CONTRACT 4190 Vender AgreementFTIP #: LAOG727 Project# MR312.22
Interstate 405, 1 -110, 1 -105, and SR -91 Ramp and Funding Agreement #MOU.MR312.22
Interchange Improvements (South Bay)
SOUTH BAY MEASURE R HIGHWAY PROGRAM
FUNDING AGREEMENT
This Funding Agreement ( "FA ") is dated for reference purposes only August 31, 2011,
and is by and between the Los Angeles County Metropolitan Transportation Authority
( "LACMTA ") and City of El Segundo ( "Grantee ") for - LACMTA Project ID# MR 312.22
and FTIP# LAOG727.
WHEREAS, LACMTA adopted Ordinance #08 -01, the Traffic Relief and Rail Expansion
Ordinance, on July 24, 2008 (the "Ordinance "), which Ordinance was approved by the
voters of Los Angeles County on November 4, 2008 as "Measure R" and became
effective on January 2, 2009. Measure R authorizes funding for projects for "Interstate
405, 1 -110, 1 -105, and SR -91 Ramp and Interchange Improvements (South Bay) ";
WHEREAS, the funding set forth is intended to fund DESIGN AND CONSTRUCTION of
the N69 — Maple Avenue Arterial Improvements from Sepulveda Boulevard to Parkview
Avenue (the "Project "). This Project is eligible for funding under Line 33 of the Measure R
Expenditure Plan.
WHEREAS, the LACMTA Board, at its February 24, 2011 meeting, programmed
$2,500,000 in Measure R Funds to City of El Segundo for design and construction of the
Project, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed for $300,000 in design and $2,200,000
in construction of the project as follows: $2,500,000 in Measure R Funds in FY 2011 -12.
The total designated for design and construction of the Project is $2,500,000.
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 Guidelines
Attachment B1 — Expenditure Plan- Cost & Cash Flow Budget
5. Attachment C - Scope of Work
6. Attachment D - Reporting and Expenditure Guidelines
7. Attachment D1 - Monthly Progress Report
8. Attachment D2 — Quarterly Expenditure Report
9. Attachment E - Federal Transportation Improvement Program (FTIP) Sheet
10. Attachment F - Special Grant Conditions
11. Any other attachments or documents referenced in the above documents
r`
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: 09.21.11 1 Interstate 405, 1 -110, 1 -105, and SR -91 Ramp and
Interchange Improvements (South Bay)
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
/4 i
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly
authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
B Y: N� U����� u �� Dater
A� Leah
Chief Execautive- 04icer
APPROVED AS TO FORM:
ANDREA SHERIDAN ORDIN
Coy
GRANTEE.
CITY OF EL SEGUNDO
AO-
Doug Willmore
City Manager
Date. /45, )
Date: t o -
APPROVED AS TO FORM:
By Date:
ark Hensley
City Attorney
ATTEST: 1
C* 5�r. Date:.
I,.',M 6 rtes 6 n
ty Clerk'
Rev: 06.20.11 2 South Bay Measure R Highway Program FA
.,.
PART
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project "): N69 — Maple Avenue Arterial Improvements
from Sepulveda Boulevard to Parkview Avenue — Design, and Construction. LACMTA
Project ID# MR312.22 FTIP# LAOG727.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R
Funds.
2.2 To the extent the Measure R Funds are available; LACMTA shall make to
GRANTEE a grant of the Measure R funds in the amount of $2,500,000 (the
"Fund ") for the Project. LACMTA Board of Directors' action of February 24, 2011
granted the Measure R Funds for the Project. The Funds are programmed over
Fiscal Years (FY) FY 2011 -12.
3. This grant shall be paid on a reimbursement basis. Grantee must provide the
appropriate supporting documentation with the Monthly Progress Report and the
Quarterly Expenditure Report. Grantee Funding Commitment if applicable must be spent
in 1,he appropriate proportion to the Funds with each quarter's expenditures. LACMTA will
withhold ten percent (10 %) of eligible expenditures per invoice as retainage pending an
audit of expenditures and completion of scope of work.
4. Attachment A the "Project Funding" documents all sources of funds programmed
for the Project as approved by LACMTA and is attached as Attachment A. The Project
Funding includes the total programmed funds for the Project, including the Funds
programmed by LACMTA and, if any, the Grantee Funding Commitment of other sources
of funding. The Project Funding also includes the fiscal years in which all the funds for
the Project are programmed. The Funds are subject to adjustment by subsequent
LACMTA Board Action.
