions of Chapter 4.12 of the Santa Monica Municipal Code), except as modified in
the Special Provisions and Technical Specifications.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion
engine shall be operated on the project without said muffler. The noise level from the Design
Builder's operations, between the hours of 8:00 A.M, and 6:00 P.M., shall not exceed 86 DBA at a
15
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distance of 15 meters (50 feet). This requirement in no way relieves the Design Builder from
responsibility for complying with local ordinances regulating noise level.
The noise level requirement shall apply to all equipment on the job or related to the job, including
but not limited to trucks, transit mixers or transient equipment that may or may not be owned by
the Design Builder. The use of loud sound signals shall be avoided in favor of light warnings
except those required by safety laws for the protection of personnel.
Prior to starting construction, all equipment to be used on the project shall be inspected and
tested for compliance with the requirements of this project. Sound blankets or other sound
mitigation equipment shall be required to bring equipment into compliance with the
requirements of these provisions..
SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. The Design Builder shall
comply with the provisions of the Hazard Communication Standards California
Administrative Code. Title 8, Section 5194). The Design Builder shall, demonstrate that
the Design Builder is in complete compliance with the Hazard Communication Standards.
In addition, the Design Builder shall, at the request of the City, provide to the City a
Material Safety Data Sheet and a copy of the product label for any product handled or used
by the Design Builder on City property or in an area where a employee is working.
16
V. Traffic Technical Provisions
Maintenance of Traffic
1.1 City of Santa Monica Design and Construction Requirements
A. General
1. No street closures outside the construction zone segments will be allowed between
December 15, and January 2.
2. Holiday Season Construction Moratorium: It is a common procedure during each holiday
season (November 15th to January 2"d) to restrict issuance of permits on certain streets in
commercial shopping areas. During this period, no street closure outside the construction zones
(work behind k-rail) will be allowed.
3. Noise Ordinance: All night-time construction is subject to the requirements laid out in
S.M.M.C. Ordinance Nos. 4.12.050, 4.12.060, and 4.12.110 and is subject to approval by the City
of Santa Monica Police Department.
4. Special Events: Special provisions shall be provided during construction to mitigate traffic
for special events at regionally significant facilities such as, and not limited to: Downtown Santa
Monica, the Santa Monica Civic Auditorium, Santa Monica Pier, Annenberg Beach House, City of
Santa Monica beaches, Santa Monica College. Mitigation measures include but are not limited to
provisions for additional traffic controls, advance notification of closures or detours via both
changeable message signs (CMS) and static signs.
5. Traffic Management Plan (TMP): Due to the size and magnitude of this project, there will be
dramatic shifts in traffic patterns. Therefore, to minimize impacts to the surrounding communities,
commuters, and businesses, the Design Builder shall develop a TMP. The TMP shall encompass,
but is not limited to:
a. The Design Builder shall develop one complete Traffic Management Plan (TMP), a
comprehensive construction traffic mitigation plan for the impacted areas, in consultation
with PCD, TMD, Caltrans, Big Blue Bus, Public Works, LACMTA and shall include City
projects within 5 Blocks of the Light Rail Project limits. The Design Builder shall submit
the first draft of the TMP to PCD TMD, Caltrans, and LACMTA no less than six months
prior to the start of any construction activities, and complete the final draft of the TMP to
the same for approval no less than four months prior to the start of any construction
activities, and begin implementation of the TMP prior to the start of construction.
DB/Expo is to provide a submittal. schedule to the City. A workshop is to be scheduled
between TMD and DB/Bxpo to initiate over the shoulder review. The TMP shall consist of
a combination of strategies designed to minimize construction traffic impacts on
17
surrounding roadways, proximate freeway ramps, and neighborhood streets. Strategies that
shall be considered include but not limited to: construction methods, construction staging
strategies, intelligent transportation system strategies (including maximizing the
deployment of CMS and other devices with the ability to communicate directly with the
City's Traffic Management Center[TMC]), and traffic mitigation measures for the affected
surrounding roadways, proximate freeway ramps, and neighborhood streets. Traffic
mitigation measures should facilitate traffic to stay on arterial streets and detour routes, and
deter traffic from neighborhood streets. Measures should include, but are not limited to:
street improvements, installation and/or modification of signage (static and dynamic),
traffic signal equipment, striping/pavement markings, signal timing, striping, speed humps,
etc. All measures are subject to approval by PCD TMD and others before installation.
Approved measures shall be implemented prior to any construction activity.
b. Strategic Construction Sequencing and Staging: In order to minimize impacts to the
local street network:
1. No two consecutive over crossings, major street, and/or freeway ramp
intersections shall be substantially impacted at any one time without approval by
PCD TMD.
2. No two adjacent or parallel Level 3 Streets (See Table 1 below) shall be
impacted at any one time without PCD TMD approval.
c. Construction Traffic Management and Coordination: In order to appropriately
coordinate construction activities within the identified impact areas, the Design Builder
shall coordinate all construction activity with Transportation Management, Public Works,
the Big Blue Bus, Police and Fire. The coordination should include project activities and
non-project construction activities on the City transportation network and manage the
implementation of the TMP.
d. City Traffic Management Resources: Any request for City resources for traffic
management within or outside the project boundaries must be requested within a minimum
of 14 working days. Resources may include traffic service officers, traffic management
equipment, personnel; and consultation. The Design Builder and/or Exposition Light Rail
Construction Authority shall reimburse the City for the full cost of any traffic management
resources requested. These on call services are addressed in the MCA.
B. Design Specifications (Traffic Signal and Geometric Design)
PCD TMD shall review and accept all (temporary and/or permanent) traffic signal and
geometric design plans.
Plans shall be prepared in PCD TMD format.
18
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Designs shall be prepared per the most current California Manual of Uniform Traffic
Control Devices (MUTCD) as per the date of the request for proposal.
Signal installations and materials shall be prepared according to the most current State of
California Department of Transportation Standard Plans and Specifications and the PCD
TMD material specifications, unless otherwise agreed to by PCD TMD.
Plans submitted for review shall be divided into sets with a maximum of five (5)
locations/blocks/intersections per set; with a maximum of five (5) sheets per
location/block/intersection. Submittals must meet all PCD TMD quality control
requirements of design.
Only one set of plans or a maximum of twenty five (25) total sheets, showing no more than
five (5) locations blocks/intersection shall be submitted for review to PCD TMD at any
time. New submittals shall be accepted only after comments have been returned to the
Design Builder for any previous submittals.
The Design Builder shall prepare all temporary and restoration signal and geometric plans
as required.
PCD TMD shall have 20 working days to review and return comments for each set of
plans to the Design Builder.
PCD TMD shall have seven (7) working days to reject any submittal altogether.
PCD TMD shall have 20 working days after a re-submittal to review and return comments
to the Design Builder.
The Design Builder shall maintain all existing OPTICOM signal pre-emption equipment in
working order throughout the construction period.
C. Signal Timing Specifications
Design Builder shall prepare all traffic signal timing plans for permanent or temporary
traffic signal timing adjustments.
Timing plans submitted for review shall be divided into sets with a maximum of five (5)
locations/blocks/intersections per set; with a maximum of .five (5) sheets per
location/block/intersection Submittals must- meet all PCD TMD quality control
requirements of timing plans.
Only one set of timing plans or a maximum of twenty five (25) total sheets showing no
more than five (5) locations/blocks/intersection shall be submitted for review to PCD TMD
19
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at any time.' New submittals shall be accepted only after comments have been returned to
the Design Builder for any previous submittals.
PCD TMD shall have 20 working days to review and return comments for each set of
timing plans to the Design Builder.
PCD TMD shall have seven (7) working days, to reject any timing plan submittal
altogether.
PCD TMD shall have 20 working days after a re-submittal to review and return comments
to the Design Builder.
PCD TMD shall have 30 working days after signal plans have been approved to test signal
timing plans and coordinate with PCD TMD Traffic Signals Section to test the new traffic
signal conh•oller.
Design Builder shall provide all new traffic signal controllers and associated equipment
(e.g., conflict monitors, detector cards, emergency battery backup systems). PCD TMD
shall have 30 workirig days to test a new traffic signal controller to match a permanent or
temporary ttaffic signal plan. All costs shall be covered by the Design Builder. Per meeting
on 3/14/11, between City, EXPO and DB, DB/Expo to provide traffic controllers.
Design Builder shall, provide a minimum of 5 working days notification 'for the
modification or adjustment of timing on any City controlled signal.
D. Requirements of the Design Builder
1. Standards
The installation, maintenance and removal of any and all traffic control and detour devices
shown in approved plans are the responsibility of the Design Builder throughout the
project, unless otherwise stated. The standards to be applied for these devices shall
conform to the latest editions of the following documents:
a. California Manual of Uniform Traffic Control Devices (MUTCD).
b. All City specifications and standards as provided to the Design Builder.
d. The State of California Standard Plans.
e. The State of California Standard Specifications.
£ Work Area Traffic Control Handbook (Watch Manual) (For Reference Only)
g. American with Disabilities Act
Any conflicts between the above documents concerning the application of these standards shall be
brought up prior to the preliminary design submittal and resolved by the City of Santa Monica
PCD TMD. Any deviations from these standards, approved traffic management plan (TMP) ,
approved temporary traffic control plans (TTCP), and/or approved construction detour plan
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(CDP), shall have the written approval of the City of Santa Monica Principal Transportation
Engineer or designated representative prior to implementation.
2. Traffic Control Zone
The traffic control zone includes all City of Santa Monica public right-of--way within the project
limits and outside of the project limits to the extent necessary to effectively control traffic through
the construction zone and/or detour traffic outside of the construction zone along designated
detour routes. Private roadway access to/from the public right-of--way may be included in the
traffic control zone with the written approval of the private property owner and/or agent. The
limits of the traffic control zone shall be developed by the Design Builder's Traffic Engineer upon
review of the PCD TMD accepted traffic management plan (TMP) and/or temporary traffic
control plans (TTCP). The Design Builder shall be responsible for the installation, maintenance,
and removal of the temporary traffic control devices, signs, striping and markings within the
traffic control zone for the duration of the approved TMP/TTCP and/or construction phase.
3. CCTV -Installation & Maintenance
CCTV cameras at the following locations shall be installed and/or operational (including all
required testing, image transmission to and remote controlled by City of Santa Monica TMC, and
PCD TMD acceptance) prior to any work commencing at the following intersections including
advanced utility relocation work.
a. Colorado Ave./4th Street
b. Colorado Ave./5th Street
c. Colorado Ave./6th Street
d. Colorado Ave./7th Street
e. Colorado Ave./Lincoln Blvd.
f Colorado Ave./11th Street
g. Colorado Ave./14th Street
h. Colorado Ave./17th Street
i. 20th Street/New at-grade rail crossing
j. Olympic Blvd./New signalized crossing of Expo Bike Path
k. Cloverfield Blvd./New grade separated rail crossing
1.26th Street/New at-grade rail crossing
m. Stewart Street/New at-grade rail crossing
Camera performance specifications are as follows:
The camera shall be BOSCH VG4-323-ECE1M; 300 SERIES PTZ 26X D/N NTSC;
ENVIRO/MAST 120 VAC; IP CLEAR BUBBLE. Design builder shall supply all CAT-6 cables
between the camera the network switch inside the traffic signal cabinet. All existing PTZ cameras
21
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shall be operational and maintained by the Design Builder throughout construction activities at all
times.
4. Traffic Lane Requirements During Construction
On-street parking and existing/proposed turn-lanes, including two-way left-turn lanes, are to be
maintained by the Design Builder at all times unless otherwise approved by PCD TMD. No
interference with traffic lanes and no disruptive truck maneuvering are allowed at the construction
driveways or construction site access points at any time. Maintain access at all times to driveways
that cross the right-of--way unless an alternative arrangement is made with the property owner.
Temporary Traffic Control Plans (TTCPs) and construction shall be sequenced so that work does
not occur on adjacent and or parallel major/secondary roadways. Work shall also be planned so
that there is no freeway traffic detoured onto City streets that are under construction, and so that
there is no impact on local/collector streets unless approved by PCD TMD.
Major construction work such as decking and false work may be accomplished by implementing a
partial or full street closure during nights or weekends. All street closures need to be reviewed and
approved by PCD TMD and/or PW. All traffic lanes shall be open and unobstructed at all times,
unless specified below.
TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements Traffic Lane
Name Type (Monday-Friday) Requirements
(See Saturda -Sunda
Table Peak Hours Daytime Nighttime ! Peak Hours Off-Peak
2) (ham- Hours Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
Colorado Leve13 Provide Provide Full closure Provide Full closure
Ave. (from Local Local authorized Local authorized
Ocean Access Access only with Access only with
Ave. to PCD TMD PCD TMD
17`h St. a royal a royal
Colorado Leve12 Provide Provide Provide Provide Provide
Ave. (east Local Local Local Access Local Local
of 17`h St. Access Access Access Access
4t St. Level 3 Maintain all Provide Provide Maintain all Provide
existing Local Local Access existing Local
travel lanes Access travel lanes Access
22
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TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements Traffic Lane
Name Type (Monday-Friday) Requirements
(See Saturda -Sunda
Table Peak Hours Daytime Nighttime / Peak Hours Off-Peak
2) (ham- Hours Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
5~ St. Level3 Maintain all Provide Provide Maintain all Provide
existing Local Local Access existing Local
travel lanes Access travel lanes Access
6` St. Level l Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
7` St. Level 1 Provide Provide - Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
Lincoln Level3 Maintain all Provide Provide Maintain all Provide
Blvd. existing Local Local Access- existing Local
travel lanes Access travel lanes Access
9` St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
lOt St. Level l Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
11` St. Leve12 Maintain all Provide Full closure Provide Provide
existing Local authorized Local Local
travel lanes Access only with Access Access
PCD TMD
a royal
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TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements Traffic Lane
Name Type (Monday-Friday) Requirements
(See 5aturda -Sunda
Table Peak Hours Daytime Nighttime / Peak Hours Off-Peak
2) (ham- Hours Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
12t St. Level l Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
Euclid St. Level 1 Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
l4` St. Leve12 Maintain all Provide Full closure Provide Provide
existing Local authorized Local Local
travel lanes Access only with Access Access
PCD TMD
a royal
15~ St. Level 1 Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
16` St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access. only with Access only with
PCD TMD PCD TMD
a royal a royal
17 St. Leve12 Maintain all Provide Full closure Provide Provide
existing Local authorized Local Local
travel lanes Access only with Access Access
PCD TMD
a royal
24
TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements Traffic Lane
Name Type (Monday-Friday) Requirements
(See 5aturda -Sunda
Table Peak Hours Daytime Nighttime / Peak Hours Off-Peak
2) (ham- Hours .Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
18 St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
19 St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
20t St. Leve13 Maintain all Provide Provide Maintain all Provide
existing Local Local Access existing Local
travel lanes Access travel lanes Access
21st St. Level 1 Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
22" St. Level l Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
23` St. Level l Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
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TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements Traffic Lane
Name Type (Monday-Friday) Requirements
(See Saturda -Sunda
Table Peak Hours Daytime Nighttime / Peak Hours Off-Peak
2) (ham- Hours Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
24` St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
25` St. Leven Provide Provide Full closure Provide Full closure
Local Local authorized Local authorized
Access Access only with Access only with
PCD TMD PCD TMD
a royal a royal
26t St. Leve12 Maintain all Provide Full closure Provide Provide
existing Local authorized Local Local
travel lanes Access only with Access Access
PCD TMD
a royal
Cloverfield Leve13 Maintain all Provide Provide Maintain all Provide
Blvd. existing Local Local Access existing Local
travel lanes Access travel lanes- Access
Olympic Leve13 Maintain all Provide Provide Maintain all Provide
Blvd. existing Local Local Access existing Local
travel lanes Access travel lanes Access
Broadwa Leve12
Pico Blvd. Leve13 Maintain all Provide Provide Maintain all Provide
existing Local Local Access existing Local
travel lanes Access travel lanes Access
Santa Level 3 Maintain all Provide Provide Maintain all Provide
Monica existing Local Local Access existing Local
Blvd. travel lanes Access travel lanes Access
26
m
TABLE 1 -TRAFFIC LANE REQUIREMENTS
Street Closure Traffic Lane Requirements TraftSc Lane
Name Type (Monday-Friday) Requirements
(See Saturda -Sunda
Table Peak Hours Daytime Nighttime / Peak Hours Off-Peak
2) (ham- Hours Weekend (11:OOam- Hours
9:30am & (9:30am- Hours 9pm) (9pm-
3:OOpm- 3:OOpm) (8pm-ham) llam)
8 m
Stewart St. Leve12 Maintain all Provide Full closure Provide Provide
existing Local authorized Local Local
travel lanes Access only with Access. Access
PCD TMD
a royal
Exposition Leve12 Maintain all Provide Full closure Provide Provide
Blvd. existing Local authorized Local Local
travel lanes Access only with Access Access
PCD TMD
a royal
Notes: 1) Some project work may require deviation from these traffic lane requirements and
hours, and are subject to approval of site-specific stage construction and traffic control plans and
acceptance from PCD TMD.
All requests must be made to PCD TMD 14 calendar days in advance.
2) All after hours construction (Night time and early morning construction) is subject to the
requirements in S.M.M.C. Ordinance Nos. 4.12.050, 4.12.060, and 4.12. ] 10
3) Streets not listed in above table are subject to PCD TMD review and approval.
4) Capacity on all streets should be maximized, and is subject to approval of site-specific stage
construction and traffic control plans and acceptance from PCD TMD.
The formal request shall include the following items as applicable:
o Rationale for such lane reductions
o Extent of lane reductions
o Temporary traffic control plans (TTCP)
o Construction detour Plan (CDP)
o Traffic impact study and alternate routes
o Duration of closure
o Work schedule
o Staffing levels
o Construction schedule (with enough detail to determine on a daily basis if proper progress is
being achieved to complete work in time initially committed)
27
o Planned mitigation measures if work falls behind schedule
o Public outreach and notification plan (developed jointly with BBB, LACMTA, PCD TMD, and
PW)
TABLE 2 -CLOSURE RESTRICTIONS
Level 1 Obtain all appropriate permits
Conduct Public outreach & notification
Must meet Noise Ordinance for night-time closures
Install Tem ora Parkin Restrictions if necessar
Leve12 Approved Detour &TTCP plans may be required
Must meet Noise Ordinance for night-time closures
Conduct Public outreach & notification
Install Temporary Parking Restrictions (if necessary)
Si nal timin ad'ustments if necessa )
Level 3 Conduct Public outreach & notification
Approved Detour &TTCP plans required
Requires review and/or approval from Oversight Committee
Install Temporary Parking Restrictions (if necessary)
Traffic officers (if necessary)
Si nal timin ad'ustments if necessa
Note: Additional City resources shall be determined by PCD TMD and the Design Builder and
approved by LACMTA.
5. Temporary Street Closures
Temporary street closures are to be kept to a minimum. However, if a temporary sheet closure is
necessary, all necessary permits must be obtained as outlined below:
Temporary street closures are subject to the City of Santa Monica PCD TMD, PW, Fire
Department, and Police Department approval. Night time and Sunday work shall require approval
by PCD TMD, PW Building and Safety, and the Police Department. Details of the permitting
process can be found in the Master Cooperative Agreement (MCA) between the City of Santa
Monica and LACMTA. In addition, PCD TMD approval of the traffic management plan (TMP)
and temporary traffic control plans (TTCP) submitted by the Design Builder is also required. The
Design Builder shall consult with LACMTA and all affected jurisdictions, and submit a written
request for closures to PCD TMD for consideration of its acceptability 90 calendar days prior to
the date of the needed closure. The request shall include the following:
A documented need to close the street.
The time schedule of the street closure.
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A TTCP prepared, signed, and stamped by either a Traffic or a Civil Engineer registered with the
State of California, experienced in the preparation of traffic detour plans and signed by the Design
Builder. If traffic signal hardware or phasing modifications are necessary, then temporary traffic
signal plans shall also be submitted for approval.
All street closures shall comply with the following requirements:
The Design Builder shall maintain local access to impacted properties as described in Section 8 of
this Provision, "Pedestrian Access" and Section 9 "Vehicular Access". Prior to implementation of
any City-Approved temporary street closure, -the Design Builder, through LACMTA, or its
designee, shall comply with the required notifications as follows:
PCD TMD
310-458-8955
Not less than 10 working days prior to implementing any street closure.
SMFD -Fire Prevention
310-458-8667
Not less than 72 hours prior to implementing any sheet closure.
SMPD -Watch Commander
310-458-8427
Not less than 72 hours prior to implementing any street closure.
SMPD -Traffic Services
310-458-8993
Not less than 72 hours prior to implementing any street closure.
BBB -Transit Services
310-458-5840
not less than 10 working days prior to implementing any sheet closure, or any change affecting
dash bus zones. Any other impacted transit operations within the traffic control zone; contact the
individual transit operators 10 working days prior to implementing any street closure, or any
change affecting the transit operator bus zones.
6. Temporary Traffic Control Plans (TTCP)
TTCP shall be prepared by the Design Builder and are subject to the traffic lane requirements
(Section.l0 -Delineation). Construction Detour Plans (CDP) include TTCPs and also designate
additional detour signage, routes, necessary temporary traffic signal plans, and site-specific plans.
Based on the extent of work, duration, location and traffic impact, the Design Builder shall submit
Construction Detour,Plans for review and approval prior to staging equipment and/or performing
work within the City of Santa Monica public right-of--way. PCD TMD approval is required prior
29
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to implementing the Construction Detour Plans. Selection of the appropriate Construction Detour
Plans shall be made in consultation with the Design Builder's Project Manager, LACMTA,
Caltrans, and PCD TMD.
All detour plans shall comply with PCD TMD traffic lane requirements and standards listed
herein. Additional requirements may be determined by PCD TMD after considering the scope of
work and the prevailing field conditions. Detour plans and site-specific detour plans shall be
prepared, signed, and stamped by a Traffic Engineer and a Civil Engineer, registered in the State
of California, and shall have the written approval of the PCD TMD Principal Transportation
Engineer or designated representative prior to implementation. In all cases, PCD TMD shall
determine the need for, the extent of, and the changes to traffic control devices including traffic
signals, traffic signs, parking meters, channelization, striping removal, and re-striping. Submit
site-specific plans to PCD TMD for approval 30 days prior to implementation
Detour plans to modify striping are required when:
Traffic is diverted to the left of the centerline delineation (double yellow, dashed or median
channelization) for more than one night..,
An existing (permanent or detour) traffic lane on any street is to be recurrently obstructed for more
than one week.
When the work area is adjacent to an intersection and results in a transition within the intersection.
In other- unusual situations where traffic and physical conditions, such as speed or restricted
visibility, require special treatment.
7. Temporary Traffic Signal Plans
Temporary traffic signal plans are required when:
A. Signal equipment is relocated due to construction.
B. Signal operation is modified to facilitate construction.
C. Required as part of the temporary striping plan.
D. Visibility to signal is obscured by construction.
Temporary traffic signal plans shall be prepared and stamped by a licensed Civil Engineer
registered in the State of California and signed by the Design Builder. Plans shall be reviewed and
accepted by PCD TMD prior to implementation. In all cases, PCD TMD shall determine the need
and extent of required temporary signal modifications.
8. Pedestrian Access
Pedestrian access and circulation plans describing any restrictions, closures and alternative
routings to those properties adjacent to the traffic control zone shall be developed by the Design
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Builder and LACMTA cooperatively with representatives of impacted properties and shall have
the written approval of the City of Santa Monica Transportation Planning Manager or designated
representative prior to implementation. Pedestrian access to such properties shall be provided
during essential periods requested by property representatives. In addition, they shall comply with
the following standards:
A. Pedestrian walkways including existing sidewalks, temporary asphalt, portland cement
concrete (PCC) or wooden walkways shall be explicitly and continuously delineated with
protective fencing and/or barricading as appropriate. Walkways shall have a 5 foot minimum
width (8 feet if clear of obstructions where feasible). A reduction in sidewalk width may be
allowed by PCD TMD upon review of the Design Builder's request outlining the construction
justifications. Such reductions shall be limited to the duration necessary to construct facilities
within the sidewalk area. These pedestrian walkways including minimum width and maximum
grade of the walkways shall conform to California State Building Code Standards (Title 24 of the
California Administrative Code Section 2-3325), and the latest edition of Americans with
Disabilities Act (ADA).
B. When pedestrians are diverted into the street or adjacent to an open excavation, type k-rail
barriers shall be used for barricading between pedestrian and vehicular traffic. Construction
fencing shall be used for barricading between pedestrians and construction areas.
C. Sidewalk closure shall be considered by PCD TMD only when necessary to construct a
facility within the sidewalk, only on one side of the street at a time. PCD TMD may consider such
closures for specified time duration upon review of Design Builder's submittal outlining the
construction justifications. It is preferable for sidewalk closures to occur during nonbusiness
hours. The Design Builder shall direct pedestrians to the nearest signalized intersection, no more
than two blocks away. The Design Builder shall provide proper signage and lighting at all times.
The Design Builder shall provide a flagger to direct pedestrian traffic at temporary non-signalized
pedestrian crossings of major, secondary and collector streets. Walkway closures shall be
implemented by the Design Builder by using Type III barricades blocking the walkway with
attached sidewalk closure signs, conforming with CA-MUCTD ,and using the standard regulatory
format. Barricades shall be installed as far upstream from the blockage as feasible in order to
minimize pedestrian redirection circulation and to discourage mid-block crossings. PW approval is
required for closure of sidewalks. Design Builder shall provide reflectorized cones at Type III
barricades to alert pedestrians of the barricade supports.
9. Vehicular Access
Vehicular access and circulation plans shall be developed by the Design Builder and LACMTA
cooperatively with representatives of impacted properties, and shall have the written approval of
the City of Santa Monica PCD TMD prior to implementation. These plans shall identify any
restrictions with respect to curbside passenger and commercial loading zones,.handicap parking,
and driveway entrance and exits for those properties adjacent to, or within; the traffic control zone
(see section 2, "traffic control zone"). The Design Builder shall provide access to impacted
31
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properties during essential periods requested by the property representatives. Although access
may not necessarily be provided from driveways within the traffic control zone, if acceptable,
alternative access points shall be provided. PCD TMD may also restrict the left-turn and/or right-
turnvehicular movements entering and/or exiting driveways during detours.
10. Delineation
A. Traffic lanes shall have a minimum striped width of 11 feet. An additional clearance width
of 1 foot shall be provided between the striped lane and a curb, barricade, barrier or other vertical
obstruction, unless otherwise shown in the approved plans. Five foot clearance is required to an
open excavation that is no deeper than 18 inches. An excavation greater than 18 inches shall
require the installation of k-rail.
B. Double yellow centerline striping, channelization barrier striping (8-inch-wide solid white
stripe), left or right edgeline striping (4-inch-wide solid yellow or white stripe), as appropriate,
shall be installed to delineate the edge of traveled way adjacent to barricading, as shown in the
approved plans. Additionally, black "contrast stripes" shall be installed on concrete surfaces as
called for in the plans of as directed by PCD TMD.
C. Interconnected segments of type k-rail barrier shall be used to separate the edge of the
traveled way from an open excavation or vertical obstruction (other than the curb), and shall be
placed adjacent to the travel lane edgeline striping provided the resulting lane adjacent to the
edgeline is a minimum 12 foot wide travel lane. End segments of Type K-rail barrier shall be
placed at an angle of approximately 15 degrees away from approaching traffic, and shall be
protected by crash cushions. Adhesive reflective-markers (white or yellow as appropriate) shall be
installed and maintained on each segment of k-rail barrier. The Design Builder shall be
responsible for maintenance and replacement of broken and/or damaged Type k-rail barrier and
crash cushions throughout construction.
