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HomeMy WebLinkAbout08. CIP 19-14-Approve Funding Agmt w-Metro for Implementation of Bike Master Plan•- HONORABLE MAYO- AND MEMBERS OF , 4 FROM: OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY EN INEE DATE: APRIL 23, 2019 f ` i • r • - i • That the City Council: 1 Approve the Funding Agreement with the Los Angeles County Metropolitan Transportation Authority providing $2,277,933 in Proposition C 25% Grant funding for the implementation of Downey Bike Master Plan Phase 1 - Downtown/Transit Class II Project, Capital Improvement Project No. 19-14; and 2. Authorize City Manager to execute the Funding Agreement and any future amendments, as necessary in a form approved by the City Attorney. In 2014, the City initiated a Bike Master Plan (BMP) to serve as a blueprint for the development and gradual implementation of the City's bicycle circulation system, establish a policy framework that will enhance bicyclist mobility and safety and identify active transportation as a travel alternative and strategy for meeting the mobility needs of the public. The City Council adopted the BMP in July 2015. Following the adoption of the BMP, the City applied for and received $2,277,933 in Proposition C 25% grant funding for the implementation of the initial phase of the BMP through the 2015 Los Angeles County Metropolitan Transportation Authority (Metro) Call for Projects. In December 2018, the City received approval from the Metro Board of Directors for the Proposition C 25% grant in the amount of $2,277,933 to fund 80% of the engineering design, project administration, construction and construction engineering phases for this project. This project will add Class II (bike lanes) bicycle routes on nine roadway segments, Class III (signed only) bicycle routes on 24 roadway segments, 100 bicycle parking facilities and 50 way -finding signs. Construction of these facilities will include eight road diets (a traffic calming measure that involves converting a travel lane into a dedicated bike lane) in order to provide the necessary street width for the installation of the Class II bike routes as well as continuous two-way left -turn lanes and signalization modifications to enhance the detection of bicycles at 30 intersections. Funding Agreement with Metro for the implementation of Downey Bike Master Plan Phase 1 - Downtown/Transit Class 11 Proj• April 0 r The bikeway facilities and their prioritization were the result of a comprehensive public outreach program conducted during the development of the BMP. The design phase of the project will include a comprehensive public outreach effort to help build consensus among the public for this project and to promote active transportation as a viable mode of travel. The City has determined that the proposed improvements stemming from implementation of the City's BMP are beneficial to the City in terms of encouraging bicycle trips within the City, resulting in a decrease in vehicle trips and greenhouse gas emissions, as well as enhancing the existing pedestrian and bicycle network by creating interconnected bicycle facilities with neighboring jurisdictions, key origins and destinations external to the City and nearby regional bike facilities (i.e., Los Angeles and San Gabriel River bike trails). Said bike -related improvements will better serve the cycling needs of the citizens of Downey and the region as there are currently no existing bicycle facilities in the City with the exception of Gardendale Street between Lakewood Boulevard and Garfield Avenue and Brookshire Avenue between Gardendale Street and Florence Avenue. The locations of the nine roadway segments on which the Class 11 bike routes will be installed are as follows: The City will receive a one-time grant of Proposition C 25% funds in the amount of $2,277,933, $905,156 of which will be programmed in Fiscal Year (FY) 2018/2019 and $1,372,777 will be programmed in FY 2020/2021. The locations of the various bike routes and other related amenities to be constructed/implemented through this project are shown on the attached Project Location Map (see Attachment A). r •. The City is now ready to initiate the engineering design and construction phases of the project. The execution of the attached Funding Agreement with Metro (see Attachment B) will provide $2,277,933 in Proposition C 25% grant funds to cover 80% of the costs associated with the engineering design, construction, construction engineering and project administration phases of the project. K Funding Agreement with Metro for the implementation of Downey Bike Master Plan Phase 1 - Downtown/Transit Class 11 Project, CIP No. 19-14 April 23, 2019 Upon execution of the Funding Agreement, the City will initiate the design phase of the project by circulating a Request for Proposals (RFP) to procure the necessary professional services from a qualified consultant. The estimated completion date of the design phase of the