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
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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:
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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
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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
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Cloverfield Blvd
Stewart Street
LEGEND
Bikeway Licensed Property
Centinela Ave
Reference Agreement No.
9746 (CCS)