D. Conflicting traffic striping and pavement markings shall be removed by Grinding or other
permanent removal methods. Covering of striping and pavement markings with black paint is not
permitted and is not considered to be a permanent removal method.
E. 36" post tube delineators, when specified, shall be epoxy-installed onto the pavement
surface two feet from the edge of travel way. 36" post tube delineators shat] be located as shown
on the worksite traffic control plans subject to mark-out locations by the PCD TMD engineer.
F. The Design Builder, through LACMTA or its designees, shall notify the PCD TMD
Principal Transportation Engineer, no less than 15 working days prior to implementing the first
detour phase and 10 working days prior to implementing subsequent detour phases thereafter. All
Striping markout and proposed removal shall be inspected and approved by PCD TMD prior to
installation of striping and markings by the Design Builder. Necessary temporary traffic signal
work shall be ready for implementation in conjunction with the start of the appropriate detour
plan.
G. Striping and markings within the traffic control zone shall be installed and maintained by
the Design Builder. The Design Builder shall repaint the existing detour and non-detour striping
and markings in the traffic control zone within a period of five (5) working days after receiving a
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written request from PCD TMD, or immediately, when determined necessary to eliminate
hazardous traffic conditions.
H. Immediately upon completion of each construction and/or detour phase, the Design
Builder shall remove by grinding all conflicting striping and markings and install
temporary/detour striping and markings for each following construction phase. The final
restoration striping and markings shall be marked out by the Design Builder and installed in
thermoplastic paint. The Design Builder shall be responsible for maintaining temporary
delineation consistent with final striping mark-out until thermoplastic installation is complete.
PCD TMD Principal Transportation Engineer shall be notified 15 working days in advance of
removal of striping. PCD TMD approval of construction mark-out is required before striping
installation begins.
I. Temporary striping shall be installed in paint and double coated. Permanent striping is to
be maintained within the traffic control zone, or outside the traffic control zone when affected by
the work, and shall be reinstalled by the Design Builder in thermoplastic per PCD TMD
Specification 76-012-15, unless otherwise approved by PCD TMD.
11.Signage
A. Permanent Installation
All signs installed on City streets. shall conform to the latest edition Federal Highway
Administration's latest edition Standard Highway Sign Book, California MUTCD, and the
California Sign Chart Uniform Sign Chart. The Design Builder shall obtain PCD TMD approval
prior to installation of any traffic signs that deviate from these standards and/or from the sign
specifications listed in these plans. Lettering sizes on all traffic signs shall be 4 inches minimum in
height unless otherwise approved.
B. During Construction
The Design Builder shall be responsible for the installation, maintenance, and removal of all
traffic signs within the traffic control zone as desciribed in the aforementioned Section 2, "Traffic
Control Zone" or outside the traffic control zone when part of the TTCP and/or TMP, except as
otherwise shown in these plans. The Design Builder shall remove or cover all conflicting traffic
control signs. For the installation of long-term stationary traffic control plans (work that occupies
a location for more than 10 days), the Design Builder shall provide and install reflective metal
"tow away no stopping any time" signs, pursuant to City of Santa Monica requirements for the
posting of Temporary No Parking signs. Contact the PCD TMD Principal Transportation Engineer
or designated representative ten (10) working days prior to work starting for a sample sign to be
used as a guide for fabrication and provide written documentation of installation date of these
signs to the PCD TMD Project Engineer. For short term work (less than 10 days and daily), the
Design Builder shall notify PCD TMD five (5) working days prior to the start of construction.
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Signs, when not shown as installed on barricades, shall be mounted onto poles with a 7-foot
vertical clearance per CA MUTCD requirements. Overhead and roadside signs shall be installed
per the PCD TMD approved overhead sign plan and standards. Unless otherwise noted, all
construction warning series.signs shall be black on orange reflective background. Letter size for
guide signs shall be a minimum 4" U.C. with panel sizes as noted on the plans. All guide sign
legends shall be approved by PCD TMD prior to final fabrication of the sign panels.
12. Parking Meters
City of Santa Monica Police Department staff and/or designated representatives shall remove or
cover parking meter heads when requested by the Design Builder or when appropriate to support
the project. The Design Builder shall be responsible for removing parking meter posts affected by
construction after the parking meter heads have been removed by PCD TMD. The Design Builder
shall be responsible for installing parking meter posts upon completion of the project. PCD TMD
shall cause to be reinstalled parking meter heads upon completion of the project. The Design
Builder shall notify PCD TMD at (310) 458-8291, 10 business days prior to parking meter
removal.
13. Bus Benches, Shelters and Sidewalk Storage Boxes
When vehicular deliveries to newspaper racks and mail boxes would impede traffic within the
traffic control zone, or when benches, shelters, and/or storage boxes are affected by the extent of
work, the Design Builder shall arrange for removal as follows:
A. For each news rack, contact the individual newspaper company responsible.
B. For mail boxes and storage relay boxes operated by the U.S. Postal Service, contact the
Superintendent of Collection and Parcel Post at (800) 275-8777 at least 30 days in advance of
removal date.
C. For bus benches or shelters, contact the BBB (Transit Services, 310-458-5840) at least 30
days in advance of removal date.
14. Project Coordination
The Design Builder should be aware of construction activities adjacent to the work area and/or
traffic control zone which may impact traffic and/or construction operations. The Design Builder
is required to coordinate traffic control activities with other Project Managers of adjacent
construction projects to avoid conflicts and maintain an effective and reliable traffic control
operation. The Design Builder, through the Construction Manager, shall be responsible for
ensuring compliance with the TTCP when utility contractors are working on facilities (per Master
Cooperative agreement with City of Santa Monica) within the traffic control zone.
PCD TMD reserves the right to observe the traffic control plan in operation and to direct the
Design Builder to make necessary changes as field conditions warrant. Any changes directed by
34
PCD TMD shall supersede the approved plans and shall be done solely at the Design Builder's
expense. The Design Builder shall provide the name and phone number (24 hour availability) of
the Design Builder's Safety Coordinator and traffic control device maintenance monitor to the
PCD TMD Principal Transportation Engineer or designated representative. Any changes in
personnel assignments for phone numbers shall be reported immediately to the PCD TMD
Principal Transportation Engineer or designated representative:
The approved TMP or TTCP may not reflect field conditions at the time of construction. In the
event field conditions differ from those shown in the plan, the Design Builder shall submit revised
TTCP and/or TMP to PCD TMD and LACMTA for approval prior to implementation.
15. Design Builder's Work Area
The Design Builder's operations within the City right-of--way, including staging of vehicles and
storage of equipment and materials, shall be confined to the Design Builder's work areas, as
shown on the plans and as approved by PCD TMD. The operations shall comply with Section 16,
"Storage of construction materials and equipment", below. Use flagger control during truck
operations entering or exiting the work area.
16. Storage of Construction Materials and Equipment
A. There shall be no storage of construction material or equipment outside the designated
work areas as indicated in the plans and as accepted by PCD TMD and PW.
B. There shall be no storage of construction material or equipment, in the designated work
areas within the City of.Santa Monica Public right-of--way, exceeding a height of 4 feet. Special
exemption for equipment may be granted by PCD TMD and PW upon receiving a written request
from the Design Builder specifying the equipment use and a specific time period.
C. Construction material and equipment shall be stored in a manner not to obscure traffic
control devices or create visibility obstruction for the motoring public and pedestrians.
17. Traffic Signal Facilities
The Design Builder shall adhere to the following requirements for all traffic signal facilities
owned and operated by the City of Santa Monica.
A. Temporary traffic signals shall be operational prior to or concurrently with the
implementation of the applicable worksite temporary traffic control plan (TTCP). The Design
Builder. shall contact PCD TMD Principal Transportation Engineer or designated representative in
writing, five (5) working days prior to performing work. The PCD TMD Traffic Signals Supervisor
or designated representative shall be notified (5) working days in advance of beginning work at
each signal controlled intersection.
B. Traffic signal work detailed on the "restoration" traffic signal plans that have been
developed by the Design Builder shall be performed in conjunction with final paving and/or
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"restoration" striping, and shall be operational upon completion of paving and/or restoration"
striping work.
C. In the event of damage by the Design Builder to existing traffic signal equipment located
within the designated work area, or traffic signal equipment rearranged or installed by the Design
Builder, the Design Builder shall immediately notify the PCD TMD Traffic Signals Supervisor or
designated representative at [office 310-458-8520 or cell 310-710-0372] and the Principal
Transportation Engineer or designated representative at (310) 458-8291. Such damaged equipment
shall be repaired and /or replaced by the Design Builder at his/her expense and inspected by the
Traffic Signals Supervisor or designated representative before signal circuits are energized.
D. Any temporary removal and/or reinstallation of traffic signal equipment required to
conduct the work shall be approved by PCD TMD Traffic Signals Supervisor or designated
representative and is the responsibility of the Design Builder. The entire cost thereof shall be
considered as included in the other work for which bid items are entered.
E. The Design Builder shall develop and provide "red lined" constructed drawings for each
traffic signal plan installed, including temporary signal plans, within ten (10) working days of
implementing the plan. These plans are to be signed and dated by the Design Builder and then
submitted to PCD TMD for review and acceptance. For "restoration" plan installations, one
electronic AutoCAD file on compact disc and one mylar (24"x36") hard copy shall be submitted to
the City after acceptance of the "red lined" as constructed plan. The revision box shall be increased
by one and the rev. description increased by one and states "as-built".
F. Regular traffic signal system control (including interconnect and vehicle detection loops /
sensors) shall be maintained from 6 am to 10 am and 3 pm to 8 pm on weekdays, and from 10 am
to 6 pm on weekends. Damaged vehicle detection loops /sensors shall be repaired within three (3)
working days. Alternative detection methods (ex. video detection) may be required if the Design
Builder is unable to maintain the existing in ground vehicle detection loops or install /maintain the
vehicle detection loops shown on the temporary signal plans.
18. Covering of Traffic Signal Indications
When the plans or City require-the temporary covering of traffic signal indications, the entire
signal indication (or portion of the indications) shall be covered with a cover manufactured for that
purpose. For vehicle indications, the cover shall be a matte contrasting. color to the signal head.
For pedestrian indications, the cover shall be a matte black color. Cardboard, wood, plastic sheets,
and other field fabricated temporary covers shall not be used.
Pedestrian push button message signs shall be removed, reversed and remounted on the pedestrian
push button assembly or, a pedestrian push button assembly cover may be used.
19. Encroachment Permits and Right-of--Way
Prior to staging and/or performing work within private properties, the Design Builder shall obtain,
through LACMTA, right-of--entry permits from the affected property owners.
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20. Truck Hauling Routes (Subject To City Approval Upon Design Builder's Submittal)
The Design Builder's buck haul route plan is subject to the approval of the City of Santa Monica,
and requires an approved permit prior to implementation. The approved haul route permit shall be
posted in all heavy vehicles (exceeding 10,000 lbs gross, or 3 or more axles). The haul route
permit(s) shall be obtained from PCD TMD .City sent DBBxpo a sample Truck Haul Route (on
3/16/11 via email), DB to submit all haul routes to the City for approval prior to implementation.
21. All open excavations shall be protected during non-working hours.
22. Any apparent ambiguities, conflicts and items subject to interpretation in the TTCP, TMP or
Traffic Signal Plans shall be resolved by the City of Santa Monica's Transportation Planning
Manager or designated representative.
2. Roadway Striping and Markings
A. All striping shall be thermoplastic Type 1V (L or R), unless otherwise indicated.
B. Sign posts shall be "unistrut" square galvanized steel posts with breakaway anchor post, or
approved equal.
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VI. Santa Monica Municipal Code, Chapter 4.12.110
(a) No person shall engage in any construction activity during the following times anywhere in
the City:
(1) Before eight a.m. or after six p.m. on Monday through Friday, except that
construction activities conducted by employees of the City of Santa Monica or public utilities
while conducting duties associated with their employment shall not occur before seven a.m. or
after six p.m. on Monday through Friday;
(2) .Before nine a.m, or after five p.m. on Saturday;
(3) All day on Sunday;
(4) All day on New Year' s Day, Martin Luther King' s Birthday, President' s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, as those
days have been established by the United States of America.
(b) Except, as set Forth in subsection (d) of this Section, the noise created by
construction activity shall not cause:
(1) The equivalent noise level to exceed the noise standards specified in Section
4.12.060 of this Chapter, for the noise zone where the measurement is taken, plus twenty dBA, or
(2) A maximum instantaneous A-weighted, slow sound pressure level to exceed the
decibel limits specified in Section 4.12.060 of this Chapter for the noise zone where the
measurement is taken plus forty dBA, for any period of time.
(c) Prior to the issuance of a building permit, all development projects located within
five hundred feet of any residential development or other noise sensitive land uses must submit a
list of equipment and activities required during construction. In particular, this list shall include
the following:
(1) Construction equipment to be used, such as pile drivers, jackhammers, pavement
breakers or similar equipment;
(2) Construction activities such as twenty-four hour pumping, excavation or
demolition;
(3) A list of measures that will be implemented to minimize noise impacts on nearby
residential uses;
(d) Any conshuction that exceeds the noise levels established in subsection (b) of this
Section shall occur between the hours often a.m. and three p.m., Monday through Friday.
