CC SR 20230502 D - Western Ave Signs Caltrans Maintenance Agreement
CITY COUNCIL MEETING DATE: 05/02/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve a Maintenance Agreement with the
California Department of Transportation (Caltrans) for the Western Avenue entrance
monument signs.
RECOMMENDED COUNCIL ACTION:
(1) Approve a Maintenance Agreement with the California Department of
Transportation (Caltrans) for the Western Avenue entrance monument signs; and
(2) Authorize the Mayor and City Clerk to execute the Maintenance Agreement, in a
form approved by the City Attorney.
FISCAL IMPACT: No additional funding is required. Maintenance of the gateway signs
will be part of the Public Works Department annual maintenance
budget.
Amount Budgeted: $0
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Lincoln Lo, Public Works Deputy Director
Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Western Avenue City Entrance Signs Maintenance Agreement with
Caltrans (page A-1)
B. Western Avenue City Entrance Signs Location Map (page B-1)
BACKGROUND:
For many years, there has been a general desire by the City to enhance the aesthetics
along Western Avenue within City limits (from Peninsula Verde Drive to Summerland
Street/Summerland Avenue). Aesthetic improvements to the public right -of-way and
adjacent areas would enhance the appeal of the City’s only commercial corridor and
surrounding area, bolster commerce, foster local business activity, and reflect positively
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RANCHO PALOS VERDES
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on the entire City particularly the adjacent neighborhoods. The beautification vision for
Western Avenue is to create an attractive street environment that would be considered
desirable for area residents and businesses.
The Western Avenue Beautification Project is being implemented in three phases: short -
term, medium-term, and long-term.
Short-term improvements were funded through the Public Works maintenance budget
and were completed in fall 2021. Improvements completed included cleaning and de-
weeding planters, medians, parkways and sidewalks; repairing damaged concrete
planters; planting new flowers in a purple and white palette within some of the existing
concrete planters in the median; re-establishing select grass areas; removing unused and
unattractive newspaper stands; repainting bus benches and enhancing cleaning of bus
shelters; repainting red curbs; and replacing waste receptacles with newer ones.
Medium-term improvements are funded through the Public Works maintenance budget.
Staff is striving to implement the medium -term measures by summer 2023, which is,
among other things, contingent upon permit approvals and maintenance agreements with
the California Department of Transportation (Caltrans). The medium-term improvements
consist of installing City-branding banners, updating City gateway signs, and painting tract
walls along Western Avenue.
Long-term improvements are to be funded through the Capital Improvement Program and
will generally consist of landscaping, landscape lighting, street furniture, crosswalk
aesthetic enhancements, and stormwater capture features as appropriate. A community
process is included as part of the planning and design phase . The community, including
both residents and business owners, were invited to an open house on April 19, 2023 to
provide input on various conceptual landscape design features for Western Avenue.
Community input will be considered and incorporated into the concept design, which will
be presented to the City Council for input and approval before moving forward with final
design and construction.
The installation of updated City entrance monument signs, which announce the arrival
into the City’s segment of Western Avenue, is part of the aforementioned medium-term
improvements and is the subject of this staff report.
DISCUSSION:
Western Avenue is owned and maintained by Caltrans. Any improvements to Western
Avenue, such as the installation of monument signs, require the approval of an
encroachment permit and the execution of a Maintenance Agreement with Caltrans.
Staff applied for an encroachment permit for two City entrance monument signs within
the medians on Western Avenue. The gateways signs are located north of Peninsula
Verde Drive and north of Summerland Street (Attachment B). Caltrans reviewed the
encroachment permit and conditioned approval upon the execution of a Maintenance
Agreement with the City (Attachment A).
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The Maintenance Agreement requires the City to perform regularly scheduled
maintenance of the gateway signs and associated lighting, including graffiti removal and
restoration work to maintain the integrity of the signs. Should the City fail to maintain the
signs, the City will be required to remove them. The Maintenance Agreement also
includes insurance requirements, indemnification, and the right for Caltrans to remove the
signs in the event of apparent safety issues, conflicting street rehabilitation improvements,
or other necessary activities.
CONCLUSION:
Staff recommends the City Council approves the Maintenance Agreement with the
Caltrans for the Western Avenue City entrance monument signs.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not approve the proposed Maintenance Agreement and direct Staff not to move
forward with City entrance monument signs on Western Avenue; or
2. Take other action, as deemed appropriate.
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PSMA with the City of Rancho Palos Verdes
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PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF RANCHO PALOS VERDES
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between
the State of California, acting by and through the Department of Transportation,
hereinafter referred to as “STATE” and the City of Rancho Palos Verdes; hereinafter
referred to as “CITY”; and collectively referred to as “PARTIES.”
SECTION I
RECITALS
1. CITY desires to mount two gateway signs on Western Avenue (Route 213) in
medians, 140 ft N of Peninsula Verde Dr. and 260 ft N. of Summerland Drive,
hereinafter referred to as “PROJECT”, under Encroachment Permit Number, 07-23-
NGM-0159.