project is March 2020. The construction phase will follow immediately thereafter. CITY COUNCIL PRIORITIES Efficiency & Adaptability Quality of Life, Infrastructure & Parks The total estimated cost of this project, including the engineering design, construction, construction engineering and project administration components is $2,847,416 broken down as follows: Description Amount Design Engineering $177,500 Construction $2,354,000 Construction ��.... $265,916 Prosect Administration $50,000 r — Total EstimatedPro ect Cost, $2,847,416 A total of $1,132,156 is currently programmed for this project in the FY 2018-2019 Capital Improvement Program with funding coming from Metro Proposition C 25% grant and Measure M funds. The total project funding is broken down as follows: Account No. Fundinq Source Amount 26-6765 Metro Proposition C 25% grant funds (Bud qe��FY�2011 8-19) $905,156 57-6765 Measure M Local Match funds $227,000 Total Project FupgAinL $1,132,1561 The remaining $1,715,260 of the project funds will be appropriated in FY2020-21 to coincide with the manner in which the grant funds have been programmed by Metro. ATTACHMENTS Attachment A — Project Location Map Attachment B — Funding Agreement 93 0 1 O s� a, a, p N e, _> o o — < o f a o uY Y E �r ._ � '�' v� GC vi co m m � �--' a Pru wqO _ _ Y _ - - - .0 V � y m '' 4.J V m LL Q � � m T >,, :3 N UfO 'x t t. ,Rm m m e m m m m m l9 vi a l7 w a s i71 a, * c N C R — a� 7 7 '4a# 4"40 t�,... b *40 P .' . u v �x } E r Y a r",• Kly `w `,>i w 4 c°4of Ol � `ft,> N. It Ilk 1� Downey Ave O r 73 of CL .f m } i q � t CL ATTACHMENT A FTIP#: 1AF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 6 1 ; 0 U M11,1111MMURM Pali 0 1 I M&MIX" ti :101 kyj HIM'! WHEREAS, as part of the 2015 Call for Projects, the LACMTA Board of Directors, at its meetin.2 on Se A tember 24 2015 1 authorized a grant to G'2-,'VTEE. sijbiect7fijdore-te-w((."-'rdi IMUM III LGJ#RIAIJ 011rol # U011 MM Nw1;J--J Mid# SU4 01M rMOMIMMOV"I'M X81191M Mrs= twalwaiwa INM I M 0 11 M a• 1. Part I - Specific Terms of the Agreement 2. Part II - General Terms of the Agreement 3. Attadlmen'IA - Project Funding Scope OfWork 5. AJW��� - Reporting and Expenditure Guidelin- AtLn` - Quarterly Progress/Expenditure Report 7. AftachMgpi D. Federal Transportation Improement Program (FTIP) Sheet 8. -AA4djhjghj-E - Special Grant Cor� 9. Afltachme� Z I - Sustainable Design Elements 10. AAgthMgpLt� Project Readiness Certification 11. Any other at-tachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the Agreement and any attachments and the Specific Terms of the Agreement shall prevail over the General Terms of the Agreement. Rev: 10.01.2018 1 Funding Agreement Prop C Funds FTIP#: LAF9525 W 01 CFP# F9525 Frundding Agreement No. 920000001F9525 By: Date: Phillip A. Washington Chief Executive Officer By: Date: Gilbert A. Livas City Manager YVETTE M. ABICH GARCIA Cil � Tone n By: Date:B- A S. TT T: MARIA ALICIA DUARTE, CMC City Clerk By: Date: Rev: 10.01.2018 2 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 PART I 1. Title of the Project (the "Project"): Downey BMP Phase 1 Downtown/Transit Class 11 Implementation. LACMTA Call for Projects ID# F9525, FTIP # LAF9525. 2. To the extent the Funds are available, IACMTA shall make to GRANTEE a one-time grant of the Proposition C 25% funds in the amount of $2,277,933 (the "Funds") for the Project in accordance with the terms of this Agreement. LACMTA Board of Directors' action of September 24, 2015, granted the Funds to GRANTEE for the Project. 7he Funds are yrogrammed over two -g*—,ears Fiscal Years TY1 2018 -19 and FY 2020 -21. LACMTA-Board of Directors' action approved Funds for FY 2018-19 only in the amount of $905,156. LACMTA Board of Directors' action will be required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being allocated to GRANTEE. mill - 1.0 a 4LVJ L" 4. GRANTEE shall complete the Project as described in the Scope of work. The Scope of Work for the Project is attached to this Agreement as AffAffim�jq. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by GRANTEE including, without limitation, Project milestones consistent with the lapsing policy, and a set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminat- +„ - Agreement for dedescribed in Part II, Section 9. Rev: 10.01.2018 3 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 GRANTEE'S ability to access fimding, delay the Project and may ultimately result in the Funds being lapsed. LACMTA shall review and approve any changes GRANTEE makes to the FTIP prior to incorporating such changes in to the TIP. 7. The "Sustainable Design Elements Requirements Special Grant Conditions" is attached as Attachment E-1. GRANTEE shall comply with the Special Grant Conditions as set forth in A=hment E-14. S. An executed "Project Readiness Certification" is attached as AlLaghment-F which is evidence that GRANTEE can appropriately fund and staff the Project so that the Project can be completed in a timely manner. 