(e) A permit may be issued authorizing construction activity during the times
prohibited by this Section whenever it is found to be in the public interest. The person obtaining
the permit shall provide notification to persons occupying property within a perimeter of five
hundred feet of the site of the proposed construction activity prior to commencing work pursuant
to the permit. The form of the notification shall be approved by the City and contain procedures
for the submission of comments prior to the approval of the permit. Applications for such permit
shall be in writing, shall be accompanied by an application fee and shall set forth in detail facts
38
showing that the public interest will be served by the issuance of such permit. Applications shall
be made to the Building Officer. No permit shall be issued unless the application is first approved
by the Director of Environmental and Public Works Management, the Building Officer, the Chief
of Police and the Director of Planning and Community Development. The City Council shall
establish by resolution fees for the filing and processing of the application required by this
subsection (e) and any required compliance monitoring. This fee may be revised from time to time
by resolution of the City Council. (Added by Ord. No. 2115CCS § 1 (part), adopted 2/24!04)
VII. After Hours Permit Requirements
See Next Page
39
~' ~r
Ciry or
Banta Maniea
BUILDING AND SAFETY DIVISION
7885 MAIN STREET
SANTA MONICA, CA 90407
SANTA MONICA, CA 90407
3 7 045 8-8 3 55
APPLICATION FOR
AFTER HOURS CONSTRUCTION PERMIT
Sonte Manlca Municlpel Cotls Sedlon 4.7 R.130H40
Ordinance 1730 CCS ON79H996
After Haurs Permit
N
Dote
/ I
Fee Amt
Mretnad
CA CC CK k
At time of application, submit the following:
1. Proposed Construction Outside of Normal Hours Notification to Neighbors Fo
2. Photographic evidence of sign posting, clearly showing lettering and sign lose
3. Application fees of $428.86
Application fees of $ 428.86 at time of submittal of application
lasuence of permlt Is subject to validation of all applicant's Information end payment of associated permit fees.
Job Address: Zip Cale Unit Number Floor Number
Nome: Phone Na. Fox No.
Pmpeay Street Address City State Zip Cade
Owner
Email Address:
Noma: Phone No. ~ Fnx No.
DaalmCtar Street Address Ciy State Zip Code
CByeusinass License NO. Contmdors State of Califomla ^cense NO. Classification
PERMITTED CONSTRUCTION AND DEMOLITION WORK HOURS
Monday- Friday........... 8 am - 6 pm
Saturday ..................8 am - 5 pm
Sunday& Holidays'.......... No Work Permiaed
'~ New Veots Dny, MoNn Luther King Jr. Day, Presidents' Dny, Memadal Dny, Indepantleirca Dny, Labor Day, Thanksgiving Day and Chdslmas Dny
CONSTRUCTION HOURS FOR JACK HAMMERS, PILE DRIVERS, PAVEMENT BREAKERS
OR ANY OTHER EgUIPMENT PRODUCING NOISE EXCEEDING 80DBA LIMIT:
Monde -Saturda ........... t0 am-3 m
Assadated Permit Numbac Date & Hours Requested:
' From: Aa1aPM / / To: M1or Pht 1 /
Desuip0on of Proposed Work:
Detailed Facts Exhibiting that Public Interest
Will Ee Served by Issaanre of This Pennd:
Name: Pnoire NO., Fox No.
Applirunt Street Address City State Lp COde
I agree to provide a completed notification form, indicating the requested special construction hours,
to persons occupying property vrithin 500 feel of the construction site, as well as post notification at the job site,
no less than 10 days prior to the requested After Hours Construction Permit Issuance date.
AppllronCS SlgnoWre: Dote'
ovI6.WC THANK YOU FOR HELPING US CREATE A BETTER COMMUNITY
40
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STAFF USE ONLY
Datarminetlone of Oapartmanta
BUILDING 8 SAFETY DIVISION
Common on Wore:
Derry Request far After HOUrs Peimfl Approve Afler HOars Permit os Stoletl Approve After HOars Permihvilh COntlilians'
Signature of Building OMcial: Doter
PUBLIC WORKS
omment on Mons
Deny Request for AflerHWrs Pemlit Approve Afler Hours Penult as StoleO Approve Afler HOUrs Permit with COntlilions•
SignoWre of DirectorofPW: Dote:
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
ommanf on M1ons:
Deny Request for Afler HOars Permit Approve Afler HOUrs Permit as Sloleo Approve Afler Hours Permit with COntlilions•
Sigmlure of Dlredor of PCDD: ~ Date:
POLICE DEPARTMENT
CommentsfCOnoilions•:
Deny Request for Afler FOUrs Penult Approve ARer HOUrs Pemlilas Stateo Approve Afler Hours Permit with COndilians•
Signature of Chief of Police: Date:
Notification Complete by. Date:
cc: Police, Watch Commantlar
P911@W4 THANK VOU FOR HELPING US CREATEA BETTER COMMUNITY
.1
Revised Draft September 7, 2011
EXHIBIT F
FOR COLORADO AVENUE AND OTHER CITY STREETS IMPACTED BY THE CONSTRUCTION OF THE EXPOSITION LIGHT RA€L PHASE II
City of Santa ~oniea Light Rail Integration Criteria for Colorado Avenue and Other City Sheets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
TABLE OF CONTENTS
Section 1 Introduction & Purpose
Document Purpose and References
Section 2 Colorado Avenue 3
Planning Context 3
Right-of-Way Design 4
Curb-to-Curb 9
Curb Line and Curb Extensions 9
Intersections 11
Sidewalks 11
Utilities 15
Light Rail Transit -Design Guidelines 19
Section 3 Aerial Structure 25
Page 1
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
1 INTRODUCTION & PURPOSE
The "City of Santa Monica Light Rail Integration Design Criteria" (Design Criteria) provides design
standards, practices and guidelines for use by the Exposition Construction Authority (Authority) for
engineering, detailed design documentation, cost estimating, construction and delivery of the Exposition
Light Rail Transit Project Phase 2 (Expo LRT) within the City of Santa Monica. The Design Criteria are
organized to address the following topics:
Section 1 Introduction & Purpose
Section2 Colorado Avenue
Section 3 Aerial Structure
The City of Santa Monica's objective is to integrate Expo LRT into the city's circulation system and land
uses from the opening day and far into the future. The integrated light rail system will increase transit
access, encouraging both local and regional ridership. The transformational potential of the Expo LRT
highlights the critical need for it to play a positive role in the transit network and future transit-oriented
development.
Document Purpose and References
These Design Criteria were incorporated into the City of Santa Monica's City "Standards & Requirements
for the Exposition Light Rail" binder and will be used as standards, practices and guidelines by the
Authority for the Expo LRT design-build effort. The Criteria provide specific design guidance for how light
rail transit should be integrated into the City. During the development of the Design Criteria, a number
of documents were referenced, with their relevance to the Design Criteria noted:
Exposition Light Rail Transit Protect Phase 2 -Final Environmental Impact Report (FEIR) (January 2009)_
Exposition Light Rail Transit Protect Phase 2 - AutoCAD files. The Authority provided conceptual design
files produced for the FEIR in AutoCAD format. These files served as the background drawings.
Metro Design Criteria -Sections 1-10. Metro's Design Criteria were in the process of being updated in
2010. The functional elements of the light rail system described in these updated sections were
referenced in the development of the Design Criteria.
City of Santa Monica, Land Use & Circulation Element ILUCEI, November, 2009. Reference for land use
and transportation integration; currently undergoing City Council hearings for final adoption.
Reducing the Visual Impact of Overhead Contact Systems (Transportation Research Board, National
Research Council, TCRP Report 7, National Academy Press, 1995. John S. Kulpa, Arthur D. Schwartz,
Skidmore, Owings and Merrill. ISBN 0-309-05710-8).
Certified Utility Location Report, Saf-r-Dig, July 30, 2010
Page 2
City of Santa Monica Light Rail Integration Criteria for Goiorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
2 COLORADO AVENUE
Planning Context
Within Santa Monica, Colorado Avenue serves as an artery between ajobs-rich commercial and creative
arts center, Memorial Park, Downtown and the Pacific Ocean, terminating at the Santa Monica Pier.
The City's newly adopted Land Use and Circulation Element of the General Plan (the LUCE) designates
the street corridor as aloes-scale, mixed-use boulevard. This land use designation means Colorado Ave.
will develop over time with residential housing above commercial uses, with important implications for
the role of the Expo LRT. This vision seeks to transform auto-oriented boulevards like Colorado Ave. into
more attractive multi-modal streets. This bold vision affects both private and public realms and will
result in Colorado Ave. having more active street-fronting uses, calmer traffic due tomulti-modal uses,
and a more pedestrian-oriented environment. It is anticipated that private development will be required
to set back new buildings from the property line fronting Colorado Ave. in order to achieve wider
sidewalks for increased pedestrian volumes, and to accommodate activities like outdoor dining or retail
use.
Page 3
The LUCE designates the Colorado Avenue street corridor as aloes-scale, mixed-use boulevard. Note: This
Illustration reflects the proposed land use characteristics, and not the most current Design Criteria for the light rail
elements.
City of Santa Monica Light Raii Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Expositicn Light Rail Phase II
Revised Draft -September 7, 2011
Right-of-Way Design
Today, Colorado Ave. provides 2 travel lanes in each direction and on-street parking on both sides. The
Expo LRT FEIR showed Colorado having a roadway of 60' within an 80' right-of-way. The roadway actually
varies from 55' to 62' feet in width between 4~"and 17th Streets. The illustrative street cross sections
below show trackway, roadway, north side street-parking and sidewalk configurations. Replacement
parking for spaces lost along Colorado will be replaced per the Project EIR. Businesses on Colorado Ave.
will continue to rely on on-street parking that is dispersed on Colorado Ave., close to their front doors.
This is a vital need for tenants and employees based in the older industrial buildings where parking is
limited.
Table 1 shows existing right-of-way (ROW) dimensions in tabular form. Table 3 and figure 2 show future
required ROW dimensions with Option FEIR B (center poles from 6l" Street to 17i" Street). Parkway zone
includes the 6" curb.
Table 1 Existing Dimensions Within Right-of-Way (ROW)
.. ~ ,. South Si dei. - - ~ No~th5 lde '
Right-of-
Way Set-
back Walk-
way Parkway
Zone
Roadway Parkway
Zone Walk-
way
4m - 7t^ 80' 0' 5' 5' 60' 5' 5'
7~ - 9t^ 80' 0' 4' 4' 62' 5' 5'
9m - 14~^ 80' 5' 5' 5' 55' 5' 5'
14w - 18~^ 80' 0' 4' 4' 62' 5' 5'
Table 3 Future Required Dimensions Within ROW (Excluding Curb Extensions) -
Center Pole Option (FEIR B Modified)
.- SOUth Side:' ~ Roadway North S ide
Right-of- (Existi ng) '
Way Set- Walk- Parkway South Track- North Parkway Walk-'
back way Zone* side way side Zone way
5m - 6+~ 80' 0' 5' 5' varies varies 19.5' 5' 5'
side poles ***
6~ - 7TM~ 80' 0' 5' 5' 14.5' 26' 19.5' 5' 5'
**e
7~^ - 9+~ 80' 0' 4' 4' 16.5' 26' 19.5' 5' 5'
***
9~ - 14r^ 80' 0' 5' 5' - 14.5 26' 19.5' 5' 5'
***
14r^ - 17r^ varies 0' 10' 8' varies 26' 19.5' 5' 5'
***
* East of Lincoln Boulevard the South Side parkway zone will be unpaved and landscaped except for 4' wide
paved walkways across the parkway between every 2 striped parking spaces. West of Lincoln Boulevard the
parkway zone is paved except for 4' x 6' tree wells.
*** Fire Department standard is 20'; however 19.5' and 14.5' is being considered forfinal approval.
Note: numbers are rounded to nearest 0.01'
Page 4
City of Santa Monica Light Rail Integration Criteria for ColoradoAvenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Figure 2 Guidelines for Cross Sections by Segment -Center Pole Option
5th - 6th Looking West
FEIR 8 modified: ;
19.5' lane
~i _ _..- 80' ROW ___--- m
r
Page 5
10'sidewalk ~ ~` _ ° _ ,Od'`""^"~° Ito' sidewalk
curb .5' - ~ - curb .5'
9:S' ~.--vares --.L varies f-19.50' 9.5'
i ~ ~ e. ~n\
City of Santa Monica light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
6th - 7th Looking Wesi
FEIR B modified: 3 ~ e
19.5' lane
curb .5'1p curb .5'
9.5' I^14.50'-r26.00'7-19.50' 9.5' /. ':
~ ~ m
Page 6
City of Santa Monica Light Rail Integration Crteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition i_ight Rail Phase II
Revised Draft -September 7, 2011
7th - 9th Looking West
FEIR B modified:
19.5' lanes
a'
3~
curb .5' curb .5'
7.5' ~'-'°° 16.50' --t-26.00' t-79.50'-~ 9.5'
i ~ ~ m (01
Page 7
~' '
r ~~ A.incaln-Blh~
Ath-Llnwlnl ~ i
~ I ._~
~ i
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
9th - 14th Looking Wesl -Guidelines
FEIR B Modified a~
19.5' lane ,.;~
;I
curb .5' ~ `curb .5'
5 aq-7~1" ~4.5o'-I- 26,DO' -I--19.60'---I )'A fir`., b.
I I
~{ I
l i A I
I
I
I Parking
~ striped at
Twitle-
I 4 I
I 7
l [ I I I f r,l i i I '
RlolmyooliMO~dOr `~ I ml~ 8 Imlm+oulskaral f '
l-' ". Nurblxo I - 1 S , r l ` ro2vmraw ~ {
i I l26 e1Ee I I I I I I r 16 a Yyde I '
i I~ ~ i i __ I I ~ i t I I i
Exlstinghtgh-pressure gas Ilne would ba padlally under parkway. Conflicts could be avoided if pole
footings are located closer to the walkway then to the curb.
sting electrical duct bank would be directly under parkway, congicting with Iree roots and pole footings.
In order to clarify potential conflicts between 9l"and 14th Streets, Authority and SRJV committed to
providing a composite utility +street trees + lighting plan for utility design review.
14th - 17th Looking West -Existing
FEIR B modified:
19.5' lanes
e~
18'sidewalK~. ~ -~`.~~„„~', „_~~~,,.„ ,„~,
~ .,R98~wsy var,)e~„;,., „~„, ,,,ri~10'sidewalk
curb 6' ~ curb .5'
i10 ~~?f',„~ ~
~ varies-i------- -varies i-19.50' ~~ ~?:g 5.5':'
Parking
stripetl at
T wide -
~~
Page 8
City of Santa Monica Light Rail Integration Criteria far Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Curb-to-Curb
Roadway
1. Provide lane widths a shown in Table 3 and Figure 2.
2. Maintain 19'-6" wide curb lanes where curbside parking is to be provided except where curb
extensions are provided.
