HomeMy WebLinkAbout07. I-5 JPA Meausre RAGENDA MEMO
APPROVED BY
CITY MANAGER
DATE: November 22, 2011
TO: Mayor and Members of the City Council
FROM: Office of the City Manager
By: John Oskoui, P.E., Director of Public Worka>
SUBJECT: 1-5 CONSORTIUM CITIES JOINT POWERS AUTHORITY
MEASURE R FUNDING — EXECUTE SUBRECIPIENT AGREEMENT
RECOMMENDATION
That the City Council authorize the City Manager to execute a subrecipient agreement
with the 1-5 Consortium Cities Joint Powers Authority for the receipt of $2,911,962 in
Measure R funds for the implementation of construction mitigation projects related to
the proposed 1-5 Widening Project.
BACKGROUND
At its April 28, 2011 meeting, the Los Angeles County Metropolitan Transportation
Authority (Metro) Board programmed $14,168,107 in Measure R Funds in fiscal year
2010-11 for the 1-5 South Pre -Construction Mitigation Project. This funding is intended
for the use of member cities of the 1-5 Consortium Joint Powers Authority (JPA) to
mitigate impacts on their streets created by traffic to be diverted from the 1-5 Freeway
during the construction of the proposed widening of the freeway. The various projects
to be undertaken by the member agencies for this effort consist mainly of infrastructure
rehabilitation -type projects.
In order to make the funding available to the member agencies, Metro executed a
funding agreement with the 1-5 JPA on October 4, 2011. The member agencies which
will receive a portion of the $14,168,107 include the cities of Downey, La Mirada,
Norwalk and Santa Fe Springs. The City of Downey will receive $2,911,962 of the
Measure R funds for the following 1-5 construction mitigation projects:
1. Truck -Impacted Intersection Improvement Project - Phase 2 (Florence
Avenue at 1-5 SIB Off-ramp/Little Lake Road and Studebaker Road)
$600,467
2. Firestone Boulevard Improvements (Nash Avenue -East City Limit) -
$1,170,380
3. Lakewood Boulevard improvement Project Phase 3C - $1,141,115
CITY OF DOWNEY, CALIFORNIA
Mayor and Members of the City Council
1-5 JPA Measure R- Execute Subrecipient Agreement
November 22, 2011
Page 2
DISCUSSION
The three aforementioned projects to be undertaken by the City are currently in various
stages of completion. The Truck -Impacted Intersection Improvement Project - Phase 2
involves the rehabilitation of the existing pavement on Florence Avenue between the
San Gabriel River bridge and the 1-5 Freeway overpass, Little Lake Road between
Florence Avenue and the 1-605 southbound on-ramp, Studebaker Road between
Florence Avenue and the 1-605 northbound on/off ramps and Fairford Avenue between
Florence Avenue and Dollison Drive.
The Caltrans encroachment permit has been issued for this project and the project is
currently in the process of being advertised for construction. A construction contract will
be awarded in January 2012 and construction is expected to commence in early
February 2012.
The Firestone Boulevard Improvement Project (Nash Avenue -East City Limit) involves
the rehabilitation of the existing pavement as well as the replacement of the existing
landscaping and irrigation within the raised median islands. The design phase of this
project recently began and, based on the schedule for this project, construction is
expected to commence during summer 2012.
The Lakewood Boulevard Improvement Project Phase 3C involves the reconstruction of
existing pavement, widening to provide three continuous travel lanes in each direction,
reconstruction of existing raised median islands along with replacement of existing
landscaping and irrigation, reconstruction of curb and gutter and portions of damage
sidewalk, installation of decorative street lighting and pedestrian safety lighting, traffic
signal modifications and planting of street trees between Gallatin Road and Telegraph
Road. The design phase for this project has commenced. Based on the project
schedule, construction on this project is expected to commence in early 2014.
Per the attached subrecipient agreement, the City shall oversee and coordinate the
design, construction, inspection, materials testing, and contract administration of the
three projects. If the Measure R funds are not received by the 1-5 JPA from Metro for
any reason, the 1-5 JPA shall not be obligated to reimburse any of the member cities for
project expenses with the funds. In addition, per the subrecipient agreement, all
projects must be completed and all Measure R funds must be expended by June 30,
2014.
The execution of the attached subrecipient agreement will be necessary in order to
receive the Measure R funds from the 1-5 JPA to complete the three aforementioned
projects.
Mayor and Members of the City Council
1-5 JPA Measure R -Execute Subrecipient Agreement
November 22, 2011
Page 3
FINANCIAL IMPACT
The estimated cost of the Truck Impacted Intersection Improvement Project - Phase 2 is
$2,125,000. Funding for this project consists of $190,000 in Gas Tax, $874,000 in
Proposition C Local Return, $390,000 through a Proposition C grant from the Gateway
Cities CDG, and the $600,467 in Measure R funds to be received from the 1-5 JPA.
The estimated cost of the Firestone Boulevard Improvement Project (Nash Avenue -
East City Limit) is $2,000,000. Funding for this project consists of the $1,170,380 in
Measure R funds to be received from the 1-5 JPA, $90,000 through a recycling grant,
and $60,000 in Gas Tax and Proposition C Local Return Funds. Additional funding will
be appropriated as necessary for this project in conjunction with the award of the
construction contract.
The estimated cost of the Lakewood Boulevard Improvement Project - Phase 3C is $3.8
million. Funding for this project consists of $1,658,885 in Metro Proposition C grant,
$1,000,000 in an anticipated grant from the Economic Development Administration and
the $1,141,115 in Measure R funds to be received from the 1-5 JPA.
Attachment:
1-5 JPA Subrecipient Agreement
S:lAgendaMemosCC2011111.22-1 Sl]-5JPA Measure R -Execute Subrecipient Agreement
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DOWNEY AND THE 1-5 CONSORTIUM
CITIES JOINT POWERS AUTHORITY
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into
this day of , 2011 ("Effective Date") by and between the CITY of
DOWNEY, a municipal organization organized under the taws of the State of California
("Downey" or "Subrecipient City") and the 1-5 CONSORTIUM CITIES JOINT POWERS
AUTHORITY, a California Joint Powers entity ("the Consortium").
RECITALS
A. The Consortium has entered into that certain Measure R Program Design
and Construction Funding Agreement ("Grant Agreement") with the Los Angeles County
Metropolitan Transportation Authority ("MTA"), by which the Consortium will receive
fourteen million, one hundred sixty-eight thousand, one hundred seven dollars
($14,168,107.00) for the 1-5 South pre -construction mitigation project ("Project"). The
Grant Agreement is attached hereto as Exhibit A and incorporated herein by reference.
B. The Consortium has entered into a subrecipient agreement with the City of
La Mirada ("La Mirada" or "Subrecipient City"), titled "Subrecipient Agreement Between
the City of La Mirada and the 1-5 Consortium Cities Joint Powers Authority," effective as
Of , 2011, to complete a certain portion of the design and construction of
the Project as described in Attachment C to the Grant Agreement.
C. The Consortium has entered into a subrecipient agreement with the City of
Santa Fe Springs ("Santa Fe Springs" or "Subrecipient City"), titled "Subreciplent
Agreement Between the City of Santa Fe Springs and the 1-5 Consortium Cities Joint
Powers Authority," effective as of , 2011, to complete a certain portion of
the design and construction of the Project as described in Attachment C to the Grant
Agreement.
D. The Consortium has entered into a subrecipient agreement with the City of
Norwalk ("Norwalk" or "Subrecipient City"), titled "Subrecipient Agreement Between the
City of Norwalk and the 1-5 Consortium Cities Joint Powers Authority," effective as of
, 2011, to complete a certain portion of the design and construction of
the Project as described in Attachment C to the Grant Agreement.
E. Together, Norwalk, La Mirada, Santa Fe Springs, and Downey shall be
referred to as "Subrecipients" or "Subrecipient Cities."
F. The Consortium wishes to contract with the Subrecipients at a total cost of
fourteen million, one hundred sixty-eight thousand, one hundred seven dollars
($14,168,107.00) ("Funds") for the design and construction of all portions and phases of
the Project as described in Attachment C to the Grant Agreement.
55388,0000117018175. I
G. Downey desires to provide design and construction services to implement
its share of the Project.
NOW, THEREFORE, the parties hereto agree as follows:
1. SUBRECIPIENT OBLIGATIONS
1.1 Implementation of Sub-Proiects. Downey hereby agrees to
coordinate, perform and complete the design and construction of the improvements
identified as Project Numbers 1, 14, and 15 in Attachment C of the Grant Agreement
("Downey Projects"),
1.2 Use of MTA Funds. Downey hereby agrees to use the Funds solely
to implement the Downey Projects pursuant to all of the terms and conditions of this
Agreement and the applicable terms and conditions of the Grant Agreement. The
Funds shall be used solely to reimburse the actual expenses incurred by Downey to
implement the Downey Projects.