9. -Amendments- -to thisAgreementshall be'in executed -by the parties, - N-ocbanges- to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the lapse date of the 1j. A willi ou t a wriden amen. dni ent to L, I.- t1greement, app rovedl an d s igne d Funds shall be allow -A by the LACMTA Chief Executive Offiicer or his /her designee and GRANTEE. ----------------- LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Anthony Tusay; Mail Stop 99-22-6 Email: jusaya@metro.net Phone: 213-922-7675 GRANTEE's Address: City of Downey 11111 Brookshire Ave Downey, CA 90241 Edwin Norris Email: Enorris@downeyca.6r. Phone: 562-904-7109 1 11. On September 26, 2002, the LACMTA Board of Directors required that prior to receiving Proposition C 10% or 25% grant fim-cls through. the Ca -11 for Projects, GRANTEE must meet a Maintenance of Effort (MOE) requirement consistent with the State of California's MOE as determined by the State Controller's office. With regard to enforcing the MOE, LACMTA will follow the State of California's MOE requirement, including, without limitation, suspension and re -implementation. Rev: 10.01.2018 4 Funding Agreement Prop C Funds FrIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 PART II GENERAL TERMS OF THE AGREEMENT 1. TERM: 1.1 The term of this Agreement shall commence on the Effective Date of this Agreement and shall expire 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 Guidelines (Acta chment!Q incurred after the Effective Date shall be reimbursed in accordance with the terms and conditions of this Agreement. The parties understand and agree there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement. 1 11 I 11 11 111 1- ri *&[ CS 61 rA-'FCI.LUIVJ-Ue Atfpul L' ;;'IJLI:SI..P'PUILXIg r• •• ui expenses ancL Project progre•ss as described in Part II, Section 4.1 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTA invoicing requirements. mail to - Los Am-jeles CouniWMMV Accounts Payable P. 0. Box 512296 Los Angeles, CA 90051-0296 • Iloilo �Vo Oil M) M 1p, gr, VARA 17- 3.1 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 Rev: 10.01.2018 5 Funding Agreement Prop C Funds HFMJWMW,v1 C_FP# F9525 Funding Agreem ent No. 920000000P9525 .7 Brost * i ost recently adopted CMT, C" PsitionGuidelinaps for type n'Proposit-anC131—1 Opo granted by LACMTA hereunder (the "Guidelines 3.2 GRANTEE shall not use the Funds to substitute for any, Other fiinds or projects not specified in ibis Agreement, Purtlier, GRANTEE shall not use the Funds for any expenses or activities beyond the approved Scope of Work(&Mdun=IR). -1 -Cr� Tf n *3.3 GRANTEE must use the Funds in the most cost-efftctive man GRANTEE i-ritends to use a C-On-sultant or contractor to implement all or ipavt of the Proiect, LACMTA requires that such activities be procured in accordance with dANTEE'S contracting procedures and consistent with State law. GRANarse will also se the- Fundsi4 n - the m%_ N ost oost-efTective manner Vhem the Funds are used to pay "hr -house" staff tirae. Th. iM effective use of funds Provision will be verified by 1ACMTA through on�gofilg P roject monitoring and -through any LACMTA interim and ficial audits, 1114 GRANTEE'S employee, officers, councilmemBets, board member, agentts, or consultants (a "GRANTEE Party") are, prohibited from partiqpating in the selection, award, or administration of a third -party contract or sub -agreement supported by the Funds if a real or apparent conflic", of interest wo d be involved. A conflict of interest would include, without limitation, an organizatit tinflict of interest or when any of the following patties has a fmancial or other interest in any entity selected for awrard- (a) a GRANTEE Party (b) Mly inember of a GRANTEE Party's inaripe diate fax (c) a partner of, a GRANTEE Party; (d) any orguization that eirioloys oT intends to employ any of the above. This conflict of hiterest provision will be verified by LACMVA4_ through on-going Project monitoring and through any LACMTAinterim and final audits. 3.5 Ifthe Project requires the implerrientcatilOrk of, an Triteffi14 ,� gent I A Transportation Systems ("ITS") project, G-ti-JiNTEE sliall ensure the Project Is 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 t'OrM (Att,�. 4 For the ITS policy and form, also see http:��=,tro_..n_et� M,�cc L I _ta4giJLproJg,!;Lst. 16 If any parldrig facilities are designed and jor° cons ted using the Funds, V Mfr GRANTEE sha-]I coordinate with LA%CMTApar11dng Program staff (see ILVIIE.LRO.net-for M.L. listing) in 1he plarmirig, design and management of the facility and shall ensure that its implernentation is consistent with the LACMTA adopted par' TM" ng policy. For the parking policy, see hW,fs 3.7 GRANTEE is obligated to continues ing the Project consisten-twith the 0 nublic: transDortatiers nrwDoses for Which the Project wasapproved. The Project right-of-way Use. ons set Pxtth Agreement. 