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CONTRACT 6495 OtherFTIP #: LA9918809 Subregion ID: South Bay Agreement No. 6495 Project#: MM4602.02/E1714 FA# 920000000OM460202 MEASURE M MULTI -YEAR SUBREGIONAL PROGRAM AND EARMARK EXCHANGE FUNDING AGREEMENT This Funding Agreement ("FA") is made and entered into effective as of August 9, 2021 ("Effective Date"), and is by and between the Los Angeles County Metropolitan Transportation Authority C' ACMTA") and City of El Segundo ("GRANTEE") for El 'Segundo Boulevard (the "Project"), LACMTA Project ID# MM4602.02, 2016 Federal Transportation Earmark Exchange Program Project ID# E1714, and FTIP# LA9918809. This Project is eligible for funding under Line 66 of the Measure M Expenditure Plan. WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan., on June 23, 2016 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 8, 2016 as "Measure M" and became effective on July 1, 2017. WHEREAS, the funding set forth herein is intended to fund Project Development, Project Approval/Environmental Document (PAED), Plans, Specifications and Estimates (PS&E), and Construction phases of the Project. WHEREAS, the LACMTA Board, at its September 27, 2019 meeting, programmed $4,050,000, in Measure M Funds to GRANTEE for PAED, PS&E, and Construction, subject to the terms and conditions contained in this FA; and WHEREAS, under the LACMTA Federal Transportation Earmark Exchange Program, GRANTEE exchanged federal transportation earmarks with LACMTA. Under the LACMTA Federal Transportation Earmark Exchange Program, GRANTEE is entitled to 97% of the federal transportation earmark value; and WHEREAS, under the LACMTA, Federal Transportation Earmark Exchange Program. approved by the LACMTA Board of Directors on May 18, 2016, Grantee exchanged $810,863 in federal transportation earmark funds for $786,537 in Proposition C 25% for use on the Project. GRANTEE shall pay LACMTA a three percent (3%) processing and administrative fee ("the Processing Fee") in connection with the exchange contemplated by this amendment. The processing fee shall be assessed against the total amount of LACMTA Funds payable to GRANTEE. GRANTEE hereby authorizes LACMTA to deduct the Processing Fee from the amount LACMTA is to pay GRANTEE hereunder; and WHEREAS, a Letter of No Prejudice (LONP) was issued for the Project on November 13, 2019 allowing the GRANTEE to spend its local funds in the amount up to $465,000 for the PS&E phase of the Project. WHEREAS, the Project Funds are currently programmed as follows: Measure M funds: $465,000 in Fiscal Years (FY) 2020-21; and $3,585,000 FY 2021-22. Federal Transportation Earmark Exchange Program funds: $786,537 in FY 2020-21. Rev. 06.01.2021 1 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay Project#: MM4602.02/E1714 FA# 9200000000M460202 The total designated Project Funds for PAED, PS&E, and Construction of the Project is $4,836,537. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I — Specific Terms of the FA 2. Part II — General Terms of the FA 3. Attachment A — Project Funding 4. Attachment B — Expenditure Plan- Cost & Cash Flow Budget 5. Attahrnenj� C — Scope of Work 6. Attachment D — Project Reporting and Expenditure Guidelines 7. Attachment D-1—intentionally omitted 8. Attachment D-2 — Quarterly Progress/Expenditure Report 9. Attachment E — Federal Transportation Improvement Program (FTIP) Sheet 10. Attachment F — Bond Requirements 11. 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 Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA. Rev. 06.01.2021 2 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay Project#: MM4602.02/E1714 FA# 920000000OM460202 IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGEIN COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: no APPROVED AS TO FORM: DAWYN R. HARRISON Acting County Counsel By: De.a GRANTEE: City of El S redo By: Darrell George City Manager APPROVED AS TO FORM: Date:.� ` , Date: 1` Date: ! 0 -11Zi By: 4171- Date: Mark Hensley City Attorney Rev. 06.01.2021 3 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay PART I SPECIFIC TERMS OF THE FA Project#: MM4602.02/E1714 FA# 920000000OM460202 1. Title of the Project (the "Project"): El Segundo Boulevard— Project Approval/Environmental Document (PAED), Plans, Specifications and Estimates (PS&E), and Construction of the Project. LACMTA Project ID# MM4602.02, 2016 Federal Transportation Earmark Exchange Program Project ID# E1714, FTIP# LA9918809. Grant Funds: 2.1 Programmed Funds for this Project consist of the following: Measure M funds and Proposition C 25 % funds. The Measure M and the Proposition C 25 % funds together are referred to as the "the Funds". 2.2 To the extent the Measure M funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $4,050,000 for the Project. LACMTA Board of Directors' action of September 27, 2019 granted the Measure M funds for the Project. The Measure M funds are programmed over two years in Fiscal Year (FY) 2020-21, and FY 2021-22. 2.3 Under the LACMTA Federal Transportation Earmark Exchange Program, GRANTEE exchanged federal transportation earmarks with LACMTA. 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 $786,537 for the Project in accordance with the terms of this FA. The Proposition C 25 % funds are programmed over one year, in FY 2020-21. 