HomeMy WebLinkAbout08. CIP 19-06 - Authorize Funding Agmt w-Metro for Paramount Blvd at Imperial Hwy Intersection ImprvItem No.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITYILCITY r',ap'10
FROM: OFFICE OF THE CITY MANAGER 4&;
BY: D LFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLICWORKS/CITY I
t1 1
SUBJECT: FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (METRO) PROVIDING
$3,185,000 IN MEASURE R GRANT FUNDING• ' THE PARAMOUNT
BOULEVARD AT IMPERIAL HIGHWAY INTERSECTIONIMPROVEMENT
PROJECT,AL IMPROVEMENT PROJECTNO. i
That the City Council authorize the City Manager to execute:
1. A Funding Agreement (FA) with the Los Angeles County Metropolitan Transportation
Authority (Metro) providing $3,185,000 in Measure R Grant funding for the Paramount
Boulevard at Imperial Highway Intersection Improvement Project, Capital Improvement
Project No. 19-06; and
2. Any future amendments to the FA as necessary in a form approved by the City Attorney.
xe-IffsaW FIC
In July 2018, the City of Downey received approval from the Metro Board of Directors for a
Measure R grant through the 1-710 Freeway Corridor Environmental Impact Report/Statement
Early Action Program in the amount of $3,185,000 to fund the environmental, design
engineering, right-of-way acquisition, construction and construction engineering phases for the
Paramount Boulevard at Imperial Highway Intersection Improvements. This project will construct
capacity enhancements and infrastructure improvements at the intersection in order to sustain
an acceptable level -of -service and provide more durable pavement and other infrastructure to
withstand heavy traffic loads at this intersection through 2035 due to a projected 18% increase
in traffic volume at this location.
The City has determined that the proposed capacity enhancements and infrastructure
improvements at this intersection is beneficial to the City due to the need to accommodate the
projected 18% growth in traffic volume as well as preserve the infrastructure due to projected
heavier traffic loads at this intersection.
The estimated cost of completing the environmental, design engineering, right-of-way
acquisition, construction and construction engineering phases of the project is $3,185,000. This
project will include the following specific elements:
Funding Agreement with Metro for the ParamountBlvd. at Imperial
FebruaryIntersection Improvement Project, CIP No. 19-06
12, 2019
• Reconstruction of intersection approaches and departures with concrete pavement;
• Widening along the east and west sides of Paramount Boulevard and at the northwest,
northeast and southwest corners of the intersection to provide double left -turn lanes in
the southbound, westbound and northbound directions at the intersection;
• Construction of decorative concrete crosswalks;
• Construction of Americans with Disabilities Act (ADA) compliant curb access ramps,
drive approaches and sidewalks;
• Provision of customized City bus shelters;
• Modification of existing traffic signal; and
• Incidental striping and signing modifications.
The Paramount Boulevard and Imperial Highway intersection is shown on the attached Project
Location Map (see Attachment A).
The City is now ready to initiate the environmental and design phases of the project. The
execution of the attached FA with Metro (see attachment B) will provide $3,185,000 in Measure
R funds to cover the cost of the environmental, design engineering, right-of-way acquisition,
construction and construction engineering phases of the project. The funds will be made
available to the City on a reimbursement basis.
Upon execution of the attached FA, the City will initiate the environmental and design phases of
the project by circulating a Request for Proposals (RFP) to procure the necessary professional
services. The estimated completion date of the design phase is September 2020. The
construction phase will follow immediately thereafter.
•s
Quality of Life, Infrastructure & Parks
1
The total estimated cost of the environmental, design engineering, right-of-way acquisition,
construction and construction engineering phases of the Paramount Boulevard and Imperial
Highway Intersection Improvement Project is $3,185,000. A total of $3,185,000 is currently
programmed for this project in the Fiscal Year 2018-2019 Capital Improvement Program budget
in account no. 26-1-6745. The funding source is 1-710 Freeway Corridor Environmental Impact
Report/Statement Early Action Measure R grant funds.
ATTACHMENTS
Attachment A — Project Location Map
Attachment B - FA
K
� � � �
DEPARTMENT OF »?#?\ «#f»\ a I Y � � � � �°N �w\� �
E
CAPITAL IMPROVEMENTPROJECT NO.
f ra mo 2 22 Boulevard 4\ Imperial Highway
Improvement r je\\
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
gap I E" ; LIM" ri
•• • 4
This
• Agreement ("FA") is made and entered into effective as of July 19, 2018
("Effective Date"), and is by
• between the • Angeles • Metropolitan Transportation
Authority ("LACMTA") and the City of Downey ("GRANTEE") for Paramount Blvd. at Imperial
Highway Intersection Improvement Project, LACMTA Project ID# MR306.49 and FTIP#
LAOG1518, (the • This Project is eligible for funding under Line 33 • the Measure R
Expenditure Plan.
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, the funding set • herein is intended to fund Project Approval and
Environmental Document (PA&ED), Plans, Specifications and Estimates (PS&E), Right -of -
Way, and Construction • the •
P W IM r-MR&P 4 U URNE&M If UvRk-71
MI-MeTE7, progiainiTITT"M"r. .. i C I ,
in Fiscal Years (FY) FY 2018-2019; and FY 2019-2020. The total designated •, PA&ED,
Right -of -Way, and Construction of the Project is $3,185,000.
I ill0 I My 1:1 SnOW 1114 9M 0 0
Me terms
•' conctitions • FAZ • •, 1 inn P
reference herein as if fully set
• herein:
•,; Terms • the FA
2. Part II — General Terms of the FA
3. Attachment A — Project Funding
4. Attachment B — Measure R Expenditure Plan Guidelines
5. Attachment B-1 — Expenditure Plan- Cost & Cash Flow Budget
6. Attachment C — Scope • Work
7. Attachment D — Project Reporting and Expenditure Guidelines
V. Attachment D-1 — Monthly Progress Report
9. Attachment D-2 — Quarterly Expenditure Report
10. Attachment E — Federal Transportation Improvement •• (FTIP) She
11. Attachment F — Bond Requirements
12. Any other attachments or documents referenced in the above documents
I erms oi
General Terms of the FA.
Measure R Funding Agreement — Highways
- General
Attachment B
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.49
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly
authorized representatives as of the dates indicated below:
By: Date:
Phillip A. Washington
Chief Executive Officer
MARY C. WICKHAM
County Counsel
Counsel
BDate:
look
VAI^ --e
W AC
eputy
By: Date:
Gilbert A. Livas
City Manager
APPROVED AS TO FORM:
lon
.1
By: Date: IM
Yvette M. Abich Garcia
City Attorney
Rev: 12.06.16 2 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
1. Title of the Project (the "Project"): Paramount Blvd. at Imperial Highway Intersection
Improvement Project — Project Approval & Environmental Document (PA&ED), Plans,
Specifications and Estimates (PS&E), Right -of -Way, and Construction. LACMTA Project ID#
MR306.49, FTIP# LAOG1518.
OOOOKR�=
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 $3,185,000 (the "Fund") for
theProject. LACMTA Board of Directors' action of April 26, 2018 granted the Measure
R Funds for the Project. The Funds are programmed over two years for Fiscal Y-
1 1
018-2019 and FY 2019-2020.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the
appropriate supporting documentation with the Monthly Progress Report and/or the Quarterly
Expenditure Report. GRANTEE Funding Commitment, if applicable, must be spent in the
appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold
five percent (5%) of eligible expenditures per invoice as retention pending an audit of
expenditures and completion of scope of work.