2. In accordance with said permit, it was agreed by PARTIES that prior to or upon
PROJECT completion, CITY and STATE will enter into a Maintenance Agreement,
and
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of
CITY for the improvements of PROJECT constructed within the STATE right of way
under the Encroachment Permit Number 07-23-NGM-0159.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of drawings that show and describe the areas within STATE right of
way which are the responsibility of the CITY to maintain in accordance with this
Agreement.
2. If there is mutual agreement on a change in the maintenance responsibilities
between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution
of the exhibit.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 07
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
4. CITY is to perform regularly scheduled maintenance of the PROJECT for its entire
lifespan, including graffiti removal and restoration work to maintain the integrity of
project. Graffiti removal must conform to current STATE policies, guidelines and TMC
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PSMA with the City of Rancho Palos Verdes
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notification requirements that require for removal of offensive messages and timely
removal of all other graffiti. Maintenance practices must protect air and water
quality as required by law. CITY, at CITY’s sole cost and expense, shall remove all
graffiti from the ARTWORK. CITY is solely responsible for ensuring that any graffiti that
in any way resembles a mural, artwork, paintings, or other similar elements shall not
be removed without the written authorization of STATE’s District 07 Transportation Art
Coordinator. Graffiti removal must protect air and water quality as required by law.
CITY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1,
Family D Chapter, D1.06.
5. CITY is responsible to maintain panel and letter lighting for the entire lifespan of the
PROJECT, including replacement of the lighting equipment as needed. CITY will
maintain in conformance with all applicable STATE policies, guidelines and permit
requirements.
6. PROJECT, which in the opinion of STATE becomes an operational concern because
it is not adequately maintained or deteriorates to an unacceptable condition, will
be removed by CITY at CITY’s expense. STATE will notify CITY when it has determined
that PROJECT requires special/immediate attention. In the event the CITY fails to
maintain, repair, rehabilitate or remove the PROJECT in a timely manner, STATE may
remove the PROJECT upon sixty (60) day-notice to CITY, and bill the CITY for all costs
of removal and restoration of the area.
7. Neither STATE nor its contractors doing work for STATE will be liable for any damage
to PROJECT by State or contracted forces during routine maintenance, contracted
repairs, or emergency repairs of the structure.
8. STATE reserves the right to remove PROJECT at any time due to construction,
rehabilitation or other necessary activities without any obligation, compensation to,
or approval of CITY. STATE may provide a minimum of sixty (60) days notification to
CITY of its intent to remove PROJECT to allow for timely removal and salvage by CITY.
If a safety issue becomes apparent, no notice will be provided to the City. STATE will
bill the CITY for all costs of removal. CITY may reinstall PROJECT after construction or
any rehabilitation if conditions at the time permit. CITY must apply for a separate
Encroachment Permit in order to reinstall PROJECT.
9. CITY will maintain, at CITY expense, the entire PROJECT. CITY is also responsible to
inspect and maintain the overall appearance including, but not limited to, the
condition, wear, mounting hardware and elements. CITY is responsible to keep
PROJECT free of dirt and graffiti.
10. LEGAL RELATIONS AND RESPONSIBILITIES
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PSMA with the City of Rancho Palos Verdes
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10.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affect
the legal liability of a PARTY to the Agreement by imposing any standard of care
with respect to the operation and maintenance of STATE highways and local
facilities different from the standard of care imposed by law.
10.2. Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by, under or in connection with any work, authority or jurisdiction conferred upon
STATE under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless CITY and all of their officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including, but not limited to, tortious, contractual, inverse condemnation
or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by STATE under this Agreement.
10.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work, authority or jurisdiction conferred
upon CITY under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all of its officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including but not limited to, tortious, contractual, inverse condemnation
or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this Agreement.
11. PREVAILING WAGES:
11.1. Labor Code Compliance- If the work performed under this Agreement is done
under contract and falls within the Labor Code section 1720(a)(1) definition of a
"public works" in that it is construction, alteration, demolition, installation, or repair;
or maintenance work under Labor Code section 1771. CITY must conform to the
provisions of Labor Code sections 1720 through 1815, and all applicable
provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements
in its contracts for public works. Work performed by CITY'S own forces is exempt
from the Labor Code's Prevailing Wage requirements.
11.2. Requirements in Subcontracts - CITY shall require its contractors to include
prevailing wage requirements in all subcontracts when the work to be performed
by the subcontractor under this Agreement is a "public works" as defined in Labor
Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall
include all prevailing wage requirements set forth in CITY's contracts.
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PSMA with the City of Rancho Palos Verdes
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12. INSURANCE - CITY and its contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming the STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence and
$2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE that shall be delivered to
the STATE with a signed copy of this Agreement.
13. TERMINATION - This Agreement may be terminated by mutual written consent by
PARTIES or by STATE for cause., CITY’s failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
14. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated
as set forth in Article 13 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute
this Agreement on behalf of the respective agencies and covenants to have followed
all the necessary legal requirements to validly execute this Agreement.
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PSMA with the City of Rancho Palos Verdes
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
THE CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
By: ___________________________
Godson Okereke
Deputy District Director
Division of Maintenance District 7
ATTEST:
By: __________________________
City Clerk
By: __________________________
City Attorney
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(Photos identifying the applicable STATE Routes (Freeway proper) and CITY
road(s) and facilities)
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