3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report. GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work. 4. Attachment A the "Project Funding" documents all sources of funds programmed for the Project as approved by LACMTA. 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 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan Rev. 06.01.2021 4 Measure M MSP/Earmark Exchange PC25% Funding Agreement FTIP #: LA9918809 Subregion ID: South Bay Agreement No. 6495 Project#: MM4602.02/E1714 FA# 920000000OM460202 annually, no later than December 31, and such update shall be submitted to LACMTA's Senior Executive Officer managing the Measure M Multi -Year Subregional Program in writing. If the LACMTA's Senior Executive Officer managing the Measure M Multi -Year Subregional Program concurs with such updated Expenditure Plan in writing, Attachment B shall be replaced with the new Attachment B setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B as revised from time to time. 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 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, if the Project is a capital project. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or 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 the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes and can show documentation acceptable to LACMTA supporting GRANTEE's ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure Report. 7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties. 8. Attachment D is the "Project Reporting & Expenditure Guidelines". GRANTEE shall complete the "Quarterly Progress/Expenditure Report". The Quarterly Progress/Expenditure Report is attached to this FA as Attachment D-2 in accordance with Attachment D — Project Reporting and Expenditure Guidelines. 9. Attachment E, the "FTIP PROJECT SHEET (PDF)", is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section at http;4Jprogramjnetro,net. All projects that receive funding through Measure M 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 ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than Rev. 06.01.2021 5 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.02/E1714 Subregion ID: South Bay FA# 9200000000M460202 October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed. 10. 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 (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, as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such Bonds' tax status. 11. GRANTEE shall comply with the "Special Grant Conditions" attached as Attachment G, if any. 12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or non- material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non -material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule. 13. LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, Mail Stop: 99-23-3 Los Angeles, CA 90012 Attention: Annie Chou LACMTA Project Manager Phone: (213) 418.3453 Email: chouaametro.net 14. GRANTEE's Address: City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Cheryl Ebert P.E. Phone: 310.524.2321 Email: ceerta elsaundo.org Rev. 06.01.2021 6 Measure M MSP/Earmark Exchange PC25% Funding Agreement FTIP #: LA9918809 Subregion ID: South Bay PART II GENERAL TERMS OIL IWA. TERM Agreement No. 6495 Project#: MM4602.02/E1714 FA# 9200000000M460202 The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing. 2. SUSPENSION OR TERMINATION Should LACMTA determine there are insufficient Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or terminate the construction contractor's control over the Project. LACMTA's share of these costs will be consistent with the established funding percentages outlined in this F.A. Unless otherwise stated in this FA, the Quarterly Progress/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 Quarterly Progress/Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below. Submit invoice with supporting documentation to: ACC )-LWPAYAB RO.NET referable or mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 All invoice material must contain the followin information: Re: LACMTA Project ID# MM4602.02/E1714/ and FA# 9200000000M460202 Annie Chou; Mail Stop 99-23-3 Rev. 06.01.2021 7 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay 4. USE OF FUNDS Project#: MM4602.02/E1714 FA# 920000000OM460202 4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines, the specifications for use for the transportation purposes described in the Ordinance, the Guidelines and the Multi -Year Subregional Programs Administrative Procedures. 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 F.A. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel. 4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE's contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay "in-house" staff time. 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 GRANTEE'S employee, officers, councilmembers, board member, agents, or consultants (a "GRANTEE Party") are prohibited from participating in the selection, award, or administration of a third -party contract or sub -agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party's immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on -going Project monitoring and through any LACMTA interim and final audits. 