4. Attachment A the "Project Funding" documents all sources of fimds 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 fimding. The
Project Funding also includes the fiscal years in w1iich all the fitnds for the Project are
progranimed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Exenditur-
• • r• -.
re 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
MW
LWO KIM t-,-JGmEK9R1 I LAB 911 KI Off 11(- 9 0 6 - 11 F1 6ONDOOKUK
Rev: 12.06.16 3 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.49
FTIP #: LAOG1518
1-710 Early Action Projects (Gateway Cities)
•- MR306.49
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 a• •; affect the gran
amount or its schedule, Project Funding, Financial Plan, or the Scope of Work, including
Work schedu.4a
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy Olmos-Delgadillo
LACMTA PROJECT MANAGER
MAIL STOP 99-22-9
PHONE (213) 922-7099
E-MAIL olmosl@metro.net
City of Down -
r• -
DowneyCA 90241
Attn: Ed Norris
14. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the
interest on which is tax exempt for federal tax purposes and/or Build America Bonds as
defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds
(collectively, the 'Bonds") to provide at least a portion of its funding commitments under this
Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds
disbursed to GRANTEE does not jeopardize the tax -exemption of the interest, the Federal
subsidy payment or the tax credit, as applicable, as specified in the Bond Requirements
attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with
progress reports, expenditure documentation, and any other documentation as reasonably
requested by LACMTA and necessary for LACMTA to fiflfidl its responsibilities as the
grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt
financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as
may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in
demonstrating and maintaining over time, compliance with the relevant sections of the
Federal Tax Code to maintain such bonds t,?x staltis.
Rev: 12.06.16 5 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
The term of this FA shall commence on the Effective Date of this FA, 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 IACMTA audit and reporting
C7 -
to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure
Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in
accordance with the terms and conditions of this FA unless otherwise agreed to by the parties
in writing.
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 Proje
is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTE
od apeooodapooece1
any csts incurrefter that susnsin•r terminatin te, excet thse csts nssary (i)
return any facilities modified by the Project construction to a safe and operable state; and (ii)
suspend or ten-ninate the construction contractor's control over the Project. LACMTA's shar
#f these costs will be consistent with the established funding percentages outlined in this FA..
Unless otherwise stated in this FA, the Monthly Progress Report or the Quarterly Expenditure
Report, with supporting documentation of expenses, Project progress and other documents as
required, which has been pre -approved by LACMTA, all as described in Part II, Section 6.1 of
this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment
the LACMTA pre -approved Monthly Progress Report or Quarterly Expenditure Report Packets
to the LACMTA Project Manager at the email address shown in Part I and to LACMTA
Account Payable Department as shown below.
11 - 11 11
FATUSIV-01111iX WIVIA31490-3
or
mail to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the fotlowingg information:.
Re: LACMTA Project ID# MR306.49 and FA # FA920000000MR306.49
LACMTA Project Manager, Lucy Olmos-Delgadillo; Mail Stop 99-22-9
Rev: 12.06.16 6 Measure R Funding Agreement - Highways
- General
LA1G1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
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 fimds 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. To the extent LACMTA provides GRANTEE with bond or commercial paper
proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax
exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.
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 monitoring and through any
LACMTA interim and final audits.
4.5 If a facility, equipinent (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
AJ 'K.3611 I go ml do 1101 Oka"
01000�: ■ �L W,
Funds will be released on a reimbursement basis in accordance with invoices submitted in
support of the Monthly Progress and Quarterly Expenditure Reports. 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/calLprojects/ref-docs.htin. GRANTEE must provide detailed
supporting documentation with its Monthly Progress and Quarterly Expenditure Reports.
GRANTEE Fundin -a�j+y
g Commitment-ifan-ji,_
eadi quarter's payment.
Rev: 12.06.16 7 Measure R Funding Agreement - Highways
- General
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
6. REPORTING AND AUDIT REQUIREM ENTS/ PAYMENT ADJUSTMENTS
6.2 LACMTA, and/or its • shall have the right to conduct audits of
e Pro�ect as deemed aLojjmtriate, such as financial and compliance audits, interim audits, • audits, performance audits and final audits. LACMTA will commence a final audit
within six months of receipt ofacceptable 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 • 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 • • and/or not in compliance with • terms and conditions
of this FA. The allowability of costs for GRANTEE's own expenditures submitted to LACMTA
• this Project shall be in compliance with • • .•- and Budget • Circular
A-87. The allowability of • • GRANTEE's contractors, • and suppliers
expenditures submitted to LACMTA through GRANTEE's Monthly Progress Reports and
Quarterly •',' shall be in coinpliance with OMB Circular A-87 or Federal Acquisition
Regulation (FAR) Subpat-t 31 and 2 CFR Subfitle A, Chapter 11, Part 225 (whichever is
applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require
(30) days after the final audit is sent to GRANTE.E.
Rev: 12.06.16 8 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
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 Federl
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
coogerate with LACMTA Audit Department such that LACMTA can meet its obligatio-tis
If of 14104 ON I UrMALM go •a
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 subpart 31 and 2 CFR Subtitle A,
Chapter II, part 225, (whichever is applicable) and the terms and conditions of this F.A.
Rev: 12.06.16 9 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
6.10 GRANTEE shall also certify final costs of the Project to ensure all costs
are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part
225, (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 comVI-11 with the W11
owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of
compliance with other terms and conditions as defined by this FA, including the access to
records provisions of Part II, Section 6.
7. GRANT
This is a one time only grant of the Measure R Funds subject to the terms and conditions
agreed to herein. This grant does not imply nor obligate any future funding commitment
the part of LACMTA. I
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
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 fidly ftmd 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 may request additional Measure R fimds from its sub -region earmark pending
support of the sub -region's Governing Board. A particular sub -region's MeasuXe R fimds are
limited to the amount specified in the Ordinance and is still sub,*ect to aipo',roval. of the LAAW=�
Board. Nothing in this FA shall obligate, or be construed to obligate the LACMTA Board to
approve such request for additional fimds. If the Funds are still insufficient to complete the
Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed
fimds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the
Project pursuant to Section 8.2.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount
specified in Part 1, Section 2 of this FA subject to the terms and conditions contained herein.
Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be
reimbursed nor 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.
Rev: 12.06.16 10 Measure R Funding Agreement — Highways
- General
LA1G1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
8.5 If GRANTEE receives outside funding for the Project in addition to th
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, ffinding for the Project (including the Funds, GRANTEE Funding
Commitment, and any additional funding) exceeds the actual Project costs, then the cos t
FA as specified in the Project Funding and both the Funds and GRANTEE Funding
'7
Commitment required for the Project shall be reduced accordingly. LACMTA shall have ale
right to use any cost savings associated widi the Funds at its sole discretion, including, witho
limitation, programming the unused Funds to another project or to another grantee. If, at t1h
time of final Voucher, it is determined that GRANTEE has received Funds in excess of what
GRANTEE should have received for the Project, GRANTEE shall return such overage to
LACMTA within 30 days from final voucher.
11r 1R a 11
��111611111 1 ii 1111111
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, whicheve
date is later; and
(ii) Beginning Project Design, Preliminary Engineering- (PE) withir
six (6) months from completion of environmental clearance, if
appropriate.