1.3 Compliance with Grant Agreement. Downey shall perform its
respective obligations under the Grant Agreement. In the event that MTA determines
Downey has breached its obligations under the Grant Agreement, Downey will be solely
responsible for complying with any MTA demands, determinations, fines, or other such
actions or penalties initiated by MTA because of the breach. No non -breaching
Subrecipient City, non -participating cities, or the Consortium as a whole shall be in any
way responsible for satisfying any MTA demands made in response to a breach of the
Grant Agreement by Downey. If Downey is found in breach of the Grant Agreement, it
shall remain obligated under this Agreement and remain responsible to fulfill its
obligations under this Agreement, including those obligations under Section 1.1.
1.4 Compliance with Law. Downey shall perform the Downey
Projects as detailed under Section 1.1 of this Agreement in accordance with all
ordinances, resolutions, statutes, rules, and regulations of any federal, state or local
government agency having jurisdiction at the time service is rendered.
2. DISBURSEMENT OF FUNDS
2.1 Maximum Amount of Funds. Upon compliance with the
requirements set forth herein, Consortium shall make the following reimbursements to
Downey:
(a) For the Downey Projects, the Consortium shall reimburse Downey
an amount not to exceed two million, nine hundred eleven thousand, nine hundred sixty-
two dollars ($2,911,962.00), which shall constitute the Consortium's full obligation to
Downey and other Consortium service providers, unless the Consortium receives
additional funds from MTA for the completion of the Downey Projects or unless the
Consortium opts to shift funds currently allocated under the Grant Agreement from other
553 88.00001 V018175.1 1)
projects identified in the Grant Agreement to the Downey Projects. In such case, the
parties shall amend the Agreement to reflect the additional sum and, if applicable, the
additional services Downey shall provide. If the funds are insufficient to complete the
Downey Projects, Downey shall secure and provide such additional non -Grant funds
necessary to complete the Downey Projects. Reimbursement, if any, by the Consortium
is conditioned upon receipt of such funds by the Consortium from MTA and obtaining all
required approvals from MTA, including, but not limited to, environmental clearances. If
MTA funds are not forthcoming from MTA for any reason, the Consortium shall not have
any obligation to reimburse Downey through any other source of Consortium funds.
2.2 Cost Overruns. At no time shall the Consortium or a non -participating
member city be liable for any cost associated with the Project, including the Downey
Projects. In the event that MTA Funds are not forthcoming from MTA for any reason, or
if the funds allocated to Downey are insufficient to cover costs for the Downey Projects
in any way, the member cities of the Consortium that are not named as Subrecipients
under this Agreement will not be held liable for any costs. Downey will be solely
responsible for any costs associated with the Downey Projects in the event that MTA
Funds are not forthcoming for any reason, or in the event that the funds allocated to
Downey are insufficient to cover costs for the Downey Projects in any way.
2.3 Method of Paymen#. The Consortium shall make reimbursements to
Downey upon Downey's submittal of, and Consortium's approval of: (i) a detailed
invoice; and {ii} the program performance reports required by the Grant Agreement. To
the extent the Funds actually have been received from MTA, the Consortium shall pay
Downey for all expenses stated on the invoice, which are approved by Consortium
pursuant to this Agreement no later than two weeks after receipt of payment from MTA,
provided the program performance reports are also timely submitted and approved.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Downey shall commence, prosecute, and
complete the Downey Projects as detailed under Section 1.1 of this Agreement within
the time periods established in Section 9 of the Grant Agreement, unless extensions of
such time periods have been approved in writing by the Consortium. The Downey
Projects must be completed and all Funds must be distributed no later than June 30,
2014, as required by Section 9 of the Grant Agreement. Notwithstanding any provisions
in this Agreement to the contrary, any Funds not distributed by June 30, 2014, are
subject to lapse.
3.3 Force Majeure. The time period(s) specified for performance of the
work under this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Downey, including, but not limited to, acts of God or of the public enemy, unusually
35388.0 0001N7018175.1 j
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riot,
strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the Consortium and MTA, if Downey shall, within ten (10) days of the
commencement of such delay, notify the Consortium Representative in writing of the
causes of the delay.
3.4 Term, This Agreement is effective as of the Effective Date written above,
and shall be terminated when all of the following have occurred, unless earlier
terminated in accordance with Section 7.2: (i) the entirety of the Project has been
completed, (iii) all audits and reports have been submitted by Downey to the Consortium
pursuant to the Grant Agreement and MTA requirements, and {iii} MTA has released
final disbursement to Consortium and Downey has received final disbursement of Funds
from Consortium pursuant to this Agreement; or by June 30, 2014, whichever event
occurs first. In the event that the June 30, 2014 deadline is extended pursuant to any
agreement between the Subrecipients, the new deadline shall take the place of "June
30, 2014" in the preceding sentence.
3.5 Reversion of Assets Upon the expiration or sooner termination of
this Agreement, Downey shall transfer to the Consortium: (i) any and all Funds on hand
that Downey is not already obligated to pay to others for the Downey Projects; and (ii)
any accounts receivable attributable to the use of the Funds that Downey is not already
obligated to pay to others for the Downey Projects.
4. COORDINATION OF WORK
4.1 Subrecipient Representative. The Subrecipient Representative
for Downey shall be the City Manager of Downey or such person as may be designated
by the City Manger of Downey in writing. The Consortium shall refer any decisions
which must be made by Downey to the Subrecipient Representative. Any approval of
Downey required hereunder shall mean the approval of the Subrecipient
Representative, unless the Subrecipient Representative shall inform the Consortium
that the decision must be made by the Downey City Council.
4.2 Consortium Representative. The Consortium Representative
shall be the Executive Director, or such person as may be designated by the Executive
Director in writing. It shall be Downey's responsibility to ensure that the Consortium
Representative is kept informed of the progress of the performance of the services and
Downey shall refer any decisions, which must be made by Consortium to the
Consortium Representative. Any approval of Consortium required hereunder shall
mean the approval of the Consortium Representative, unless the Consortium
Representative shall inform Downey that the decision must be made by the Board of
Directors.
4.3 Independent Contractor. Downey is, and shall at all times remain
as to Consortium, to the other Subrecipients, and to all member cities of the Consortium
not named as Subrecipients under this Agreement, a wholly independent contractor.
55388.000 0 1\7018175,1 4
Downey shall have no power to incur any debt, obligation, or liability on behalf of
Consortium, on behalf of another Subrecipient City, or on behalf of any member city of
the Consortium not named as a Subrecipient City under this Agreement. Neither
Consortium not any of its agents shall have control over the conduct of Downey or any
of Downey's employees, except as set forth in this Agreement. Downey shall fully
comply with the worker's compensation laws regarding the City of Downey and
Downey's employees. Downey further agrees to indemnify and hold Consortium, the
other Subrecipient Cities, and all member cities of the Consortium not named as
Subrecipients under this Agreement harmless from any failure of Downey to comply
with applicable workers compensation laws.
5. MANDATORY LIABILITY COVERAGE
5.1 General Liability Coverage. Downey shall obtain, at its sole
cost and keep in full force and effect during the term of this Agreement, commercial
general liability coverage in the amount of one million dollars ($1,000,000.00) per
occurrence for bodily injury, personal injury, and property damage.
5.2 Professional Liability Coverage Downey shall require errors and
omissions liability insurance appropriate for each of the professions engaged by
Downey in the engineering and design of the Downey Projects in the amount of one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00)
annual aggregate. The professional liability coverage shall provide: (i) that the
coverage shall extend to the Consortium and each of its officers, agents, employees,
and volunteers, and (ii) that the coverage shall extend to each of the member cities of
the Consortium not named as Subrecipients in this Agreement.
5.3 Memorandum of Coverage. Downey shall file with Consortium
upon the execution of this Agreement, a memorandum of coverage issued by the
California Joint Powers Insurance Authority which shall provide that no cancellation,
major change in coverage, expiration, or nonrenewal will be made during the term of
this Agreement, without thirty (30) days written notice to the Consortium prior to the
effective date of such cancellation, or change in coverage.
5.4 Subrecipient City Insurance. The general liability coverage
small provide (i) that the coverage shall extend to the Consortium, and each of its
officers, agency, employees, and volunteers and (ii) that the coverage shall operate as
primary coverage.
5.5 Coverage Requirements. Downey shall require each consultant or
contractor retained by Downey to implement the Downey Projects to obtain liability
coverage at least as comprehensive as required under Section 5.1-5.4 hereunder and
shall require the Consortium and its officers, agents, employees, and volunteers to be
named as additional named insured on such coverage. Downey shall also require each
consultant and contractor to obtain Worker's Compensation coverage at not less than
the minimum required under California law.
55388.00001 \7018175.1 5
6. RECORDS AND REPORTS
6.1 Reports. Downey shall prepare and submit detailed invoices
regarding the Downey Projects to the Consortium on a monthly basis. The Joint
Powers Authority Engineer (or his or her designee) shall prepare and submit monthly
progress reports on behalf of Downey, which shall be submitted to MTA, the
Subrecipients' city managers, and the Subrecipients' elected officials, to fulfill the
Consortium's reporting obligations under the Grant Agreement.