4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio. 4.7 If the Project requires the implementation of an Intelligent Transportation Systems ("ITS") project, GRANTEE shall ensure the Project is consistent with Rev. 06.01.2021 8 Measure M MSP/Earmark Exchange PC25% Funding Agreement FTIP #: LA9918809 Subregion ID: South Bay Agreement No. 6495 Project#: MM4602.02/E1714 FA# 920000000OM460202 the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Architecture (CONNECT -IT) Consistency Self -Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT -IT Service Packages. 4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www,irietro.net for staff listing) in the planning„ design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy, For the parking policy, see i tt : rnedia.metro.net r `ects studies call ro' cts ima es 0 %20A endix%20D% 2_0Pa rkin 0/o20Polic . df 5. REIMBURSEMENT OF FINDS The Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/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 register in LACMTA's iSupplier portal andsubmit an application before, grant payments can be made. The link to the portal can be found at hqp:llmedia.iiiet.ro.iletluploads/E BVendor Portal. Ike istration GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter's payment. 6. REPORTING AND AHDIll' RE UIREMENTS PA` MMENTAD USTMENTS 6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-21 within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre -approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre -approved Quarterly Progress/Expenditure Report no later than five (5) days 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 Quarterly Progress/Expenditu.re Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact 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 Quarterly Progress/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. Expenses that are not invoiced to LACMTA Accounts Payable Rev. 06.01.2021 9 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay Project#: MM4602.02/E1714 FA# 920000000OM460202 within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement. 6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year. 6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre - award audits, performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review). GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE's own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE's contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE's Quarterly Progress/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 audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE. 6.4 GRANTEE's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records"). 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 LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed. 6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. Rev. 06.01.2021 10 Measure M MSP/Earmark Exchange PC25% Funding Agreement FTIP #: LA9918809 Subregion ID: South Bay Agreement No. 6495 Project#: MM4602.02/E1714 FA# 920000000OM460202 6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE's records 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. 6.7 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 F.A. 6.8 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. 6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance, the Guidelines and the Multi -Year Subregional Programs Administrative Procedures. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance, the Guidelines and the Multi -Year Subregional Programs Administrative Procedures. 6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA. 6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this F.A. 6.12 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 II, Section 6. 7. GRANT This is a one-time only grant of the Measure M funds and Proposition C 25 % 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.. Rev. 06.01.2021 11 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.02/E1714 Subregion ID: South Bay FA# 9200000000M460202 8. SOURCES AND DISPOSITION OF FUNDS 8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure M Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA. 8.2 GRANTEE shall fully fund and contribute the GRANTEE Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment Aare 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 I, Section 2 of this FA subject to the terms and conditions contained herein. Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE's own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA. 8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. 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 within the subregion in accordance with the Ordinance, the Guidelines and the Multi -Year Subregional Programs Administrative Procedures. 