1 3,8 If GRANTEE desires to use the Funcis to purchase or lease equipment n er hardware or software, or out li t ti -n, vehicles, office equipme n it, comput Rev: 1W)1.2019 Funding Agreement Prop C Funds r ., .. - a 1111111'' • - r- • r ••-: r - r e- r • r • r- - • - r a - r -a • - -a r r • - r - - r-- -a r. i- • - r a r -a r. r • - ,- r -a -a • • - •i - • r - • ► . r -• - r - • •r• t • - - - 1' r - - • i •a- � -• • r - - - • - • • - -r • r I• •- --r-. • - • - r _ r r •; - r - - a •i- •' � a- - -• • - • �` � - ai. -r • [- r s • - r • ,- - • - r rr- - r •a• ar r' c ': r - - • : - • - i - : r • • - a r - a • 'I• - - • - - •- - - .- - • • � r • r � - • . ' • a- -• • • • s • - - • r r- r •r- • r • • - i r - • r • • -- - �' i ' r ' � r - - - • ' •' • r '' • ^i• •. 11 ( FTIP#: LAF9525 � 1 r•• '' •1141,111 LWO KAN•' CFP# F9525 Funding Agreement No. 92000000OF9525 ets, receipts, etc.) with a clear justification and explanation of IM I': ze "M a r�I r ■ ■ such an invoice once per month with, 4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement. 4.3 LACMTA will male all disbursements electronically unless an exception is requested in writing. . Dish se ents via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must co plete the ACID form and submit -such forni to LAC "TA before grant payments can be made. ACH Request Fonns can found at btto://www.mo.riet ro'ects call r ' cs call ica acts -ref encs-doc e RANTE E must provide detailed supporting documentation Quarterly Progress/Expenditure Report. GRANTEE4.5 1 GRANTEE shall demonstrate that the • • Commitment spenthas been direct invoiced with each -r's expenditure ' a r r o • r, .• r •- - • 110001W It • - • • r - • - • • • • Rev: 10.01.2018 8 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 SFeW YI;XAT". C7 by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE shall return such monies within thirty (30) days after the final audit is sent to GRANTEE. *5.2 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 �5.3 GRANTEE shall cause all contractors to comply with the requirements of Part 11, Sections 5.1 and 5.2 above. GRANTEE shall cause all contractors to cooperate fiffly in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. *5.4 LACMTA or any of its duly authorized representatives, upon 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. *5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractor reyproduction atmo-chaxge • and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement. I 5.6 In addition to LACMTA's other remedies as provided in this Agreement, LACMTA shall withhold the Funds and/or recommend not to award future Call for Projects Rev: 10.01.2018 9 Funding Agreement Prop C Funds CFP# F9525 Funding Agreement No. 92000000OF9525 grants to GRANTEE if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with IACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement and the Guidelines, including the access to records provisions of Part III Section 5. *5-7 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 I I Servic I e, as indicat I ed in the United States General Services �Adfiilnistfation Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. I * 5:9 GRANTEE shall certify monthly invoices by reviewing all contractor and subcontractor costs and aintaining internal control to ensure that all expenditures ate allocable, allowable and reasonable and in accordance with -2 CPR Subtitle A, Chapter III i air 2010�0 of All CFR Par 31 (whichever is ap-p-1rra--c-ble' and the terins and co-nditions ofthis Agreement. 11111 0 1 - I I 5.10 Whenever possible, 'in exercising its audit rights under this Agreement, LACMTA shall rely on GRANTEE'S own records and audit work to minimize direct audit of contractors, consultants, and suppliers. 6� ONE TIME 99ANt This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future ment on the part of LAI% -MTA. funding commit I 7.1 The obligation for IACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board Directors. If such Funds are not made available for the Pr•.ject, LACMTA shall have no] obligation to provide the Funds for the Project, unless otherwise agreed to in writing by L41clf.N. 1� 7.2 GRANTEE shall fiffly fund and contribute the GRANTEE Funding Commitment, as identified in the Project Funding I A), towards the cost of the Project. If the Funds identified in &49billOnt are insufficient to complete the Project, 11, A GRANTEE agrees to secure and provide such, addidiona-11 n o n - L,,A,'%'.MTA programmed fmds necessary to complete the Project. EM Rev: 10.01.2018 10 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 7.4 At any time, if GRANTEE receives outside finiding for the Project in Agreement shall be amended to reflect such additional funding. 