(iii) Expending Project Development or Right -of -Way costs (includir
by deposit into a condemnation action) by the end of the second
•
(2-d )fiscal year following the year the Funds were first
programmed; and
(iv) Executing Contracts for Construction or Capital purchase withir
twelve (12) months from the date of completion of design; and
(v) Delivering Work in accordance with schedule; changes to the
schedule will require an Amendment to Attachment C to refl-
r• -/
pdated milestone dates. Meeting the Project milestone due
dates as agreed upon by the LACMTA and GRANTEE in
Attachment C (Scope of Work) of this FA; and
(vi) Submitting the Monthly Progress and Quarterly Expenditure
Reports as described in Part II, Section 6.1 of this FA; and
(vii) Expending the Funds granted under this FA for allowable costs
within five years or 60 months from July 1 of the Fiscal Year in
which the Funds are programmed, unless otherwise statedmi th
FA. All Funds programmed for FY 2018-2019 are subject to lap�
by June 30, 2023. All Funds programmed for FY 2019-2020 are
subject to lapse by June 30, 2024.
Rev: 12.06.16 11 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518
1-710 Early Action Projects (Gateway Cities)
9.2 In the event that the timely use • the Funds is not demonstrated as
described in Part 11, Section 9.1 of this FA, the 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 IACMTA Board of Directors in accordance with the Ordinance. In the
event that all the Funds are reprogrammed, this FA shall automatically terminate.
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, t1j,
the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA's prior
written consent • approval as provided herein.
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
• cure the Default, • 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 ftwffier
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.
11.2 Effective upon receipt • written notice of termination • LACMTA,
GRANTEE shall not undertake anT, new work or obligation with
directed by LACMTA in writing. Any Funds expended after termination shall be the sole
responsibility • GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall ha
!I
the right to enforce any and all rights and remedies herein or which may be now or hereaft
available at law or in equity.
Rev: 12.06.16 12 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.49
99000• •
12.1 GRANTEE shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project as more particularly set forth in
"Funding Agreement Communications Materials Guidelines" available on line or from the
LACMTA Project Manager. Please check with the LACMTA Project Manager for the web
address. The Funding Agreement Communications Materials Guidelines may be changed
from time to time during the course of this Agreement. GRANTEE shall be responsible for
complying with the latest Funding Agreement Communications Materials Guidelines
during the term of this A•reement, unless otherwise specifically authorizeJvv.�,�%� �,�w
LACMTA Chief Communications Officer.
12.2 For purposes of this Agreement, "Communications Materials"
include, but are not limited to, press events, public and external newsletters, printed
materials, advertising, websites radio and public service announcements, electronic media,
and construction site signage. A more detailed definition of "Communications Materials" is
found in the Funding Agreement Communications Materials Guidelines.
12.3 The Metro logo is a trademarked, item that shall be reproduced and
displayed in accordance with specific graphic guidelines. These guidelines and logo files
including scalable vector files will be available through the LACMTA Project Manager.
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 for public and external purposes will comply with the
requirements contained in this Section.
12.5 The LACMTA Project Manager shall be responsible for monitoring
GRANTEE compliance with the terms and conditions of this Section. GRANTEE'S faflur-
• r
omply with the terms of this Section shall be deemed a default hereunder and LACMTA sh
have all rights and remedies set forth herein. �I
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 . ions or breach ;igrz;,i
who agreed to the original FA or the same level of authority. Adoption of revisions or
supplements to the Guidelines shall cause such revisions or supplements to become
incorporated automatically into this Agreement as though fiffly set forth herein.
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
Rev: 12.06.16 13 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.49
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 cou it (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
zny rights or remedies hereunder, the prevailing party shall be entitled to its costs and
cxpenses, including reasonable attorney's fees.
13.4 Neither LACMTA nor any officer or employee thereof shall b -
r• -
ponsible 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 fiffly indemnify, defend and hold LACMTA and its subsidiaries, 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,
.,F �,e AKRSIII�J 32iII
services, in connection with the Project including, without limitation, the Scope of Work,
described in this F.A.
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 sucb obligation is prevented
or dela)Led, by unfbreseen causes including acts of God, acts of a gublic eneLli%, and
-- --- ------
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 is
performed under this FA and LACMTA shall have the rigLt to review and audit suet coI
Rev: 12.06.16 14 Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
13.8 GRANTEE shal not assign this FA, or any part thereof, without prior
approval of die LACMTA Chief Executive Officer or his designee, and any assignment without
said • shall be void and unenforceable,
13.9 This FA shall be governed by • law. If any provision • this FA
is held by a court • • jurisdiction to be invalid, void, • unen, forceable, the remaining
-Drovisions shall nevertheless contimle in full force without being immired or inval ida ted in
13.11 Implernentation ofany ITS project shall be consistent with the Regional
ITS Architecture. ITS projects rnust comply \vith the IACMTA Countywide ITS Policy and
Procedures adopted by the, LACMTA Board of Directors including the submittal of a
completed, signed • form. For the ITS •i and form, see
www.inetro.netl Jects-studies �tR-D),-OiCCtS/odier_resotirces.l.itni.
13.12 If any parking facilities are designed and/or constructed using the
Funds, GRANTEE shall coordinate with LACMTA parking program staff (see
www.metro.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.
For the parking policy, see
www.iiieti'().tiet/pi-oiects-sttidies/c--z-,]Lt),rojects/oth0r--I-eSoLirces.htirt.
"11111 11!1111111 MUNNIUMAW. oil 11111! - 0 0 1
13.14 Notice will be given to the parties at the address specified in Part 1,
unless otherwise notified in writing of change of address.
13.15 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
• personal • of interest and agrees to • LACMTA immediately in the event that
a conflict, • the appearance thereof, arises. GRANTEE shall not represent itself as an •-
or employee of LACMTA and shall have no powers to bind LACMTA in contract or
otherwise.
Rev: 12.06.16 is Measure R Funding Agreement — Highways
- General
FTIP #: LAOG1518
ATTACHMENT A - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 920000000MR306.49
Project Title: Paramount Blvd. at Imperial Highway Intersection Improvement Project Project:
MR306.49
PROGRAMMED BUDGET - SOURCES OF FUNDS
SOURCES OF FUNDS � Prior Years ( 017-18 ( FY 2018.19 019 20 020-21 02
@ j - 1-22
Total o Budget
LAudget
C1vSTA PROGRAMMED FUNDING
MEASU-- - -
R1 R FUNDS ��^ �� $ ~1,' 600
Y$ 2,000,000 $
3,185®000 10061.
LACMTAPROGRAMMED FUNDSB SIJ $ $ $ 1,185,
YEAR Oi
$ x,000.000 $ r $
3,185,000 100%
---- - -- - ------
10TIIER SOURCES OF FUNDING:
LOCALE ��
_ $
- 0%
STATE: _ I
$
07,FE-I'i
DE L-
i $
PiL1vAiE OR OTHER;
_
0%
IF
F— OTHER FUNDINGSUBTOT �$
$ $ —�A S - $
TOTAL PROJECT FUNDS S I 5 R 1,185,000$ 2,000,000 $ $ $
3,185,000 100%1�
Rev. 11.7.17 FA Measure R Hwys Gen Attachment A Project Funds
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000 R306.49
ATrACHMENT B
•
_ _ gJTWRE PLAN GUIDELINES
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
• An annual schedule, in current dollars, of anticipated costs by the cost estima
categories described above; and;
• The expected completion by month and year of project or program completiol
Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the
expenditure plan.