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. TIMELY USE OF FUNDS REPROGRAMMING OF FUNDS 9.1 GRANTEE must demonstrate timely use of the Funds by: Rev. 06.01.2021 12 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.02/E1714 Subregion ID: South Bay FA# 920000000OM460202 (i) Execrating this FA within ninety (90) days of receiving formal transmittal of the FA from 1ACMTA,, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) Beginning Project Design, Preliminary Engineering -(PE) within six (6) months from completion of environmental clearance, if appropriate. (iii) Executing Contracts for Construction or Capital purchase within. twelve (12) months from the date of completion of design; and (iv) 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 of this FA; and (v) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and (vi) Expending the Measure M funds granted under this FA for allowable costs within three years or 36 months fr-om July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. Measure M funds programmed for FY 2020-21 are subject to lapse by June 30, 2023. Measure M funds programmed for FY 2021-22 are subject to lapse by June 30, 2024. (vii) Expending the Proposition C 2°f funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. Proposition C 25% funds programmed for FY 2020-21 are subject to lapse by June 30, 2023. 9.2 In the event that the timely use of the Funds is not demonstrated as described in Part 11, Section 9.1 of this FA, the Project will be reevaluated by LACMTA as part o; its Annual Update process and the Funds rnay be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Measure M Ordinance, the Guidelines and the Multi -Year Subregional Programs Administrative Procedures. In the event that all the Funds are reprogrammed, this FA shall automatically terminate. 10. DEFAULT, A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provided herein. 11. REMEDIES Rev. 06.01.2021 13 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.02/E1714 Subregion ID: South Bay FA# 920000000OM460202 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 have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 12. COMMUNICATIONS 12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Recipient Communications Guidelines" available online at htW:,I/metro.net/,oartners-civi,c. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications 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" is found in the Funding Recipient Communications Guidelines. 12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock -up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines. 12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE's compliance with the terms and conditions of this Section. GRANTEE's failure to Rev. 06.01.2021 14 Measure M MSP/Earmark Exchange PC25% Funding Agreement FTIP #: LA9918809 Subregion ID: South Bay Agreement No. 6495 Project#: MM4602.02/E1714 FA# 920000000OM460202 comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 13. OTHER TERMS AND CONDITIONS 13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. 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 proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. 13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable 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, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA. 13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented Rev. 06.01.2021 15 Measure M MSP/Earmark Exchange PC25% Funding Agreement Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.02/E1714 Subregion ID: South Bay FA# 9200000000M460202 or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature 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 ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto. 13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts. 13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable. 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 GRANTEE will advise LACMTA prior to any key Project staffing changes. Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address or contact person. 13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. Rev. 06.01.2021 16 Measure M MSP/Earmark Exchange PC25% Funding Agreement ATTACHMENT A -PROJECT FUNDING Measure M MSP-TrmnporWion System and Mobilily Irnllrovements Program -Funding Agreement Projects - FA# 9200000000M460202 Project Title: El Segundo Boulevard Improvement Project Project#: E1714/MM4602.02 PROGRAMMED BUDGET - SOURCES OF FUNDS SOURCES OF FUNDS Prior Years FY2019-20 FY 2020.21 FY2021-22 FY2022-23 Tom Budget % of Budget LACMTA PROGRAMMED FUNDING MEASURE M MSP FUNDS S 465,000 S 3,585,000 $ 4,050,000 557.' 2016 FEDERAL EARMARK EXCHANGE S l86,53T.(1U $ 78b,S31.11t1 11% SUM PROG LACMTA FUNDS S - S $ 465,000 S 4,371,537 $ - $ 4,836,537 65% OTHER NON LACMTA FUNDING: LOCAL: 0% Local Return (Prop C) $ 39,890 S 1,000,000 $ 1,039,890 14% Local Return Measure M ( ) $ 1 ,524,573 S 1,524,573 21% STATE: 5 0% ED L: �. $ 0% IPRIV—ATE OR OTHER:... S 0�...'. SUM NON-LACMTA FUNDS $ S $ 39,890 $ 2,524,573.00 S S 2,564,463.00 35% TOTAL PROJECT FUNDS S S S 504,890 1 $ 6,896,110.00 S $ 7,401,000.00 100% Use Actual SS$ Measure M Funding Agreement - MSP Attachment A - Project Funding 03.01.19 D (D (D 3 (D z 0 rn to Cn ATTACHMENT B -EXPENDITURE PLAN COST &CASH FLOW BUDGET Agreement No. 6495 Measure M MSP -Transportation System and r0obdity Improvements Program - Funding Agreement Projects - FAN 9200000000M460202 Project Title: El Segundo Boulevard Improvement Project Projecthl: E1714/ MM4602.02 PROGRAMMED SOURCES OF FUNDS SOURCES OF FUNDS LACMTA PR FY 2020.21 tr 1 FY 2020.21 tr 2 FY 2020-21 Qlr3 FY 2021.21 .. Qtr4 FY 2021.22 QtrI FY 2021.22 � FY2021-22 Qlr3 FY 2021-22 r4 TOTAL BUDGET MEASURE M MSP FUNDS. Plannin Activities Pro Dcv SO Environmmntal 50 V)vsignand PS&E $465,000 $465,000 Ra ihlq Wa " ituc!' 7rL5Il4UYp Construction $500.,000 50 $500,000 Vehice Purchase 5d Others Total Measure M SO LACM'TA: 2016 Federal armar c ange _ -„_ Sb $0 5445,000 SO 1 $0 SO $500,000 50 5965,000 I"lannian, ctr aio«'..'rvu0. 