7.5 If, at the time of final voucher, available funding for the Proiect (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 fimds from each party to this Agreement as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another GRANTEE. If, at the 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. (i) executing this Agreement withi4 ninety (90) days of receiving formal transmittal of the Agreement from LAC TA, or by December 31st 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 the Agreement; milestones include, but are not limited to the followm*g: a. for project development, GRANTEE must complete phase by the end of the second fiscal year following the year the Funds were first programmed; and b. for right-of-way, GRANTEE must fo w its rig ol acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTA and GRANTEE prior to Agreement execution; and C. for construction or capital purchase projects, contracts shall be awarded within nine (0) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date; and (iii) submitting the Quarterly Progress/Expenditure Report; and (iv) expending the Funds granted under this Agreement for allowable costs by June 30, 2023 (lapse date), within 36 months from July 1 Rev: 10.01.2018 11Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF952j of tffie FY 20-20-21-1, fmal F-Iscal Year in vOnidA-1 fund's are programmed, i - - - -- i &2 QuarzteTly IT, rogress/ Rme-ndit-ture Reports will Ibe used to eval-Liate clonipliance with the Project millestone due dates as identified in the Agreement. _if the Project Uues not rne&t the milestone due dates as argreed-upon -M the —94=1.Llcin, �L�-jxl I AvOl IssUL' a notice of non-cornphance to the GIRLANTEE, and the GRANTEE wiLl be required to develop a vaitten recovery plan illustrating in detail the GRANTEE's actions to resolve the delay and to ,C meet the Project e-oinpl&don. date agreed upon irl the Agieernent whe "Recovery Plair"). h -die Recovery Plan is deemed -viable by LACMTA staff, and meets the project completion date agreed upon in the Agreemnent, LACMT A may grant an administrative seed ule -apdate, as long as the Funds are expended in compliance with ft) above. If GRANTEE fails to sul)m it a cov.cri Plan withIft, 30 as of the -notice mn-ffln cornplian. -r.-.m LAC -MTA, or the Recovery in .L ffie A Plan, illustrates &,at tlie Project will not InCet tbie lapse date LACMI'A Msy uctenti-Ja de-o'bligation of the Funds as as vs ,mom ar-nual Cal -I for Projects Recer'Lificatioi,i/Deo-Diigatio.-. process. GRANT HE W -1 -al ONLY be all'owed to reyaest a one-th-ne !aDgirlgd-ate,exte,is4��nol'20-m(-,nthsfro-m- ffie final lapse date, -which requesTis stflbjectto LkM'TA's Technical Advisory Conlinittee (TAC) considerati'on as part of tl)eannuZ- Cil for Projects Recertificatior./Deollfigation process. 83 Rece,.tiflic-stion of Funds M1.1 be based, on Project progress and is stibje%ct i'o meedN the Prqect milestones as agreed upon in. +d -.e Agreement. L 1-111 0 Ti�i m—, �L-+:ke 73 IiNT E E U-, Ve s not, cv=U-`ke--W: one --.R-, Z-oLIL U1 UL I mo ect, ass desc Jb 5 4 i&_ GR-, d eA in the FTIP Project Sheett, due to aH or a portion of the Fuxidslapslinj , the entire Project may be 9 - subject to deobligation at LACMTA's sole discretion. in the event that aU the Furids are de6bligated, this Agreeerit shall automatically terminate. 9 k - �5 If GRANTEE fails tonriect any ofthe conditions in paragraph 8.1 above, tubte Project shaE be considered lapsed and v.,i]l be submitted +10 the LACMTA Board for deobligation. Expenses that are not_' .voiced widiin 60 days after the lapsing date are not eligible for rel m1bursement. 9. P _ RAU kt:A Default under this Agreement is defined as any one or more of the following: (i) GRANTEE fails to comply the terms and conditions contained Mersin or in the Guidelines,- (Ell GRANTEE is consistently behind schedule in meeting milestones or in deliver ing the Project, or (iii) GRANTEE fails to perform satisfactorily or makes a material change, as determined by 1ACMTA at its sole discretion, to the Financial. Plan, th-- Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provid'd herein. IR REMEDIFS; 10.1 in 1he event of a DefaultbyGRANTEE, 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 v, ith-in such 30 -day period to the satisfaction of IACMTA, LACMTA- shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make no farther Rev: 10.01.2018 12 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 920000000F9525 disbursements of Funds to GRANTEE; and/or (iii) IACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity. 10.2 Effective upon receipt of written notice of termination from LACM pursuant to Section 10. 1, GRANTEE shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds expende after termination shall be the sole responsibility of GRANTEE. I 10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce anI and all right�� 4c Oil available at law or in equity. Ga all IN111 1111311MI, �Iwlawaam during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 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. The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files fficluding scalable vector fides will be available through the LACMTA Project Manager. GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Proj- • • ommunications Materials for public and external purposes will comply with th- • -• ontained in this Section. W, 111117 iiii, 11 IN ii I have all rights and remedies set forth herein. 