What AB 2321 (2008, Feuer) Says About the Expgnditure Plan:
Section b (3) B
(Y) Prior to submitting the ordinance to the voters, the MTA sball adopt an expenditure plan
forthe net revenues derived from the tax. The expenditure plan shall include, in addition to
otherpr�jects andprograms identified by the MTA, the specifiedprojects andprograms
listed in paragraph (3) ofsubdMsion (b), the estimated total costfor each projectand
program, funds other than the taxrevenues that the MTA anticipates will be expended on
theprojects andprograms, and the schedule during which the MTA anticipates funds will be
available for each project andprogram. 7he MTA shall also identify in its expenditureplan
the expected completion dates for each project desciibedin subparagraph (A) ofparagrapb
(3) ofsubdivision (b), To be eligible to receive revenues defivedfrom Me tax, an agency
sponsorik'a a capitalproject or capitalprograin shallsubinit to to MTA an expenditui-eplan
for its JWLct or -- .. m con/a ' ' the saine elements as the el -If
required by this subdivision to prepare.
No ]a ter than 365 d4 a w-ior to the adqrztion ofan
toan expenditure plan c7d�ptedpiii-sziarit-tostibdivi�5ioi? (�, including, butnotfirnitedto, the
expenditin-eplan adopted by the MTA boardas 'AttachmentA"in Ordinance#08-01
adoptedbythe boardonMy24, 2008, andin addition to any other notice requirements in
th e W,,v, CMOLa��ffx
the County rs Angeles ofall ofthe following. -
(1) A descrption ofthe proposed amendments to the adopted expenditureplan that would
do any oftbe Jollowmg
(A) Affect the amount ofnet revenues /- -/ from the tax imposedpursuant to this act
that isproposed to be expended on a capitalproject orprojects identified in the adopted
expenditure plan.
(B) Affect the schedule for the avaiiability offundsproposed to be expended on a capital
project orprojects identifiedin the adopted expenditure plan.
(C) Afl&ct the schedule For the estimated or expected completion date ofa capitalproject or
projects identified in the adopted expenditure plan.
(2) Th e reason for th e proposed am en din en t
(3) The estimatedimpact the proposed amendment M71have on the schedule, cost, scope,
or timely availability offunding for the capitalproject orprojects containedin the adopted
expenditure plan.
Rev: 11-1-14 2 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
ATTACHMENT B-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET
Measure R Program - Funding Agreement Projects - FA.920000000MR306.49
Project Title: Paramount Blvd. at Imperial Hwy. Intersection Improvement Project Project#:MR306.49
PROGRAMMED SOURCES OF FUNDS
SOURCES OFF DS FY 2018.19 FY 2019.19 FY 2018.19 FY 2018.19 FY 2019.20 :F:y 201=-FY2019-20FY2019.20 TOTAL_ 1 2 tr 3 4 1 Qtr 4 T �BUDGET
LACMTA ROGRAMfirI'ED M NDIS t
jMEASURL R FUNDS;
I
PAED $1,000 $7,000 $25,000 535:00®
ji' pSu.pp
- I $10,000 AE,91,6j1f17ort$37.000 $37,000
$o $1,000 j $7 000 i $7,000 $12,000 $lo,0oid $29,0$0n 1 $o
Total MEASURER $43,000 $68,000 $81,000 $40,000 j $67,000 j $307,000,
PROP C 251 � �
- -- I
Total PROP C 25%1 $0 $Q $0 L_ $0 j $0 $01 -5®p $o ( $0
__
SUM FROG LACMT Ft NDS,, $01 $1,000 $7,000 $43,000 $68,000 $81,000 $40,000 $67,000 $307,000
$1,000 $7,000 $43,000 $68,000 $81,000 $40,000
�ROJIC"r FUNDING
s® _.. __ .....
FY28-I9 and FY19.20 $ $307,000
67 000 r
SOURCES OFF DS FY 2020-iiQtr .m 7212 202-21 ^'i FY�201021FY 2020.21 FY 2021.22 FY 2Qt,022 22 FY 2a 3-22 FY 202¢ 22 p WMaUDGA
s AL
ET
LACMTA PROGRAMMED FUNDS:
MEASURE RFUNDS:
- -
Ii AVD $o
PS&E - - $9,000
! $9,000
IRW Support 1 $88,000 $88,000
IConst. Support I $7,000 $7,500 $54.500 $81,000 $81,000 $54.000 $285,000
lm I $571,000 $25.000 1 $596,0001
.M1-y",°ti.)nj _ $177.000 i $1,515.000 $181.0001 $27.000 $1,900.000 1
Total MEASURE R I $675,000 1 $32,500 S231,5001 $0 1 $1,596,000 $262,000 j $81,000 $0 $2,878,000
#k6P c-25% _�_ - f 1 _7.
ToW PROP C 25%1 so s0 I so $0 Sol so S0 $0 so
SUM0, G LACM TA FUNDS: $675,666 $32,500 $231,500 I $0 $1,596,000'F $262,000 $81,000 1 $0 $2,878,000
OTHER NON LA A F1UN ING:
LOCAL: ?
_ Total LOCALF s0 so so j s0 j s0 $0 $0 $0 $0
STATE: ? Total TATs; $0 1 s0 � $0- $0 � so I s0 � $o I so So
FEDERAL:?
I �
Total i°Gi rm - so 1 $01 $0 $0 ] $0 i s0 J� so $0 $01
F'RI4�ATl: -� JJ j
Total PRIVATE) so l I SOT_ $01 $0 j $0 $o $0 so so
SUM NON^LA A NDS so $0 so s0 50 s0 SQ 50 50
PROJECT FUNDING FY $675,000 $32,500 $231,500 So $1,596,000 $262,000 $81,000 $0 $2,878,000
UMMe4RY OF ALL FUNDS
PAED S6 $1,000 �. $7,0001 $11,000 531,000 $0 SOI $0 $50,000
'S&ET I $9,0601 to 501 $25,0001 525,0®o $71,000 _540,0001 $30,000'3 $zoo,000
sa�pport 1 $55,000 I sod $01 so sop sow $o i $37,000_ 6125,000
.onst. Support �p $7,000 1 $7,500 $54,500 $0 $81,000 $81,000 I $54,000 s0 1 $285,000
2W I $571,000 I $25.006 Sol $7,000 j - s12,00o j $lo,000 (R -Sol $o f $625,000
--nratuc orarso00 1 $o p $0T $177,000 1 $0 $1,515,000 $181,000 $27,000__1 so $1,900,000
OTAL MIL STONES 3675.000 1 $33,500 -S238.5001 $43,0 to $1,664000 $343,000 5121,000 $67,000 $3,1851000
SUM
FROG
1 • „„ 00 $121,000 $67,600 $3,185,0$0
S M NONGPoLACM- I'A FUND LACMTA NDS, $G75,Oso $33,50$4fl- 5238,55000 $43,0SO $1,664,Osso $343,050 30 50
TOTAL PROJECT FUNDING $675,000 $33,500 $238,500 $43,000 $1,664,000 $343,000 $121,000 $67,000 $3,185,000
FTIP #: LAOG1518 Project#: MR306.49
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
PROJECT TITLE: Paramount Blvd. at Imperial Highway Intersection Improvement
Project
PROJECT LOCATION:
The project is located at the Paramount Blvd. and Imperial Highway Intersection in the City of
Downey.
PROJECT LIMITS:
This project limits are on Paramount Boulevard at its intersection with Imperial Highway and
along the approaches and departures of the intersection up to a distance of 300 feet.