Curbside Parkin
1. Where removal of existing curbside parking is necessary, those parking spaces should be
replaced as close as possible to the same block of Colorado Avenue. It is anticipated that
some, but not all, displaced parking spaces may be replaced on Colorado Avenue by removing
left-hand turn lanes at intersections and by restriping the existing curbside parking on Colorado
Avenue.
2. Curbside parking shall be provided on the north side of the street from east of 5t" Street, except
where the curb lane is used as a right-turn lane or to accommodate turn radii (see below).
3. Curbside parking lane width shall be striped at 7'-0" wide.
4. Curbside parking spaces shall be striped at a spacing of 22'.
5. Curbside parking spaces proposed to be located within 20 feet of an alley or driveway must be
approved by the Principal Transportation Engineer.
6. Double-headed parking meter poles shall be installed, in coordination with the City, between
every 2 parking spaces plus an additional meter pole for any remaining single space, in order to
provide paved walkways to direct people exiting parked cars away from treading on the planted
parkways. Alternatively provision of multi-space meters may be allowed. Final design is subject
to approval of the Principal Transportation Engineer. Meter heads shall be installed by the City.
Curb Line and Curb Exeensions
1. Curb extensions shall be provided at intersections on street segments where curbside parking is
provided, except at 5~^ Street and Lincoln Boulevard. The Expo LR Authority will review this
design criterion for the north side of Colorado Ave. as it relates to replacement parking on side
streets, and ADA ramp requirements. The Fire Department has approved curb extensions for the
19.5' north side of Colorado and for side streets where turning radii can be provided per table
4.
2. Except along their corner radii, curb extensions shall extend into the roadway beyond the
primary curb face an additional 4' where the curb lane is 19.5' wide. Curb extensions that are
not located at bus stops should be 30-35' long, including the transition to the primary curb line,
as measured from the intersection of the property lines at the, corner. Curb extensions at bus
stops should be 75-55' long except where they would terminate within 10 feet of a driveway, in
which case they should extend to the driveway.
3. All corners and driveways shall be designed to accommodate single-unit 30' (SU30) trucks and
trash trucks. Required curb returns by condition are summarized in Table 4. Turning
movements shall occur within the roadway without swinging wide into the light rail trackway.
Where deviations are proposed, alternative treatments of the curb radius, the mountable curb,
and the trackway paving shall be submitted for City review and approval.
Page 9
City of Sanfa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Table 4 Required Curb Return by Condition (per national AHSHTO standards)
Minimum Curb Return
To Two To Wide Lane From Wide Lane To/From Curb
Colorado Lane Departure Lanes (>16'j on Cross (?16'j on Cross Lane on Cross
Wid[h on Cross Street Street Street Street Alley or Driveway
14' or 15' 15' 20' 25' Taper 25' Taper 12.5'
(taper on both (taper on both
ends of curve) ends of curve)
16' 15' 20' 25' Taper 25' Taper 12.5'
(taper on both (taper on street
ends curve) side of curve
only)
19' or 19.5', no 15' 15' 15' 20' 6'
curb a#ensions
19' or 19.5', with 20' 20' 20' if from L18' Taper 25' 12.5'
curb extensions lane; (taper on both
25' if from 16'- ends curve)
1T lane
Notes:
• "Taper 25"' = AASHTO specification of "Design for Specific Conditions (Right-Turns)" Fxhibit 9-22 Minimum
Traveled Way Designs (Single-Unit Trucks and City Transit Buses) -B-Minimum Simple Curve with taper
modified to 25' radius, offset 2', to accommodate 30' single-unit (SU30) truck.
• "Taper 12.5"' = AASHTO specification of "Design for Specific Conditions (Right-Turns)" Exhibit 9-22 Minimum
Traveled Way Designs (Single-Unit Trucks and City Transit Buses) -B-Minimum Simple Curve with taper
modified to 12.5' radius, offset 2'.
4. The curb returns at the southwest and southeast corners at 6th Street (serving buses turning
right into and out of the Big Blue Bus yard) shall be subject to the approval of Big Blue Bus and
Principal Transportation Engineer.
5. At the southwest corner at 7th Street, the curb return shall be 20' unless a proposed alternate
radius is approved by Big Blue Bus, and there should be no curb extension in order to
accommodate eastbound right-turning public transit buses.
6. Appropriate curb returns on the northwest, northeast and southeast corners at 17t^ Street will
depend on the ultimate alignment of the trackway as it curves through the intersection and of
the eastbound Colorado Avenue traffic lanes as they angle through the intersection, and should
be determined at the time of design, subjectto the approval of the Principal Transportation
Engineer.
7. The curb returns at other intersections with streets, alleys and driveways shall be as shown in
Table 4, depending on the width of the travel lane on Colorado Avenue, the presence or lack of
curb extensions, and the number and width of the lanes on the cross street.
8. All designs must include appropriate turning diagrams to ensure the adequacy of corner radii as
proposed. Any variance to these requirements is subject to the approval of the Principal
Transportation Engineer.
Page 10
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other CitySireets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Intersections
ADA Ramns
1. Except where physical constraints would require a property take of a building, a separate curb
ramp shall be provided for each crosswalk to provide a direct path of travel. Dual ramps are the
City standard.
Crosswalks
1. Marked crosswalks shall be provided at all streets intersecting Colorado Avenue within the
limits of work. The City's preference is for marked crosswalks at all corners.
2. Where the roadbed is asphalt, crosswalks shall be 14-foot wide "international" or "zebra stripe"
using 12"thermoplastic, except at locations where wider crosswalks are specified.
3. Where the roadbed is concrete, crosswalks shall be 14-foot "international" or "zebra stripe"
using 12" thermoplastic. Prior to installation of crosswalks, concrete must be sufficiently cured
to ensure proper adherehce of the thermoplastic.
4. At intersection corners where no crosswalk is provided, and as approved by the City, the
parkway shall be extended so landscaping (ground cover or a hedge) prevents a pedestrian
from crossing where it is not permissible. If this is not feasible, decorative bollards or fencing
could be considered using a design approved by the City.
5. At 17th Street, wider crosswalks shall be provided due to the anticipated higher volume of
pedestrian and bicycle traffic
Sidewalks
For purposes of these criteria, the sidewalk is divided into two parts: the walkway, which is located
adjacent to the ROW line, and the parkway zone which is located adjacent to and includes the curb.
Sidewalk dimensions shall be as shown in the cross sections in Figures 1 and 2 and in Tables 2 and 3
above.
1. In general, the City's standard for sidewalks width is a minimum.of 10 feet. Due to the
constrained Colorado Ave. ROW, consideration will be given for limited exceptions, with the
walkway and parkway distribution as shown in Table 3 above.
2. Any additional sidewalk width made possible through reducing trackway or roadway dimensions
approved by the City shall be added to the walkway.
3. No sidewalk shall be less than 8.5 feet wide, consisting of a 6-inch curb, a 4-foot wide parkway
zone (trees west of Lincoln and continuous landscaped parkways east of Lincoln) and 4-foot
wide walkway.
4. Where the roadway is widened and walkway is moved to the edge of the ROW, existing setbacks
on adjacent private property may have to be reconstructed. For example, where the setback
and 5' edge of ROW are currently combined into a landscaped berm, the berm will either have
to be re-graded, re-irrigated and re-planted or a retaining wall will have to be installed. To
accommodate building entries that are located at the ROW line, the walkway may transition into
the parkwayto minimize reconstruction.
5. To the extent practical, as properties redevelop, the sidewalk width shall be a minimum of 18
feet.
Page 11
City af5anta Monica Light Rail Integration Criteria for Colorado Avenue and Other CityStreeis Impacted by the
Canstruetlon of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Walkwavs
1. Walkway shall be concrete, broom finish, scored at approximately 5-foot intervals perpendicular
to the curb line. Where the walkway is wider than 5' 0", a longitudinal score line shall be
provided 5' 0" from the edge of parkway. Score lines shall be 1/8" wide i/a" deep sawcuts or
tooled joints.
Parkways -Soil in and Adjacent to Parkwavs for Street Trees and Groundcover
The City's policy is to provide conditions that will allow street trees to achieve their mature height and life
span so that they can provide the numerous well-documented benefits that a mature streettree canopy
provides. City standards designed to implement this policy include replacement of existing continuous
parkways and extensions where possible when streetscapes are replaced in mixed-use
(residential/commercial) areas, such as Colorado Avenue, and the use of Silva Cells (or equal) under
walkways where feasible to provide the necessary volume of uncompacted soil which is required to
accommodate root growth and the infiltration of water and air.
1. Obtain a soils report for all replacement and new parkways from certified soil laboratory. -Soil
shall be tested as specified by certified soil laboratory to determine its friability and need for
amendment or replacement.
2. Per City standards, provide uncompacted soil to a depth of 36 inches in all continuous
landscaped parkways by either 1) tilling the native soil to a depth of 36 inches, amending it as
specified in the soil report if the soil report indicates that the native soil may be used, and
compacting it to 75-80% or 2) removing and replacing the native soil to a depth of 36 inches
with amended soil approved by certified soil laboratory if the soil report indicates that the native
soil should be removed and replaced, and compacting it to 75-80%.
3. Per City standards, "Root Barrier" or other material that would restrict root growth or the flow of
water may not be used within 10 feet of streettree, including beneath a street tree. Utilities
that are less than 18"diameter would not typically restrict root growth or water flow.
4. As applicable, install soil-filled Silva Cells (or equal) under the walkway within 10 linear feet or
more if required, depending on species, of each street tree except within 24 inches of a building
foundation, except where utilities are located under the walkway as specified in provision 4
under Telecommunication/Fiber Ontics/Other Cable Systems. Silva cells or equal, where
utilized, are to be installed per manufacturer's specifications (Deeproot.com) and in quantity
and configuration, to. be approved by the City, as designed by a certified arborist to ensure
optimal support for tree health and growth potential.
5. Soil-filled Silva Cells (or equal) may also be used for stormwater infiltration within 20 feet of a
street tree, including in the parkway, provided the installation meets the stormwater Infiltration
criteria and subject to OSE approval. Note that the use of soil-filled Silva Cells in the parkway
may prohibit the use of contiguous soil-filled Silva Cells under the adjacent walkway where
buildings are proximate.
6. Silva Cells or other "egg crate' stormwater infiltration structures which are not filled with soil
may not be used within 20 feet of a street tree, including beneath a street tree.
7. In addition to Silva Cells or equal, auger drilled pits, sized appropriately and filled with gravel,
shall be provided where feasible to facilitate drainage and improve tree health. As feasible or
necessary, pits shall be drilled at an angle towards the street and away from adjacent buildings.
Parkwavs -Finished Elevation and Access
1. The finished elevation of the soil in the parkway shall be within 1" of curb and walkway
finished elevation so that, after plants and mulch have been installed, the parkway is
walkable and does not create a trip hazard.
2. A 4-foot wide walkway shall be provided across the parkway at the location of each
Page 12
City of Santa Monica light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
double parking meter or between every two parking spaces.
Parkways -Irrigation
1. All trees and parkways shall be irrigated.
2. Parkways shall be irrigated using recycled water, if available.
3. The irrigation system for standard landscape plant material shall conform to the City's Parkway
Policy and water conservation ordinance, which does not allow sprinkler heads to be placed
within two feet of pavement. The system should be designed so that there is no overspray from
any of the heads. It is recommended that a buried in-line drip system, such as Netafim, be
installed to meet these standards.
4. As an alternative where in-line drip irrigation is not provided, trees shall have two bubbler heads
installed per tree. All trees shall be on separate circuits from the rest of the system.
Parkwavs -Planting
1. Street trees shall be planted as specified below.
2. Drought-tolerant groundcover that is able to withstand/tolerate repeated foot traffic and/or low-
growingand shall be planted to provide full cover of the parkway within 18 months of planting.
The groundcover shall be specified by the City. Assume 1-gallon plants installed 18" on center
in a triangular pattern.
3. No groundcover or plant material of any kind may be planted within 2' of any tree trunk.
Street Trees and Private Setback Trees
1. Where removal of a Cupaniosis anacardioides (Carrotwood) tree is required, it shall be removed
and replaced at a 2:1 ratio with 36" box trees, species as mutually agreed upon by City and
Authority. Replacement trees that cannot be accommodated on Colorado Avenue shall be
planted in locations specified by the City.
2. Where removal of a Metrosideros excelsa (New Zealand Christmas) or other tree or palm is
required, it shall be relocated to a location specified by the City and replaced as described
herein. 2:1 replacement is not required in this case.
3. Replacement trees shall be 36" box size and of a species/cultivar that grows to medium height
(40') level approved by the City.
4. Trees shall be tagged by the City's Community Forester at a nursery recommended by the
contractor prior to delivery.
5. Street trees shall be planted in the pattern and spacing as mutually agreed upon by City and
Authority.
Utility Boxes
1. Specific locations of below-ground utility boxes are subject to case by case approval by the City.
To provide continuity of landscaping in the parkways, below-ground utility boxes (gas, water,
electrical, street lighting, traffic signal or fiber optics) shall be located if possible in the walk
strips located in the parkway near parking meters. Subject to approval by the City, the below-
ground utility boxes may be located in the walkway portion of the sidewalk if Silva Cells or equal
are not installed under the walkway. Also subject to approval of location, meter boxes may be
installed in the parkway, either directly adjacent to the back of curb, or in the center of the
Page 13
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
parkway, but may not be grouped together in a manner that compromises the parkway
landscaping.
2. Existingtraffic signal and street lighting pull boxes affected by project construction shall be
replaced and relocated within the sidewalk area.
3. To the greatest extent possible within the appropriate accepted design standards, above-grade
traffic signal controller, electrical and irrigation boxes and equipment shall be located in the
cross streets and not on Colorado Avenue, consistent with recent 2ntl St. and Broadway
installations. A paved pad will be provided around any equipment subject to the approval of
the City's Principal Transportation Engineer.