5. Attachment B1 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 submit annually to LACMTA no later than December 31St an update to Attachment
131 for review by LACMTA for budget and programming purposes. Acceptance of any
changes to the document will be conveyed by amendment to this FA. GRANTEE shall
update the Expenditure Plan annually, such update shall be submitted to LACMTA's
Executive Director of Highway Program in writing. If the LACMTA's Executive Director of
Highway Program concurs with such updated Expenditure Plan in writing, Attachment 131
shall be replaced with the new Attachment B1 setting forth the latest approved
Expenditure Plan. Payments under this agreement shall be consistent with Attachment
131 as revised from time to time.
Rev: 06.20.11 3 South Bay Measure R Highway Program 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. 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 II, Sections 2, 9, 10 and 11 herein below.
7. No changes to this FA, including but not limited to the Funds; and any other
source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of
Work shall be allowed without an amendment to the original FA, approved and signed by
both parties.
8. Attachment D - the Reporting & Expenditure Guidelines; Grantee shall complete
th (7- "Monthly Progress Report and the Quarterly Expenditure Report." The Monthly
Progress and Quarterly Expenditure Report are attached to this FA as Attachments D1
and D2 in accordance with Attachment D - Reporting and Expenditure Guidelines.
9. Attachment E the "FTIP PROJECT SHEET (PDF)" is attached as Attachment E
and is required to ensure that the Project is programmed correctly in the most up -to -date
FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP
dat. -abase under the reports section at http: / /program.rretro.net. All projects that receive
funding through Measure R must be programmed into the FTIP which includes locally
funded regionally significant projects for information and air quality modeling purposes.
Grantee shall review the Project in ProgramMetro each year and update or correct the
Project as necessary during a scheduled FTIP amendment or adoption. Grantee will be
notified of amendments and adoptions to the FTIP via e -mail. Changes to the FTIP
through ProgramMetro should be made as soon as possible after Grantee is aware of
any changes to the Project, but no later than October 1 of the year the change or update
is effective. Should Grantee fail to meet this date, it may affect Grantee's ability to access
funding, delay the Project and may ultimately result in the Funds being lapsed.
10. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work, or
(iv) Expenditure Plan, (v) FTIP Project Sheet or (vi) Special Grant Conditions shall be
allowed without a written amendment to this FA, approved and signed by the LACMTA
Chief Executive Officer or his /her designee and Grantee. Modifications that do not
materially affect the terms of this FA, such as redistributing Funds among existing budget
line items or non - material schedule changes must be formally requested by Grantee and
approved by LACMTA in writing. Non - material changes are those changes, which do not
affect the grant amount, or its schedule, Project Funding, Financial Plan, the Scope of
Work, including its schedule.
Rev: 06.20.11 4 South Bay Measure R Highway Program FA
i
11. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Fulgene Asuncion, MS: 99 -22 -9
PHONE: (213) 922 -3025
EMAIL: asuncionf @metro.net
12. Grantee's Address:
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Maryam Jonas
PHONE: (310) 524 -2361
E -MAIL: MJonas @elsegundo.org
Rev: 06.20.11 5 South Bay Measure R Highway Program FA
PART II
GENERAL TERMS OF THE FA
1. TERM
The term of this FA shall commence on the date this FA is fully executed and, shall
terminate upon the occurrence of all of the following, unless terminated earlier as
provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA
audit and reporting requirements have been satisfied; and (iii) the final disbursement of
the Funds has been made to Grantee. All eligible Project expenses as defined in the
Reporting and Expenditure Guidelines (Attachment D), incurred after the FA is executed
shall be reimbursed in accordance with the terms and conditions of this FA unless
otherwise agreed to by the parties in writing.
2. SUSPENDED OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the
Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE
at `east 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
wil not reimburse GRANTEE any costs incurred after that suspension or termination
da-�e, except those costs necessary (i) to return any facilities modified by the Project
construction to a safe and operable state; and (ii) to suspend or terminate the
construction contractor's control over the Project. LACMTA's share of these costs will be
consistent with the established funding percentages Outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Expenditure Report, with supporting
documentation of expenses and Project progress as described in Part II, Sections 6.1 of
this FA, and other documents as required, shall satisfy LACMTA invoicing requirements.