7. ENFORCEMENT OF CONTRACT
7.1 Applicable Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in accordance with the
laws of the State of California and the United States, as applicable. Legal actions
concerning any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of Los Angeles, State of California, the United
States District, or any other appropriate court in Los Angeles County, and Downey
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action,
7.2 Termination. Consortium may terminate this Agreement if
Consortium receives notice from MTA that the Grant Agreement has been terminated
by giving thirty (30) days notice to Downey. The Consortium shall reimburse Downey
for all costs incurred prior to the termination date, in accordance with Part II, Section 2
of the Grant Agreement.
7.3 Waiver. Waiver by any party of any of the conditions of
performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by any party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default, or any other default by the
other parties.
7.5 Legal Action. In addition to any other rights or remedies, any party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to complete specific performance of this Agreement,
to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with
the purposes of this Agreement.
7.6 Attorneys' Fees. If any party to this Agreement is required to
initiate or defend or is made a party to any action or proceeding in any way connected
55388.0000117018175.1 6
with this Agreement, the prevailing party in such action or proceeding, in addition to any
other relief which may be granted, whether legal or equitable, shall be entitled to actual
attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in
addition a party entitled to attorneys' fees shall be entitled to all other costs for
investigating such action, taking depositions and discovery and all other costs incurred
in such litigation.
8. INDEMNIFICATION
8.1 Neither Consortium nor any officer or employee thereof, nor any
member of the Consortium which is not named as a Subrecipient City in this
Agreement, shall be responsible for any damage or liability occurring by reason of
anything done or committed to be done by Downey, its officers, agents, employees,
contractors and subcontractors under this Agreement. Downey shall fully indemnity,
defend, and hold harmless from and against any liability and expenses, including
without limitation, defense costs, any costs or liability on account of bodily injury, death
or personal injury of any person or for damage to or loss of risk of property, any
environmental obligation, any legal fees, and any claims for damages of any nature
whatsoever arising out of this Agreement, including without limitation: (i) misuse of the
Funds by Downey, or its officers, agents, employees, contractors or subcontractors; (ii)
breach of Downey's obligations under this Agreement; or (iii) any act or omission of
Downey, or its officers, agents, employees, contractors or subcontractors in the
performance of the work or the provision of services, in connection with this Agreement
and, without limitation, implementation of the Downey Projects,
9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notices, bills, invoices or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (i) the day of delivery if delivered by hand or overnight courier
service during Downey's and Consortium's regular business hours or by facsimile
before or during regular business hours; or (ii) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered the parties and Subrecipients at the following addresses:
If to Norwalk: City Clerk
City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Fax: (562) 929-5773
55388.0000 1\7019175.1 7
With a copy to:
Michael Egan, City Manager
City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Fax: (552) 929-5773
If to La Mirada: City Cleric
City of La Mirada
13700 La Mirada Boulevard
La Mirada, California 90638
Fax: (562) 943-1463
With a copy to:
Tom Robinson, City Manager
City of La Mirada
13700 La Mirada Boulevard
La Mirada, California 90638
Fax: (562) 943-1463
If to Santa Fe Springs: City Clerk
City of Santa Fe Springs
11710 Telegraph Road
Santa Fe Springs, California 90670
Fax: (562) 868-7112
With a copy to:
Thaddeus McCormack, City Manager
City of Santa Fe Springs
11710 Telegraph Road
Santa Fe Springs, California 90670
Fax: (562) 868-7112
If to Downey: City Clerk
City of Downey
11111 Brookshire Ave.
Downey, California 90241
Fax: (562) 923-6388
5 53 8 8.00001170 1 8175.1
With a copy to:
Gerald Caton, City Manager
City of Downey
11111 Brookshire Ave.
Downey, California 90241
Fax: (562) 923-6388
If to Consortium: 1-5 Consortium Cities Joint Powers Authority
12700 Norwalk Boulevard
P.Q. Box 1430
Norwalk, California 90651-1030
Fax: (626) 737-8495
9.2 Interpretation. The terms of this Agreement shall be
construed in accordance with the meaning of the language used and shall not be
construed for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and non shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the
parties by an 'instrument in writing.
9.4 Co orate Authori . The persons executing this Agreement
on behalf of the parties hereto warrants that (i) such party is duly organized and
existing, {ii} they are duly authorized to execute and deliver this Agreement, on behalf of
said party; (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) entering into this Agreement does not violate any
provision of any other agreement to which said party is bound.
9.5 Exhibits, Precedence. All documents referenced as exhibits in
this Agreement are hereby incorporated into this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the
provisions of any document incorporated here by reference, the provisions of this
Agreement shall prevail.
55388.0040117018175.1 9
IN WITNESS WHEREOF, the parties have signed this document as of the date
written in the introductory paragraph.
CITY OF DOWNEY
By:
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
Yvette M. Abich Garcia
City Attorney
55388.0000117418175.1 10
1-5 CONSORTIUM CITIES .JOINT
POWERS AUTHORITY
AC
Executive Director
ATTEST:
AC
APPROVED AS TO FORM:
Best Best & Krieger LLP
Special Counsel for the Authority
EXHIBIT A
GRANT AGREEMENT
55388.0000 1\7019175.1 11
MEASURE R CONSTRUCTION (COGS) PROJECT# 50136
FUNDING AGREEMENT #MOU.MR50316
MEASURE R HIGHWAY PROGRAM
DESIGN AND CONSTRUCTION FUNDING AGREEMENT
FUNDING AGREEMENT
This Funding Agreement ("FA") is dated for reference purposes only October 4, 2011,
and is by and between the !_os Angeles County Metropolitan Transportation Authority
("LACMTA") and the 1-5 Consortium Cities Joint Powers Authority (1-5 JPA) ("GRANTEE")
for the 1-5 South Pre -Construction Mitigation Project, Final Phase (the "Project").
WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion
Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the
voters of Los Angeles County on November 4, 2008 as "Measure R" and became
effective on January 2, 2009;
WHEREAS, this FA is intended to fund the design and construction portion of the Project;
and
WHEREAS, the LACMTA Board, at its April 28, 2011 meeting, programmed $14,168,107
in Measure R Funds to the 1-5 JPA for the design and construction of Project, subject to
the temps and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed for the Project as follows: $14,168,107
in Measure R Funds in FY 2010-11. The total designated for the design and construction
of the Project is $14,168,107.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by
reference herein as if fully set forth herein:
1. Part I - Speck Terms of the FA
2. Part II - General Terms of the FA
3. Attachment A - Project Funding
4. Attachment B - Expenditure Plan Guidelines
Attachment 131 - Expenditure Plan - Cost & Cash Flow Budget
5. Attachment C - Scope of Work
6. Attachment D - Reporting and Expenditure Guidelines
7. Attachment D1 - Monthly Progress/Expenditure Report
8. Attachment E — Federal Transportation Improvement Program (FTIP) Sheet
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the
Specific Terms of the FA and any attachments and the Specific Terms of the FA shall
prevail over the General Terms of the FA.
Rev: 07.13.10 1 Measure R Funding Agreement
MEASURE R DESIGN AND CONSTRUCTION
Funding Agreement #MOU15]PAZ
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly
authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
In
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
ANDREA SHERIDAN ORDIN
Coun unsel
By:1 6---,
D pu
J
GRANTEE:
Date:
Date:
1-5 CONSORTIUM CITIES ,JOINT POWERS AUTHORITY
-29
Michael Mendez
Chairman
APPROVED AS TO FORM:
Date:
By: Date:
Steven L. Dorsey
Authority Counsel
Rev: 07.13.10 2 1.5 ]PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOUI5JPA2
PART l
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project"): 1-5 South Pre -Construction Mitigation Project,
Final Phase -- Design and Construction. For purposes of this FA, the Project is only for
the DESIGN and CONSTRUCTION of the Project.
2_ Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R
Funds
2.2 To the extent the Measure R Funds are available; LACMTA shall make to
GRANTEE a grant of the Measure R funds in the amount of $14,158,107 (the
"Funds") for the Project. LACMTA Board of Directors' action of April 28, 2011,
granted the Measure R Funds for the Project. The Funds are programmed over
Fiscal Year (FY) 2010-11.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the
appropriate supporting documentation with the Monthly Progress/Expenditure Report.
GRANTEE Funding Commitment, if applicable, must be spent in the appropriate
proportion to the Funds with each month's expenditures. LACMTA will withhold five% of
eligible expenditures per invoice as retainage pending an audit of expenditures and
completion of scope of work.
4. Attachment A the "Project Funding" documents all sources of funds programmed
for the Project as approved by LACMTA and is attached as Attachment A. The Project
Funding includes the total programmed funds for the Project, including the Funds
programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other
sources of funding. The Project Funding also includes the fiscal years in which all the
funds for the Project are programmed. The Funds are subject to adjustment by
subsequent LACMTA Board Action.
5. Attachment 61 is the Expenditure Plan - Cost & Cash Flow Budget (the
"Expenditure Pian"). It is the entire proposed cash flow, the Budget and financial plan for
the Project, which includes the total sources of all funds programmed to the Project,
including GRANTEE and other entity funding commitments, if any, for this Project as well
as the fiscal year and months the Project funds are anticipated to be expended.