'I 519 F.nvironntental _ 50 Design and PS&F Right-of-WayAc uisilion construction 77777177 So 5a 50 IVehide Purchase 5b 'others Tot Earmar Ex an e SO f0 $0 50 fo $0 d fd...... f0 Sd '...... S PRO A : OTHER N N' . CM I A -FUNDING:. . LOCAL: Pro C (Local Re PlaniiingAclivitieslftog Dev Environmental So f0 f0 S25.000 514.890 f445,dOd tl f0 to $500,000 $965,000 $25.000 $14,890 ' Design and PS&E S0 Ri h[-oFWay Ac uisinon L..... '.., so Construction 5250.000 S250,000 VClnde PIITChasC Others Stl...'.. 50 LOCAL: Measure M (locaReturn! Planning Acuities/Prog Dev . So Envirowneutal Dvs4 nrarnlPS&E li fd 50 Ri ghl-of-WayAc uisilion s,0 Construction S500,000 $500,000 Vehicle Purchase Others I SO 5d Tot.AT ATE: SO $b f39,890 f0 SO SO f0 S750,000 $789,890 'Planning Activities/Pros Der 5d Environmental So l7'eai'.n'and Ps&,,V.� flu rtof•W-my Atn uY''aill;n So SO '.. 'Conslrlcliou '.velude Purchase 0 $0 Others M STATE, -.. C. A . " PROJECT FUNDING FY2JE 1 and FY2021 02-22 «. 50 f0 SO $0 f0 so fo $39,890 $39.890 $0 $O $465,000 so f0 So $0 Sit ' ftl '.. f0 SO f0.. fd fd S0 f750,000 f1,250,000 f789,890 '... f1,754,890 Measure M Funding Agreement- MSP 09.10.19 1 of 2 Attachment B -Expenditure Plan ATTACHMENTB- EXPENDITUREPLANCOST&CASHFLOWBUDGETAgreement NO. 6495 Measure M MSP - TransPortatian Syst. trt and Mobility Improvetnents Program - Funding Agreement Projects - FAR 9200000000M460202 Project Title: E@ Segundo Boulevard Improvement Project ProjectR: E1714/ MM4602.02 PROGRAMMED SOURCES OF FUNDS PY 2022-23 FY 2022r 23 FY 2022-23 1 FY 2022.23 FY 2023-24 FY 2023.24 FY 2023.24 FY 2023-24 TOTAL BUDGFr SOURCES OF FUNDS tr 1 tr 2 w � Qtr3 tr4 tr1 tr2 I. Qtr3 h4 IAC P O U—ND B: X MEASURE M MSP FUNDS: Planning Activities/Prog Dev So Enirotmhrnlal So Design and P5&E So Ri. itl-oGWavAcquisition So Coostmction S2.000.000 '.. S1,085.000 $3,085,000 Vehicle Purchase S0 OU lets --- 50 To M SURE M 32.0d0.000 ... '. 51,085,000 _... f0�,,,,.._... SO Sd Sd 50 30 .......... S3.085,000 LOCA • 2016 Federal armazk Exchwige Planning Activities/ProgDev So Environmental So Design and PS&E ........ 5o Right•otlVa•Ac uisWon SO Construction 8786,537.00 1 $786,537 Vehide Purchase 50 Others S0.00 '.. $0.00 50.00 Stl.W ftl.00 $0.00 So S786,537 To Earmar as a S786,537.00 1 Sd.Y'i0 .00 �1,085,000.00 50.00 O.W .... Stl.oO 0.00 'd.00 $0.00 f3,871,5372,786,537 .,. MER A69 WMAMFURUINWC�— LOCAL- Prop C (focal return] Planning ActihitieslProg Dev so Environmental ''.. SD 'IDesi nand PS&E So ''Riehtaf-WavAee::uaoadadrtr, $o Consinicoon S500„000 $250.000 5750,000 '..... Vebide Purchase 50 .......Others I So • LOCA Meas M (oca retarn) Planning Activities!Pro Dec So Environmental S0 !Design and PS&E so Right -of --Way Acquisition 50 Construction $500,000 S300.000 $224.V3 $1,024 573 Vehide Purchase So Others _. -.- - _Sd 5tl :mo o 51,000,000 5550,000 -_... 5224,573 SO '..: SO 50. _ww—. SO ------- 1,77i,573 STATE: ,Planning Activities/Prot Dev So (Environmental So Design and PS&E SO Right -of -Way Acquisition So construclion 5o Vehicle Purchase So ()T1, ers �.. So To STATE... f0 SO So.. YO so so So SO 0 S M ON- (CM A S : f1.00i1.000 f550,000 f224.573 1 f0 SO f0 f0 f0 $1,774,573 PROJECT FUNDING' S4rv786^53 f2,170,000 So SO So SO f0 SO $5,646,110 FY2022-23 and FY2023-24 TOTAL LACMTAFUNDS S2.,786s537 J S1,085,000 So $465.000 $0 f0 f0 S500,000 $4.836,537 TOTALNON-LACMTA FUNDS $1,000,000 SS50,000 S264,463 SO SO $0 f0 5750,000 S2.564,463 TOTAL PROJECT FUNDING f3.,786 537 ''�. $1,635,000 ':. 5264.463 f465.000 SO fo $0 51,250,000 $7,401,000 Measure M Funding Agreement - MSP 09,.10,19 2 of 2 Attachment B - Expenditure Plan Agreement No. 6495 FTIP #: LA9918809 Project#: MM4602.03 Subregion ID: South Bay Funding Agreement#: 9200000000M460202 ATTACHMENT C SCOPE OF WORK CAPITAL PROJECT PROJECT NAME: El Segundo Boulevard Improvement Project PROJECT LOCATION/LIMITS/AREA: The project is located along El Segundo Boulevard in the City of El Segundo, between Illinois Street and Isis Avenue. PROJECT DESCRIPTION INCLUDING MULTI -YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS: The purpose of this project is to promote complete street and improve mobility & accessibility by adding bike lanes and upgrading pedestrian infrastructure/ADA improvements between transit stops (Metro station and bus stations,) to promote sub - regional mobility and to support job creation & retention by improving transportation options and first/last mile connections to transits located on Metro's Countywide Strategic Arterial Network (CSAN) and nearby major employment areas, to support local land use and environmental policies and to improve environmental quality by reducing vehicle travels and greenhouse gas emission, and to improve public health and quality of life by promoting biking and walking. El Segundo Boulevard is a major arterial east/ west six -lane divided arterial from Isis Avenue to Pacific Coast Highway and a four -lane divided arterial from Pacific Coast Highway to Illinois Street. The corridor is mixed with commercial developments and aerospace campuses. The roadway has a varying width from 52-feet curb to curb on the westerly end of the project to 106-feet at the easterly end of the project limits. The existing pavement shows widespread