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SR-06-11-2013-3PCity Council Meeting: June 11, 2013 Agenda Item: ALL To: Mayor and City Council From: Kathryn Vernez, Deputy City Manager - Special Projects Martin Pastucha, Director of Public Works David Martin, Director of Planning and Community Development Subject: Approval of Bikeway License Agreement with the Los Angeles County Metropolitan Transportation Authority Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Bikeway License Agreement with the Los Angeles County Metropolitan Transportation Authority (Metro) as well as other ancillary agreements that may be necessary to carry out the Bikeway License Agreement. Funds to maintain and operate the Bikeway are estimated to be $100,000 per year and will be included in future annual operating budgets starting in FY2015 -2017. Executive Summary The Exposition Corridor Bike Path Project is a regional commuter bike path that, when completed, will connect Downtown Los Angeles to Santa Monica. The project is located within the Metro -owned Exposition right -of -way adjacent to the Exposition Phase 2 Light Rail and includes 1.3 miles within the City of Santa Monica. A bicycle path and pedestrian walkway (`Bikeway ") are to be constructed within the City. The City intends to operate and maintain the Bikeway, once completed, as part of an agreement with Metro to have the bikeway built. The License Agreement would allow Metro to grant the City a non - exclusive license for the use, operation, alteration, maintenance, security, reconstruction and /or removal of the Bikeway. The annual maintenance cost is estimated at $100,000 which includes landscape, sweeping, hardscape repairs, electricity costs, paving, signage, and striping maintenance. Funds of $100,000 per year would be included in future annual operating budgets starting in FY2015 -2017. Additional security costs are not anticipated at this time. The License Agreement is related to the payment agreement with Metro authorized by the City Council on January 24, 2012. The payment agreement transferred project sponsorship of the Expo Bikeway to Metro. The payment agreement was formally executed with Metro on April 25, 2013; however, Metro has indicated that the Bikeway License Agreement must also be executed before release of funds to the Exposition 1 Metro Line Construction Authority ( "Expo ") for the Bikeway design /build contract. Staff recommends authorization of a Bikeway License Agreement with Metro for this purpose. Background Metro has contracted with Expo to design and construct an approximately 4.5 mile commuter bicycle pathway and pedestrian walkway, and in some locations, a multi -use path, in conjunction with the Exposition Metro Line construction project. This bikeway /walkway is part of the Exposition Boulevard right -of -way regional bikeway (Metro's Bicycle Master Plan, 1995) that connects Downtown Los Angeles to the City of Santa Monica traversing through the cities of Los Angeles, Culver City and Santa Monica. On January, 24 2012 Council authorized a funding agreement to transfer project sponsorship of the Exposition Boulevard Bikeway project to Metro and authorized Metro to invoice the City for a local match obligation. This agreement has been executed by Metro and the City. Discussion Metro owns the property located along the Exposition Metro Line transit right -of -way alignment. The City's operation and maintenance responsibility would be limited to the area that is between the east facing Centinela Bridge abutment located within the City of Santa Monica and 17th Street, as shown in Attachment A. The bicycle path and pedestrian walkway, appurtenant improvements, drainage facilities, lighting system, irrigation system and all landscaping materials, referred to as Bikeway, are to be constructed by Expo. Metro has requested that a license agreement be executed with the City prior to the start of construction in order to secure assurance that the City intends to operate and maintain the Bikeway, once completed. As a supplement to the Bikeway License Agreement, which is between the City and Metro, Expo has agreed to a process by which the Bikeway will be turned over to the City. The process will generally consist of the following elements: 2 1) Certification from the design /build contractor's Quality Manager and Engineering Manager that the Bikeway has been designed in accordance with the contract and constructed in accordance with the design; 2) Receipt of all required governmental approvals (e.g. improvements in City right - of -way, California Public Utilities Commission) by the design /build contractor; 3) Joint Comment Resolution process between City and Expo for any field changes before they occur during construction. This process would mirror the existing process for design review that the City established in the Master Cooperative Agreement with Expo for construction of the light rail; 4) City participation in a final field inspection of the Bikeway to include a punch list process prior to turnover of the Bikeway; and 5) Submittal of as -built drawings, warranties, manuals (e.g. for irrigation and lighting), and applicable training to the City prior to turnover of the Bike Path. The Bikeway License Agreement would establish operation and maintenance responsibilities for the City and Metro. City staff would be responsible for addressing any community concerns and questions relating to the Bikeway. All community concerns and questions such as trash, debris, vandalism and other maintenance issues on the Bikeway would be directed to the Public Works Department. Security on the Bikeway would be the responsibility of the Santa Monica Police Department. Maintenance Responsibilities The License Agreement requires that the City maintain the Bikeway in a state of good repair with maintenance responsibilities to include but not be limited to: (a) Removal and disposal of refuse and debris. (b) Maintain and replace as necessary any and all signs as part of the Bikeway in a clean, readable condition. (c) Maintain all drainage facilities constructed to accommodate the Bikeway. (d) Maintain all lighting. (e) Maintain the Bikeway reasonably free of weeds, graffiti and litter. (f) Investigate and resolve maintenance requests as quickly as possible consistent with staff and equipment availability and City policy. The City would also perform landscape maintenance on the Bikeway in a manner substantially consistent with the requirements and specifications of the Bikeway. Metro N would be responsible to maintain any vines that may be planted along walls that adjoin the Bikeway and the Metro property. Electric power used to energize lighting on the Bikeway or other uses related to the Bikeway would be separately metered and billed by the utility directly to the City. In addition, water consumption for landscape irrigation would be separately metered and billed directly to the City. The commencement date of City's operation and maintenance of the Bikeway would be the date on which the Project is first opened to the public; however, such date shall not occur before the date that the Phase 2 Exposition light rail line is open to the public for revenue operation. Such date is estimated to occur in late 2015 or early 2016. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Annual operating expenditures to maintain the Bikeway are estimated at $100,000. Funds will be included in future operating budgets starting in FY 2015 -2017. Prepared by: Alex Nazarchuk, P.E., Civil Engineer Jing Yeo, Special Projects Manager Approved: Forwarded to Council: i w � N a, Martin Pastucha Rod Gould Director of Public Works City Manager Approved: David Martin Director of Planning and Community Development Attachments: A - Limits of Bikepath Approved: *Kathryn nez Deputy City Manager - Special Projects 11 19rh 20th d� Olympic Blvd' - ,o, UT Cloverfield Blvd Stewart Street LEGEND Bikeway Licensed Property Centinela Ave Reference Agreement No. 9746 (CCS)