GRANTEE shall submit annually to LACMTA no later than December 315" an update to
Attachment 81 for review by LACMTA for budget and programming purposes.
Acceptance of any changes to the document will be conveyed by amendment to this
FA, GRANTEE shall update the Expenditure Plan annually and such update shall be
submitted to LACMTA's Executive Director of Highway Program in writing. If the
LACMTA's Executive Director of Highway Program concurs with such updated
Expenditure Plan in writing, Attachment B1 shall be replaced with the new Attachment B1
setting forth the latest approved Expenditure Plan. Payments under this agreement shall
be consistent with Attachment B1 as revised from time to time.
Rev: 07,13.10 3 I-5 ]PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOU15]PAZ
6. Attachment C is the Scope of Work ("the Scope of Work") The GRANTEE shall
complete the Project as described in the Scope of Work. This Scope of Work shall
include a detailed description of the Project and the work to be completed, including
anticipated Project milestones and a schedule consistent with the lapsing policy in Part Il,
Section 9, and a description of the Project limits. Work shall be delivered in accordance
with this schedule and scope unless otherwise agreed to by the parties in writing. If
GRANTEE is consistently behind schedule in meeting milestones or in delivering the
Project, LACMTA will have the option to suspend or terminate the FA for default as
described in Part 11, Sections 2, 9, 10 and 11 herein below.
7. No changes to this FA, including but not limited to the Funds; and any other source
of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work
shall be allowed without an amendment to the original FA, approved and signed by both
parties.
8, Attachment D - the Reporting & Expenditure Guidelines, GRANTEE shall
complete the "Monthly Progress/Expenditure Report." The Monthly Progress/Expend iture
Report is attached to this FA as Attachment D1 in accordance with Attachment D -
Reporting and Expenditure Guidelines.
9. Attachment E - the "FTIP PROJEDCT SHEET" (PDF)" is attached as Attachment
E and is required to ensure that the Project is programmed correctly in the most up-to-
date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro
FTIP database under the reports section at http://program.metro.net All projects that
receive funding through Measure R must be programmed into the FTIP which includes
locally funded regionally significant projects for information and air quality modeling
purposes. GRANTEE shall review the Project in ProgramMetro each year and update or
correct the Project as necessary during a scheduled FTIP amendment or adoption.
GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail.
Changes to the FTIP through ProgramMetro should be made as soon as possible after
GRANTEE is aware of any changes to the Project, but no later than October 1 of the year
the change or update is effective. Should GRANTEE fail to meet this date, it may affect
GRANTEE'S ability to access funding, delay the Project and may ultimately result in the
Funds being lapsed.
10. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work, or
(iv) Expenditure Plan, (v) FTIP Project Sheet or (vi) Special Grant Conditions shall be
allowed without a written amendment to this FA, approved and signed by the LACMTA
Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not
materially affect the terms of this FA, such as redistributing Funds among existing budget
line items or non -material schedule changes must be formally requested by GRANTEE
and approved by LACMTA in writing. Non -material changes are those changes, which do
not affect the grant amount, or its schedule, Project Funding, Financial Pian, the Scope of
Work, including its schedule.
Rev: 07.13.10 4 1-5;PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOUI51PA2
10. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention. Jon Grace, Project Manager 99-22-4 email grace]@metro.net
Phone (213) 922-4848
11. GRANTEE's Address
1-5 Consortium Cities Joint Powers Authority
12700 Norwalk Boulevard
P.O. Box 1030
Norwalk, CA 90651-1030
Yvette Kirren, Executive Director email Yvefte@kes-inc.com
Phone (626) 921-4-477
Rev: 07.13.10 5 1.5 JPA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOU15JPA2
PART Il
GENERAL TERMS OF THE FA
`Ol:9i
The term of this FA shall commence on the date this FA is fully executed and, shall
terminate upon the occurrence of all of the following, unless terminated earlier as
provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA
audit and reporting requirements have been satisfied; and (iii) the final disbursement of
the Funds has been made to GRANTEE. All eligible Project expenses as defined in the
Reporting and Expenditure Guidelines (Attachment D), incurred after the FA is executed
shall be reimbursed in accordance with the terms and conditions of this FA unless
otherwise agreed to by the parties in writing.
2. SUSPENDED OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the
Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE
at least thirty (30) days in advance of the effective date of such suspension or
termination. If a Project is suspended or terminated pursuant to this section, LACMTA
will not reimburse GRANTEE any costs incurred after that suspension or termination
date, except those costs necessary (i) to return any facilities modified by the Project
construction to a safe and operable state; and {ii} to suspend or terminate the
construction contractor's control over the Project. LACMTA's share of these costs will be
consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Monthly Progress/Expenditure Report, with
supporting documentation of expenses and Project progress as described in Part ll,
Sections 6.1 of this FA, and other documents as required, shall satisfy LACMTA invoicing
requirements.
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, CA 90x51-0296
Re: 1-5 South Pre -Construction Mitigation Project, Final Phase,
FA# MOU.MRI5JPA2
Project Manager: Jon Grace
Rev: 07.13.10 6 I-5 JPA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement 4MOUI51PA2
4. USE OF FUNDS:
4.1 GRANTEE shall utilize the Funds to complete the Project as
described in the Scope of Work and in accordance with the Reporting and Expenditure
Guidelines and the specifications for use for the transportation purposes described in the
Ordinance.
4.2 Attachment C shall constitute the agreed upon Scope of Work
between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA,
can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds
or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any
expenses or activities above and beyond the approved Scope of Work (Attachment C)
without an amendment to the FA approved and signed by the LACMTA Chief Executive
Officer or his Designee.
4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE
intends to use a consultant or contractor to implement all or part of the Project,
LACMTA requires that such activities be procured in accordance with GRANTEE's
contracting procedures and consistent with State law as appropriate. GRANTEE will
also use the Funds in the most cost-effective manner when the Funds are used to pay
"in-house" staff time. GRANTEE staff or consultant with project oversight roles can not
award work to companies in which they have a financial or personal interest. This
effective use of funds provision will be verified by LACMTA through on-going Project
management and through any LACMTA interim and final audits.
4.5 If a facility, equipment (such as computer hardware or software),
vehicle or property, purchased or leased using the Funds, ceases to be used for the
proper use as originally stated in the Scope of Work, or the Project is discontinued, any
Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE
shall be required to repay the Funds in proportion to the useful life remaining and in an
equal proportion of the grant to GRANTEE Funding Commitment ratio.
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted
in support of the Monthly Progress/Expenditure Report. LACMTA will make all
disbursements electronically unless an exception is requested in writing.
Reimbursements via Automated Clearing House (ACH) will be made at no cost to
GRANTEE. GRANTEE must complete the ACH form and submit such form to LACMTA
before grant payments can be made. ACH Request Forms can be found at
www.metro.net/projects_studies/call_projects/ref docs.htm. GRANTEE must provide
detailed supporting documentation with its Monthly Progress/Expenditure Report.
Rev: 07.13.10 7 1-5 ]PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOUI5]PA2
GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds
with each month's payment.
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS'
6.1 GRANTEE shall submit the Monthly Progress/Expenditure Report
(Attachment 01) t within (Attachment D2) within 15 days after the close of each month.
Should GRANTEE fail to submit such reports within 15 of the due date and/or submit
incomplete reports, LACMTA will not reimburse GRANTEE until the completed required
reports are received, reviewed, approved. The Monthly Progress/Expenditure Reports
shall include all appropriate documentation (such as contractor invoices, timesheets,
receipts, etc.). All supporting documents must include a clear justification and
explanation of their relevance to the Project. If no activity has occurred during a particular
month, GRANTEE is still required to submit the Monthly Progress/Expenditure Report
indicating no dollars were expended that month.
6.2 LACMTA, and/or its designee, shall have the right to conduct audits
of the Project, as deemed appropriate, such as financial and compliance audits; interim
audits; pre -award audits, performance audits and final audits. LACMTA will commence a
final audit within six months of receipt of acceptable final invoice, provided the Project is
ready for final audit (meaning all costs and charges have been paid by GRANTEE and
invoiced to LACMTA, and such costs, charges and invoices are properly documented
and summarized in the accounting records to enable an audit without further
explanation or summarization including actual indirect rates for the period covered by
the FA period under review). GRANTEE agrees to establish and maintain proper
accounting procedures and cash management records and documents in accordance
with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse
LACMTA for any expenditure not in compliance with the Scope of Work and/or not in
compliance with other terms and conditions of this FA. The allowability of costs for
GRANTEE's own expenditures submitted to LACMTA for the Project shall be in
compliance with Office of Management and Budget (OMB) Circular A-87. The allowability
of costs for GRANTEE"S contractors, consultants ad suppliers expenditures submitted to
LACMTA through GRANTEE's Monthly Progress /Expenditure Reports shall be in
compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31
(whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit
findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the
monies within thirty (30) days after the final audit is sent to GRANTEE.