Bus Stoos
1. Existing bus stop signs and furniture affected by project construction shall be removed and
replaced in kind. Contractor shall coordinate this replacement in accordance with the City's
adopted bus stop furniture program.
2. The contractor shall coordinate with the Big Blue Bus on installation of bus shelters, benches,
canopies, signs, maps and other furniture not currently located on the sidewalk.
3. Concrete sidewalks to accommodate. bus stops shall be provided in place of parkways as
appropriate for the bus stop type.
Guidelines for Street and Pedestrian Lights
1. Where center OCS poles occur, street (roadway) and pedestrian lights shall be installed on the
sidewalk in an alternating pattern to meet IESNA standards for high pedestrian conflict areas
and to accommodate LRT, vehicles, pedestrians, and bicyclists. Every intersection shall be
illuminated by four (4) roadway lights in accordance with IESNA standards.
2. High voltage (Series Circuits) street lighting affecting Colorado Ave. shall be converted to
(Multiple) circuits per City standard.
3. The bicycle path along the off-street alignment, including aerial alignment, shall be illuminated
by pedestrian lights appropriately spaced to meet IESNA standards for walkways and bikeways
as approved by Metro.
The street and pedestrian lights shall match the standard on Broadway and Santa Monica in
Downtown -bulb type and wattage to be specified as color corrected in accordance with City
standards for each specific type of light. The tapered pole and decorative skirt are to be provided to
SRJV by the City. New LED lamp technology with equivalent or better performance criteria are
recommended and will be considered as alternatives to traditional metal halide tamping to meet the
following performance criteria:
1. Luminaire to be engineered to minimize glare
2. Final submitted fixture manufacturer to provide complete photometric study and Luminaire
performance criteria for reviewand approval prior to release of order
3. Installation instructions to be submitted far review and approval for ease of maintenance
requirements
4. Pole base detail to allow maintenance and access to power receptacles through manhole.
5. Luminaire Performance: 150W Luminaire at minimum 65.4%efficiency, type III IES distribution
6. Alternating Roadway/Pedestrian and Pedestrian only pole types (staggered across roadway) to
achieve target illuminance at pole spacing 60' +/- 20' o.c., nominal.
Page 14
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light 12ai1 Phase II .
Revised Draft -September 7, 2011
Project Target Illuminance to meet the following IESNA standards:
• Street Lighting, IESNA, RP-8-00, Table 2
• Street Intersections, IESNA, RP-8-00, Table 9
• Sidewalk and Bicycle Pathways, IESNA, RP-8-00, Table 5
• Underpasses for Sidewalks and Bicycle Pathways, IESNA, RP-8-00, Table 8.
8. For continuity between the project light poles and new City lighting standards, the City may opt
for decorative skirts as a betterment. If the decorative skirt cannot be fabricated adequately to
maintain a slender profile, the City would consider a decorative embossed treatment that is
integrated into the pole itself and that replicates the existing standard skirt.
9. When a center OCS pole is used, the roadway and pedestrian light should match the City
Standard fixture described in the standards above (see Street and Pedestrian Lights, #4).
Utilities
This section establishes Civil Engineering Criteria for design and relocation of utility systems to be integrated
in the design of Expo Phase II Light Rail Transit (LRT). City utilities are listed first, followed by non-City
utilities, i.e., gas, power, and telecommunications, fiber options and other cable systems. This section
establishes minimum dimensions required to assure proper clearances between subsurface utility lines and
transit structures, and specifies minimum earth cover to be maintained above subsurface utilities.
General
1. Existing utilities that run parallel to the track within the public street that require relocation shall
be relocated within the City's "designated utility corridor" (as described in the 91h -141^ cross
sections in Figure 2) . City-owned utilities (rather than utilities owned by private or other public
entities) shall have preferential location in the roadway at a minimum of 10 feet horizontal
distance from the outside rail.
2. Existing main lines that cross the rail track shall be sleeved or encased as approved by the City
10 feet from the outside rail on both sides and underneath the trackway.
3. For utilities located in the walkway or in the parkway that require relocation, the parties shall
endeavor to relocate such utilities outside of the parkway, within the public right-of-way and
outside the trackway.
4. Sleeving and encasement shall be designed taking into consideration use and maintenance
needs as well as anticipated loads from transit structures and tracks and live loads imposed by
the light rail transit facilities.
5. Utility service to adjoining properties shall be maintained at all times by protecting facilities in
place, or by providing alternative temporary facilities. Utility services to adjoining properties that
cross the trackway shall be constructed per Metro and City standards and are subject to City
approval
6. The minimum utilities separation distances shall be measured from the nearest outside edge of
each pipe.
7. Empty conduits (8" or smaller), stub outs, and pull boxes are to be provided by the City. The
Authority's contractor shall install utility sleeves, with pull ropes, running north/south for future
utility connections at intersections and at every block or as determined by the City. Depth is to
be approved by the City of Santa Monica:
Page 15
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Water
1. Water mains shall have no less than 36 inches of cover over the top of the pipe in public streets
or alleys.
2. All maintenance, relocations, and restoration of fire hydrants and service laterals feeding the
fire hydrants shall conform to regulations and design standards of City of Santa Monica Fire
Department and Public Works Department.
3. All new water mains crossing any transit structure and tracks shall be designed to withstand
loading from structures and tracks.
4. It shall be verified that all existing water pipes crossing under any new tracks and structures can
withstand loading conditions from structures and tracks.
5. Per Department of Public Health's Waterworks Standards, California Code of Regulations, Title
22, Section 64630 Chapter 16, new water mains shall be installed per criteria below:
a. At least 10 feet horizontally from, and one foot vertically above, any parallel pipeline
conveying sewage, disinfected secondary recycled water or hazardous fluids such as fuels,
industrial wastes and wastewater sludge.
b. At least 4 feet horizontally from, and one foot vertically above, any parallel pipeline
conveying disinfected tertiary recycled water and storm drainage.
6. If crossing a pipeline conveying a fluid listed above, a new water main shall be constructed no
less than 45 degrees to and at least one foot above that pipeline. No connection joints shall be
made in the water main within eight horizontal feet of the fluid pipeline. The minimum
separation distances shall be measured from the nearest outside edge of each pipe.
7. Where water distribution facilities cross the track alignment, emergency isolation valves shall be
installed outside of the rail corridor.
8. Clearance exemptions can be granted by the City Engineer if a new water main is installed in a
manner that minimizes the potential for contamination, including, but not limited to
encasement or sleeving the newly installed main or utilizing upgraded piping material.
9. New water main lines shall be ductile iron pipe.
10. Services to adjoining properties shall be maintained in place by protecting in place, or by
providing alternative temporary facilities. Where existing fire services with single check valve in
a vault within the public right-of-way are disturbed, such fire services should be be upgraded to
meet current Health Department requirements where feasible: Provide Double Check Detector
Assembly (DCDA) above grade and within private property where feasible to meet City and
County standards. The assembly may be installed within the public right of way with the City's
approval on a case by case basis. Existing above ground assemblies currently located within the
public right of way are to be relocated to public or private right of way only if impacted by the
Light Rail Project and affect the operation of a fire life safety responder.
11. Water main laterals crossingthe rail corridor are to be coordinated in a betterment request between
the City and the Authority.
Recycled Water
1. Connect to existing recycled water main in south side of Colorado Avenue and install main line
crossings under trackway to extend to north right-of-way of Colorado Avenue at two locations to
be approved by the City of Santa Monica.
Sanitary Sewer
1. New and existing sanitary sewer mains that run parallel to trackway or cross under the rail
alignment shall be sleeved or encased and/or provided with adequate cover and protection for
anticipated loads from transit structures and tracks. For design of utility encasement
consideration shall be given to use and maintenance needs as well as live loads imposed by the
light rail facilities.
Page 16
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase fl
Revised Draft -September 7, 2011
2. Sanitary sewer lines shall not be installed in the same trench as, and shall be at least 10 feet
horizontally from, and one foot vertically below a parallel water main per California Code of
Regulations, Titie 24, Sectiori 64630 requirements.
3. If a sanitary sewer line crosses a water main, then the water main shall be constructed no less
than 45 degrees to and at least one foot above the sewer pipeline. No connection joints shall
be made in the water main within ten horizontal feet of the sewer pipeline.
4. Sanitary sewer main and laterals servicing adjoining properties shall be maintained at all times
by protecting in place, or by providing temporary facilities.
5. Temporary sanitary sewer piping provided shall be of adequate size and shall meet or exceed
current design standards and capacity.
6. All temporary sewer facilities provided by the Contractor during construction shall be removed
and replaced with new permanent facilities and shall meet or exceed current design standards
and capacity.
7. Sanitary sewer mains shall be designed to maintain minimum velocity of 2 feet per second and
to not exceed a design flaw over 50% of pipe diameter at peak design flow.
8. Sanitary sewer service laterals shall be designed to slope at a minimum of 2%.
9. Sewer mains shall be installed at north and south sides of trackway. All existing and future
laterals shall be constructed per City standards and any deviation subject to City approval.
Storm Drains (City-Ownedl
1. New and existing storm drain lines that run parallel to trackway or cross under the rail
alignment shall either be relocated or protected in place based on Los Angeles County
Department of Public Works requirements.
2. Catch basins, utility drains; subsurface drains, or trackway drains shall not be connected to
sanitary sewer system.
3. Existing storm drain facilities shall be maintained at all times, by protecting in place, or by
providing alternative temporary or permanent facilities or by diverting flows to other points as
approved by the facility owner.
4. All temporary storm drainage facilities used during construction shall be removed and replaced
with new permanent facilities that shall meet or exceed current design standards and capacity.
5. Stormwater (urban runoff) mitigation system to mitigate the first flush storm water event (0.75
inches of rainfall) shall be designed using the criteria as described in the section "Storm Water
Mitigation." This system shall be separate from the trackway storm drainage system designed
fora 50-year storm frequency.
Stormwater Mitigation
1. The project shall comply with SMMC Chapter 7.10 Urban Runoff Pollution New Ordinance No.
2317. for construction activities and post construction Best Management Practices (BMPs).
2. Post construction BMPs shall capture and mitigate the first flush stormwater event (0.75 inches
of rainfalq..
3. Stormwater mitigation shall be achieved in the following order of preference and subject to City
approval:
a. Convey first flush runoff to infiltration trenches adjacent to the project area within one block
south, for example, under the center of the alleys or in the cross street parkways.
b. Infiltrate adjacent to the project area within one block to the north (note: this is not
expected to be practical).
c. Proposed alternative.
Page 17
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
d. Pay in-lieu fee.
Any proposed infiltration design shall be subject to approval/recommendation of project
geotechnical engineer.
4. First flush stormwater runoff from the trackway shall be collected by means of channel drains
located within the rail right of way. These channels shall be sized to capture runoff from the
0.75" event with overflow provisoon designed fora 50-year storm and shall be installed at a
minimum of two locations per block.
5. The catch basin shall be sized to meet the Urban Runoff Pollution Ordinance.
6. Where applicable or if used on the project, it is recommended that infiltration trenches be
installed at an adequate horizontal distance from the existing and proposed structures and their
footings so as not to adversely impact the foundations.
7. Where applicable or if used on the project, in locations where existing buildings are built up to
property line and the minimum horizontal clearance cannot be achieved, then in those cases
the infiltration trench must be installed at a depth sufficiently below the lowest building
foundation level, subject to the approvals required by 3. above
8. Where applicable or if used on the project, minimum horizontal and vertical separation
distances between the infiltration trenches and existing and proposed structures shall be per
the recommendations for stormwater infiltration design provided in the project geotechnical
report.
Gas
1. Removal, installation, and connection of temporary or permanent gas mains shall be in
accordance with the Southern California Gas Company specifications and requirements.
Power
1. All maintenance, relocation, and restoration of electrical ducts and vaults shall conform to
regulations and design standards of Southern California Edison.
2. City may endeavor to require any existing duct banks located in the sidewalk or in the parkway
to be relocated within the designated utility corridor in the roadway by utility owner without any
schedule impacts to the Authority. All relocated conduits and duct banks shall be encased in
concrete in accordance with Southern California Edison design standards.
Telecommunication/Fiber Optics/Other Cable Systems
1. All maintenance, relocations, and restoration of communication cables and conduits shall
conform to regulations and design standards of the telephone/communications company and
the City of Santa Monica
2. Minimum earth cover over the top of conduits or cable systems shall be in accordance with the
requirements of the telephone/communicationscpmpany.
3. Where street curbs are to be relocated, street lighting conduit, traffic signal conduit and fiber
optic conduit may be located under the sidewalk (between the curb and right-of-way line). They
should be located under the paved walkway where feasible, in which case Silva Cells or an
arborist recommended equivalent need.not be installed under the portion of the walkway under
which utilities are located. If the utilities cannot be located under the walkway, they should be
located within the parkway, either within 12 inches of the back of curb or within 12 inches of
the edge of sidewalk, in which case Silva Cell or equal must be installed under the sidewalk as
described elsewhere in these criteria. These utilities should have a 12-inch separation. If that is
not feasible, they may be spaced no closer than 6 inches apart.
Page 18
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
Light Rail Transit- Design Guidelines
A primary objective of the Design Guidelines is to minimize the addition of LRT elements to avoid visual
clutter in the urban environment, which include the street, sidewalks, intersection corners and
pedestrian-oriented public spaces. The major contributors to visual clutter are the, presence of large
and/or tall OCS poles, in combination with an excessive amount of catenary wires overhead, coupled
with redundant poles used for streetlights.
Colorado Avenue's OCS system should be modeled after examples that are the least obtrusive, such as
low-profile systems consisting of the fewest wires feasible. The OCS poles may need to be spaced more
closelytogether to enable this, but would be smaller and shorter, and still allow for Metro's anticipated
operating speed on Colorado Ave, based on the posted speed limit.
OCS Poles &Wires-General
1. To the extent feasible, the number of track crossovers on Colorado Ave. should be minimized to
avoid all of the extra associated catenary wire and hardware required.