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051 -0296
Re: LACMTA Project ID# MR312.22 and FA# MOU.MR312.22
Project Manager: Fulgene Asuncion, MS: 99 -22 -9
4. USE OF FUNDS:
4.1 Grantee shall utilize the Funds to complete the Project as described
in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines
and the specifications for use for the transportation purposes described in the Ordinance..
Rev: 06.20.11 6 South Bay Measure R Highway Program FA
4.2 Attachment C shall constitute the agreed upon Scope of Work
between LACMTA and Grantee for the Project. The Funds, as granted under this FA,
can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 Grantee shall not use the Funds to substitute for any other funds or
projects not specified in this FA. Further, Grantee shall not use the Funds for any
expenses or activities above and beyond the approved Scope of Work (Attachment C)
without an amendment to the FA approved and signed by the LACMTA Chief Executive
Officer or his Designee.
4.4 Grantee must use the Funds in the most cost - effective manner. If
Grantee intends to use a consultant or contractor to implement all or part of the Project,
LACMTA requires that such activities be procured in accordance with Grantee's
contracting procedures and consistent with State law as appropriate. Grantee will also
use the Funds in the most cost - effective manner when the Funds are used to pay "in-
house" staff time. Grantee staff or consultant with project oversight roles can not award
work to companies in which they have a financial or personal interest. This effective use
of `.'unds provision will be verified by LACMTA through on -going Project monitoring and
thr ,)ugh any LACMTA interim and final audits.
4.5 If a facility, equipment (such as computer hardware or software),
vehicle or property, purchased or leased using the Funds, ceases to be used for the
proper use as originally stated in the Scope of Work, o, the Project is discontinued, any
Funds expended for that purpose must be returned to LACMTA as follows: Grantee shall
be required to repay the Funds in proportion to the useful life remaining and in an equal
proportion of the grant to Grantee Funding Commitment ratio.
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted
in support of the Monthly Progress and Quarterly Expenditure Report. LACMTA will make
all disbursements electronically unless an exception is requested in writing.
Reimbursements via Automated Clearing House (ACH) will be made at no cost to
Grantee. Grantee must complete the ACH form and submit such form to LACMTA before
grant payments can be made. ACH Request Forms can be found at
www.metro.net/projects _studies /call_projects /ref docs.htm. Grantee must provide
detailed supporting documentation with its Monthly Progress and Quarterly Expenditure
Report. Grantee Funding Commitment, if any, must be spent in direct proportion to the
Funds with each quarter's payment.
6. REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS:
6.1 Grantee shall submit the Monthly Progress Report (Attachment D1)
within seven (7) days from the last day of each month and submit the Quarterly
Expenditure Report (Attachment D2) within sixty (60) days after the close of each quarter
on the last day of the months November, February, May and August. Should Grantee fail
to submit such reports within 10 days of the due date and /or submit incomplete reports,
Rev: 06.20.11 7 South Bay Measure R Highway Program FA
LACMTA will not reimburse Grantee until the completed required reports are received,
reviewed, approved. The Monthly Progress and the Quarterly Expenditure Report shall
include all appropriate documentation (such as contractor invoices, timesheets, receipts,
etc.). All supporting documents must include a clear justification and explanation of their
relevance to the Project. If no activity has occurred during a particular quarter, Grantee
will still be required to submit the Monthly Progress and Quarterly Expenditure Report
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 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
exl :lanation 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 Monthly Progress Reports and Quarterly Expenditures shall be in
compliance with OMB Circular A -87 or Federal Acquisition Regulation (FAR) Subpart 31
(whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit
findings require Grantee to return monies to LACMTA, Grantee agrees to return the
monies within thirty (30) days after the final audit is sent to Grantee.
6.3 Grantee's records shall include, without limitation, accounting
records, written policies and procedures, contract files, original estimates,
correspondence, change order files (including documentation covering negotiated
settlements), invoices, and any other supporting evidence deemed necessary by
LACMTA to substantiate charges related to the Project (all collectively referred to as
"records ") shall be open to inspection and subject to audit and reproduction by LACMTA
auditors or authorized representatives to the extent deemed necessary by LACMTA to
adequately permit evaluation of expended costs. Such records subject to audit shall
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.
Rev: 06.20.11 8 South Bay Measure R Highway Program FA
6.4 Grantee shall cause all contractors to comply with the requirements
of Part II, Section 5, paragraphs 6.2 and 6.3 above. Grantee shall cause all contractors
to cooperate fully in furnishing or in making available to LACMTA all records deemed
necessary by LACMTA auditors or authorized representatives related to the Project.