6.3 GRANTEE's records shall include, without limitation, accounting
records, written policies and procedures, contract files, original estimates,
correspondence, change order files (including documentation covering negotiated
settlements), invoices, and any other supporting evidence deemed necessary by
LACMTA to substantiate charges related to the Project (all collectively referred to as
"records") shall be open to inspection and subject to audit and reproduction by LACMTA
auditors or authorized representatives to the extent deemed necessary by LACMTA to
adequately permit evaluation of expended costs. Such records subject to audit shall
Rev: 47.13.10 8 I-5 ]PA Measure R Highway Program FA
MEASURE R DES] CN AND CONST RUMON Funding Agreement #MOUI5JPAZ
also include, without limitation, those records deemed necessary by LACMTA to
evaluate and verify, direct and indirect costs, (including overhead allocations) as they
may apply to costs associated with the Project. These records must be retained by
GRANTEE for three years following final payment under this Agreement. Payment of
retention amounts shall not occur until after the LACMTA's final audit is completed.
6.4 GRANTEE shall cause all contractors to comply with the
requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall
cause all contractors to cooperate fully in furnishing or in making available to LACMTA
all records deemed necessary by LACMTA auditors or authorized representatives
related to the Project.
6.5 LACMTA or any of its duly authorized representatives, upon
reasonable written notice shall be afforded access to all of the records of GRANTEE
and its contractors related to the Project, and shall be allowed to interview any
employee of GRANTEE and its contractors through final payment to the extent
reasonably practicable.
6.6 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to the offices of GRANTEE and its
contractors, shall have access to all necessary records, including reproduction at no
charge to LACMTA, and shall be provided adequate and appropriate work space in
order to conduct audits in compiiance with the terms and conditions of this FA.
6.7 When business travel associated with the Project requires use of a
vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal
Revenue Service, as indicated in the United States General Services Administration
Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.8 GRANTEE shall be responsible for ensuring all
contractors/subcontractors for the Project comply with the terms of the Ordinance.
GRANTEE shall cooperate with LACMTA Audit Department such that LACMTA can
meet its obligations under the Ordinance.
6.9 GRANTEE shall certify each invoice by reviewing all subcontractor
costs and maintaining internal control to ensure that all expenditures are allocable,
allowable and reasonable and in accordance with OMB A-87 or FAR subparagraph 31
(whichever is applicable) and the terms and conditions of this FA.
6.10 GRANTEE shall also certify final costs of the Project to ensure all
costs are in compliance with ❑MB A-87 or FAR subparagraph 31(whichever is
applicable) and the terms and conditions of this FA.
6.11 In addition to LACMTA's other remedies as provided in this FA,
LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE
failed to comply with the Scope of Work [such as misusing Funds or failure to return
Rev: 07.13.10 9 I.5 ]PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOUI5JPA2
Funds owed to LACMTA in accordance with LACMTA audit findings) and for is severely
out of compliance with other terms and conditions as defined by this FA, including the
access to records provisions of Part ll, Section 8.
7. GRANT
This is a one time only grant of the Measure R Funds are subject to the terms and
conditions agreed to herein. This grant does not imply nor obligate any future funding
commitment on the part of LACMTA.
8. SOURCES AND DISPOSITION OF FUNDS:
8.1 The obligation for LACMTA to grant the Funds for the Project is
subject to sufficient Funds being made available for the Project by the LACMTA Board
of Directors. If such Funds are not made available as anticipated from Measure R
Program revenues, LACMTA will have the right to adjust the cash flow accordingly until
such funds become available. LACMTA shall have no obligation to provide any other
funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the GRANTEE Funding
Commitment, if any is identified in the Project Funding (Attachment A), towards the cost
of the Project. If the Funds identified in Attachment A are insufficient to complete the
Project, GRANTEE agrees to secure and provide such additional non-LACMTA
programmed funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the
Project.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount
specified in Part I, Section 2 of this FA subject to the terms and conditions contained
herein. Any Funds expended by GRANTEE prior to the execution of this FA (prior to the
LACMTA Chief Executive Officer's signature) shall not be reimbursed not shall they be
credited toward the GRANTEE Funding Commitment requirement, without the prior
written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to
the year the Funds are awarded shall be spent at GRANTEE's own risk.
8.5 If GRANTEE receives outside funding for the Project in addition to
the Funds identified in the Project Funding and the Expenditure Plan at the time this
grant was awarded, this FA shall be amended to reflect such additional funding. If, at
the time of final invoice or voucher, funding for the Project (including the Funds,
GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project
costs, then the cost savings shall be applied in the same proportion as the sources of
funds from each party to this FA as specified in the Project Funding and both the Funds
and GRANTEE Funding Commitment required for the Project shall be reduced
accordingly.
Rev: 07.13.10 10 I-5 JPA Measure R Highway Program FA
MEASURE R DESIGN AXD CONSTRUCTION Funding Agreement #MOUI5]PA2
9. TIMELY USE OF FUNDS 1 REPROGRAMMING OF FUNDS:
9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) executing this FA within ninety (90) days of receiving formal
transmittal of the FA from LACMTA, or by December 31 of the
first Fiscal Year in which the Funds are programmed,
whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by
the LACMTA and GRANTEE in Attachment C (Scope of
Work) of this FA. Contracts for construction or capital
purchase shall be executed within nine (9) months from the
date of completion of design; and
(iii) submitting the Monthly Progress/Monthly Expenditure Reports
as described in Part II, Section 6.1 of this FA; and
(iv) expending the Funds granted under this FA for allowable
costs within three years or 36 months from July 1 of the Fiscal
Year in which the Funds are programmed, unless otherwise
stated in this FA. All Funds programmed for FY 2010-11 are
subject to lapse by June 30, 2014.
9.2 In the event that the timely use of the Funds is not demonstrated as
described in Part Il, Section 9.1 of this FA, tate Project will be reevaluated by LACMTA as
part of its annual Recertification/Deobligation process and the Funds may be
reprogrammed to another project by the LACMTA Board of Directors in accordance with
the Ordinance, which may require that any reprogrammed funds be returned to the sub-
region. In the event that all of the Funds are reprogrammed, this FA shall automatically
terminate.
10. DEFAULT:
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails
to comply with the terms and conditions contained herein; or (ii) GRANTEE fails to
perform satisfactorily or makes a material change, as determined by LACMTA at its sole
discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without
LACMTA's prior written consent or approval as provided herein.
11. REMEDIES:
11.1 In the event of a Default by GRANTEE, LACMTA shall provide
written notice of such Default to GRANTEE with a 30 -day period to cure the Default. In
the event GRANTEE fails to cure the Default, or commit to cure the Default and
commence the same within such 30 -day period to the satisfaction of LACMTA, LACMTA
shall have the following remedies; (i) LACMTA may terminate this FA; (ii) LACMTA may
make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover
from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
Rev. 07.13. 10 11 I-5 f PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #M0UI5JPA2
11.2 Effective upon receipt of written notice of termination from LACMTA,
GRANTEE shall not undertake any new work or obligation with respect to this FA unless
so directed by LACMTA in writing. Any Funds expended after termination shall be the
sole responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall
have the right to enforce any and all rights and remedies herein or which may be now or
hereafter available at law or in equity.
12. COMMUNICATIONS:
12.1 GRANTEE shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project. For purposes of this Agreement,
"Communications Materials" include, but are not limited to, newsletters and other printed
materials, advertising, websites and electronic media, and construction site signage.
12.2 GRANTEE shall ensure that at a minimum, all Communications
Materials shall include (i) the phrase "A Measure R project funded by Metro"; and (ii) the
Metro logo. Further guidance on acknowledging LACMTA contribution is provided in the
Communications Materials guidelines available from the LACMTA Communications
Division.
12.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.4 GRANTEE shall ensure that any subcontractor, including, but not
limited to, public relations, public affairs, and/or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section
12.
12.5 GRANTEE shall notify the LACMTA Chief Communications Officer
or his/her designee of all press events related to the Project in such a manner that allows
LACMTA to participate in such events, at LACMTA's sole discretion.
12.6 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.7 GRANTEE shall ensure that any subcontractor, including, without
limitation, public relations, public affairs, and/or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section 12.
Rev: 07.13.10 12 1-5 JPA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MCU151PA2
13. OTHER TERMS AND CONDITIONS:
13.1 This FA, along with its Attachments, constitutes the entire
understanding between the parties, with respect to the subject matter herein. The FA
shall not be amended, nor any provisions or breach hereof waived, except in writing
signed by the parties who agreed to the original FA or the same level of authority.
13.2 GRANTEE is obligated, to continue using the Project dedicated to
the public transportation purposes for which the Project was initially approved. The
Project right-of-way, the Project facilities constructed or reconstructed on the Project site,
and/or Project property purchased excluding construction easements and excess property
(whose proportionate proceeds shall be distributed in an equal proportion of the grant to
GRANTEE Funding Commitment ratio) shall remain dedicated to public transportation
use in the same proportion and scope and to the same extent as described in this FA.