signs of deterioration throughout the corridor with an average pavement condition index between 0-40 which constitutes a need for rehabilitation and/ or reconstruction. Existing conditions on El Segundo Boulevard are missing ADA compliant curb ramps, larger traffic signal poles, dedicated bicycle facilities including bicycle detection, and adequate pedestrian crossings. These deficiencies and the high volume of vehicles during peak hours create adverse conditions for cyclists and pedestrians crossing the street. The El Segundo Police Department also revealed several rear end and broadside collision along El Segundo Blvd which indicates that the traffic signal equipment and pedestrian striped crossings may be substandard. Data also collected between 2012 through 2017, and it shows that the project corridor has had 40 reported collisions and 9 involving pedestrians and cyclists. The project promotes and increases bicycle ridership while creating a streamline connection to Metro's Green Line Station at Nash Street and El Segundo Boulevard. In addition, the City of El Segundo was involved in a study to address the safety, environmental and connectivity issues within the South Bay Cities. Through extensive 03.01.19 1 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay Project#: MM4602.03 Funding Agreement#: 9200000000M460202 public outreach and bicycle counts El Segundo Blvd, between Pacific Coast Highway to Isis Avenue, was identified as a Class I and Class II bicycle facility. Adding bike lanes along El Segundo Blvd will help define road space for bikes and for cars, promoting a healthy community and more orderly flow of traffic. SCOPE: This project will address critical resurfacing needs along El Segundo Boulevard to provide a smoother roadway surface and improving driving conditions. Although, the project limits extend to Illinois Street, the pavement rehabilitation will begin at Pacific Coast Highway and extend to Isis Avenue. The pavement rehabilitation scope will be covered under local funds listed above. The project will not only rehabilitate the existing pavement, but also provide critical pedestrian accessibility improvements. The project will upgrade accessibility by installing curb ramps on El Segundo Boulevard at the intersections of Illinois Street, Continental Boulevard, Nash Street, Douglas Street, and Aviation Boulevard. Accessibility upgrades will be made on Nash Street by installing curb ramps at the intersections with Grand Avenue, Mariposa Avenue, Maple Avenue, Atwood Way, and Imperial Highway. The project will improve safety and efficiency by installing approximately 10,000 linear feet of bike lanes on El Segundo Boulevard as follows: Cycle Track —1,020 lineal feet — the cycle track connects to an existing bike path that is 930 lineal feet. • Class II — 6,300 lineal feet • Class III — 2,600 lineal feet This project will also enhance bicycle circulation by installing shared Class III bike lane marking and dedicated Class II bike lane striping at the following locations: On Douglas Street between Rosecrans Avenue and Imperial Highway (recommended to be a Class II in the SBBMP) o Class II—17,500 lineal feet o Class III — 3,650 lineal feet • On Nash Street between El Segundo Boulevard and Imperial Highway (recommended to be a Class III in the SBBMP) o Class II — 3,650 lineal feet o Class III — 6,750 lineal feet 03.01.19 2 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay Project#: MM4602.03 Funding Agreement#: 9200000000M460202 On Continental Blvd between El Segundo Boulevard and Grand Avenue (no mention in the SBBMP) o Class III — 2,050 lineal feet Traffic signal improvements include removing median mounted traffic signal poles, and installing pedestrian countdown signal heads along El Segundo Boulevard at the intersections of Illinois St, Continental Blvd, Nash St, Douglas St, and Isis Ave. The project will install bicycle detection at each intersection, install larger traffic signal poles to account for longer mast arms, install pedestrian push buttons, remove median mounted traffic signal pole at Douglas Street intersection, install video detections, and install pedestrian countdown signal heads. Landscaping in the median along El Segundo Boulevard between PCH and Isis Avenue will also be removed and replaced with drought -resistant plants. 03.01.19 3 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay PROJECT FUNDING: Project#: MM4602.03 Funding Agreement#: 920000000OM460202 LACMTA - MEASURE M LOCAL AGENCY PHASE FUNDS IFANY OTHER TOTAL PA/ED $5,000 $0 $0 $5,000 PS and E $460,000 $39890 $0 $499,890 R/W Support $o O $0 $0 R/W Ca ital $0 $0 $0 1 $0 Construction $0 Support $645,000 $0 $645,000 Construction CapitalCapitaL $2,940,000 $2,524,573 $786,537* $6,251,110 TOTAL BUDGET COST $4,050,000 $2,564,463 $786 537 _ $71401 000 * 2016 Federal Earmark Funding ESTIMATED PROJECT COSTS: ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST Mobilization, Traffic Control, Stormwater Pollution 1 LS $720,000 $720,000 Control, Clearing & Grubbin ,etc. Remove existing AC or concrete facilities, adjust / 1 LS $3,100,000 $3,100,000 relocate utilities associated with AC pavement, cold mill, miscellaneous base, AC. CITY LOCAL FUNDS TO BE USED Curb ramps and ADA sidewalk im rovements El Segundo Blvd / Illinois St intersection 2 EA $8,000 $16,000 El