6.5 LACMTA or any of its duly authorized representatives, upon
reasonable written notice shall be afforded access to all of the records of Grantee and
its contractors related to the Project, and shall be allowed to interview any employee of
Grantee and its contractors through final payment to the extent reasonably practicable.
6.6 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to the offices of Grantee and its
contractors, shall have access to all necessary records, including reproduction at no
charge to LACMTA, and shall be provided adequate and appropriate work space in
order to conduct audits in 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 under the Ordinance.
6.9 Grantee shall certify each invoice by reviewing all subcontractor
costs and maintaining internal control to ensure that all expenditures are allocable,
allowable and reasonable and in accordance with OMB A -87 or FAR subparagraph 31
(whichever is applicable) and the terms and conditions of this FA.
6.10 Grantee shall also certify final costs of the Project to ensure all
costs are in compliance with OMB A -87 or FAR subparagraph 31 (whichever is
applicable) and the terms and conditions of this FA.
6.11 In addition to LACMTA's other remedies as provided in this FA,
LACMTA may withhold the Funds if the LACMTA audit has determined that Grantee
failed to comply with the Scope of Work (such as misusing Funds or failure to return
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 Il, Section 6.
7. GRANT
This is a one time only grant of the Measure R Funds are subject to the terms and
conditions agreed to herein. This grant does not imply nor obligate any future funding
commitment on the part of LACMTA.
Rev: 06.20.11 9 South Bay Measure R Highway Program FA
a
8. SOURCES AND DISPOSITION OF FUNDS:
8.1 The obligation for LACMTA to grant the Funds for the Project is
subject to sufficient Funds being made available for the Project by the LACMTA Board
of Directors. If such Funds are not made available as anticipated from Measure R
Program revenues, LACMTA will have the right to adjust the cash flow accordingly until
such funds become available. LACMTA shall have no,obligation to provide any other
funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 Grantee shall fully fund and contribute the Grantee Funding
Commitment, if any is identified in the Project Funding (Attachment A), towards the cost
of the Project. If the Funds identified in Attachment A are insufficient to complete the
Project, Grantee may request additional Measure R funds from its sub - region earmark
pending support of the sub - region's Governing Board, the South Bay Cities Council of
Governments (SBCCOG). 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 Board.
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 I, Section 2 of this FA subject to the terms and conditions contained
herein. Any Funds expended by Grantee prior to the execution of this FA (prior to the
LACMTA Chief Executive Officer's signature) shall not be reimbursed 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.
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.
9, TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS:
9.1 Grantee must demonstrate timely use of the Funds by:
(i) executing this FA within ninety (90) days of receiving formal
transmittal of the FA from LACMTA, or by December 31 of the
Rev: 06.20.11 10 South Bay Measure R Highway Program FA
first Fiscal Year in which the Funds are programmed,
whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by
the LACMTA and Grantee in Attachment C (Scope of Work)
of this FA. Contracts for construction or capital purchase shall
be executed within nine (9) months from the date of
completion of design; and
(iii) submitting the Monthly Progress and Quarterly Expenditure
Report as described in Part II, Section 6.1 of this FA; and
(iv) expending the Funds granted under this FA for allowable
costs within five years or 60 months from July 1 of the Fiscal
Year in which the Funds are programmed, unless otherwise
stated in this FA. All Funds programmed for FY 2011 -12 are
subject to lapse by June 30, 2016.
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, which may require that any reprogrammed funds be returned to the sub -
region. 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; or (ii) Grantee fails to perform
satisfactorily or makes a material change, as determined by LACMTA at its sole
discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without
LACMTA's prior written consent or approval as provided herein.
11. REMEDIES:
11.1 In the event of a Default by Grantee, LACMTA shall provide written
notice of such Default to Grantee with a 30 -day period to cure the Default. In the event
Grantee fails to cure the Default, or commit to cure the Default and commence the same
within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the
following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further
disbursements of Funds to Grantee; and /or (iii) LACMTA may recover from Grantee any
Funds disbursed to Grantee as allowed by law or in equity.
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.
Rev: 06.20.11 11 South Bay Measure R Highway Program FA
19E,)w
� P
11.3 The remedies described herein are non - exclusive. LACMTA shall
have the right to enforce any and all rights and remedies herein or which may be now or
hereafter available at law or in equity.
12. COMMUNICATIONS:
12.1 Grantee shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project. For purposes of this Agreement,
"Communications Materials" include, but are not limited to, newsletters and other printed
materials, advertising, websites and electronic media, and construction site signage.