Equipment acquired as part of the Project, including office equipment, vehicles, shall be
dedicated to that use for their full economic life cycle, including any extensions of that life
cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the
State of California, County of Los Angeles, or the U.S. District Court for the Central
District of California) proceeding between the parties to enforce or interpret this FA, to
protect or establish any rights or remedies hereunder, the prevailing party shall be entitled
to its costs and expenses, including reasonable attorneys fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or committed
to be done by GRANTEE under or in connection with any work performed by and or
service provided by GRANTEE, its officers, agents, employees, contractors and
subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold
LACMTA, and its officers, agents and employees harmless from and against any liability
and expenses, including without limitation, defense costs, any costs or liability on account
of bodily injury, death or personal injury of any person or for damage to or loss of risk of
property, any environmental obligation, any legal fees and any claims for damages of any
nature whatsoever arising out of the Project, including without limitation: (i) use of the
Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii)
breach of GRANTEE's obligations under this FA; or (iii) any act or omission of
GRANTEE, or its officers, agents, employees, contractors or subcontractors in the
performance of the work or the provision of the services, in connection with the Project
including, without limitation, the Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the
performance of its obligation hereunder to the extent that the performance of any such
obligation is prevented or delayed by unforeseen causes including acts of God, acts of a
public enemy, and government acts beyond the control and without fault or negligence of
the affected party. Each party hereto shall give notice promptly to the other of the nature
Rev: 07.13. 10 13 I-5 ]PA Measure R Highway Program FA
MEASURE R DESIGN ANI] CONS'TRUCT'ION Funding Agreement #MOUISJPA2
and extent of any such circumstances claimed to delay, hinder, or prevent performance of
any obligations under this FA.
13.6 GRANTEE shall comply with and insure that work performed under
this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statutes, ordinances, rules,
regulations, and procedural requirements including Federal Acquisition Regulations
(FAR), and the applicable requirements and regulations of LACMTA. GRANTEE
acknowledges responsibility for obtaining copies of and complying with the terms of the
most recent federal, state, or local laws and regulations, and LACMTA requirements
including any amendments thereto.
13.7 GRANTEE agrees that the applicable requirements of this FA shall
be included in every contract entered into by GRANTEE or its contractors relating to work
performed under this FA and LACMTA shall have the right to review and audit such
contracts.
13.8 GRANTEE shall not assign this FA, or any part thereof, without poor
approval of the LACMTA Chief Executive Officer or his designee, and any assignment
without said consent shall be void and unenforceable.
13.9 This FA shall be govemed by California law. If any provision of this
FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in anyway.
13.14 The covenants and agreements of this FA shall inure to the benefit
of, and shall be binding upon, each of the parties and their respective successors and
assigns.
13.11 If any software/Intelligent Transportation Systems ("ITS") is
developed with the Funds and if GRANTEE ceases to use the software/ITS for public
purposes or GRANTEE sells, conveys, licenses or otherwise transfers the software/ITS,
LACMTA shall be entitled to a refund or credit, at LACMTA's sole option, equivalent to the
amount of the Funds spent developing the software/ITS. Such refund or credit shall not
be required, subject to LACMTA approval of the intended use, if GRANTEE reinvests the
proceeds of such sale, conveyance, license or transfer into the Project to offset operating
or systems management costs.
13.12 Implementation of any ITS project shall be consistent with the
Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS
Policy and Procedures adopted by the LACMTA Board of Directors including the
submittal of a completed, signed self -certification form in the form of Attachment F-1. For
the ITS policy and form, see
www.metro.net/proFects studies/call promectslother resources.htm.
Rev: 07.13.10 14 I-5 ]PA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOUI5JPA2
13.13 If any parking facilities are designed and/or constructed using the
Funds, GRANTEE shall coordinate with LACMTA parking program staff (see METRC.net
for staff listing) in the planning, design and management of the facility and shall ensure
that its implementation is consistent with the LACMTA adopted parking policy. Forthe
parking policy, see www.metro.net[projects—studies/call projects/other resources.htm.
13.14 GRANTEE will advise LACMTA prior to any key Project staffing
changes.
13.15 Notice will be given to the parties at the address specified in Part I,
unless otherwise notified in writing of change of address.
13.16 GRANTEE in the performance of the work described in this FA is not
a contractor nor an agent or employee of LACMTA. GRANTEE attests to no
organizational or personal conflicts of interest and agrees to notify LACMTA immediately
in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not
represent itself as an agent or employee of LACMTA and shall have no powers to bind
LACMTA in contract or otherwise.
Rev: 07.13.10 15 I-5 ]PA Measure R Highway Program FA
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ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
State Law Requires All Measure R Pro'ect and Program Sponsors to Submit an
Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state
law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan
Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital
project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed
and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before
making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the
projects and programs and/or each project or program activity;
o The schedule during which the project sponsor anticipates funds will be available for each project and
program and/or each project or program activity; and,
o The expected completion dates for each project and program and/or project or program activity.
Each of the above elements must be provided in enough detail to determine consistency with Measure R, the
Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation
Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including,
but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and below -
ground subways versus any other rights-of-way or above -ground work;
o A current -year cost estimate breakdown of the major sub- elements of the project such as overhead,
environmental and permit work, design and engineering, right-of-way, construction/installation (including
maintenance facilities, rail yard, equipment and other major components), construction/installation support,
interest costs, rolling stock, and other supporting components;
a Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety,
energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any
federal, state, local, or private funding identified for the project if applicable including a 3% local funding
contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source
funds are in current or year -of -expenditure dollars;
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described
above; and;
o The expected completion by month and year of project or program completion.
Moasure R Funding Agmenvns
Atumhmenl B • Et p42 wre Plan Guidelines
Rev, 00.20.17 1
ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
State Law Requires All Measure R Prolect and Program Sponsors to Submit an
Expenditure Plan
Below is an excerpt of AB 2321 (200B, Feuer) the state legislation that requires the expenditure plan.
What AB 2321 2008 Feuer Says About the Ex enditure Plan:
Section b (3) B
(f] Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues
derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified
by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total
cost for each project and program, funds other than the tax revenues that the MTA anticipates will be
expended on the projects and programs, and the schedule during which the MTA anticipates funds will be
available for each project and program. The MTA shall also identify in its expenditure plan the expected
completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be
eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program
shall submit to the MTA an expenditure plan for its project or program containing the same elements as the
expenditure plan that MTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure
plan adopted pursuant to subdivision (0, including, but not limited to, the expenditure plan adopted by the MTA
board as 'Attachment A° in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any
other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature
representing the County of Los Angeles of all of the following:
(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the
following:
(A) Affect the amount of net revenges derived from the tax imposed pursuant to this act that is proposed to
be expanded on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability of funds proposed to be expended on a capital project or projects
identified in the adopted expenditure plan.
(C) Affect the schedule for the estimated or expected completion date of a capital project or projects
identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely
availability of funding for the capital project or projects contained in the adopted expenditure plan.
raeaW L- R F u nd i np Agreurnm t
AttaOrronl 5 - Exmn iurp Pian GuWernes
Rev CUD r 1 2
ATTACHNfF.N7 Rl -EXPENDITURE PLAN COST& CASH FLOW BUDGET
Nicasurc R Program- Funding Agreement ProjrcLs - FA Y MOU.MR50316
LSPrc-construction Mitigation Final Phase
PROGRAMMED SOURCES OF FUNDS
fooa's3
rM�
"'-
-
PROJECrFUNUING
F,-.,—ttI—, A,--.
A i l w'KUEN i n I. E[PEii7 TUjT Plx t
Re. 01 t,t43 F,>,�. • cl 4 CC [ CA_]I FLWI L-u6C-7
An'ACHAMENT B1 - EXPENDITURE PLAN COST& (AS'ri FLOW BUDGET
11castnrc R Program - Funding Agrt�tmem Projects - FA # MOLIAIR50316
l-5 pre-COn5tsurLion Mitigation Final Phasc
PHOGRAMMED SOURCES OF FUNDS
100n'si
Fp,L' .nrw.v A9 .
ATTACKUZln a%- Exnw7rupr T1.+W
Fw, u�p1 f0 F+�T]o�i COS! WNFLOWMMET
ATTACHMENT Bl -EXPENDITURE PLAN COST & CASH FLOW BUDGET
Mcasurr R Program - Funding Agreement Projects - FA q MOU.N1 RS0316
I -Sere -construction MidgaY cn Final Phase
PROGRAMMED SOURCES OF FUNDS
[000's1
F•.4L R Foam Aw�
] r;. ] of ; •TT +1 51. E P[HOnURE Pi
Arr, 07 D1
005T GL%4 FL VH 0L03ET
ATTACHMENT BI - EXPENDITURE PLAN COST &CASH FLOW BUDGET
Measure R Program • Fund ingAgrcYmclis Projccts - FA 0 MOU.h1R50316
1.5Prc{onstrucrion Mitigation Final Phasc
PROGRAMMED SOURCES OF FUNDS
(000'5)
SOURCES OF FUNDS
LACMTA PROGRAMMED FUNDS:
FY 201&17
try
FY 7016-17
Qtr2
FY 2D16.17
Qti3
FY 7016-17
Qtr4
FY 2017-10
trl
FY 2017.19
Qtf 2
FY 2017 -la
Qtr ]
FY 7017.1E
Qtr4
TOTAL
BUDGET
MEASURE R FUNDS:
PAED
PS&E
RW suppon
Cu1uL Su 'Ort
RW
Camtructlon
ToW M SURE R
PROP C 25%
PAED
PS&E
RW Su an
Cons 1.5u Prolt
RW
Ca wu ucilun
TOL21 PROP C 25%
SUM FROG LAChi A FUNDS:
0
So
OTHER NON LACMTA FUNDING:
LOCAL- s
PAED
PS&E
RW Su en
I
ramL Support
RW
rulnl�livn
TOW LOCAL%
STATE: .