12.1 This Agreement, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter Rev: 10.01.2018 13 Funding Agreement Prop C Funds FTIP#: LAF9525 CFP# F9525 Funding Agreement No. 92000000OF9525 herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the game 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 fimy set forth herein. 12.2 In the event that there is any court (proceeding between the parties to enforce or interpret this Agreement, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. im to Funding Agreement Rev: 10.01.2018 14 Prop C Funds FTIP#: LAF9525 CFP# P9525 Funding Agreement No. 92000000OF9525 12.7 GRANTEE shall not assign this Agreement, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment • said consent shall be void and • at the option • LACMTA. 12.8 This Agreement shall be governed by • law. if any provision of this Agreement is held by a court • competent jurisdiction to be invalid, void, • • in fidl • wi&, - r. -r • invalidated in any way. 12.9 The covenants and agreements of this Agreement shall inure to the and their res assigns. Rev: 10.01.2018 15 Funding Agreement Prop C Funds ..=i F>. ® e A6 FTIP#: LAF9525 CFP#F9525 FA # 92000000OF9525 pidi6d Tftk Downey Bicycle Master Plan (BMP) Phase I Downtown/Transit ClaK, II Implementation ktgdgddJu� Various streets within the City of Downey, including Old River School Rd., Downey Ave., Columbia Wy., Woodruff Ave., Gallatin Rd., Stewart & Gray Rd., 5th St., Alameda St. and others so U— This project includes Class 11 bicycle facilities on nine roadway segments, 100 bicycle parking facilities, and 50 way finding signs. Construction of these facilities includes eight road makeovers and signalization modifications to detect bicycles at 30 intersections. The and their icrioritization are the result of a comiore'; program conducted during the development of the BMP. The locations of the nine (9) roadway segments on which the Class II bike lanes will be installed, totaling aproximatly p e 16 miles, are as follows: Public outreach events were held May -December 2014. During this public outreach process, 85% percent of survey respondents thought that the lack of bicycle lanes within the city was an obstacle that discouraged people from biking, and. 80% of respondents thought that speeding motorists was an obstacle that discouraged people from biking. The survey results also documented that over 50% of respondents thought streets are too wide or busy and over 40% of bicyclists thought parked cars were a danger to cyclists. The identification and evaluation of alternative bikeway corridors was conducted through the Downey BMP process by utilizing local data collection, stakeholder input, and agency input to identify locations that were desirable or suitable for the installation of bicycle facilities. Rev: 11.1.14 1 FA Attachment B Scope of Work Rev: 11.1.14 2 FA Attachment B Scope of Work FTIP#: LAF9525 CFP#F9525 FA# 92000000OF9525 Rev: 11.1.14 3 FA Attachment B Scope of Work J1 FA Attachment B Scope of Work I Rev: 11.1.14 5 FA Attacliment B Scope of Work C $ Cu E U a > ,0 u I 0 0 0 60 00 I Rev: 11.1.14 5 FA Attacliment B Scope of Work FAAVUHMEWC GUIDELIVES 1114:140114 Quarterly Progress /Expenditure � Report is required for altprojects. The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project -reporting requirements. In addition, GRANTEE win submit a quarterly report to the LACMTA at AQ or by mail to Los Angeles County Metropolitan Transportation Authority, Accounts Payable, P. 0. Box 512296, Los Angeles, California 90051.0296. Please note that letters or other forms of documentation mav not be substituted for this form. I The Quarterly Progress/ Expenditure Report covers all activities related to the project and lists all costs incurred. Itis 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, including in- kind, charged to the grant. i in cases where there are no activities to report, or -problems cau ing delays, clear explanation, including actions to remedy the situation, must be provided. t 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. Projects not delivered in a timely manner will be reevaluated by LACMTA as part of the annual Call for Projects Recertification process and the Funds may be deobligated and reprogrammed by the LACMTA Board. o The Q — uarterlv Pro2ress/Expenditure Report is due to the LACMTA as soon as possible I I . - after the dose of each quarter, but no later than the following dates for each fiscal year: July —September October - Decemb January - March April - June I Report Due Date November 30 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 1 FA Local Attachment C Admin Guidelines IWAJ-1411r 1y KU ti :fIIJM3RVI Any activity or expense charged above and beyond the approved scope -of -Work (FA Attachment B) iir r ^ ksfand will not be reimbursed by the LACMTA unless has been granted by the LACMTA Chief Executive Officer or his/her design-- ` e Anexpense charged to the grant or local match, including in-kind, must be clearly an directly related to the project. I 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. 