Segundo Blvd / Continental Blvd intersection 2 EA $8,000 $16,000 El Segundo Blvd / Nash St intersection 1 EA $81000 $8,000 El Segundo Blvd / Douglas St intersection 3 EA $8,000 $24,000 EI Se undo Blvd / Aviation Blvd intersection 4 EA $8,000 $32,000 El Segundo Blvd / Isis Ave intersection 1 EA $8,000 $8,000 Associated concrete work (cross gutters, curb 1 LS $300,000 $300,000 drains, curbs, curb and gutter, etc. throughout ro ect Bike Lane Im rovements Microsurfacin LJP2oyuq11as St 740,000 SF $0.80 $592,000 Concrete C cle Track colored 5,000 SF $20 $100,000 Catch Basin, Curb O enin s 2 EA $20,000 1 $40,000 Signing and Stri in entire ro'ect 1 LS $300,000 $300,000 Traffic Signal Im rovements Reset Loop Detectors - El Se undo Blvd / PCH 1 LS $15,,000 $15,000 El Segundo Blvd / Illinois St intersection 1 LS $70,000 $70,000 EI Se undo Blvd /Continental Blvd intersection 1 LS $85,000 $85,000 EI Se undo Blvd /Nash St intersection 1 LS $120.000 $120,000 El Se undo Blvd / Douglas St intersection 1 LS $200,000 $200,000 EI Se undo Blvd /Aviation Blvd intersection 1 LS $60,000 $60,000 Landscape Improvements 1 LS $700,000 $700,000 Conti n enc 1 LS $968,047 $250,000 Desi n Su ort Durin Construction 1 LS $645,000 $645,000 03.01.19 4 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FTIP #: I.A9918809 Subregion ID: South Bay 03.01.19 Project#: MM4602.03 Funding Agreement#: 9200000000M460202 GRAND TOTAL ' $7,401,000 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FTIP #: LA9918809 Subregion ID: South Bay PROJECT DETAILED SCHEDULE: Project#: MM4602.03 Funding Agreement#: 920000000OM460202 Milestones Begin End Duration months DESIGN MILESTONES Solicitation for Desi n Phase Bid/Pro osal 12/3/2019 3/4/2020 3 months Preliminpesi n 3/4/2020 6/31/2020 4 months PANED N/A N/A N/A PS&E 60% PS&E 07/2020 12/2020 6 months 90% PS&E 01/2021 5/2021 5 months 100% PS&E Submittals and Reviews 6) 6/2021 1/2022 1/2022 6/2022 6 months 6 months CONSTRUCTION MILESTONES Phase Bid/Pro osal Solicitation for Construction i 9/ 2022 11/2022 2 months Contract Award 12/2022 12/2022 2 months FuIN Executed Contract General Construction /Close Out Project 01/2023 2/2023 01/2023 1 10/2023 1 month 8 months (1) The City is pending County approval on traffic signal plans. 03.01.19 6 Measure M Funding Agreement - MSP Attachment C - Scope of Work FTIP #: LA9918809 Subregion ID: South Bay PROJECT MAP: CITY OF LOS ANGELES LOS ANGELES INTEFNAMONALAIRPORT rn MAPLE AVE OCAMPUS OR CITY OF EL SEGUNDO s MaRIPOSA m t� GRAND AVE o Z rr Z Yh coo) 77 EL SEGUNDO '%"BLvc PROJECT N O U Q U U LL CJ Q a O U PL PP ROSECRANS AVE CITY OF MANHATTAN BEACH 201 N. Calle Cesar Chavez Suite 300 ENGINEERS INC Santa Barbara, CA93103 ENGINEERING I SURVEYING Phone: 805-692-6921 CONSTRUCTION MANAGEMENT WWW.mnsengineers.com Agreement No. 6495 Project#: MM4602.03 Funding Agreement#: 920000000OM460202 e � m W W II U P IMPERIAL HIGHWAY g LOS ANGELES COUNTY (UNINCORPORATED) LGSANGESAIR W FORCE EAEASE h N� Il UTAH AVE I CITY OF HAWTHORNE ALASKA AVE, CITY OF EL SEGUNDO EL SEGUNDO BOULEVARD IMPROVEMENTS PROJECT VICINITY MAP 1500' 0' 1500' SCALE: 1"= 1500' 03.01.19 7 Measure M Funding Agreement - MSP Attachment C - Scope of Work Agreement No. 6495 FA ATTACHMENT D PROJECT REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES Quarterly Progress/Expenditure Report (Attachment D2) are 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 the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager's acceptance of the draft report, at ACCOUNTSPAYABLE METRO.NET or by mail to Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. 0. Box 512296, Los Angeles, California 900S1-0296. 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 provides 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. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. GRANTEE is required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. • The draft Quarterly Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year: Quarter July —September October - December January - March April -June Report Due Date November 30 February 28 May31 August 31 LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt. 12.06.19 Measure M Funding Agreement—MSP Attachment D —Reporting Guidelines Agreement No. 6495 Upon completion of the Project a final report that includes projects final evaluation must be submitted. EXPENDITURE GUIDELINES Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not be reimbursed by the LACMTA unless Priorwritten authorization has been granted by the LACMTA Chief Executive Officer or his/her designee. a Any expense charged to the grant must be clearly and directly related to the 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 Q. 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. DEFINITIONS 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. 