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
The purpose of this project is to improve traffic circulation and mobility within the 1-710 freeway
corridor by minimizing congestion along the Paramount Blvd. and Imperial Highway corridors.
PROJECT BACKGROUND:
Paramount Boulevard serves as one of the main north -south thoroughfares in the city, providing
access to the 1-105 and 1-5 Freeways as well as other major traffic generators (e.g., Downtown
Downey).
Imperial Highway functions as one of the major east -west arterial corridors within the city,
providing access to the 1-710, 1-605, and 1-5 Freeways, as well as other major traffic generators
(e.g., Kaiser Permanente, the Promenade, Los Angeles County Office of Education).
Therefore, the proposed project area, the Paramount Boulevard at Imperial Highway
intersection, currently accommodates an average daily traffic (ADT) volume of approximately
67,000 vehicles per day (VPD) with existing level -of -service (LOS) of "E" during AM and PM
peak hours. The traffic volume at this intersection is expected to increase by 18% to
approximately 79,000 VPD by year 2035. As such, it is expected that the LOS during AM and
PM peak hours will deteriorate to level "F" without improvements to the Intersection.
1:7:Z+3J x0 d 411Niel =
••
MT1T11F=1I
Rev: 11.1.14
AMOUNT
$50,000
$200,000
$125,000
$625,000
$285,000
$1,900,000
$3,185,000
December 2018 -September 2021
FA Attachment C
Scope of Work
FTIP #: LAOG1518
I-710 Early Action Projects (Gateway Cities)
The Project features include, but are not limited to, the following:
10
M
11111/1I ';1
• Double left -turn lanes in the southbound and westbound directions along Imperial
Highway;
• Widening of the southerly leg (southbound direction) of the intersection in order to
provide sufficient width for U-turns;
• Right-of-way acquisition as necessary;
• Reconstruction of the intersection approaches;
• Modification of traffic signal, and;
• Incidental striping, signing and pavement markings.
Preliminary Design — "Concept Report" as Final Work Product:
Tasks to be performed include, but are not limited to, the following:
A. Retain the services of a consultant to conduct an operational analysis of the
intersection to determine the design parameters of the project (i.e., lane
configuration, traffic signal phasing, turn pocket lengths, intersection geometrics,
etc).
B. Complete a comprehensive field visit at the project site to determine the
preliminary layout based on the parameters provided through the focused traffic
analysis. A concept plan will then be prepared.
C. Based on the concept plan, determine the right-of-way and utility impacts of the
proposed intersection widening.
D. Identify the right-of-way acquisition area and utility relocations necessary to
complete the project and show on the concept plan.
E. Conduct geotechnical investigations of the areas where street widening will occur
(south side of Imperial Highway).
F. Pothole in order to locate the depths of any substructures which may have an
impact on the proposed design (i.e., placement of traffic signal poles).
G. Prepare and submit an Engineer's construction cost estimate for all
recommended improvements identified in the report.
Environmental Analysis:
Tasks to be performed include, but are not limited to, the following:
A. Define a complete and detailed project description and delineate project study
areas that will meet the needs of technical'analyses and Initial Study/Mitigated
Negative Declaration (IS/MND).
B. Conduct the required technical analysis for the project.
C. Prepare, following completion of appropriate technical analysis, an Administrative
Draft IS, consistent with CEQA Guidelines Appendix G, for review and approval
by the City.
D. Prepare the Draft IS and Draft MND for public circulation.
Rev: 11.1.14 2 FA Attachment C
Scope of Work
FTIP #: LAOG1518
I-710 Early Action Projects (Gateway Cities)
Project#: MR306.49
FA# 920000000MR306.49
E. Prepare responses to public review of Draft and prepare a Final MND and submit
for review to the City.
F. Prepare a Mitigation Monitoring Program Report (MMRP).
G. Coordinate with the City and prepare permit applications/notifications for the
Project as applicable.
H. Delineation of the Waters of the US will be conducted within the ESL if
applicable.
I. Prepare a final Tree report and map.
III. Final Design — Plans, Specifications and Estimates (PS):
Tasks to be performed include, but are not limited to, the following:
A. Design the ultimate build out and ultimate improvement strategy for the project,
based on the City -reviewed "Summary Letter Report".
B. Prepare civil roadway plans for the required improvements, consistent with City
format. At a minimum, the plan set shall include Title Sheet, Site Plan, General
Construction Notes, Horizontal Control, Typical Sections and Details, Plan and
Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans,
Street Lighting/Electrical, and Median/Landscaping and Irrigation Plans.
C. Submittal of plan set shall be delivered at 60% and 90% complete and final (five
(5) sets per submittal). When project is complete, the Consultant shall provide
AutoCAD files for all plan sheets.
D. Prepare construction specifications consistent with City format (SSPWC
"Greenbook") APWA, current edition with updates.
E. Submittal of specifications shall be delivered to the City at 90% complete and final
stages. When project is complete, the Consultant shall provide a digital file of
specification package in Microsoft Word format.
F. Prepare an engineer's construction cost estimate based on the itemized quantity
take -off from the contract documents.
G. Submittal of the engineer's construction cost estimate shall be delivered to the City
at 90% complete and final in a spreadsheet format.
IV. Project Management and Preparation of Periodic Updated Schedule,
Deliverables and Meetings:
Tasks to be performed include, but are not limited to, the following:
A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings
expected between the Consultant and City, shall include but not be limited to:
Project Kick-off Meeting, monthly progress meetings and meetings to review
project deliverables (i.e., design plans, reports, etc.).
B. Provide periodic schedule updates on deliverables and meetings as changes to
original schedule occur or as needed based on the needs of the project.
Right -of -Way Support
Tasks to be performed include, but are not limited, to the following:
• Prepare legal descriptions accurately describing the proposed right-of-way takes.
Rev: 11.1.14 3 FA Attachment C
Scope of Work
FTIP #: LAOG1518
I-710 Early Action Projects (Gateway Cities)
Project#: MR306.49
FA# 920000000MR306.49
• Conduct real estate appraisals to determine the fair market value and just
compensation for the proposed takes.
• Prepare offer letters to the property owners.
• If the owners of the properties are not responding in a reasonable manner,
pursue eminent domain in which a legal firm will be retained to represent the
City's interest.
Right -of -Way Capital
Tasks to be performed include, but are not limited to the acquisition of right-of-way
necessary for the completion of the project at the following locations:
• 12543 Paramount Blvd. (NW corner)
• 12603 Paramount Blvd. (SW corner)
• 12556 Paramount Blvd. (NE corner)
ConstructionI/Construction
City of Downey expects to provide construction oversight, procure a consultant for
construction engineering support and management services. The Construction Manager
will be responsible for, at a minimum, the following tasks during the construction phase of
the project:
• Coordinate, review and approve all contractor submittals,
• Respond to Contractor requests -for -information (RFIs),
• Prepare and submit requests -for -quotations (RFQs) to Contractor,
• Review and approve Contractor's schedules,
• Review contractor's certified payroll records for labor compliance and
ensure compliance with the Dept. of Industrial Relations (DIR)
requirements,
• Review and approve contractor invoices for payment,
• Review Contractor and approve contractor change orders,
• Ensure all materials testing is scheduled and completed as required,
• Meet with affected businesses during construction as necessary, and
• Prepare daily inspection reports and weekly statements of working days.
Selected consultant shall meet as needed with the City to accomplish Project tasks as
outlined. Meetings expected between the consultant and the City, shall include, but are
not limited to: pre -construction meeting, construction progress meetings and preparation
of response to RFIs.