PAED
PS&E
RW SUppDrL
Cam!- Support
RW
Camtnsction
Tom STATE%
PAED
PS&E
RW Suppon
Concf. suppon
RW
Ca r atructio n
Wal DERAL%
PRIVATE;
PAED
PS&E
RW Suppprl
Cama. Su rt
RW
Cm rrurlion
Total PRLVATE961
SUM NO - CM A FUNDS :
S1
PRO Ecr FUNDIN G. FY 17-1
:-:•:•SUMKARY:OF}lL•I.'F.UN�]9
::::... ::::.::.:.:.:....:::::.::.:
' '
••• • •570,841
•'• - - ••3 •••
PAED
S
S
SO
5112 22.
S
$283.362
PS&E
S
3
S
3950,0861
$495.534
$70,841
S
51416,811
Su n
5
S
S
$
S
SO
Sol
i
CanaL Su rt
1226,690
590,6.76
S22,669
St
so
S
5396,70
5396,707
51.137,4x9
R
SolS
5
51
so
S
S
S
I
Qmtrurticn I
52,266,897
5906,759
S226,6M
SIA
177
S
5!.967.07
53.967.070'
51:,314.496
TOTAL MILESTONES I
52.493,58
S997,4351
S249,3591
$
51,062,6091
5566,72
$4,414.61
$4,163,
514.168,107 :
............................
......... ......
SUM PROG LACMTA FUNDS
5
SUM NDN-LACMTA FUNDS
fD
-
TOTAL PSOIECP FUNDING
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MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MDU.MR50316
Attachment ❑
Reporting and Administrative Guidelines
Monthly Progress/Expenditure Report (Attachment D1) is required for all projects.
The GRANTEE shall be subject to and comply with all applicable requirements of the
funding agency regarding project -reporting requirements. In addition, GRANTEE will
submit a Monthly Progress/Expenditure Report to the LACMTA at P.D. Box 512298,
Los Angeles, CA 90051-0296. Please note that letters or other forms of
documentation may not be substituted for this form.
The Monthly Progress/Monthly Expenditure Reports cover all activities related to the
project and list all costs incurred. It is essential that GRANTEE provide complete
and adequate response to all the questions. The expenses listed must be supported
by appropriate documentation with a clear explanation of the purpose and relevance
of each expense to the project. Expenses must reflect the proportionate share of
local match, if any, including in-kind, charged to the grant.
■ In cases where there are no activities to report, or problems causing delays, clear
explanation, including actions to remedy the situation, must be provided.
■ GRANTEE is required to track and report on the project schedule. LACMTA will
monitor the timely use of funds and delivery of projects. Project delay, if any, must
be reported each month. Projects not delivered in a timely manner will be
reevaluated by LACMTA as part of the annual Measure R allocation update process
and the Funds may be deobligated and reprogrammed by the LACMTA Board.
• The Monthly Progress/Expenditure Reports are due to the LACMTA within 15 days
after the close of each month.
Upon completion of the Project a final report that includes project's final evaluation must
be submitted.
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope -of -Work (FA
Attachment C) is considered ineligible and will not be reimbursed by the LACMTA
unless prior written authorization has been granted by the LACMTA Chief
Executive Officer or his designee.
• Any expense charged to the grant or local match, including in-kind, must be clearly
and directly related to the project.
■ Any activity or expense charged as local match cannot be applied to any other
LACMTA-funded or non-LACMTA-funded projects; activities or expenses related to a
previously funded project cannot be used as local match for the current project.
Rev: 07.13.10 22 I-5 IPA Measure R Highway Program FA
MEASURE R DESIGN AND CONSTRUCTION Funding Agreement #MOU.MR50316
Administrative cost is the ongoing expense incurred by the GRANTEE for the
duration of the project and for the direct benefit of the project as specified in the
Scope -of -Work (Attachment C). Examples of administrative costs are personnel,
office supplies, and equipment. As a condition for eligibility, all costs must be
necessary for maintaining, monitoring, coordinating, reporting and budgeting of the
project. Additionally, expenses must be reasonable and appropriate to the activities
related to the project.
• LACMTA is not responsible for, and will not reimburse any costs incurred by the
GRANTEE prior to the execution of the FA, unless written authorization has been
granted by the LACMTA Chief Executive Officer or her designee.
• The FA is considered executed when the LACMTA Chief Executive Officer or her
designee signs the document.
DEFINITIONS
Local Participation: Where local participation consists of "in-kind" contributions
rather than funds, the following contributions may be included:
• Costs incurred by a local jurisdiction to successfully complete the project.
Examples include engineering, design, rights-of-way purchase, and
construction management costs.
• Donations of land, building space, supplies, equipment, loaned equipment, or
loaned building space dedicated to the project.
Donations of volunteer services dedicated to the project.
• A third -party contribution of services, land, building space, supplies or
equipment dedicated to the project.
+ Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary
and necessary, consistent with established practices of the organization, and
consistent with industry standard of pay for work classification.
• Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be
adjusted to reflect a "reasonable and customary" level. For detail definition of
"reasonable cost", please refer to the Federal Register OMB Circulars A-87 Cost
Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit
Organizations.
• In -eligible Expenditures: Any activity or expense charged above and beyond the
approved Scope -of -Work is considered in eligible.
Rev: 07.13.1.0 23 1-5 IPA Measure R Highway Program FA
Measure R FA
LACMTA
(FA) Measure R Funding Agreomont - ATTACHMENT 01
MONTHLY PROGRESS REPORT
Or/mae To Complete -
Imroka /
Invoice Date
FA/
Monthly,Report I
GRANTEES ARE REQUESTEO TO MAIL THIS REPORT TO
P.O. Box 0 51229 6, Los AngoW3. CA 9 00 51 -029 6 after the close
of each month. Please note lhal loners or other farm
of loco rwiits t,en troy not be subSeWlCd fpr thks IOrrrL Refer td the
Aeponing and Expdnd1two Gu:detrnm (Atlactvrwnt Dy for further infomuftn.
SECTION 1: GENERAL INFORMATION
P ROJ ECT TITL E: 1-4 Pre -Core 1ruc0on M 414 ation Final Phase
FA b: M 85031a
MONTHLY REPORT SUBMITTED FOR Month: Year.
DATE S U BM ITTE D:
GRANTEE Contact t
Project Manager
ft . OA" It 5 PJa R FA- ATTACH 0144ONTHLY PROGRESS
Measure R FA
LACMTA
(FA) Measure R Funding Agreement • ATTACHMENT D1
Ulf oadoe w bbr and ar.larronai ar aww . Na FA, wen read and ■rad dalaL Do Nor m4we 711E owoKu FA Aw-k oug swiTANo END oArEs scow.
Gr wos muni make Ovary 0.7arl to acoundey portray miosrpne Calor h ft Earp W FA Slope of Work, baro t* wZ pevlda rrw baafa for cokLewL-V any pr*cr dahy. Kmr.atorro stxl andtr arrd dales ck+n➢a horn
IAnra afated N Vra OrbWFA S
FA Mlloctono$
0rlglnaI FA Start Original FA End
Da to In Scope of Date In Stype of
Work (MonffiNoar) Work (Month)Yomri
a h
LACMYA
Approved
Changes
(Months)
c
LJI M q
Approved
Complotion
schvdvle
d�6*p
Current
Completion
Forecast
(Mont"Yow)
o
Schedule
Varlance
(Monvul
fed
Percent
Completed By
Tlmo
PLANNING
Precava Cance t Repo n
Pro pard Fee s1blii ty Stud
Pre porn Preecl Study Report
In[aIOU a n I Trans Portation
FeasiblIdy Stud
Conte Irt ExrJoration
Pro lirnlnary Des Ig n
Prepare Detailed E)2sign Plans
Pra.Paro Detailod CoraWction
P.�re are Project Cast Estimate
tntelil ont Trans Ration
Cc ncept a ❑ rations
Syttem Ro uiremerns
Hl q h Level De sign
PASED
Prepare EnvimrLmenlal
scopina
Technical Sludies
Draft Emrlron nta!