2. The OCS poles that support the catenary wire where the tracks transition into the terminus
station (on Colorado between 4th and 5th) shall be compatible with the overall station design.
This may require a unique finish, color and base for these poles once their location and size are
determined. Their design is a potential betterment and will be subject to Metro criteria and the
City's approval.
3. The catenary wiring shall be designed to achieve the most visually unobtrusive solution along
Colorado Ave. The preferred catenary system is either a single contact wire or a low profile
contact system depending on the operational speeds required and Metro criteria.
4. All other OCS poles in the street-running segment of Colorado shall meet the criteria described
below.
span wire over the
street (left). San Diego light rail example of poles spaced more closely that support a single OCS
headway span over the trackway (right) -this approach shall be used along Colorado Ave. where side
poles are used.
OCS Poles & Wires on Sidewalk
1. Where side poles are used, OCS pole heights shall be a maximum of 23' when holding
pedestrian lights, and 26' when holding roadway lights and/or traffic signals.
2. Where side poles are used, OCS poles shall be as slender as possible (see the "Street and
Pedestrian Lights" section).
Page 19
Cify of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase (I
Revised Draft -September 7, 2011
3. Where side poles are used, a weight or tension pole system shall be used. The weight pole
system shall be similar to what is being built on Expo Phase I.
4. Where side poles are used, tension poles shall be located off Colorado Avenue where possible.
5. Where side poles are used, weight poles shall be located off Colorado Avenue where possible.
6. Where side poles are used, pole foundations shall be recessed into the pavement so no
anchorage is visible above the pavement.
7. Catenary power supply shall be overhead along the side poles when poles are located on the
sidewalk.
OCS Poles & Wires in Center of Trackwav
OCS poles located in the center of the trackway shall meet the following criteria:
1. The OCS pales shall be as slender and short as possible, similar to what has been achieved on
the Exposition LRT Phase I segment between Western and Crenshaw. Ideally the number of
poles would be minimized while retaining the desired appearance.
2. OCS poles shall use an underside bracket in order to keep the pole as short as possible. The
pole shall not extend further than the minimum vertical dimension required above the bracket
arms that supports the messenger and contact wire.
3. Subject to approval by Metro, the OCS poles shall be as slender as possible, tapered, and as a
betterment option, may be powder-coated to match the light standards on Broadway and Santa
Monica Blvd. in the Downtown Transit Mall.
4. The anchor plate and anchor bolts at the base of the pole shall not be exposed. The pole base
shall be counter sunk below the finished trackway level so the finished trackway slab can cover
the base plate and anchor bolts.
5.. Subject to approval by Metro, an upgrade color of the OCS pole and finial may be requested as
a betterment by the City.
6. Subject to Metro approval, the OCS poles shall not have signage mounted on them beyond the
minimum required by the City or CPUC.
7. Catenary power supply to the feeder poles should be provided by underground service.
Page 20
.City of Santa Moniaa Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
small and short with the underside
bracket arm support (this example is in a ballasted trackway and shows an exposed pole base or anchor
plate which would not be allowed along Colorado Ave if approved by Meiro).
Center Ocs Pole
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Page 21
City of Santa Monica Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
- Construction of the Exposition Light Rail Phase it
Revised Draft -September 7, 2011
OCS Svstem Design
The following City preferences are subject to approval by Metro.
1. The catenary wire system and tension system should utilize either end tension poles or end
weights as done for Expo Phase I. The tension system for Colorado Avenue shall be the most
unobstrusive tension system of the two.
2. The weight poles shall have tie-backs and the weights shall be hidden utilizing an architecturally
designed cover. They shall be located to the greatest extent possible in areas not very visible to
the public. The same applies to the tension pole system. The tension pole or weight system shall
be located off Colorado Avenue.
3. The OCS System design shall assume weight end poles to keep the tension in the wires
consistent for operation independent of the temperature ranges.
4. The weight end pole is preferred to have an architectural treatment to conceal the weights. The
tension end pole of the OCS system shall have a tie back anchor system so the horizontal
resultant of the load is transferred into the tie back and not by bending into the pole. The
tension pole and weight pole of the OCS system line shall be located preferably outside of the
Colorado Avenue right-of-way.
5. The City prefers that the catenary overlap system shall be located in the vicinity of the crossover
so some of the poles can bedual-function. The weight poles shall be located outside of the
curve in the station area and outside of the curve on the east end of Colorado Avenue leaving
the right-of-way.
6. The City prefers that the bracket arm support for the catenary contact wire alignment from each
pole support shall be from the inside fastened to the diagonal underbracket support of the
catenary arm. The catenary arm shall be only as long as necessary to support the contact wire
system and address the contact wire alignment issues which are necessary for the wear of the
vehicle's carbon contact arm.
7. The City prefers that the tension pole system should only be used if it can be proven it is as
efficient as the weight system in tensioning the contact wire system for the length of Colorado
Avenue.
Track Suooort Svstem
1. The track support system shall be designed to minimize vibration and noise in the adjacent
buildings.
2. The track support system shall be drained adequately and connected to the local storm drain
system. The flange way shall be drained as well to prevent sand and debris from accumulation
and flange running of wheels.
3. The track flangeway shall be in accordance with ADA regulations.
4. Wheel and rail wear, lateral wheel movements shall be allowed for in the width of the way side
depression to prevent wheel flange running. Depending on the final location of the scissor
crossover and the proximity to residential and commercial properties, lift over frogs may be
required to reduce the noise.
OCS Above Ground Eauioment and Sitrna~e
1. Limit number of above grade control boxes, cabinets, and other LRT equipment to avoid visual
clutter along Colorado Ave. The City will evaluate placement of these elements on a case-by-
case basis, and they shall be located in discrete locations to keep Colorado Ave. free of as many
above ground utility elements as possible. The color and finish of control boxes may be
requested as betterments by the City.
Page 22
City of Santa Monica Light Dail Integration Criteria for Colorado Avenue and Other Cily Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
2. Wherever possible, locate durable LRT equipment, such as impedance bonds or corrosion
control equipment, in underground vaults.
3. Upon approval by Metro, visual warning signage shall be minimized to the extent possible
without compromising safety, in the spirit of avoiding visual clutter.
Trackwav Design
1. Trackway paving shall be differentiated from the roadway as a baseline design element through
variation of texture or material, subject to approval by the City. In scenarios where the
mountable curb cannot be extended to back of walk, additional pavement treatments shall be
implemented to the section of track between the start of the mountable curb and back of walk.
As a betterment option, the City may consider natural concrete with embedded polished
stone/glass or other decorative elements to be specified by the City to further differentiate the
trackway from the roadway beyond the baseline.
2. As previously agreed to by Metro and subject to Metro final approval, the trackway shall have a
mountable curb that is as low, and rounded a profile as possible to allow emergency vehicles to
drive over it, but to dissuade automobiles from entering the trackway at any time, and subject to
approval by Public Works and Fire Department.
3. As previously agreed to by Metro and subject to Metro final approval, the outside face of
mountable curb (adjacent to the roadway) should be finished with a textured pattern that
provides some shadow for daytime visibility, and LED or reflectors that serve as a visual warning
for motorists at night. These treatments are preferred to painting the mountable curb yellow.
Metro has awarded the City a Metro Call Grant for these safety enhancements.
4. Fencing in the trackway shall only occur at T-intersections (9'", 10'", 12th, Euclid 15t", 16th) and
shall be designed by an artist as a public art component. Fences shall be a maximum of 4'-5"
high on average, and only as long as required to extend across the right of way of the cross
street for the purpose of preventing illegal left turns. Pedestrian crossings shall be
accommodated as appropriate and meet currentADA regulations. Metro has awarded the City a
Metro Call Grant for these fence enhancements.
visual contras[ from the
Gate Crossings
1. Gate crossing equipment shall be integrated into the existing streetscape design without
compromising the safety of pedestrians and vehicles crossing the trackway in conformance with
current CPUC regulations.
2. Where parkways exist, the gate crossing equipment shall be located within a parkway zone to
allow for low landscaping at the base. _ It should be designed to help deter pedestrians from
walking into the equipment, and encourage them to remain on the designated crossing paths.
Page 23
intersection, pedestrian and roadwayzones.
City of Santa Monica light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase 11
Revised Draft -September 7, 2011
3. Minimize any impacts on the adjacent properties when designing the gate crossing equipment.
4. Combine vehicular and pedestrian crossing arms and signal lights wherever possible to
minimize the number of poles at each crossing, as approved by Metro and CPUC.
5. Paint color submittals shall be approved by the City for related fences and gates. The City may
request an upgrade color as a Betterment.
integrated into the
TPSS Enclosures
1. TPSS enclosures shall not be sited in prominent locations to the greatest extent possible and
must be approved by the City. The Authority and Design Builder shall coordinate with the City for
approved locations and within allowable variance based on load flow analysis.
2. TPSS enclosures shall not front directly onto Colorado Ave., and shall beset back a minimum of
20' if possible to allow for a landscape buffer.
3. Access to the TPSS enclosure shall not be from Colorado Ave., but may be from a side street.
4. Chain link fence and barbed wire are prohibited as a permanent means of enclosure.
5. Enclosure walls may be constructed of metal or cast in place concrete as per Metro criteria or
burnished or precision concrete masonry units (CMU), but must be screened with vines that will
attach to the walls, for example, Ficus repens (Creeping Fig).
6. Generally the enclosures and surrounding areas should,be approached as an opportunity to add
green to the visual environment, while screening the utilitarian equipment required for traction
power.
Train Control and Communication (TC&C) Enclosures
1. TC&C enclosures shall not be placed so as to preclude the provision of two station entrances.
Page 24
existing landscaped parkway and walkway on a cross street.
City of Santa Monioa Light Rail Integration Criteria for Colorado Avenue and Other City Streets Impacted by the
Construction of the Exposition Light Rail Phase II
Revised Draft -September 7, 2011
3 AERIAL STRUCTURE
The Authority's FEIR includes a required grade separation over Olympic and Cloverfield Boulevards
between 20~ and 26rh Streets. The FEIR describes this as a combination of Mechanically Stabilized
Earth (MSE) wall supporting the trackway, with an open column/bridge structure between 26th and the
north side of Olympic Boulevard. The City requires the aerial structure be integrated into the existing
context to the greatest extent possible.
A key concern for the City is minimizing visual clutter as taller residential buildings and offices will have
direct views either across to, or down upon, the aerial structure.
1. The aerial structure should be as short in length and low in height as possible while maintaining
bike path clearances, the City's required vehicle clearances over the roadway, and meeting
Metro's operational requirements.
2. The aerial structure shall be designed to maximize the length of columns and bridge structure
(vs. MSE wall) between 26~^ St. and Olympic Blvd. MSE wall shall not be permitted in the area
between the east side of Cloverfield Ave. and the north side of Olympic Boulevard.
3. As applicable, the aerial structure design shall not preclude the provision of a bike and
pedestrian path with a minimum width of 17' when exclusively on Expo ROW and 22' when
adjacent to a curb in order to accommodate the City standard 10' sidewalk.
4. The aerial structure should be designed to avoid conflicts with power lines running overhead, or
underground utilities in the right of way, and must comply with CPUC and City Standards
regarding utilityseparations from structures.
5. MSE wall segments shall be planted at their base with vines so the concrete structure is
eventually screened per Metro and City landscaping & irrigatiolt standards. Screening may be
done with vines that will attach to the MSE structure, for example, Ficus repens (Creeping Fig).
6. The aerial structure shall be constructed using natural concrete consistent with Phase I; no
color concrete is allowed.
7. OCS poles shall be located in the center of the aerial trackway per the FEIR.
8. The MSE wall segments shall maintain clear setbacks for visibility from public sidewalks, bike
and pedestrian paths. MSE walls should be set back a minimum of 20' to 25' from the back of
10' wide sidewalk to provide visual openness for pedestrians and bicyclists who must navigate
around the structure near streets and pedestrian crossings.
9. The underpasses of the aerial structure, whether over a roadway, or along the off-street right of
way, shall be well lit to provide a minimum light level per IESNA as described in the lighting
section above for pedestrian vehicular underpasses.
Page 25
DRAFT
City Manager's Biweekly Update to Council
September 8, 2011
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Be Excited! Be Prepared: Santa Monica Constructs its Future. The City has officially launched a
robust communications and community outreach campaign entitled "Be Excited! Be Prepared:
Santa Monica Constructs its Future." This interdepartmental effort is designed to provide the
public with as much information as possible about upcoming capital improvement projects in
the City. The new "Be Excited! Be Prepared" web site, www.smconstructs.org, is now the single
place where Santa Monica residents, businesses, and visitors can go to stay up-to-date on all
key projects.
The new web site includes project descriptions and renderings, construction and meeting dates,
contact information, traffic and parking information, and access to Santa Monica's GO
Customer Service System. The communications effort also includes social media, personal
contact, and SM Alerts, a new system launched by the city that allows people to sign up for
urgent notifications (in the event of an emergency) and regular updates on topics of interest. A
new interactive map will also provide basic information about private development projects in
town. City staff is working actively with community partners to keep residents, businesses, and
visitors up-to-date and engaged on the progress of these projects.
I r .net
SM Alerts is launched. On September 6t'h the City's mass notification system, "SM Alerts" went
on line allowing the Santa Monica community to register for alternative methods to be
contacted in the event of an emergency. SM Alerts has the ability to contact the entire
community within minutes via telephone, cellular phone, a-mail, ortext message. In addition
community members will be able to sign up to receive community updates of their choice. An
extensive public outreach campaign is underway to encourage the community to sign up for
this important communication tool
In addition to notifying the community, SM Alerts will be used to contact City of Santa Monica
employees in the time of disaster or emergency. SM Alerts gives Department managers the
ability to contact all oftheir employees within minutes by utilizing an Internet based
communication portal. SM Alerts will replace the City's existing call back system.