Rev: 11.1.14 4 FA Attachment C
Scope of Work
FTIP #: LAOG1518
1-710 Early Action Projects (Gateway Cities)
Project#: MR306.49
FA# 920000000MR306.49
MILESTONES: The implementation schedule for this project will be as follows.
PA&ED DATE I COMPLETIONDATE
Proposal Solicitation
Develop Solicitation Package
12-1-18
1-4-19
J Solicitation Response
1-7-19
1-31-19
Evaluations
1-31-19
2-25-19
Selection
2-25-19
2-28-19
City Council Approval
3-12-19
3-12-19
J Contract Award
J 3-15-19
3-22-19
Fully Executed Contract
3-22-19 j
4-1-19
Planning
Prepare Concept Report -
4-1-19
6-3-19
Prepare Feasibility Study
6-3-19
7-1-19
Conduct field exploration
7-2-19
7-31-19
Preliminary Design
Prepare Detailed Design Plans
_ 8-1-19
9-2-19
Prepare Project Cost Estimate
9-3-19
9-30-19
Environmental Document
J
Prepare Environmental Document
Document Type: IS/MND _
6-3-19
8-15-19
Scoping
6-3-19
6-14-19
Technical Studies
6-17-19
7-31-19
Draft Environmental Document
8-1-19
8-30-19
Final Environmental Document
9-2-19
9-23-19
Community Outreach
9-2-19
9-23-19
Secure Project Approval
9-24-19
9-30-19
PS&E
J
1
35% PS&E
Preliminary Investigations
6-3-19
7-31-19
Geometric Drawings
J 11-1-19
11-29-19
Utilities
1 6-3-19
7-31-19
Right -of -Way
6-3-19
7-31-19
Preliminary cost Estimate
12-2-19
12-31-19
Civil Design
J 11-1-19
12-31-19
k60%-
PS&E
Civil Design Plans
12-31-19
2-28-20
Right -of -Way Engineering
12-2-19 J
1-31-20
Prepare Project Cost Estimate
_
2-3-20
2-28-20
90% PS&E
Civil Design Plans
3-31-20
6-1-20
J Project specifications
5-1-20
6-30-20
Project cost estimate
6-1-20
6-30-20
Submit Final PS&E
8-24-20
8-31-20
RIGHT OF WAY SUPPORT
Certification/Mapping
6-3-19
7-31-19
Appraisal
7-31-19
9-30-19
Rev: 11.1.14 5 FA Attachment C
Scope of Work
FTIP #: LAOG1518 Project: MR306.49
1-710 FArly Action Projects (Gateway Cities) FA# 920000000 R306.49
Title Report
7-1-19
7-31-19
Meet with Property Owners
9-2-19
9-30-19
-Environmental Investigation
6-3-19
7-31-19
Closing/Ac—quire Property/Relocation 1
9-1-20
9-30-20
Physical Possession
10-1-20
10-30-20
Remediation
8-3-20
8-31-20
L_
Rev: 11.1.14 6 FA Attachment C
Scope of Work
FTIP #: LAOG1518
1-710 Early Action Projects (Gateway Cities)
Project#: MR306.49
CONSTRUCTION MILESTONES: The implementation schedule for this project will be as follows.
CONSTRUCTION -START DATE COMPLETION DATE
Bid Solicitation
Develop Bid Package 1 10-1-20 11-2-20
J Advertise
11-10-20
12-8-20
Open Bids
12-3-20
12-31-20
Bid Evaluation
1-4-21
1-29-21
City Council Approval
2-9-21
2-23-21
Contract Award
2-9-21
2-23-21
Fully Executed Contract
3-5-21
3-19-21
Pre -construction meeting
3-22-21
3-31-21
Notice -to -Proceed
4-1-211
4-9-21
F Construction Support
Construction Management/Inspection
4-1-21
1-31-22
Best Management Practices (BMPs)
5-3-21
12-31-21
Excavation
Clear/Grub
5-3-21
5-31-21
Survey
5-3-21
5-31-21
Sample borings
5-3-21
5-31-21
Grading
6-1-21
6-30-21
Compaction
7-1-21
8-31-21
Drainage
6-30-21
7-30-21
Asphalt
Asphalt concrete (AC) removal
671-21
8-2-21
Aggregate base
9-1-21
9-30-21
Asphalt concrete
10-1-21
10-29-21
ARHM
11-1-21
11-30-21
Adjust manholes
12-1-21
12-31-21
Concrete
Form Work
7-1-21
7-16-21
Rebar Placement
& 7-1-21
8-17-21
Pole Placement
7-1-21
8-31-21
Pour curb and gutter
7-19-21
7-23-21
Pour sidewalk
7-26-21
7-30-21
Pour curb ramps
1-11-1-21
11-30-21
Pour intersection approach slabs
7-1-2-1
8-31-21
Traffic Control
TMP
5-3-21
12-31-21
Striping & Signage
Pavement Markings
12-1-21
12-31-21
Striping
12-1-21
12-31-21
Signage
12-13-21
12-31-21
Electrical
Traffic signal equipment relocation
5-31-21
10-29-21
Relocate fiber-optic communications
6-30-21
7-23-21
Relocate street/pedestrian lighting
5-31-21
7-23-21
Rev: 11.1.14
7
FA Attachment C
Scope of Work
LAOG1518
CONSTRUCTION (cont.)
Landscape
Import/place topsoil & mulch, install
moisture barrier and apply weed killer
Install plant material
Plant Establishment
Irrigation
Install street furniture
ANIM
ROMEMOMM
5-31-21
10-29-21
1-3-22
9-30-21
9-30-21
Rev: 11.1.14 8 FA Attachment C
Scope of Work
FTIP #: LAOG1518 Project: MR306.49
1710 Early Action Projects (Gateway Cities) FA# 920000000 306.49
ATTACHMENT C - Location Map(s)
P4 't E. L L
BELL GARDENS
t
CATV, K,�
%
'% 1 47
Sol)
G A TF
TMC
V"AN 1A FF
L)OWNEY
Ilk
EOC
wi
NOR14VA U�
PROJECT
LOCATION
IMPER AL HWY
N,
IA05 FWY
41 o! I tJ
HELLFLOVVER
kN Q4
-------------------------------- 1—
Rev: 11. 1 . 14 9 FA Attachment C
Scope of Work
FTIP #: LAOG1518 Project#: MR306.49
1.710 Early Action. Projects (Gateway Cities) FA# 920000000MR306.49
Rev: 11.1.14
WE
FA Attachment C
Scope of Work
FTIP #: LAOG1518 Project: MR306.49
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.49
FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
Quarterly Progress/ Expenditure Report (Attachment DI) is required for all projects. The
GRANTEE shall be subject to and comply with all applicable requirements of the ftinding
agency regarding projec t- reporting requireinents. In addition, GRANTEE will Submit a
quarterly report to the LACMTA at ACCOUNTSPAYABLEaMETRO.N ' ET or by mail to
Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. 0. if 512296,
Los Angeles, California 90051-0296. Please note that letters or other forms of
documentation may not be substituted for this form.
The Quarterly Progress/Expenditure Report covers all activities related to the project and
lists all costs incurred. It is essential that GRANTEE provide, complete and adequate
response to all the questions. The expenses listed natist be supported by appropriate
documentation with a clear explanation of the purpose and relevance ofeach expense to
the project.