12.06.19 2 Measure M Funding Agreement —MSP Attachment D —Reporting Guidelines Agreement No. 6495 LACMTA FA MEASURE M ATTACHMENT D-2 QUARTERLY PROGRESS/EXPENDITURE REPORT GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO BLE or submit by mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, California 90051-0296 Please note that letters or other forms of documentation may ng-t be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information. SECTIONQUARTERLY EXPENSE REPORT Ell, 0-124 Invoice # Invoice Date FA# 920000000OM460202 Quarterly Report # Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Measure M EARI�iAfiiC EXCHANGE OTHER FUNDS $ TOTAL; MSP Grant $ GRANT $ Project Quarter Expenditure This Quarter Expenditure $ - $ - $ - $ - Retention Amount (5%) - Net Invoice Amount (Less $ _ $ _ $ _ $ Retention) Project -to -Date Expenditure Funds Expended to Date (Include this Quarter) (Total Project Budget $ 4,050,000.00 $ 786,537.00 $ 2,564,463.00 $ 7,401,000.00 % of Project Budget Expended to Date Balance Remaining $ 4,050,000.00 $ 786,537.00 $ 2,564,463.00 $ 7,401,000.00 Measure M Funding Agreement - MSP 12.06.19 1 Attachment D-2 Quarterly Progress/Expenditure Report Agreement No. 6495 SECTION 2:,GENERAL 'INFORMATION - • Segundo Boulevard FA # 920000000OM460202 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: F-12019-20 ❑ 2022-23 Quarter: [-]Q1: Jul - Sep F-IQ3: Jan - Mar DATE SUBMITTED: 2020-21 ❑ 2023-24 F_]Q2: Oct - Dec 7Q4: Apr - Jun ❑ 2021-22 ❑ 2024-25 Measure M Multi -Year Subregional Program Type: Transportation System & Mobility Improvements Program (Line 50) Name: LACMTA Project Manager Phone Number: E-mail: Contact Name: Job Title: Grantee Contact / Project r Manager City / Agency: Mailing Address: Phone Number: E-mail: Annie Chou 213.418.3453 chow.@ n, t Cheryl Ebert P.E. Engineer Public Works City El Segund ) 350 Main Street El Segundo, CA 90245 310.524.2321 ce a ti..@LLEL-and org,, 12.06.19 Measure M Funding Agreement - MSP 2 Attachment D-2 Quarterly Progress/Expenditure Report Agreement No. 6495 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 1N THE 2 No 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 Design Right -of -Way Acquisition Construction Vehicle Purchase Others Ground Breaking Event Ribbon Cutting Event Total Project Duration (Months) PROJECT COMPLETION A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) : F-Jon schedule per original FA schedule Between 12-24 months behind original schedule B. Was the project design started within 6 months of the date originally stated in the FA? Yes ❑ No Not Applicable Less than 12 months behind original schedule More than 24 months behind original schedule C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications? Yes No ❑ Not Applicable Measure M Funding Agreement- MSP 12.06.19 3 Attachment D-2 Quarterly Progress/Expenditure Report Agreement No. 6495 List tasks or milestones accomplished and progress made this quarter. �PROJECT DELAY If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned In previous quarters, please indicate by writing "Same as Previous Quarter". . ACTION ITEMS 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. Measure M Funding Agreement- MSP 12.06.19 4 Attachment D-2 Quarterly Progress/Expenditure Report Agreement No. 6495 SECTIONOF QUARTER All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages If needed. �T—�`.d� �,"' A -� 7 � Y' • }"I� A i '"��'47' � �� y ry 4, ,ww .�.ry. yy, 5'.� ad d""� w'�� r' Xj�l"1w4�N�w ry � 7I S { C �"" tt y 2, - - - 3 - - - 4I - - - 5 - - - 6 - - 7 - - - 6 - - - 10 - - - 12 - - - 13 - - - i Note: All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107. ACH Request Forms can be found at www.metro.net/callforprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. 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 12.06.19 Date Title Measure M Funding Agreement - MSP Attachment D-2 Quarterly Progress/Expenditure Report Agreement No. 6495 System :Local Hwy Route: Poslmile: Distance: Phase: No Project Activity Completion Date 11/15/2026 Lane # Extd: Lane # Prop: Impry Desc: Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT-10/302019 Toll Rate: Toll Colc Lac: Toll Method: Hov acs eg lac: Uza: Los Angeles -Long Sub -Area: Sub -Region: South Bay Cities 0.00 Beech -Santa Ana COG CTIPS ID: EA # PPNO: Pronram Code: NCR25 - BICYCLE 8 PEDESTRAIN FACILITIES -UPGRADE Stop Loc: PHASE PRIOR 20121 21/22 2223 2324 2425 2526 BEYOND PROG TOTAL 2016 Earmark Repurposing PE $0 $o RW s0 s0 CON $786 $786 4 SUBTOTAL $786 $786 CITY° - Ctly Funds PE rM RW so [ $0 CON $2.525 $2.525 SUBTOTAL $2,565 S2,565 h1EA URE M MYSP Mulls Year Subregim a!l Program) PE $41a5 $0 $465 RW s0 $0 $0 CON $0 $3,585 $3,585 SUBTOTAL $465 $3585 S4050 /i // r r� / / / % i,,, /. � ��, i// rill.. /r // / ✓ /(/l,/. / // /�/ lrr/ /, „ arr,,;/,,,,///l/ ,., �✓r ,,,r //� % ir��i ,r ,,,,,,�,rrrr /f , /u,�,,,, /i,,, , .,,,,i��/� .,,,,,,, , //r��% r 1/%l%�✓f��,,,,,.� ,.��r�;.,,, TOTAL PE: $506 TOTAL RW: $0 TOTAL CON: $6,696 TOTAL PROGRAMMED: $7,401 -General Comment: Added Nash Street pavement overlay, to be paid for with City local return Updated project cost intonation - Modeling Comment: -TCM Comment: -Amendment Comment: -CMP Comment: -Narrative: Change reason:MINOR CHANGE Total Project Cost $7,401 Page 1 Friday, October 29, 2021 FTIP #: LA9918809 Subregion ID: South Bay ATTACHMENT F BOND REQUIREMENTS Agreement No. 6495 Project#: MM4602.02/E1714 FA# 9200000000M460202 The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds"). GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes. 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 andwhether 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 Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by 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. 03.01.19 Measure M FA - M S P Attachment F Bond Requirements