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 B). 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, expens- - • easonable and appropriate to the activities related to the project. 11343INVI =U, 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. 4 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 a�n�l necessary, consistent with established practices of the organization, and consistent 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", Rev: 12.23.14 2 FA Local Attachment C Admin Guidelines please refer to the Federal Register OW V Cost PlinciPals for State and Local Govemments; and A422 Ch�t A�e*wkkr A044�04�4n�lions. io ineligible ExpOnd�s: Any activity or expense charged above and-beyond-the approved id Scope of-Work is consi e d ine Rev: 12.23.14 3 FA Local Attachment C Admin Guidelines or Los Angeles County Metropolitan Transportation Authority Accounts Payable !^ Box 512296 Los Angeles, California 90051-0296 closeafter the of r later than May 31 and August 3 1. 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 -information. SECTION 1: QUARTERLY EXPENSE REPORT Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. Rev; 12.2 3.14 1 FA Prop C Attachment C-1 Quarterly Report E,,a:�Ti©N.2� Nt=�At_i'1, l~Qa�1/1/�71C�NPROJECT TITLE; M i l Year: 2014-2015 0 2015-2016[-]2016-2017 2017-201 2018-2019 []2019-2020 Quarter: 1: Jul - Sep : Oct -Dec Jan ® Mar 0 Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: Pedestrian i 1 Synchronization OTDM EJ Bicycleoo s movement Transit - Name: LACMTA Project Manager Phone umber: E-mail: Contact Job Title: Project � Sponsor e e Contact 1 Project Cit / c : r ,. ailin resp: Phone Number: E-mail: Rev: 1.2,23.14 2 FA Prop C Attachment C-1 Quartedy Report 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 START AND END DATES SHOWN IN THE 2ND AND 3 RD 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 and/or 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. Original FA Schedule in Scope of FA Milestones Work Actual Schedule Start Date End Date Start Date ---------End Date Environmental Clearance iDesign Bid & Award IDesign Right -of -Way Acquisition Construction Bid & Award Ground Breaking Event Construction Ribbon Cutting Event Total Project Duration (Months) A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) 00n schedule per original FA schedule ®Less than 12 months behind original schedule ®Between 12-24 months behind original schedule OMore 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? El Yes [:] No E] Not Applicable Rev: 12,23,14 3 FA Prop C Attachment C-1 Quarterly Report s r List tasks or milestones accomplished and progress made this quarter. TO RES , If the project is delayed (as described in 4) include action items that have been, or will be, undertaken to resolve the delay. Res°. 12.23.14 4 PA Prop C Attachment C-1 Quarterly Report All expenses and charges, including grant and local match, 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. Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. 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 Name Date Title iter 12,23;14 5 FA Projl CMll.laaw ni C-1 4uarierly Report ATTACHMENT D Los Angeles Metropolitan Transportation Authority 2017 Federal Transportation Improvement Program ($000) Project DescriptionThis project implements 17 miles of Class II bike lanes on eight roadways (seven of them with Road Diets)- SCAG RTP tsro #. 109607 Study:YES d el: YES Model 9: providing enhanced access to..activity centers and multl-modal assets ,such as the Green Line end bike paths PM: Edwin _NordS-,(562).904-7108 Email: enorlls@downeyea.org LS: N LS GROUPth Conformity Category: TCM System :Local Hwy- Route [. Postmile: Dislanco: Phase: No Project ,Activity .'Completion Date 1210112021 '..Lane# Extd: 4 Lane # Prop: 1 Impry Desc: new bike lane implementation Air Basin: SCAB Envir Doc: FINAL ENVIRONMENTAL IMPACT REPORT -til Toll Rate: ;Toll Colc Loc .Sall Method. ,,Hov acs eg.lec. Use Los Angeles -Long Sub -Area: Sub -Region: Gateway Chas Beech -Santa Ana Area CTIPS ID:; EA #: PPNO: ProOram Code. NCN26 - BICYCLE 8 PEDESTRAIN FACILITIES -NEW Stop Loc: PHASE PRIOR 16117 17116 18119 .19120 20121 21122 BEYOND TOTAL CITY - City Funds. PE- $o So:: $6 CO .....