Expo Lieht Rail Project Ground-Breakine Ceremony is set for September 12th. A ground-
breaking ceremony for the Expo Light Rail Project Phase 2 has been scheduled for September
12, 2011, at 9:30 a.m. at the future Terminus Station located on 4th Street and Colorado Avenue
here in Santa Monica. The event is being coordinated by Expo and is by invitation only.
Skanska/Rados, the design-builder for the Expo Light Rail Project, is currently completing
exploratory utility investigations on Colorado Boulevard and will complete this phase of the
work within the next two weeks. This work is critical for the ongoing design of the project.
Utility relocations on Colorado Ave will commence as early as October 2011. Social media
resources such as Facebook and twitter ((c~EXPOinSM) are being utilized for daily traffic and
construction updates for the public.
Expo Maintenance Facility Design Update -Community Workshop. On September 6,
Exposition Construction Authority officials held a community workshop to provide an update on
the Expo Line Maintenance Facility design process, share proposed design concepts, and collect
public input on design scenarios. Over 30 neighbors, residents and community members
attended the Virginia Avenue Park workshop to hear the update, vet concerns and talk with
representatives ofthe project design firm, Maintenance Design Group. Timothy Lindholm, a
Metro project manager, explained how the two proposed design scenarios addressed
community concerns about sound, lighting, sustainability, and. neighborhood integration
expressed at the June 30 community workshop. Since then, the design team went through a
design refinement process, including conducting a design workshop that included City staff.
While both scenarios presented were agreed to be improvements over the initial concept,
community members largely supported scenario 2. Expo. asked community members to vote,
and an initial tally conducted after the meeting indicated broad support (26 of 30 votes) for
scenario 2, with Lantana representatives as the minority favoring scenario 1. Scenario 2
includes one larger building rather than two smaller buildings (as proposed in scenario 1), which
offers greater sound and aesthetic buffering to the community. Scenario 2 retains the required
buffer zone area, but the buffer zone is configured somewhat differently than originally
proposed. Staff will provide details in an upcoming report to City Council since these design
proposals differ from the original concept design.
r
~ ~
The Sinele-Use Carrvout Bae Ordinance enters enforcement phase. On September 1 the city's
single-use carryout bag ordinance went into effect for some 1,900 retailers citywide. A full
public relations campaign was developed that included event activities, giveaways, retailer
information packets, display advertising and joint promotions with the Farmers Market, and
Santa Monica Place, to name a few. A website, sustainablesm.ors/bas, was developed for the
dissemination of all official program elements, including information for interested parties
worldwide. The retailers and the community were overall prepared and receptive to the new
rules. Additionally, the city launched the Share A Bas Prosram in mid-July. The program serves
as both a distribution point for new bags and an exchange for donations of clean, lightly used
bags. The long-term success of the Share A Bag program rests upon community donations of
unwanted bags. If the experimental approach works the program could grow from its existing
twenty locations and become a model for other communities.
Santa Monica Farmers Market 30`h Anniversary. The Santa Monica Farmers Market is
celebrating its 30th anniversary by partnering with FamilyFarmed.org tolaunch the Good Food
Festival & Conference on September 14-18. This unprecedented multi-day festival showcases
locally and sustainably produced food and innovative leaders from the good food movement. It
will focus on regional and national issues integral to building local food systems, supporting
California family farms, and educating people and families about the benefits of good food.
Participants include some ofthe nation and region's most distinguished farmers, chefs, artisan
food producers, thinkers, and food entrepreneurs. The event consists of five days of speaker
panels, chef demos, exhibitor trade and consumer shows, food policy summit, and film
screening, plus a "Localicious Gala" party on the ocean. The schedule of events is at
goodfoodfestivals.com.
Pedestrian Warnine Devices. The City will be conducting experiments with two new pedestrian
warning devices at marked uncontrolled crosswalks. The goal of these new devices is to
increase driver awareness at uncontrolled crosswalks and increase crosswalk compliance
rates. Both devices are variations on the Rectangular Rapid Flashing Beacon (RRFB), which are
pole mounted devices on the sides of the street that use high-intensity LED-based indications
that flash rapidly in awig-wag "flickering" flash pattern. These new devices have been highly
successful in other states, and the State of California has approved Santa Monica's request to
experiment with these new devices. The new devices will be evaluated over a period of one
year at two intersections on Santa Monica Boulevard.
Grant Received for Michigan Avenue Neiehborhood Greenway. The Strategic and
Transportation Planning Division was recently awarded an Environmental Justice (EJ) Grant by
Caltrans to conduct extensive public outreach and complete conceptual designs of the Michigan
Avenue Neighborhood Greenway. EJ Grants are awarded to promote the participation of low-
income and minority populations in planning transportation projects that enhance the quality
of their neighborhoods while improving mobility and safety. Running through the Pico
Neighborhood, the Greenway could provide a superior connection for bicycles and pedestrians
while providing traffic calming benefits for the neighborhood. This project would provide a safe,
high-quality corridor that allows cyclists to directly access important destinations such as
Bergamot employment centers, Exposition Light Rail stations, Santa Monica College, Santa
Monica High School, downtown Santa Monica, Santa Monica Civic Center and the beachfront. A
total of $138,600 will be paid by Caltrans with an additional local contribution of $15,400. The
project will kick off in early 2012. The Strategic and Transportation Planning Division continues
to pursue grant opportunities to fund the construction of the Greenway.
Annual Paving and Sidewalk Repair Proiect. The Annual Paving and Sidewalk Repair Project is
currently bidding. Approximately 15 miles of streets in the Ocean Park area and various other
locations throughout the City will be resurfaced and estimated 750 sidewalk locations
throughout the City will be replaced. Construction is expected to start in November 2011 and
last about 12 months. The project is phased, with the Ocean Park paving scheduled to be
complete by March 2012. This is a $5 million project with funding provided by the General
Fund, Measure-V, Redevelopment Agency, and Water and Wastewater Funds as well as
miscellaneous grants such as Proposition C and the Recycled Asphalt Concrete (RAC) grant.
3rd Court Water Main Replacement. The contractor for the 3`d Court Water Main
Replacement Project will. be performing water main replacement work in the downtown area at
3`d Court between Broadway and Wilshire Boulevard beginning in early September. This work
includes installation of a temporary bypass water main and services, removal of existing pipe,
installation of new main and services, and restoration of the pavement. The work will be
phased so the community will not be affected more than one block at a time. Public Works
staff and the contractor are coordinating temporary water shut-downs with local businesses to
minimize the impact on their ability to operate.
City Plannine Improves Website with new Current Proiects List. The City Planning Division has
updated their website to provide up-to-date information concerning Current Projects. The
newly enhanced Current Projects list now allows users to be aware of proposed projects in
certain neighborhoods and provides links to project summary sheets providing information
about relevant city staff contact information, project status, hearing dates, and project location
maps. The riew Current Projects link will also corinect to the Be Excited, Be Prepared website
that has just launched. The Current Projects list can be seen at:
http://www0l.smROV.net/planning/planningcomm/currentproiects.html
It is anticipated that this enhancement will help improve both internal and external
communication with our customers and help the City Planning Division continue to "Do the
Right Thing Right"!
SMPD Incident Command Svstem Activated. The Santa Monica Police Department responded
to two incidents this month where the Incident Command System was put into operation. On
August 16th the department received a call regarding an "active shooter" on Santa Monica
College campus. Officers were on scene within 30 seconds of the call being dispatched and set
up a command post and press area at the southeast corner of 14th and Pico Blvd. Santa Monica
College and Fire Department participated at the command post while SMPD personnel
conducted a search of the campus. Officers located construction workers utilizing a RAMSET
tool which was likely mistaken for a firearm. There were no suspects or victims in this incident.
On August 29th, officers responded to the area of 21ST and Navy St regarding a plane that landed
into a residence. Police department personnel arrived and established a perimeter around the
incident. A Unified Command Post was established at 2155 and Marine Ave where fire and police
personnel worked together to contain the scene while NTSB and FAA arrived to conduct an
investigation.
Photo. by Santa Monica Daily Press
Community Shred Event. The City hosted its third Community Shred Event on July 23rd at
which residents were invited to bring their unneeded, sensitive documents and records to be
properly shredded by a licensed and bonded document destruction specialist. Over 310
residents turned out for the event, bringing an estimated 18,900 pounds of material that was
cross cut into tiny pieces. The shredded material will be fully recycled into new paper products
while helping to keep our community green. In addition to the free paper shredding, the City
also collected 4,100 pounds of electronics from residents. Used electronics contain a variety of
materials that can be recovered and recycled. Residents who missed this event have another
chance to participate at the next event scheduled in October.
National Night Out. The Santa Monica Police Department's celebration of "National Night Out
Against Crime" was held on Tuesday, August 2nd, in front of the Public Safety Facility. The giant
block party celebrated the department's success in keeping the city safe by fostering
partnerships with the residential and business communities. Attendance was estimated at
1,000 people.
This year, the event's secondary theme was emergency preparedness. The new Office
of Emergency Management had an information booth and emergency kits were offered
for sale by the Red Cross and Emergency Cafe. Many local businesses donated food,
refreshments, and other items which were given to the public for free. The first S00 to
register at the event also received a free mini flashlight from SMPD Community
Relations.
Jeff Michael, award-winning broadcast journalist, news anchor-reporter for KTTV's FOX
11 ten o'clock news, showed his commitment to the community by volunteering as the
master of ceremonies. The weather was picture-perfect and the event was a huge
success.
City of Santa Monica's Compost Giveaway Features Used Burlap Coffee Sacks. Four times
each year, the Resource Recovery and Recycling Division hosts a compost giveaway that is open
to all Santa Monica residents. The compost is free to residents as a thank-you for diverting
leaves, brush and other yard clippings from the landfill by setting them out for collection in the
City's green cart program.
On August 27th over 225 residents attended the third giveaway of the year and carted away
more than 50,000 pounds of compost. In an effort to make the event even more eco-friendly,
staff obtained hundreds of used burlap coffee sacks donated by LA MILL Coffee in Alhambra
(www.lamillcoffee.com). The bags provided residents with a sustainable way to carry the
compost home. Residents were reminded to reuse the bags or return them to the City to be
used at the next event. The City will host another compost giveaway in January. Information on
the specific dates and times will be available in late December.
ALMA Awards comes to the Santa Monica Civic. The Santa Monica Civic Auditorium is hosting
the American Latino Media Arts Awards (ALMA) on September 10, 2011. Established by the
National Council of La Raza, ALMA pays tribute to the pioneering Latinos in television, film and
music. The show applauds the enriching contributions that Latinos make to American culture
and celebrates Hispanic heritage. Eva Longoria and George Lopez will host the event which will
air on NBC on Friday, September 16, at Spm. Loews is the host hotel fortalent, guests and staff
and Santa Monica Place is the site of the award show after party on September 10.
2011 Los Angeles Architectural Awards. The Los Angeles Business Council (LABC) hosted the
41st annual Los Angeles Architectural Awards, recognizing the project teams responsible for the
City's very best architecture. Selected by a jury of 14 notable design and building professionals,
the winning projects cut across a wide range of building types, from commercial office spaces
to affordable apartment complexes to sports arenas. The call for entries went out in January
2011 to more than 7,000 industry leaders. From the hundreds of submissions received, the jury
selected 36 winning projects in 20 overall categories. Three Santa Monica projects were
awarded this prestigious honor:
Multi-Family Market Rate Category: The Village. Architects: Moore Ruble Yudell
Architects & Planners, and Koning Eizenberg. The Village design neighborhood is
envisioned as a new prototype for socially diverse urban living: one that challenges
conventional ratios of affordable to market-rate housing and includes integrated
community open space, the "living street", neighborhood retail, and artist loft housing.
Retail Award: Santa Monica Place. Architect: The Jerde Partnership, Inc. The most
transformative piece of the design was the removal of the existing mall's roof, creating a
tangible connection to Southern California's climate, while introducing important
sustainable features. A new grand public plaza is a signature element, serving as the
heart of the project on the main level, while providing a vibrant gathering space in sync
with Santa Monica's cutting edge, creative community. The development process also
involved the installation of new retailers and restaurateurs better suited to the area's
residents, while gourmet food purveyors such as The Market are located on the rooftop
dining deck.
Nospitafity Category: Shore Hotel. Architect: Gensler. A stainless steel-clad trellis
over the street-side of the courtyard unifies the two wings of the main building and
creates a sense of urban space, an outdoor "living room." Replacing two aging Santa
Monica motels, both within walking distance of the beach and Third Street Promenade,
the Ocean Avenue Hotel completes the profile of the city's scenic oceanfront street with
a contemporary design that adds moderately priced rooms to the market.
CityTV wins its 11th Emmv® Award. CityTV has taken home an Emmy® award in the Public
Service Announcement (PSA) category for the second year in a row. The PSA done for the "Toy
Loan Program" was produced as part of a partnership with the Women in Film PSA program
which is now in its fourth year. The Women in Film PSA program has produced over 100 PSAs
for local non-profit organizations in its fifteen year history and this is their first Emmy® win. The
PSA promotes the Toy Loan Program of LA County and is a project done with the LA County
Channel.
Rosie's Girls is recoenized with Award. The League of California Cities' 2011 Helen Putnam
Awards for Excellence has selected Rosie's Girls of for the Ruth Vreeland Award for Engaging
Youth in City Government. Established in 1982, this award recognizes outstanding cities that
deliver the highest quality and level of service in ten categories. The Ruth Vreeland category
specifically looks for programs that engage youth about city issues and their community,
promotes youth understanding of local government and good citizenship. As an award
recipient, Rosie's Girls will be showcased at the League's 2011 Annual Conference in San
Francisco and an award presentation in Santa Monica will be planned with the League's.
Regional Public Affairs Manager following the conference. Rosie's Girls is designed for middle
school girls to build self-esteem, physical confidence and leadership through an exploration of
the trades and other non-traditional activities. The program also includes creative expression, a
community service project, physical challenges and critical thinking about gender equity. For
more details, visit Rosie's Girls online at www.rosiesairls.smgov.net: