HomeMy WebLinkAbout07. Auth CM to Execute Funding Agreement w-LACMTA for the Firestone Blvd Improvement Projfr4mfl093
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORK�Y INGI�N�EGERL
DATE: September 10, 2019
SUBJECT: FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY FOR THE
FIRESTONE BOULEVARD IMPROVEMENT PROJECT
(OLD RIVER SCHOOL ROAD - WEST CITY LIMIT)
Nh *eel r, F, 9 A Ii, TOT-, vt IC k 111
That the City Council:
1) Approve the funding agreement with the Los Angeles Metropolitan Transportation Authority
(Metro) for the Firestone Boulevard Improvement Project (Old River School Road — West City
Limit), and
2) Authorize the City Manager to execute the agreement in a form acceptable by the City Attorney,
BACKGROUND
In 2018, the City executed a funding agreement with Metro to exchange $1 million in repurposed
federal earmark funds with Proposition C funds toward the design and construction of the Firestone
Boulevard Improvement Project. The City has expended $81,391 of these grant funds to date on this
project.
FBIRT441,WGIN
Typically, Metro requires a funding agreement with the sponsor of each project receiving grant funds
administered by Metro. Therefore, two separate funding agreements with Metro would normally be
required in this situation. However, for the sake of simplicity, Metro has combined the funding
METRO FUNDING AGREEMENT FOR FIRESTONE BLVD. IMPROVEMENT PROJECT (ORSR-WCL)
September 10, 2019
agreements for the 1-710 Corridor Early Action Measure R and repurposed federal earmark
Proposition C funds into one funding agreement.
The execution of the attached funding agreement (see Attachment "A") will allow the City to continue
spending the repurposed federal earmark Proposition C and remnant 1-710 Corridor Early Action
Measure R grant funds on the Firestone Boulevard Improvement Project.
Quality of Life, Infrastructure & Parks
FISCAL IMPACT
A total of $323,000 in 1-710 Corridor Early Action grant funds will be transferred to the Firestone
Boulevard Street Improvement Project (acct. no. 26-17717). No impact to the General Fund.
ATTACHMENTS
Attachment A - Funding Agreement with Metro
0
L4LRE1705 Project#: MR306.42
1-710 Early Action Projects (Gateway Cities) FA# 9200000ODMR306.42
LIVWIMI
FUNDING AGREEMENT
and is by and between the Los Angeles County Metropolitan Transportation Authority
("IACMTA") and City of Downey ("GRANTEE") for Firestone Blvd. Improvement Project (Old
River Road and the west city limit), IACMTA Project ID# MR306.42 and FTIP# LARE1705,
(the "Project"). This Project is eligible for funding under Une 37 of the Measure R Expenditure
Plan.
WVf
101rall 11 ice,• 2,1111S (Lie• WYEW7 41TWEE-IM ITO UpprulwN. A- - In
Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2,
2009.
Measure R Funds to GRANTEE for Plans, Specifications and Estimates (PS&E) and
Construction of the Project, and
VIV W"IFT73 IFT-0 Z V KV I 6=1 �0 =-1,
Transportation Earmark Exchange Program.
INW®R,
federal transportation earmark value.
ICU
and transferred the remaining $918,609 Proposition C 25% Funds to this MR306.42 in its
entirety.
NWIX4151"O WWI 15 To In ffm Wh 1 41 Ok 11111
and• Estimates (PS&E) and Construction of the Project is $1,241,609; and
Measure R Fuhding Agreement - Highways - General
FTIP #: LARE1705 Project#: MR306.42
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.42
The terms and conditions of this FA consist of the following and each is incorporated by
reference herein as if fully set forth herein:
Specific Terms of the FA
2. Part II — General Terms of the FA
3. AttachmerLt 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 of Work
7. Attachment D — Project Reporting and Expenditure Guidelines
8. Attachment D-1 — Monthly Progress Report
9. Attachment D-2 — Quarterly Expenditure Report
10. Attachment E — Federal Transportation Improvement Program (FTIP) Sheet
11. Attachment F — Bond Requirements
12. Any other attachments or documents referenced in the above documents
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific
Ternas of the FA and any attachments and the Specific Terms of the FA shall prevail over the
General Terms of the FA.
Rev: 12.06.16 2 Measure R Funding Agreement — Highways - General
LARE1705
1-710 Early Action Projects (Gateway Cities)
Project#: MR306.42
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly
authorized representatives as of i. indicated below:
WANUTT".1
By: Date:
Phillip A. Washington
Chief Executive Officer
MARY C. WICKHAM
County Counsel
el .2011
By: Date:
38i=
By: Date:
Gilbert Livas
City Manager
By: Date:.
Yvette M. Abich Garcia
City Attorney
Rev: 12.06.16 3 Measure R Funding Agreement — Highways - General
LARE1705 Project#: MR306.42
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.42
1. Title of the Project (the "Project"): Firestone Blvd. Improvement Project (Old River
koad and the west city limit) — Plans, Specifications and Estimates (PS&E) and Construction.
LACMTA Project ID# MR306.42, FTIP# LARE1705.
1 11 IN OF I•N 10• •111111 11 � I I I
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 $323,000 (the "Fund") for
theProject. LACMTA Board of Directors' action of April 27, 2017 and October 26, 2017
granted the Measure R Funds for the Project. The Funds are programmed over two
years for Fiscal Years (FY) FY 2015-16 and FY 2017-18.
2.3 Under the Federal Transportation Earmark Exchange Program, GRANTEE is
entitled to 97% of the federal transportation earmark value. Under the LACMTA Federal
Transportation Earmark Exchange Program, LACMTA shall make to GRANTEE a one-
time Proposition C 25% funds in the amount of $1,000,000 (the "Earmark Funds"), of
which only $918,609 are remaining for the Project under this FA. The Earmark Funds
are programmed in FY 2018-19.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provi.-
.•r •r
eappropriate supporting documentation with the Monthly Progress Report and/or the Quarter
Expenditure Report. GRANTEE Funding Commitment, if applicable, must be spent in the
appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withho
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 funds programmed for
the Project as approved by LACMTA and is attached as Attachment A. The Project Funding
includes the total programmed funds for the Project, including the Funds programmed by
LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The
Project Funding also includes the fiscal years in which all the funds for the Project are
programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure
Plan"). It is the entire proposed cash flow, theBudget •and financial plan for the Project, which
includes the total sources of all funds programmed to the Project, including GRANTEE and
11 as the fiscal year and uarters
the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan
annually, no later than December 31, and such update shall be submitted to LACMTA's
Managing Executive Officer of Construction & Engineering in writing. If the LACMTA's
Managing Executive Officer of Construction & Engineering concurs with such updated
Expenditure Plan in writing, Attachment'13-1 shall be replaced with the new Attachment B-1,
Rev: 12.06.16 4 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.42
setting forth the latest approved Expenditure Plan. Payments under this FA shall be consiste
with Attachment B-1 as revised from time to time. In no event can the final milestone date b
changed or amended by written concurrence by the LACMTA Managing Executive Officer of
Construction & Engineering. Any change to the final milestone date must be made by a fully
executed amendment to this FA.
6. Attachment C is the Scope of Work ("the Scope of Work"). The GRANTEE shall
complete the Project as described in the Scope of Work. This Scope of Work shall include a
detailed description of the Project and the work to be completed, including anticipated Project
milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a
description of the Project limits. No later than December 31 of each year, GRANTEE shall
i
any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall
memorialize such changes in an amendment to this FA. Work shall be delivered in accordance
with this schedule and scope unless otherwise agreed to by the parties in writing. If GRANTEE
is consistently behind schedule in meeting milestones or in delivering the Project, LACMTA
will have the option to suspend or terminate the FA for default as described in Part 11, Sections
2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE
believes it can make up the time so as to not impact the final milestone date, GRANTEE shall
notify LACMTA of such changes in its Monthly Progress Reports and such interim milestone
dates will automatically be amended to the latest interim milestone dates provided in the
Monthly Progress Reports Attachnient D -L In no event can the final milestone date be
amended by a Monthly Progress Report.
M I UWW'90 KIM I I ITS] IN 01 OW I I trylvER I I's r6a I I atom 0 Mae] 4
8. Attachment D is the Project Reporting & Expenditure Guidelines. GRANTEE shall
complete the "Monthly Progress Report" and/or the "Quarterly Expenditure Report". The
Monthly Progress and Quarterly Expenditure Reports are attached to this FA as Attachments D-
1 and D-2 in accordance with Attachment D — Project Reporting and Expenditure Guidelines.
9. Attachment E, the "FTIP PROJECT SHEET (PDF)", is attached as Attacliment E and is
required to ensure that the Project is programmed correctly in the most up-to-date FTIP
document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database
under the reports section at hjtjy.� ".)rograni. me tro. net. All projects that receive funding
through Measure R must be programmed into the FTIP, which includes locally funded
regionally significant projects for information and air quality modeling purposes. GRANTEE
shall review the Project in ProgramMetro each year and update or correct the Project
information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be
notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through
e after GRANTEE is aware of an,, changes to
the Project, but no later than October 1 of the year the change or update is effective. Should
GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the
Project and may ultimately result in the Funds being lapsed.
Rev: 12.06.16 5 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.42
10. GRANTEE shall comply with the "Special Grant Conditions" attached as Attachment G,
if any.
ruallin w1i Wr
ITT Myer -P. L Ct T; I I
Officer or his/her designee and GRANTEE. Modifications that do not materially affect the
terms of this FA, such as redistributing Funds among existing budget line items or non-
material schedule changes must be formally requested by GRANTEE and approved by
LACMTA in writing. Non -material changes are those changes which do not affect the grant
amount or its schedule, Project Funding, Financial Plan, or the Scope of Work, including the
Work schedule.
W1 0 0 0 NTo TO FETT., "If
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy Olmos Delgadillo
LACMTA PROJECT MANAGER
MAIL STOP 99-18-2
City of Downey
Public Works Department
11111 Brookshire Avenue
City of Downey, CA 90241
E-MAIL: enorris@downeyca.org
PHONE: 562-904-7109
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 La and necessary for Lr to fulfill its responsibilities as the
grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt
Rev: 12.06.16 6 Measure R Funding Agreement — Highways - General
■
Project#: MR306.42
financing to provide any portion of the Funds, GRANTEE shall take all reasonable • M
fmay be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA ino
:iemonstrating and maintaining over time, compliance with the relevant sections of the
`• Tax Code to maintain such bonds tax status.
Rev: 12.06.16 7 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
The term of this FA shall commence on the Effective Date of this FA, and shall terminate up'l
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 mad
to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure
Guidelines (ALtacliment 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. I
Should LACMTA determine there are insufficient Measure R Funds available for the Project,
LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least
thirty (30) days in advance of the effective date of such suspension or termination. If a Project
is suspended or terminated pursuant to this section, Lt will not reimburse GRANTEE
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.
Submit invoice with supporting documentation to,
ACCOUNTSPAYABLEOMETRO.NET (preferable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:
Re: LACMTA Project ID# MR306.42 and FA# FA920000000MR306.42
LACMTA Project Manager Lucy Olmos Delgadillo; Mail Stop 99-18-2
Rev: 12.06.16 8 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
4.1 GRANTEE shall utilize the Funds to complete the Project as described in
the
it of Work and in accordance with the Reporting and Expenditure Guidelines and the
specifications for use for the transportation purposes described in the Ordinance.
4.2 Attachment C shall constitute the agreed upon Scope of Work between
LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be
used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds or
projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expens
or activities above and beyond the approved Scope of Work (Attachment Q 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 couns]
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, equipment (such as computer hardware or software), vehicic
or property, purchased or leased using the Funds, ceases to be used for the proper use as
I
that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay
the Funds in proportion to the useful life remaining and in an equal proportion of the grant to
GRANTEE Funding Commitment ratio.
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in
support of the Monthly Progress 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.htm. GRANTEE must provide detailed
supporting documentation with its Monthly Progress and Quarterly Expenditure Reports.
GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with
each quarter's payment.
Rev: 12.06.16 9 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
6.1 GRANTEE shall submit the draft of Monthly Progress Report
tAttachtnent D-1) within seven (7) days from the last day of each month, if required, and
submit the draft of Quarterly Expenditure Report (Attacliment D-21 within sixty (60) days after
the close of each quarter on the last day of the months November, February, May and August tit
the LACMTA Project Manager for review and pre -approval of the applicable report.- LACMTA
shall review
• respond in writing to the draft Monthly Progress and • Expenditure
'-•'• within five (5) business •. from receipt. Grantee shall submit the LACMTA pre -
approved Monthly Progress Report and Quarterly Expenditure Report no later than five (5) day�!
after receipt of LACMTA's written approval. Should GRANTEE fail to submit either the draft
or pre -approved reports within five (5� days of the due date and/or submit incomplete reports,
LACMTA will not reimburse GRANTEE until the completed required reports are received,
reviewed, and approved. The Monthly Progress and the Quarterly Expenditure Reports shall
include all appropriate documentation (such as contractor invoices, timesheets, receipts,
• any changes to interim milestone dates that do • •. the final milestone date. All
supporting documents must include a clear justification and explanation of their relevance to
the Project. If no activity has occurred during a particular quarter, GRANTEE will still be
required to submit the Monthly Progress and Quarterly Expenditure Reports indicating no
dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a
single month, then GRANTEE can submit such an invoice once per month with supporting
documentation.
6.2 LACMTA, and/or its designee, shall have the right to conduct audits of
award audits, performance audits and final audits. LACMTA will commence a final audit
within six months of receipt of acceptable final invoice, provided the Project is ready for final
audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA,
and such costs, charges and invoices are properly documented and summarized in the
accounting records to enable an audit without further explanation • summarization
including actual indirect rates for the period covered by the FA period under review).
GRANTEE agrees to establish and maintain proper accounting procedures and cash
management records and documents in accordance with Generally Accepted Accounting
Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in
compliance with the Scope of Work and/or not in compliance with • terms and conditions
• this FA. The • of costs for GRANTEE's • expenditures submitted to LACMTA
• this Project shall be in compliance with Office • Management and Budget (OMB) Circular
A-87. The • • • • GRANTEE's contractors, consultants and suppliers
expenditures submitted to LACMTA through GRANTEE's Monthly Progress Reports and
Quarterly Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition
Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is
applicable). Findings of the LACMTA • are final. When LACMTA audit findings require
(30) days after the final audit is sent to GRANTEE.
Rev: 12.06.16 10 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
6.3 GRANTEE's records shall include, without limitation, accounting
records, written policies and procedures, contract files, original estimates, correspondence,
change order files (including documentation covering negotiated settlements), invoices, and
- - - - - - - - - - ----- id3ince deemed necessarTkA bT-A LACMTA to substantiate char es relatei
to the Project (all collectively referred to as "records"). Such records shall be open to
inspection and subject to audit and reproduction by LACMTA auditors or authorized
representatives to the extent deemed necessary by LACMTA to adequately permit evaluation
of expended costs. Such records subject to audit shall also include, without limitation, those
records deemed necessary by La to evaluate and verify, direct and indirect costs,
(including overhead allocations) as they may apply to costs associated with the Project.
llowiwi final (capment under
this Agreement. Payment of retention amounts shall not occur until �fter th� LACMTA's
final audit is completed.
6.4 GRANTEE shall cause all contractors to comply with the requirements
of Part 11, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to
cooperate fully in furnishing or in making available to Lx all records deemed
necessary by LACMTA auditors or authorized representatives related to the Project.
6.5 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall be afforded access to all of the records of GRANTEE and its
contractors related to the Project, and shall be allowed to interview any employee of
GRANTEE and its contractors through final payment to the extent reasonably practicable.
6.6 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to the offices of GRANTEE and its contractors,
shall have access to all necessary records, including reproduction, at no charge to LACMTA,
and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the terms and conditions of this FA.
6.7 When business travel associated with the Project requires use of a
vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal
Revenue Service, as indicated in the United States General Services Administration Federal
Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.8 GRANTEE shall be responsible for ensuring all contractors/
subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall
cooperate with LACMTA Audit Department such that LACMTA can meet its obligations
imder the Ordinance.
6.9 GRANTEE shall certify each invoice by reviewing all subcontractor
costs and maintaining internal control to ensure that all expenditures are allocable, allowable
and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A,
Chapter 11, part 225, (whichever is applicable) and the terms and conditions of this FA.
Rev: 12.06.16 11 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.42
6.10 GRANTEE shall also certify final costs of the Project to ensure all coso
.2re 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 comply with the Scope of Work (such as misusing Funds or failure to return Funds
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 11, Section 6.
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 on
the part of LACMTA.
8.1 The obligation for Lx to grant the Funds for the Project is
subject tosufficient Funds being made available for the Project by the LACMTA Board of
Directors. If such Funds are not made available as anticipated from Measure R Program
revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds
become available. LACMTA shall have no obligation to provide any other funds for the
Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the Grantee Funding
Commitment, if any is identified in the Project Funding (Attachmem A), towards the cost of
the Project. If the Funds identified in Attachn-tent A are insufficient to complete the Project,
GRANTEE may request additional Measure R funds from its sub -region earmark pending
support of the sub -region's Governing Board. A particular sub -region's Measure R funds are
limited to the amount specified in the Ordinance and is still subject to approval of the LACMTA
Boafd. Nothing in this FA shall obligate, or be construed to obligate the LACMTA Board to
approve such request for additional funds. If the Funds are still insufficient to complete the
Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed
funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the
Project 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
G12.,4,'.VTEE's own risk.
Rev: 12.06.16 12 Measure R Funding Agreement — Highways - General
LARE1705 Project#: MR306.42
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.42
8.5 If GRANTEE receives outside funding for the Project in addition to the
Funds identified in the Project Funding and the Expenditure Plan at the time this grant was
awarded, this FA shall be amended to reflect such additional funding. if, at the time of final
invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding
Commitment, and any additional funding) exceeds the actual Project costs, then the cost
as the sources of funds from each r
rarsgq to this
FA as specified in the Project Funding and both the Funds and GRANTEE Funding
Commitment required for the Project shall be reduced accordingly. 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.
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, whichevei
date is later; and
(ii) Executing Contracts for Construction or Capital purchase within
twelve (12) months from the date of completion of design; and
(iii) Delivering Work in accordance with schedule; changes to the
schedule will require an Amendment to Attachment C to reflect
updated 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
(iv) -•-
the Monthly Progress and Quarterly Expenditure
Reports as described in Part II, Section 6.1 of this FA; and
(v) Expending the Measure R 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 stated in this F.A. All Measure R Funds programmed
for FY 2015-16 are subject to lapse by June 30, 2020. All Measur(
R Funds programmed for FY 2017-18 are subject to lapse by
June 30, 2022.
(vi) Expending the Proposition C 25% Funds granted under this FA
for allowable costs within three years or 36 months from July 1st
of the Fiscal Year in which the Funds are programmed. All
Proposition C 25% Funds are subject to lapse by June 30, 2021.
a. Expenses shall be invoiced no later tha
60 days after the LAPSING DATE.
b. The term "expend" shall mean
99encumbered by an awarded contract"
Rev: 12.06.16 13 Measure R Funding Agreement — Highways - General
U -TIP #: LARE1705 Project#: MR306.42
E-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.42
9.2 In the event that the timely use of the Funds is not demonstrated as
described in Part II, 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 LACMTA Board of Directors in accordance with the Ordinance. In the
event that all the Funds are reprogrammed, this FA shall automatically terminate.
ffilnnl��
ESUMV-614 "410�120 MoRUMM 0 0
- M-- 111,
MR•
the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA's prior
written consent or 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 to cure the Default, or commit to cure the Default and commence the same
within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the following
remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further
disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any
Funds disbursed to GRANTEE as allowed by law or in equity.
11.2 Effective upon receipt of written notice of termination from LACMTA,
GRANTEE shall not undertake any new work or obligation with respect to this FA unless so
directed by LACMTA in writing. Any Funds expended after termination shall be the sole
responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall hav,;
i1W*AAVW ";-2
available at law or in equity.
Rev: 12.06.16 14 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
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 Agreement, unless otherwise specifically authorized in writing by the
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"
found in the Funding Agreement Communications Materials Guidelines. I
12.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordancewith specific raphic guidelines. These guidelines and logo file
gs
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 Projeol
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 failure to
'1A0MrWi0JL-4'QJ-21Ti JUT*
have all rights and remedies set forth herein.
13.1 This FA, along with its Attachments, constitutes the entire
understanding between the parties, with respect to the subject matter herein. The FA shall not
be amended, nor any provisions or breach hereof waived, except in writing signed by the parties
who agreed to the original FA or the same level of authority. Adoption of revisions or
supplements to the Guidelines shall cause such revisions or supplements to become
incorporated automatically into this Agreement as though fully 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 15 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000MR306.42
proportion and scope and to the same extent as described in this FA. Equipment acquired as
part of the Project, including office equipment, vehicles, shall be dedicated to that use for their
full economic life cycle, including any extensions of that life cycle achieved by reconstruction,
rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the State
iff California, County of Los Angeles, or the U.S. District Court for the Central District of
C J -VA#-' or interpret this FA to protect or establish
;--ny rights or remedies hereunder, the prevailing party shall be entitled to its costs and
expenses, including reasonable attorney's fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or committed to
be done by GRANTEE under or in connection with any work performed by and or service
provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under
this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its 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,
ontractors in the (cerformance of the work or the Gyrovision of the
W1
services, in connection with the Project including, without limitation, the Scope of Work,
described in this FA.
13.5 Neither party hereto shall be considered in default in the performance of
its obligation hereunder to the extent that the performance of any such obligation is prevented
-v andgovernment
"#:)-t4--J2*r4s:�6*soinforeseen causes includin�!4 acts of God acts of a (cublic en=q
acts beyond the control and without fault or negligence of the affected party. Each party hereto
shall give notice promptly to the other of the nature and extent of any such circumstances
claimed to delay, hinder, or prevent performance of any obligations under this FA.
13.6 GRANTEE shall comply with and insure that work, performed under h
FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations,
and procedural requirements including Federal Acquisition Regulations (FAR), and the
applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibi i'l
for obtaining copies of and complying with the terms of the most recent federal, state, or loc
laws and regulations, and LACMTA requirements including any amendments thereto. I
13.7 GRANTEE agrees that the applicable requirements of this FA shall be
included in every contract entered into by GRANTEE or its contractors relating to work
performed under this FA and LACMTA shall have the right to review and audit such contracts.
Rev: 12.06.16 16 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
13.8 GRANTEE shall not assign this FA, or any part thereof, without prior
13.9 This FA shall be governed by California law. If any provision of this FA
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions shall nevertheless continue in full force without being impaired or invalidated in any
way.
13.10 The covenants and agreements of this FA shall inure to the benefit of,
and shall be binding upon, each of the parties and their respective successors and assigns.
13.11 Implementation of any ITS project shall be consistent with the Regional
ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and
Procedures adopted by the LACTA Board of Directors including the submittal of a
completed, signed self -certification form. For the ITS policy and form, see
www.tnetro.net/proiccts studies/s: ALi?j-A� ec—t,-,tother —rCSOLirces. litin.
13.12 If any parking facilities are designed and/or constructed using the
Funds, GRANTEE shall coordinate with LAC TA 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 LAC TA adopted parking policy.
For the parking policy, see
WWWJ11etrO.1 pl°0,jCCtS-StLidiesl/call._4)rojects/otlier-resoLii•ces.hLm.
I I 111111 11111C! III 11111111111 111 111
13.14 Notice will be given to the parties at the address speced 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 n
2 contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational
#r personal conflicts of interest and agrees to notify LACMTA immediately in the event thaP
z conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agell
*r employee of LACMTA and shall have no powers to bind LACMTA in contract or 0
#therwise. 0
Rev: 12.06.16 17 Measure R Funding Agreement — Highways - General
FTIP #: LARE1705
ATTACHMENT A - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 920000000MR306.42
Project Title: Firestone Blvd Improvement Project (Old River Road and the west city limit) Project#: MR306.42
PROGRAMMED BUDGET - SOURCES OF FUNDS
I SOURCES OF FUNDS Prior Years FY2015-16 016-17 FY2017-18 FY 2018-19 IL019-20 FY�FY2021-22 i BTotaet(I
gLACMTA PROGRAMMED FUNDING (®
(PROP C 2 $ 223,000 11 $ 100,000 5 $ $ 323,000
ASUR
E R FUNDS
5% _.....__ 1 _ $ 918,609 j �I $ ®� $ j $ 918,609
SUBTOTAL I 223,000 L$ $ J $ 918,609 1 $ 100,0001S I $ - s 1,241,6091
LACMTA PROGRAMMED FUNDS B $ $ 223,000 r$ 1 $ - $ 918,609 $ 100,000 $ $ 1[$ 1,241,609
YEAR SUBTOTA #
LOCAL: City funds
[ fi
STATE: Green Project Reserve
FEDERAL: Highway Safety
Improvement Program
�OTHERDINGSUBTOT $
TOTAL PROJECT FUNDS 1 $
$ 1,9451 $ 452,088 I $ 454,033
$ 696,000 $ 696,000
$ 143,000 � $ 143,®®0
$ $ $ $ 144,9,,,,,,.
945 $ 1,148,088 $ - $ -' $ 1,293.033
- $ T4000 $ $ 11 $ 1,063,554 O $ 1,248,088 1$ $ $ "2,"534,642
M
Rev. 11.7.17 FA Measure R Hwys Gen Attachment A Project Funds
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
ATTACHMENT B
MEASURE R EXPENDITURE PLAN GUIDELINES
PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Submit an
Expenditure Plan
Rev: 11-1-14 1 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
o An annual schedule, in current dollars, of anticipated costs by the cost estimate
categories described above; and;
o The expected completion by month and year of project or program completion.
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 Expenditure Plan:
Section b (3) B
(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan
for the net revenues derived from the tax. The expenditure plan shall include, in addition to
other projects and progi-ams identified by the MTA, the specified projects and programs
listedn paragraph (3) ofsubdivision (b), the estimated total cost for each project and
program, funds other than the taxrevenues that the MTA anticipates will be expended on
the projects and programs, and the schedule during which the MTA anticipates funds will be
available for each project and program. The MTA shall also identify in its expenditure plan
the expected completion dates for each project described in subparagraph (A) ofparagrql)h
(3)ofsubdivision(b). To be cligible to receive revenues derived from the tax, an agency
sponsoring a capital project or capitalprogramshall submit tote MTA an expenditure plan
for its project orprogramcontaining the same elements as the expenditure plan that MTA is
required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption ofan amendment described in paragraph (1)
to an expenditure plan adopted pursuant to subdivision (1), including, butnotlimited to, the
expenditure plan adopted by the MTA board as 'Attachment"in Ordinance #08-01
adopted by the board on July 24, 2008, andin additio17 to any other notice requirements in
the proposing ordinance, the board shall notify the Members of the Legislature representing
the Co un ty ofL os Angeles ofall of th e follo wing. -
(1) A description of the proposed amendments to the adopted expenditure plan that would
do any of the following:
(A) Affect the amount ofnetrevenues derived from the taximposed pursuant to this act
that is proposed to be expended on a capital project or projects identified in the adopted
expenditure plan.
(B) Affect the schedule for the availability offundsproposed to be expended on a capital
project or projects identified in the adopted expenditure plan.
(C) Affect the schedule for the estimated or expected completion date ofa capital project or
projects identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope,
or timely avallab-dity offunding for the capital project or projects contained in the adopted
expenditure plan.
Rev: 11-1-14 2 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
Measure R Program - Funding Agreement Projects - FA.920000000MR306.42
Project Title: Firestone Blvd Improvement Project (old River Road and the west city limit)
Project#: MR306.42
1
$39,9151
S_U6,9139
PROGRAMMED SOURCES OF FUNDS
A
SWAM
$246,054
$29,850
FY2014-15
Fhyn 15.16
FY 2014.15 FY 2014.15 FY 2014.15 FY 2015-16
.1
FY 201S 6
FY 2015.16
TOTAL
SOURCES OF FUNDS
Qtr I
Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2
Qtr 3
Qtr 4
BUDGET
aCMTA PROGRAMMED FUNDS:
$o
8, "1
$905,093
9 3
_FY'i;ii.,i6
1
$84.896
$0
(Const. Support
FY 2018-19
FY
8
_iii6ii.iq ;'120718-19
ii 2614-20'
Fii0i9.20
TOTAL
SOURCESOFFUNDS
Ohr I
Ohr 2
Otr 4_�
0 4
Otr I Otr 2
Otr 3
Qtr 4
BUDGET
LACMTA PROGRAMMED FUNDS:
$13,400
1
$39,9151
S_U6,9139
MEASURE R FUNDS:
A
SWAM
$246,054
$29,850
lConst. Support
$323.0001p
S100,458
$0 $226T
$20.624
lColl'tTuctim
I
$38.111
I
$113516
I Total MEASURE R
J
$o
8, "1
$905,093
9 3
(PROP C 25%
1
$84.896
$0
(Const. Support
$945,826
$114,746 I
lConstruction
F_ Total PROP C 25%
0
_so
573.179
ISUM PROG LACMTA FUNDS: 1
$01
$152,5661
$0
JOTHER NO�N 1ACMTA FUNDING:
ILOCAL: City funds
$62,880
$301,4671
'Const. Support
1
$114,103 1
$o I
lConstruction
F_ Total LOCAL(
$0
$o I
ISTATE: Green Project Reserve (GPRi funds
(Const. Support
IPW
Iq
I -Construction
Total STATE
io 1
io
IFEDERAL: HiLLwal Safety I mprovernent'orogram'(H SIP)
lConst. SuPT)ort
Fc_-n_s_iructio,i_
Total FEDERALI
$o
f
SUM NON-LACMTA FUNDS:
$0
$o
PROJECT FUNDING
$o
$G
FY18-19 and FY19.20
t,
SOURCES OF FUNDS
1 $5101 $6.8601
I I S39,7261
$0 $5101 $46.5861
1 $1,4501 $19,5081
1 $112,9831
$o $1,450 1 $132,491 1
$0 $1,960 - $179,077
$1,945 $26,219
$151,853
$01 $1,945 $178,072
$1,098 $14,781
$19,1451
$13,400
1
$39,9151
S_U6,9139
516�450
A
SWAM
$246,054
$29,850
$323.0001p
S100,458
$0 $226T
$20.624
$108,934
$54.4471
$38.111
1
$113516
$645,3251
$1,744,868
$46,785
8, "1
$905,093
9 3
$699,772
1
$84.896
$0
$918,609
$945,826
$114,746 I
$0
573.179
$51.2231
$152,5661
586,734
$62,880
$301,4671
$159,913
1
$114,103 1
$o I
$454,033 I
$A11,253
$86.0071
St
$609,993,
$64,322 T
-1
$488,94
$o 1 $1.098 T
_$85.6041
$100,385
s530,195
$226 1
$3,037
$8.476
$17,587
S100,458
$0 $226T
$20.624
$108,934
$0f $3,269
$299,081
$799,042
$5,2291
$478,1581
$1,744,868
$86.0071
St
$609,993,
$64,322 T
$01
$696,000
1
$5,933
-1
$7.283
1
$125.329
$13,216
$o
$14600,
i_191,641
I
$o
$1,293,033;
I SUMMARY OF ALL FUNDS1
(Const. Support TFo -so 1 $01 $5,229 1 $70.405 $196,500 1 $137,542 1 $o $409,676
[Construcfion $0 so $:o $01 $407,7531 $1,548368 1 $168,845 $01 $2,124,966
TOTAL MILESTONES 1 $0 I $0, 1 $o I $5,229 I $478.1581 $1,744,868 1 $306,38= - $Of $2,534,642
. . . ..... SUM
PROd . LACMTA FUNDS $0, $1,9601 $179,077 1 $945,8261 $114,746( $1,241,609
SUM NON-LACMTA FUNDS $01 $0 $0 $3,269 1 $299,081 $$744,868
TOTALPROJECT FUNDING $0 $0 $478,58 $306,387 $0 $2,534,642
FTIP #: LARE1705
I-710 Early Action Projects (Gateway Cities)
blifle] qL01 211ftel
Project#: MR306.42
FA# 920000000MR306.42
PROJECT TITLE: Firestone Blvd. Improvement Project (Old River Road and t
west city limit) I
The project is located on Firestone Boulevard in the City of Downey.
This project limits are on Firestone Boulevard between Old River School Rd. and the west city
limit.
The purpose of this project is to improve traffic circulation and mobility within the 1-710 Freeway
corridor by minimizing congestion along the Firestone Blvd. corridor.
1=10111•
Firestone Boulevard functions as one of the major east -west arterial corridors within the city,
providing access to the 1-710 and 1-605 and 1-5 Freeways as well as other major traffic
generators (e.g., Stonewood Mall, Downtown Downey). Therefore, the proposed project area,
Firestone Boulevard between Old River School Rd. and the west city limit, currently
accommodates an average daily traffic (ADT) volume of approximately 45,000 vehicles per day
(VPD) (3,100 of which are trucks) with existing level -of -service (LOS) of "D" during AM and PM
peak hours, respectively. The traffic volume on this portion of the Firestone Blvd. corridor is
expected to increase by 23% to approximately 55,000 VPD by year 2035. As such, it is
expected that the LOS during AM and PM peak hours will deteriorate to levels "E" and "F",
respectively, without improvements to the corridor.
COMPONENT
AMOUNT
Construction Support
$313,214
Construction Capital
$2,221A
Total Budget
$2,534,1
COMPONENT AMOUNT
Construction •. :•.:• $153,431
Construction a • $1,088,1 ••M 1
Total Budget
Rev: 11.1.14 1 FA Attachment C
Scope of Work
FTIP #: LARE1705
I-710 Early Action Projects (Gateway Cities)
START: 1/l/2017*
COMPLETE: 7/1/2020
Project#: MR306.42
FA# 920000000MR306.42
*This date is consistent with the effective date of Prop C Programming Agreement
9200000OOE1 705and will provide • •- •ntinuity through the processing •' FA
MR306.42
The Project features include, but are not limited to, the following:
• Increasing the number of travel lanes from two (2) to three (3) per direction,
• Construction of raised median islands to enhance traffic throughput and safety,
• Installation of new traffic signal, and
• Incidental striping, signing and pavement markings.
• All work will be completed within existing right-of-way.
I. Project Management and Preparation of Periodic Updated Schedule,
Deliverables and Meetings:
Tasks to be performed include, but are not limited to, the following:
A. The Consultant shall 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: Pre -construction Meeting, weekly construction status
meetings and meetings to close out the project.
B. Provide periodic schedule updates on change orders and meetings as changes
to original schedule occur or as needed based on the needs of the project.
City of Downey expects to provide construction oversight and will procure a consultant
for construction engineering support (inspection) 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,
Rev: 11.1.14 2 FA Attachment C
Scope of Work
FTIP #: LARE1705
1-710 Early Action Projects (Gateway Cities)
Project#: MR306.42
FA# 920000000MR306.42
• Review contractor's certified payroll records for labor compliance and
ensure compliance with the Dept. • • 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
• Provide construction observation to ensure compliance with the projec!
•_ and specifications.
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 RIFIs.
Rev: 11. 1. 14 3 FA Attachment C
Scope of Work
FTIP#: LAD1705 Project#: MR06.42
l'7lOEarly Action Projects (Gateway Cities) FA#92O0UOOOUBXB3O6.42
CONSTRUCTION MILESTONES: The implementation schedule for this project will beaefollows. Please
include all applicable milestones and
provide any additional
specific activities that are not
currently listed under "other."
CONSTRUCTION �
�T��F��F
|
COMPLETION DATE �
Bid Solicitation
�
Develop Bid Package
� 3-1-18
5-1-19
Advertise
5-2-19
5'23-19 �
Open Bids / |
[]
5'23-18
-O-18
8 i
Bid Evaluation |
5-24-19
6-7-19 _
| City Council Approval
0-26-19
7-12-19
Contract Award
8-28'19
7-12-19
Fully Executed Contract
7-15-19
7-31-19
Pre -construction meeting
8-2-19
|
8-16-18
Notice -to- Pnoo ed8-2-10
'
|
8-16-18
Construction Support
Construction Management/inspection
8-23-18
2-14-20 �
Best Management Practices &1Pe)
8-23-19
2-14-20
Excavation
Unclassified Excavation|
8-30-18
9-8-19
Survey
8-30-19
9-6-19
Grading|
9-0-19
9-13-19
Drainage|
9-18-18
9-30-19 �
Asphalt
I ASphalt concrete (AC) ova|11-15-1S
11-20-19 |
Asphalt concrete
12-3-19
12-5-19
ARHM
12-6-10
12-10-19
just manholes
12-31-19
1-3-20
Concrete�
Remove Existing PCC
9-20-18 �
18-4-19 _
Form Work
10-4'19
� � 10-18'19
Pour curb and gutter
10-11-19
10-21-19
Pour sidewalk
10-24-19
11-1-18
�Pour curb ramps
11-1-19
11-11-19
Pour drive approach
8-23-19
.
10-20-19
Traffic Control
!TMP
_ 8-22-18
| 2-14-20
Striping& Signage
Pavement Markings
1-17'20
| 1-24'20 |
Striping &RPMe
1-10-20
1-15-30
��nage
1-24-20
| 1-31-20
E|en±rica|
Irrigation Crossings
9-23-19
_ 10-11-19
traffic Signal Conduits & Pull Boxes
10-14-18
10-21-19
Install Pedestrian Pushbutton
10-25-19
10-28-18
Median Lighting
10-31-19
11-15-18
Landscaping & Irrigation |
|
|nnpod/p|eoetmpaoi| & mu|ch, install
moisture barrier and apply weed killer
10-3548
11-8-19 _
|nabaU plant material
13-20-10
| 1-3-20
Plant Embellishment
9-4-18
4-3-20
� �r'�etion
11-8-19
| 11-20-19 _
Rev: 11.1.14
4
FA Attachment
Scope o[Work
FTIP #: LARE1705
1-710 Early Action Projects (Gateway Cities)
fflrlffl=
Rev: 11.1.14 5 FA Attachment C
Scope of Work
A331 ?A3MG-1 335
364111 i:)] W
1.9 JJ-VAr&V
,rc
7
vi
DO
Q4
VA V NO EH -VA H
3NIIHOIVVq
iHoib a3ddn 336
Project#: MR306.42
QL,f,"M,MAA,V,M
M
Rev: 11.1.14 6 FA Attachment C
Scope of Work
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
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 funding
agency regarding project -reporting requirements. In addition, GRANTEE will submit a
quarterly report to the LACMTA at ACCOUNTSPAYABLERMETROYET or by mail to
Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. 0. Box 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 must be supported by appropriate
documentation with a clear explanation • the purpose and relevance • each expense to
the project.
In cases where there are no activities to report, or problems causing delays, clear
explanation, including actions to remedy the situation, must be provided.
■ are required to track and report on the project schedule. Lx will I
monitor the timely use of funds and delivery of projects. Project delay, if any, must Mm
reported each quarter. I
I I W 0 0 4 MEN 109 -r -KO) WAA LOSIM 19 W 14176#0 919 SW I LOD KI Of 0 90 K I OWN 4 1,70 W I EUMA I 1 [2
.10MVWNIV
Quarter
July —September
January - March
April - June
Imm.
February 2F,
May 31
August 31
Upon completion of the Project a final report that includes project's final evaluation must be
submitted.
Reporting & Expenditure Guidelines
FTIP #: LARE1705 Project: MR306.42
1-710 Early Action Projects (Gateway Cities) FA # 920000000306.42
0114UMIDIV
Any activity or expense charged above and beyond the approved Scope of Work (FA
Attachment C) is considered ineligible and will not be reimbursed by the LACMTA
unless 'Drior written authorization has been granted by the LACMTA Chief Executive
Officer or his/her designee.
Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of
the project and for the direct benefit of the project as specified in the Scope of Work
(Attachment C). Examples of administrative costs are personnel, office supplies, and
equipment. As a condition for eligibility, all costs must be necessary for maintaining,
monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses
must be reasonable and appropriate to the activities related to the project.
LACMTA is not responsible for, and will not reimburse any costs incurred by the
GRANTEE prior to the Effective Date of the FA, unless written authorization has been
granted by the LACMTA Chief Executive Officer or his/her designee.
163:1=111'�
Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and
necessary, consistent with established practices of the organization, and consistent with
industry standard of pay for work classification.
Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to
reflect a "reasonable and customary" level. For detail definition of "reasonable cost",
please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and
Local Governments; and A-122 Cost Principals for Nonprofit Organizations.
Ineligible Expenditures: Any activity or expense charged above and beyond the approved
Scope of Work is considered ineligible.
Rev: 12.23.14 FA Measure R H Gen Attachment D Project
Reporting & Expenditure Guidelines
LACMTA
ATTACHMENT D-1
MONTHLY PROGRESS REPORT
Grantoo To Complete
nvoice #
Ilnvoice Date
FA#
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: FimstoneWvd ImpfowonenT r
FA #: 920000000MR306.42
MONTHLY REPORT SUBMITTED FOR: Month: Year:
DATE SUBMITTED:
Name: -- __ __ - Lucy 01mus Delgadillu
LACMTA Project Manager Phone Number: (?_k3) 022-7099
e-mail, Dolond1floLfintotro aut
Contact Name:
Job Title:
Department:
GRANTEE Contact
Project Manager City I Aqencv:
Mallina Address:
Phone Number,_ --
e -malt:
r- 121'".J 11 FAf,W,, P H,- D-1 %1WVP1cq, R,,pFk
Rev: 11.1.14 1 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
LACMTA
ATTACHMENT D-1
PROJECT TITLE: Firestone Blvd. Improvement Project (Old River Road and the west city limit)
1. DELI'VERA'BLES & MILESTONES
Lisi all deliverables and milestones as stated in the FA, Milt 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 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
ii;,vsn+ t'Y,is^-:.1 +,7 4Pha fJrftl,x!;rJ fin ArSc4Purar,>PBtr. g7re;Fs<, mur°rr'i6ea ,t d:F',?d rJ 18 rat4,r;P ,s ira ,:nraalrm.X, m
Current
Original FA Start Original FA End Actual Start Actual End Percent Completion Schedule
Date in Scope of Date it Scope of Date Date Completed By Forecast Variance
FA Milestones Work (MonthNear) Work (MonthlYear) (MonthNear) (MonthlYear) Time (ManthlYear) (Months)
SOLICITATION (BID/PROPOSAL)
Develop So(ir.)lal's-ort Package_ J-- -
Fully Executed Contract C
PLANNING, J
Prepare Concept Report f
Prepare Feasibility Study
Prepare Project Study Report @
OTHER: (please specify)
SOLICITATION (BIDIPROPOSAL) , T
Develop Solicitaron Package
Fully Executed Contract
IPS&E
( 35% PS&E
I
65% PS&E
95% PS&E
OTHER: (Please specify)
ROW _
OTHER: (Please STaecif)
SOLICITATION JBIDIPROPOSAL)
Develop Solicitation Package
Fully Executed Contract
(CONSTRUCTION it
(OTHER: (Please specify)
12. PROJECT COMPLETION
Based on the comparison of the original and actual project milestone schedules above, project is (select only one)
❑Ahead of original FA schedule ❑Less than 12 months behind original schedule
=On schedule per original FA schedule More than 24 months behind original schedule
E]Between 12-24 months behind original schedule
Rev: 11 1.14 2 FA Measure R Hwys Gen Attachment D-1 Monthly Progress Report
MONTHLY PROGRESS REPORT
t3, IA§,KS ii MILESTONES ACCOMPLISHED
ist tasks or milestones iccomplishod and progress made this month.
4. PROJECT DELAWACTION ITEM TO RE OLvE DELAY
if the project is delayed. Include description of the delay and action horns that have been, or will be, undertaken to resolve the delay,
Delay Issue(s) 'Targeted Resotutioni'Response Date
14 �* L �k. * ,
Current Percent
LACMTA Approved Approved Expenditures Completed By
FA Milestones Project Budget Changes Budget to Date Cost Variance Dollar Amount
�PLANNING
Z PA&ED
&E
11ROW Support
((ROW
1CONSTRUCTION Support
CONSTRUCTION I I I
7, RISK MANAGEMENT PLAN I 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
Risk CateporV Risk Event (Low/Mediurrill-liqh) Risk Mitigation, Strategies
Environmental
IPlanning
Design
IROW I
Construction
Bid/Award
Third Partv
I certify that I am the responsible Project Manager or fiscal officer and re presentative of
— - .. and that tothe best ofmy knowledge and belief the information
stated in this report is true and correct
9 =.
Rev: 11.1.14 3 FA Measure R Hays Gen Attachment D-1 Monthly Progress Report
LACMTA FA ATTACHMENT D-2 Invoice #
QUARTERLY PROGRESS / EXPENSE REPORT Invoice Date
FA#
Quarterly Report #
ACCOUNTS PAYABLE id) Nf ETRO.NET
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. 0. Box 512296
Los Angeles, Calitornia 90051-0296
after the close of each quarter, but no later than November 30. fchrua2-8,
May -LI and Ai4gu931. Please note that letters or other forms
of documentation may mt be substituted for this form. Refer tothe
Reporting and Expenditure Guidelines (Attachment C) for further information.
Earmark Total MR & Prop
Measure R Other Funds Total
Exchange -PC 25%
$
IF
Quarter Expenditure
,tention Amount I 1 1
it Invoice Amount (Less
itention) JI
nds Expended to Date
elude this Quarter)
�C
tal Project Budget f $ 323,000.00 I $ 918,609.00 $ 1,241,609.00
of Project Budget
pended to Date
ilance Remaining $ 323,000.00 $ 918,609.00 $
Rev: 12.23.14 1 FA Prop C Attachment C-1 Quarterly Report
I SECTION 2: GENERAL"INFORMATION
2M
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year: E:]2015-2016 E] 2016-2017 E] 2017-2018 02018-2019
E:]2019-2020 E] 2020-2021 E] 2021-2022 E2022-2023
Quarter: oQ1: Jul - Sep [—] Q2: Oct - Deco Q2: Oct - Dec
oQ3: Jan - Mar D Q4:Apr - Jun E] Q4: Apr - Jun
117-11% M191 --3 J, I I "; "11
LACMTA MODAL CATEGORY:
oRSTI
®TDM
E]Transit
LACIMTA Project IName:
Manager I Phone Number:
JE -mail:
Contact Name:
Job Title:
Project Sponsor Department:
Contact / Project City / Agency:
Manager Mailing Address:
Phone Number:
IE -mail:
Pedestrian Pedestrian Signal Synchronization
Bicycle Bicycle Goods Movement
Rev: 12.23.14 11 FA Prop C Attachment C-1 Quarterly Report
1. DEUVERABLES & MILESTONES
List all deliverables, 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.
FA Milestones Original FA Schedule in Scope of 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'nt
Total Proje�c!D.r.tl.n
(Months)
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
E] Between 12-24 months behind original schedule E]More than 24 months behind original schedule
-6-111 — ps-ffTf ,
Fj Yes E] No ■ NotApplicable�] NotApplicable
C Was a construction contract or capital purchase executed within 9 months after completion of design I specifications?
F-1 Yes 0 No r—] Not Applicable:] Notail licable
Rev: 12.23.14 3 FA Prop C Attachment C-1 Quarterly Report
J& TASKS / MILESTONES ACCOMPLISHED
List tasks or milestones accomplished and progress made this quarter.
14. PROJECT DELAY -I
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".
S =ACTION ITEMS TO 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 Prop C Atka cent C-1 Quarterly Report
,)N4-1TFM17Fn11STIKiE—OF FXPFNSF!;ANrjCHARD FSTH C
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.
ITEM 6 TOTAL EXPENSES I C'tfARf E3
2
3
7
121 13
TOTAL
A QV,44ePTO LOCAL
MATCH
Notes:
1. Local match spent in each quarter, must be in the appropriate proportion to LACIVITA 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
• 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 Date
Name Title
Rev: 12.23.14 5 FA Prop C Attachment C-1 Quarterly Report
Los Angeles Metropolitan Transportation Authority
2019 Federal Transportation Improvement Program ($000Til fC9 )
�77711
Pmject De%cription: F'-ReMone Blvd Street Improvements SCAG RTP PrWct IAL04
Study'NIA Is � udel, YES Model #:
�nslalllabora of raised landscaped medurnis, torrabilitalmr, of existing pavement and re -striping of roadway from 4 to 6 travel lanes PM: Ed Norris - (5621904-7109
Email: enorris@downeyca-org
LS: N LS GROUP#:
Conformity Category: NON-EXEMPT
System :Local Hwy Route Postmile: Distance: Phase: Engineering/Plans, Specifications and Estimates (PS&E) Completion Date 0813112019
Lane # Exid 4 Lane # Prop: 6
Imery Desc: Safety enhancements within existing right-of-way
Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT - 10104/2016
on a 0.6 mile section of Firestone Blvd, Installing raised
Toll Rate: Toll Colo Lee:
Concrete ppoClaTM6eM*hrAponfiguRi Lzp@b!anes,
Uza: Los Angeles -Long Sub -Area:
Sub -Region:
storlaquistrilifinq
Beach -Santa Ana
CTIPS ID: EA
PPNO:
Program Code. NCR30 - SAFETY
IMPROVEMENTS Stop Loc:
PI IASE PRIOR 18/19
19/20 20/21 21/22 22/23
23124 BEYOND PROG TOTAL
PE
RIN
CON
SUST07Ai-
CITY - City Funds
PE $11%,
$150
RW $o
l $0
CON
$0
,sUBTOTAl1r 5150
1
$150
Highway Saftey Improvement Program
HE $o
so
RW $0
$0
CON $380
$380
SUISTOT& $360
5380
MR20H - Measure R 20% Highway
PC, Kik
$tJ
RIA' $0
$0
CON $143
$c43
SURT07AL $143
$143
PC25 - 2016 Earmark Repurposing
PEI
=20
RW $0
StY
CON $980
SUBTOTAL $1,000
$*'000
41
TOTAL PE: $170
TOTAL RW: $0 TOTAL CON: $1,503
General Comment: Project is in the final design phase
Mdeling Comment: Installation of raised landscaped medians, rehabilitation of existing pavement and re -striping of roadway from 4 to 6 travel lanes
TCM Comment:
Narrative: PROJECT CHANGES (FROM PREVIOUS VERSION): CITY - City Funds
11- Add funds in FY 17/18 in PE for $150
MR20H - Measure R 20% Highway
® Add funds in FY 17/18 in CON for $143
PC25 - 2016 Earmark Repurposing
� Add Funds in FY 17/16 in RE for $20 CON for $980
Highway Saftey Improvement Program
® Add funds in FY 17/18 in CON for $380
Total prcvecP cost $1,673
Change reason:New Project
Total Cost $1,673
Page 1 Friday, March 22, 2019
LARE1705
A Pr A
ATTACHMENT F
6 W
U�I W
gel
I Z91IME, YA
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
credit. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are
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 will
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 all
allocations of Funds to Project Costs or Project Components and any Private Use of such
Pro;ect Costs or Pro;ect Comyonents in sufficient detail to comIg
witl� Section 141 of ihe 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