12.2 Grantee shall ensure that at a minimum, all Communications
Materials shall include (i) the phrase "A Measure R project funded by Metro "; and (ii) the
Metro logo. Further guidance on acknowledging LACMTA contribution is provided in the
Communications Materials guidelines available from the LACMTA Communications
Division.
12.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.4 Grantee shall ensure that any subcontractor, including, but not
limited to, public relations, public affairs, and /or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section
12.
12.5 Grantee shall notify the LACMTA Chief Communications Officer or
his /her designee of all press events related to the Project in such a manner that allows
LACMTA to participate in such events, at LACMTA's sole discretion.
12.6 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.7 Grantee shall ensure that any subcontractor, including, without
limitation, public relations, public affairs, and /or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section
12.
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.
Rev: 06.20.11 12 South Bay Measure R Highway Program FA
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 officers,
agents and employees harmless from and against any liability and expenses, including
without limitation, defense costs, any costs or liability on account of bodily injury, death or
personal injury of any person or for damage to or loss of risk of property, any
environmental obligation, any legal fees and any claims for damages of any nature
whatsoever arising out of the Project, including without limitation: (i) use of the Funds by
Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of
Grantee's obligations under this FA; or (iii) any act or omission of Grantee, or its officers,
agents, employees, contractors or subcontractors in the performance of the work or the
provision of the services, in connection with the Project including, without limitation, the
Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the
performance of its obligation hereunder to the extent that the performance of any such
obligation is prevented or delayed by unforeseen causes including acts of God, acts of a
public enemy, and government acts beyond the control and without fault or negligence of
the affected party. Each party hereto shall give notice promptly to the other of the nature
and extent of any such circumstances claimed to delay, hinder, or prevent performance of
any obligations under this FA.
13.6 Grantee shall comply with and insure that work performed under this
FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statutes, ordinances, rules,
regulations, and procedural requirements including Federal Acquisition Regulations
(FAR), and the applicable requirements and regulations of LACMTA. Grantee
acknowledges responsibility for obtaining copies of and complying with the terms of the
Rev: 06.20.11 13 South Bay Measure R Highway Program FA
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, and any assignment
without said consent 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 anyway.
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 If any software /Intelligent Transportation Systems ( "ITS ") is
developed with the Funds and if Grantee ceases to use the software /ITS for public
purooses or Grantee sells, conveys, licenses or otherwise transfers the software /ITS,
LACMTA shall be entitled to a refund or credit, at LACh9TA's sole option, equivalent to the
amount of the Funds spent developing the software /ITS. Such refund or credit shall not
be required, subject to LACMTA approval of the intended use, if Grantee reinvests the
proceeds of such sale, conveyance, license or transfer into the Project to offset operating
or systems management costs.
13.12 Implementation of any ITS project shall be consistent with the
Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS
Policy and Procedures adopted by the LACMTA Board of Directors including the
submittal of a completed, signed self- certification form in the form of Attachment F -1. For
the ITS policy and form, see
www.metro.net/promects studies /call projects /other resources.htm.
13.13 If any parking facilities are designed and /or constructed using the
Funds, Grantee shall coordinate with LACMTA parking program staff (see METRO.net for
staff listing) in the planning, design and management of the facility and shall ensure that
its implementation is consistent with the LACMTA adopted parking policy. For the parking
policy, see www. metro. net / projects_ studies / call _projects /other_resources.htm.
13.14 Grantee will advise LACMTA prior to any key Project staffing
changes.
Rev: 06.20.11 14 South Bay Measure R Highway Program FA
0
13.15 Notice will be given to the parties at the address specified in Part I,
unless otherwise notified in writing of change of address.
13.16 Grantee in the performance of the work described in this FA is not a
contractor nor an agent or employee of LACMTA. Grantee attests to no organizational or
personal conflicts of interest and agrees to notify LACMTA immediately in the event that a
conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent
or employee of LACMTA and shall have no powers to bind LACMTA in contract or
otherwise.
Rev: 06.20.11 15 South Bay Measure R Highway Program FA
O
ct
4
op
0
�
0 C's
U �D
W
0 1-- 4-
0
,;� �D
z " =
4,
Q)
cz
4-
v
ct
04
z
k;
-4ZI
4-
u
0
ua
0
ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
♦ a t
Expenditure
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by
state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan
Transportation Authority ( LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to
capital project or program sponsors until an expenditure plan containing the following elements is submitted,
reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be
submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and /or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the
projects and programs and /or each project or program activity;
o The schedule during which the project sponsor anticipates funds will be available for each project and
progran, and /or each project or program activity; and,
o The expected completion dates for each project and program and /or project or program activity.