Final Environmental
Gamrrruri IV Outreach
Secure ProedApproved
Into lilgent Trans ortation
Ca! ca l Fie mown
Ps&E
35% PS&E
Prei lmifla ry I as 'aaUa n_s
Pr6iffJnay Foundation
Geomclric Dravrinas
BrIdirru Type Satection
AOL Rewlew
uu Iuos
Right -of -Way
Estiffm
Civic Des tin
structural Deslfa7
Intelligent Trans nation
Deieaed Doi n
ITS Drawl s
System Plans
CommuNpalivr* Plans
5 slums I mograjiurts Plans
EquLmont SPecificatwns
Soliwero S fic000m
project Revlew & Comrngrks
65% P56 E
Civ Desi n PIVM
Rig N-of-WavE rrinuen ng
5truauroi DOsi=n
Pre aro Pre Ct Cost
Into I1 on! Trane arlallvn
k
Deladed Design
ITS crdm ra s
SYCOM Plaru
CcrrwmNcoUcru Plans
S%MtorR7 Irdac:mboms Ram
EAulgrWrt S cifica%wns
Sahwaro 5-C"itcstiares
Pro cc[ Roview d Comrnclris
R4r 4020 11 2 hleaaura R FA- ATTACH 01.MONTHLY PRDG F.=
&Ieasure R FA
LACINTA
(FA) Measure R Funding Agreement - ATTACHMENT DS
MONTHLY PROGRESS REPORT
FA Mllest anos
OrIgIrlal FA Start Original FA End
Date In Scope of Date in Scope of
Work (MonthlYear) Work {MonlhlYear)
a b
LACMTA
Approved
Changes
[Mentha}
e
LACMTA
Approved
Completion
Schedule
d=b•c
Current
Complellon
Fom=t
(Month/Year)
a
Schedule Percent
Variance Completed By
(Months) Time
f--e-d
95% PS&E
Ctvli Desinn Plans
Sbvctural D"an
Intelil ant Transportation
Data lad Deslgn
ITS Draydnrls
S 'stem Plans
Communications Plans
Systems 11mrartions Plans
EquiRment Specificaliom
Software SPedlicallons
Submittals & Reviews
Submit Final PS&E
OumIde Agenty Review
ROW
CeAifieadeNMe
Tllta Report
Meet with ProOwners
Appraisal
Environmental Inv asll Wrk
Cloal uiliioNReloeatlon
Pt�1lleel POSSeesfOn
RemedlWon
Third Party Coordtnatlon
UT1LrTy RELOCATION
Th[rd Party Coordination
Design Utilities
Relocate Utilities
SOLICITATION fBIDIPROPOSALI
Develop Solicitaboa Package
Sotidtadon Re neo
Evaluatim
Seledlon
Board ApMvjW
Contra[[ Award
Fully Executed Cowan
Pcv: 06.40.11 7 Menem R FA- ATTACH DI-MOWFLY FFSOGRE55
Measure R FA
LAChtTA
(FA) Measure R Funding Agreoment - ATTACHMENT Di
MONTHLY PROGRESS REPORT
FA Mlles tornea
Original FA Stan Orlglnvl FA End
Data In Scope of Date in Scope of
Work (MentWear) Work (MondVYear)
a b
LACMTA
Approved
Changes
(Months)
c
LACNITA
Approved
Completion
Schedule
d=b+c
Currvnt
Compiedon
Forecast
(MonthlYear)
a
Schedule
Variance
(Months)
f --&d
Percent
Completed lay
Time
CONSTRUCTION
Excayadon
GearlGrub
Survey
Samoa Bor
GradInp
Co on
Drain^e
Envlronmenlal
H arardovs Mate dais Handll nq
Arhaod Icdl
Air OuN Monitoring
Concrete
Form Work
Rebar Plu*rnerd
Imbeds
TeslIng
Finisling
Traffic Conlrol
TMP
Structural
False Work
iron Placermrd
Pole Placernerd
UUSltles
DYV P
SCE
LAD OT
litatedals
Long -Lead Equlwnent
Staging
Materd Lyj Down Aroa
slanage
Eloclrical
Power LNG CorrnxWcir ions
NG TestirdAweptance
Landscape
Clearing
Planting
Plarx Establishment
IrrNaIIan
TesUnp
Change Orders
P.O. Processing Time
Weather
Third Party Issues
Strike Labor WalkGlds
Form 'sure
Claims
Intelligent Transportation System
H ardwam l So Rware
Ecus menllnstalladons
Software DeveJapffherd
S mlems Integration
DOVice To SG
Subsystem Vedficadon
SyMm VeHflwllon
I
Final Systems Acce-oIanco
Sall cite dvn (Old/Propolko
Duval op Sol lcHaTionPackage
I
Solicstadon Response
Evaluations
I
Selecdon
I
'
Board Ancrvv-al Pmco35
I
I
Contract Award
I
I
Fully EYep.ded Contract
I
I
Rcr C(5,20 11 4 Measure R F?�- ATTACH 01'MONTHLY PROGRESS
Measure R FA
LACIATA
(FA) Moasuro R
-ATTACHMENT 01
eased on Ihr: corrpirdwn ed the drlginal and actual W*ct milestone schedules above, project is (select edy doe)
DAherd d colpy1 FA %0 W g 1:1Lnse Wn 12 mdnen behind aipind mh dufe
=tis sanale par wVW1 FA %d** as
�6erwplr112.${ me+Nl Uet6d eripYial /dr+i�Ie
LIM "M n 24 movirm ber+nd o"I schedule
i. PROJECT DELAY
If prof /et Is dtlayed, desodbe restore for dslay (this monthj. Pay particular attention to schedule doi'ays. If do ley Is for the tame mason as mentioned In pronoun snorting, ptoaso
indicated bywrit! rig 'Sarna s Prawloon Month'
5. ACTION ITEMS TO RESOLVE DELAY
If the protect Is dela a■ dascrlbed In 041, Include aC"on Items that have We N or will be undertaken to ra/alva Ifs dally.
slues
Targeted RosolutfonlRes panser Date
e. COST SUMMARY
FAW%ownse Prolesl Budget
g
LACMTA Approved
Changes
h
Current Percent
Approved Expenditures Estimate At Completed By
Budget to pate Completion Cost Verlance LollarAmount
1= +h k 1=k-1
PLANNING
PASED
PSSE
ROW Support
ROW
CONSTRUCTION Support
CONSTRUCTION
7, RISK VANAG EMENT PLAN 1 PROJECTRJSK REGISTER
This Risk Rea later shall Ind ludo a 11 stft or vaturrital act risks. Id onaly project ds W and provide a deem Von of Indh I_dual rink evens or urrelanu/d
everts that ma
Risk Cst&o o ry Risk Event
Risk PotsnUaI
(Low1MedhrmlHI h)
Rhk MItfbatlon Strategies Action
I Oulcame
ErM ormerdal
PI a nnl noI
Oesldn
ROW
Car>nlruc ion
Bid/Award I
I
Third Part
I cratrly that I am the nlsponsiWe Project Manager or fiscal offiecr and ropmsontative o
and that to the best of rry knowtedge and belleI the In(onnation
slated In Ns report is true and correct
Slgnarum
Data
Rev 08,20.11 5 Mv*swe 9 Fin ATTACH DI-MUNR-LY PROGRESS
Los Angeles Metropolitan Transportation Authority
2019 Federal Transportation Improvement Program ($000)
Projan Oescrip6m 1S Cansonlum Chas Jakni Porus AuCwrlty. Randtiila6arl dy Vdnaus artwUs near or ad;acent to the 14 SCAG RTP Prej act f: 1AL04
Is Mode!Model ie:
freaway in the ddes of La Mirada, Santa Fe Sprog e, Norwalk and Downay- PM: Yvette IUrrin • (626) 644-M
F.rnaie yrotloGkee-4x,eam
LS; H LS GROUP#:
ConforrnkyCalogory. EXEMPT
8ys1On :Local Hwy Role : P0.1unilo: Dlnanca; Phase: ErlgnaarirglPLans, Spearcations and Estim etas (PSSE) Completion Dale 060= 13
Lena 0 Elttd: Lone ■ Pray: imp y Dare Air Baser SCAB En+ir Doc- CATEGORICALLY EXEMPT • 01101201 t
Tdl Rate: Toll Cok Loc Td1 W0zxk Hw acs eH Ioc Uxa: Las Angelos -Long Sub -Area Su1}Regiwc
SaadlSarlta Ana
Program Code: NCR31 - ROAD REPLC 6 REHAB (N0 LN ADD) CTIPS ID: EA rr. PAHO:
PHASE PRIOR t0111 11112 12113 13714 14/15 15116 BEYOND TOTAL
WOM • cusum R 20% Rlatrway P E 30 30
_•� RW 30 ----------.. __ �.
CCH 31000 314,100
SUBTOTAL- —^ St4.100 i;4100
• Oarwral eaellent Hw Lieswre R PmJod
-ewOe-01Ca M1
-Tcmcarm m
-Namllra: NM Prupd
NR2DH
1 Add U4& In 1 pry l in CON kv Sts, f DO
TOW ordac7 coltS 11.100
TOTAL PE: 50 TOTAL Rao: t0 TOTAL CON; fT4.100
Change reaaon:New project Total Cc3t $14.100
Page 7 Tuesday, Otxnher4, 2011