In cases where there are no activities to report, or problems causing delays, dear
explanation, including actions to remedy the situation, must be provided.
GRANTEES are 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 quarter.
The Quarterly Progress/ Expenditure Report is due to tlie LAC MTA as soon as possible
after the close of each quarter, but no later than the following dates for each fiscal year:
N=
July —September
*ctober - December
January - March
April - June
WMMM
OWWW1 W-ro,
February 28
May 31
August 31
Upon completion of the Project a final report that includes project's final evaluation must be
submitted.
Rev: 12.23.14 FA Local Attachment C Admin Guidelines
FTIP #: LAOG1518 Project#: MR306.49
1-710 Early Action Projects (Gateway Cities) FAIL 920000000MR306.49
Any activity or expense charged above and beyond the approved Scope • • (FA
Attachment C) is consideredLmeli—ble and will not be -• by the LACMTA
unless prior written authorization has been granted by the LACMTA Chief Execut*
Officer • his/her • I
• cost is the ongoing expense -• by the GRANTEE for the duration •'
the project and • the direct benefit • the project as specified in the Scope • •
(Attachment C). Examples
• • costs are personnel, office supplies, and
equipinent. As a conditionfor eligibility, all costs must be necessary for maintaining,
• • reporting and budgeting of the • Additionally, expenses
must be reasonable and
•• to the activities related to the project.
LACMTA is not responsible for, and will not reimburse any costs incurred by the 0
GRANTEE prior to the Effective Date of the FA, unless written authorization has be
granted by the LACMTA Chief Executive Officer or his/her designee. I
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and
necessary, consistent with cstal)hshed 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 Cii-cidars A-87 Cost Piindpals for State and
Local Governments; andA-122 Cost Pzincipals for Nonprofit Organizations.
Ineligible Expenditures: Any activity or expense charged above and beyond the approved
Scope of Work is considered ineligible.
Rev: 12.23.14 FA Local Attachment C Admin Guidelines
LACMTA
ATTACHMENT D-1
PROJECT TITLE:
Ra#A1700yall 1114.1kiff.0
Grantee to Complete
,invoice #
Invoice Date
FA# 920000000M R306.49
Monthly Report 9
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO METRO PROJECT MANAGER
after the close of each month. Please note that letters or other forms
of documentation may not be substituted for this form. Refer to the
Reporting and Expenditure Guidelines (Attachment D) for further information.
PROJECT TITLE: Paramount Blvd, at Imperial Highway Intersection Improvement Project
FA #: 920000000MR306.49
MONTHLY REPORT SUBMITTED FOR: Month: Year:
9211[4911��
INalne:
Lucy OlmoswDelqadillo
LACMTA Project Manager1loh.rie
1(213)
Number,-
922-7099
le -mail: -J
01 L S - �-t' - " L t
Contact Name:
Ed Norris
Job Title:
Deputy Director
6 partment:
Public Works
GRANTEE Contact /
Project Manager
CitAgency:
Cit /8qencv:
Downey
Address:
11111Brookshire Jive, Downey CA90241
1
�Phorie Number:
(562) 904.7246
le -mall:
lenorrisAdownev or_,q
Rev, 12 23 14
FA Measure R Hwya Gen Attachment 0.1 Monthly progress Report
Rev: 11 1.14 1 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
List all deliverables and milestones as stated In the FA, with start and end dates, DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES BELOW
Grantees must make every effort to accurately portray milestone dales in the original FA Scope of Work, since this will provide the basis for calculating any project delay li'milestone start andlor end dates change from
M,,"R sl;drod in FtPo Ctlqlnlni 1-11 .44Mm"J"Ulf' 0 Vide a r- 'rw it 1110 fv�wcl i
j�f Lltl nAnslnodinn
OTHER: (Please specify)
SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
IFuliv Executed Contract
PS&E
35% PS&E
65% PS&E
95% PS&E
(OTHER; (Please specify)
IROW
(OTHER: (Please specify)
ISOLICITATION (BIDIPROPOSAL)
Develop Solicitation Package
Fully Executed Contract
OCONSTRUCTION
THER(Please specify)
Based on the comparison of the original and actual project milestone schedules above, project is (select only one)
Elthead of original FA schedule Eless than 12 months behind original schedule
=On schedule per original FA schedule
L:]Rmwaexi, 12-24 months behind original schedule
E]More than 24 months behind original schedule
Rev: 11 1 14 2 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
Current'
Original FA Start OriginalFA End
Actual Start
Actual End
Percent Completion
Date in Scope of Date in Scope of
Date
Date
Completed By Forecast
FA Milestones
Work (Month/Year) Work (MonthlYear)
(MonthNear)
(Month/Year)
Time (MonthlYear)
RSOLICITATION (131DIPROPOSAL)
Salicdation Packaqa
1Develop
Fully Executed Contract
PLANNING
Prepare Concept Report
Prepare Feasibility Study
Pretram Project Study Report
PA&ED
OTHER: (Please specify)
SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
IFuliv Executed Contract
PS&E
35% PS&E
65% PS&E
95% PS&E
(OTHER; (Please specify)
IROW
(OTHER: (Please specify)
ISOLICITATION (BIDIPROPOSAL)
Develop Solicitation Package
Fully Executed Contract
OCONSTRUCTION
THER(Please specify)
Based on the comparison of the original and actual project milestone schedules above, project is (select only one)
Elthead of original FA schedule Eless than 12 months behind original schedule
=On schedule per original FA schedule
L:]Rmwaexi, 12-24 months behind original schedule
E]More than 24 months behind original schedule
Rev: 11 1 14 2 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
LACMTA
ATTACHMENT D-1
PROJECT TITLE:
MONTHLY PROGRESS REPORT
3. TASKS; MILE STONES ACCOMPLISHED
4. PROJECT DELAWACTION ITEM TO RESCi DELAY
Fif—tho project is delayed, Include description of the delay and action items that have been. Or Will be, undertaken to resolve the delay.
I Delay Issue(s) jTargeted Resolution/ReskRpse Date
ME=
Current Percent
LACMTA Approved Approved Expenditures Completed By
FA Milestones Project Budoet Chanoes Budqet to Date
!PLANNING Cost Variance Dollar Amount.r-,
PA&ED
PS&E`-
ROW Support
ROW
,ICONSTRUCTION Support
CONSTRUCTION
7. RISK MANAGEMENT PLAN J PROJECT RISK REGISTER
This Risk Register shall include a listing of potential project risks. Identify project risks and provide a description of individual risk events or unplanned events that may
occur and the estimated outcome or impact to project scope, cost and schedule; provide a qualitative assessment of risk potential; identify risk mitigation strategies; and
provide recommendations or actions for responding to project risk. This section requires periodic updates as the project progresses and as risk events occur.
Risk Potential I
Risk Catenory Risk Event lLow/MedijLM_/H1ph) Risk Mitigation Strateqles
lEnvironmentai
IPlanninq
I Desiqn
JROwV
IConstruction
iBid/Award
?Third Party
I certify that I am the responsible Project Manager or fiscal officer and representative of ------
stated in this report is true and correct. . and that to the best of my knowledge and belief the information
Signature Date
Name 7-ille
Rev: 11.1.14 9 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
Grantee To Complke'
Invoice #
Invoice Date
FA # 920000000MR306.49
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
ACCOUNTSPAYABLEMMETRO.NET
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
after the close of each quarter, but no later than November 30, February 28,
May 31 and August 31. Please note that letters or other forms
of documentation may not be substituted for this form. Refer to the
Reporting and Expenditure Guidelines (Attachment C) for further information.
Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section.
LACMTA Measure R Grant $
'This Quarter Expenditure
Retention Amount
Net Invoice Amount (Less
Retention)
11011111 IIN 11111 =
iFunds Expended to Date (include
this Quarter)
Total Project Budget
Project Budget Expended to
Date
Balance Remaining
Rev: 12.23.14 1 FA Measure R Hwys Gen Attachment D-2 Quarterly Report
_J
PROJECT TITLE:
FA #:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year: 02014-2015 [:]2015-2016 2016-2017
[:]2017-2018 F-]2018-2019 [-]2019-2020
Quarter: E]Ql: Jul - Sep [—]Q2: Oct - Dec
EQ3: Jan - Mar E:JQ4: Apr - Jun
E]RSTI 0 Pedestrian D signal Synchronization
E]TDM DBicycle E] Goods Movement
®Transit
Name: Lucy Olmos-Delgadillo_
LACMTA Project Manager Phone Number: (213) 922-7099
E-mail: t(Awnl'ST'Ji 1m,
Contact Name:
Job Title:
Department:
Project Sponsor Contact
Project Manager City / Agency:
Mailing Address:
Phone Number:
E-mail:
Rev: 12.23.14
Ed Norris
Deputy Director
Public Works
Downey
11111 Brookshire Ave, Downey, CA 90241
,(562) 904-7246
2 FA Measure R Hwys Gen Attachment D-2 Quarterly Report
1. DELIVERABLES&miL,ESTONES
List all defiverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE
ORIGINAL FA MILESTONE STARTAND END DATES SHOWNIN THE2' AND 3RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project
delay. If milestone start andlor end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re-
calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE
PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE
FA Milestones Original FA Schedule in Scope of Work Actual Schedule
Start Date I End Date Start Date End Date
.... .... .... ... . ..... .. .....
Environmental Clearance
Design Bid & Award
Design
Right -of -Way Acquisition
Construction Bid & Award
Ground Breaking Event
Construction
Ribbon Cutting Event
Total Project Duration (M onth s)
F2 PROJECT coMPLET6N
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one)
®On schedule per original FA schedule 0 Less than 12 months behind original schedule
®Between 12-24 months behind original schedule ®More than 24 months behind original schedule
B. Was the project design started within 6 months of the date originally stated in the FA?
1:1 Yes [—] No [:] Not Applicable
C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
[:] Yes No Not Applicable
Rev. 11.1.14 FA Measure R Hwys Gen Attachment C-1 Quarterly Progress Expenditure Report
Rev: 12.23.14 3 FA Measure R Hwys Gen Attachment D-2 Quarterly Report
1,3. TAsKs I miLESTONES.ACCOMPLISHED
List tasks or milestones accomplished and progress made this quarter.
Ej
pl.o ECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay Is for the same reason
as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
ACTION ITEMS T9 RESOLVE DELAY
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
Rev: 12.23.14 4 FA Measure R Hwys Gen Attachment D-2 Quarterly Report
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation.
The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be
reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
iTE INVOICE # TOTAL EXPEIl CHARGED t 0 LACMTA ME#�IURE R GRANT
2 ---
4
5
6
7
8
9
10
11
12
131
TOTAL
Note:
All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column
of the Itemized Listing (above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/calIforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature -- ®ate F
Name Title
Rev: 12.23.14 5 PA Measure R Hwys Gen Attachment D-2 Quarterly Report
Los Angeles Metropolitan Transportation Authority
2017 Federal Transportation Improvement Program ($000)
TIP ID
J
Implementing Agency Dow J Ci of' 7777�
Re
Project Description: Paramount Blvd at Imperial Hwy Intersection Improvements Double left -tum lanes in the southbound and SCAG RTP Pr= TAL(le
Sludy:NIA Is NO Model
westbound directions along Imperial Highway. Widening of the southerly leg (southbound direction) of the intersection in order to PM EcImn Norris , (562) 904-7110
provide sufficient width for U-turns Right-of-way acquisition as necessary Reconstruction of the intersection approaches, Email: enarrAs@dnwnayca org
modification of traffic signal, incidental striping, signage and pavement markings LS N LS GROUK
Conlormuly Category. EXEMPT - 93.127
System :Local Hwy Route: Posimile: D�stahce Phase: Environmental Document/Pre-Design Phase (PAED) Completion Date 0110112022
Lane# Extd: Lane# Prop: Impry Desc: Air Basin: SCAB Envir Doc: INITIAL STUDYINEGATIVE DECLARATION - CE -
Toll Rate: Toll Colc Loc: Toll Method: Hov acs eg loc: Liza: Los Angeles -Long Sub -Area: Sub -Region: Gateway Cities
Beach -Santa Ana Area
CTIPS ID: EA #: PPNO:
Proqram Code: NCRH I - INTERSECTION IMPROVEMENTSICHANNELIZATION Stop Loc:
PHASE PRIOR f6117
PE
RW
CON
SUBTOTAL
MR20H - Measure R 20% Highway PE
RW
("ON
�UB�TOTAL
General Comment: N/A
Mdoling Comment: No significant change made
TCM Comment: No significant change made
Narrative:
Now Project
MR20H:
► Add funds in 18/19 in ENG for $44. ROW for $7
11- Add funds in 19120 in ENG for $197, ROW for $59
0- Add funds in 20/21 in ENG for $9, ROW for $684, CON for $246
0- Add funds in 21122 in CON for $1,939
Total project cost $3,185
01 04,0`
17118 tetig 19120 20121 21/22 BEYOND PROG TOTAL
$44
$197
$9
$o
$250
$7
$59
$684
$o
$750
$0
$o
$246
$1,939
$21,185
$256
1939
$1,935
Total Cost $3,185
Page 1 Tuesday, July 10, 2018
LAOG1518
1-71 it Fgrlv I III _9
0 11
bi N 401111 .14 0:11
Project#: MR306.49
The provisions of this Attachment F apply only if and to the extent some or all of theFund]
are derived from LACMTA issued Bonds or other debt, the interest on which is tax exemp
for federal tax purposes and/or Build America Bonds as defined in the American
Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the "Bonds
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the
interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA
receives a Federal subsidy for a portion of the interest cost or the investor receives a tax
subject to certain ongoing limitations relating to the use of the assets financed or provided
with such proceeds (" Project Costs " or " Project Components ") in the trade or business of
any person or entity other than a governmental organization (any such use by a person or
entity other than a governmental organization is referred to as "Private Use"). Private Use
will include any sale, lease or other arrangement pursuant to which a nongovernmental
person or entity receives a legal entitlement of a Project Component and also includes
certain agreements pursuant to which a nongovernmental person will operate or manage a
Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior
expenditures (or to be received as an advance) shall provide information regarding the
specific Project Costs or Project Components to which the Funds which pay that invoice Wil
be allocated and whether there is or might be any Private Use associated with such Project
Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's
Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior
to entering into any arrangement which will or might result in Private Use and (2) maintain
records, including obtaining records from contractors and subcontractors as necessary, of a]
allocations of Funds to Project Costs or Project Components and any Private Use of such
Project Costs or Project Components in sufficient detail to comply and establish compliancE
with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar
code provision then in effect and applicable, as determined by the LACMTA in consultation
with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with
the obligations described in this Attachment F and notify LACMTA of such designations.
Rev: 04.01.15 FA Measure R Hwys Gen Attachment F
Bond Requirements