$226 W3 $569 SUBTOTAL i; ffi, rP oC25- Los Angeles Counts Propostlian'C25` i5E RtAi $9 CCN $805 $1373 $2,278 TOTAL PE. $0 TOTAL RW; $0 TOTAL CON $2,047 . afrole l Coem "L-2015 CPP. Prejca OMPO IDd 0 Class It like tangs covering 17 Mks, 87 him racks; 10 ce"' Genets: will build now local atim netsmrk. Currently: there arc no oathifing ols-OMM bika finditatis fn the City - - Mdeltng. Comment: Road Diels (From4 to 2lanes) along Old River School Rd, Gallatin Rd Ddwney Ave, Brookshire Ave,. Slawart and Gray Rd, Columbia Way, and Gardener, SUP,ster Rd. No significant change made since last updala. -TC81 Comment: Portent protases B Class If bike lanes covering 17 miles, 87 bike racks, 10 bike carrots; will build new local bike network Cwremly, 9here am no existing on-streel bike Iscilities in the City. No signirmanl change made since last update. -Narrative. New Prided CITY: 1, Add funds in 1019E in CON for $228 P� Add lords in 28121 in CON for $343 PG25: b, Add funds in 18!18 in CON for $805 ® Add funds in 20121 in CON for $1,373 Total pnsuld caral 52olhnr - g * Change reason; NEW PROJECT Total Cost $2,847 Page 1 Monday, June 4, 2018 FTIP#: LAF9525 ATTACHMENT E �CUL G CFP# F9525 FA # 92000000OF9525 Bicycle and Pedestrian Counts — GRANTEE must collect before- and after- bicycle and pedestrian counts (when applicable and as directed by the Metro Project Manager) on a mid -week day and weekend, excluding winter months. The "after" counts should not be taken until six (6) months after the completion of the project. GRANTEE shall submit bicycle and pedestrian count data and upload the data to the SCAG/Metro Bike County Data Clearinghouse methodology for conducting counts is described in "conducting Bicycle and Pedestrian Counts", a manual jointly produced by the Southern California Association of Governments (SCAG) and Metro. The manual is available at hftn4www.mg�Dra,ec SAALbr6iects/. 4 GRANTEE is required to coordinate and seek input with Metro Planning and Operations and other municipal operators for any potential effect to transit service as necessary. i Class I • bike •. Class IV (cycle -tracks), and Class II buffered/protected bicycle lanes and enhanced bicycle boulevards (with physical traffic calming elements • parallel low-volume streets) may be substituted • bike improvements • included in the ••- and must be pre -approved by the Metro Project Mana+- • - eoutes) bicycle facilities • physical traffic calming devices are • eligible 'I• • i� If the City chooses to contract with a vendor other than metro's Bikeshare vendor, they will • be eligible • Operations and Maintenance ••• unless they agree to the interoperability objectives (including fully Participating in a title sponsorship program) outlined in the July 2015 Board Meeting, Rev: 10.27.2017 1 FA Attachment E Special Conditions FTIP#: LAF9525 CFP#F9525 FA # 92000000OF9525 ATrACHMENT E-1 NCUSTAINABLE DESIGN ELEMENTS REQUIREMENTS SPECIAL GRANT CONDITIONS 1. Grantee shall ensure its Project is in compliance with the LACMTA Sustainable Design Elements Requirements by meeting the following conditions: a. Grantee shall attend the LACMTA-hosted training on sustainable design prior to the initiation of the construction phase. The LACMTA training on sustainable design will be held every Fall. For training details, Grantee shall be responsible 0 for contacting the LACMTA Sustainability Policy Manager. N—V —1- D. Grantee shall develop a Sustainable Desi2n1llan (Plan), for ILLACMTAre approval, that contains, at a minimum, the following elements: 1. A list of the sustainable design elements which will be included in the Project. 2. A summary description of mitigation measures committed through project environmental review. 3. A detail descri tion of how the Project's -proposed sustainable design IP elements will achieve either (1) the LACMTA Sustainable Design Performance Metrics ("LACMTA Metrics"), found in Appendix J of the Call for Projects Application; or (2) Alternative Metrics, as defined below. T'r f- - : LVC6111C.5 LV use an Alternative Metncs, the Plan must est ablish 41— the alternative set of performance metrics Grantee intends to use. 4. A description of how Grantee will achieve each LACMTA Metrics or the Alternative Metrics, as applicable to the Scope of Work. The "Alternative Metrics" is defined as any alternative metrics that exceeds business -as -usual performance in the following areas: energy and water use; waste reduction; stormwater management; and reduction of urban heat island x� as api�sdicable to the Scoice of Work, Grantee ma cite 3erformance metrics from standardized sources including but not limited to LEED, LEED-ND, Envision, and Sites Initiative. Prior to initiation of the const truction pl- seo -'-',-Pro,-- Grantee •niustbe found in r ha.� of UIC JqZ;%-t, compliance with the Plan. Grantee's compliance with the Plan can be determined in one of two ways: the LACMTA Sustainability Policy Manager shall determine and certify Grantee's compliance with the Plan or the Grantee must provide written self -certification of compliance to the LACMTA Sustainability Policy Manager with these conditions found in Section Rev: 10.24.15 1 FA Attachment E Special Conditions CFP#F9525 FA# 92000000OF9525 4. LACMTA's Sustainability Policy Manager Contact Infonnation: Paul Backstrom &gkaroxnic" t,rt (213) 922-2183 Rev: 10.24.15 2 FA Attachment E Special Conditions