Each of the above elements must be provided in enough detail to determine consistency with Measure R, the
Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation
Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including,
but not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -
ground subways versus any other rights -of -way or above - ground work;
o A current -year cost estimate breakdown of the major sub - elements of the project such as overhead,
environmental and permit work, design and engineering, right -of -way, construction /installation (including
maintenance facilities, rail yard, equipment and other major components), construction /installation support,
interest costs, rolling stock, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right -of -way, surety,
energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any
federal, state, local, or private funding identified for the project if applicable including a 3% local funding
contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the
source funds are in current or year -of- expenditure dollars;
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described
above; and;
o The expected completion by month and year of project or program completion.
South Bay Measure R Funding Agreement
Attachment B - Expeniture Plan Guidelines
Rev: 06,20.11
m
ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
State Law Re ui'res AIII Measure R Pro ept and Program S onsors to Submit an
Expenditure Plan
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
(t) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net
revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs
identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the
estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates
will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will
be available for each project and program. The MTA shall also identify in its expenditure plan the expected
completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be
eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program
shall submit to the MTA an expenditure plan for its project or program containing the same elements as the
expenditure plan that MTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an
expenditure plan adopted pursuant to subdivision (t), including, but not limited to, the expenditure plan
adopted by the MTA board as "Attachment A" in Ordinance #08 -01 adopted by the board on July 24, 2008,
and in , addition to any other notice requirements in the proposing ordinance, the board shall notify the
Members of the Legislature representing the County of Los Angeles of all of the following:
(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the
following:
(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed
to be expended on a capital project or projects identified in the adopted expenditure plan.
(8) Affect the schedule for the availability of funds proposed to be expended on a capital project or
projects identified in the adopted expenditure plan.
(C) Affect the schedule for the estimated or expected completion date of a capital project or projects
identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely
availability of funding for the capital project or projects contained in the adopted expenditure plan.
South Bay Measure R Funding Agreement
Attachment B - Expeniture Plan Guidelines
Rev: 06.20.11
4
oz
W.
W.
V 0
an
dv
on
7s
0
b
bn
0
R
Z �-
< w
E I (D
❑
E ca
<
uj
LL fL
x <
u=i u7 V7
ro
ti
4- , 0ti�
FTIP #: LAOG727 Project# MR312.22
South Bay Measure R Highway Program Funding Agreement #MOU.MR312.22
ATTACHMENT C
SCOPE OF WORK
Design and Construction
City of El Segundo
PROJECT TITLE: Maple Avenue Arterial Improvements
PROJECT LOCATION:
The project is located in the City of El Segundo, in the South Bay region of Los Angeles
County.
PROJECT LIMITS:
The project limits are Sepulveda Boulevard (Highway 1) on the west and the Parkview
Drive N. on the east. It parallels Imperial Highway and connects to the 105 freeway.
NEXUS TO HIGHWAY OPERATION DEFINITION / PROJECT PURPOSE:
Maple Avenue is an east -west arterial and a primary access route between the 105
FWY and State Route 1 (Sepulveda Boulevard). Th3 primary purpose of this project is
to facilitate traffic movements to better serve existing traffic patterns. The proposed
project would provide an alternative route that would cause a diversion of existing traffic
from Sepulveda Boulevard. Traffic will use the newly paved street to avoid the
Sepulveda /Imperial intersection and congested portion of Imperial Highway. This
project will alleviate congestion on Sepulveda Boulevard, provide an easier access to
the 105 FWY and a much better driving experience on Maple Avenue.
PROJECT BACKGROUND:
Maple Avenue is located east of Sepulveda Boulevard (Highway 1) to Douglas Street.
The route has become an increasingly significant commercial corridor in the last ten
years with office, retail and other major employers such as Boeing and USAFB. The
proposed Maple Avenue project is about 2,700 feet and it is the main arterial roadway
connecting west of the City to 105 Freeway. It is also adjacent to and intersects
Highway 1 (Sepulveda Boulevard). This project will provide an additional east -west
route between Highway (1) and the 105 freeway, an alternate route to the parallel east —
west arterial of Imperial Highway and El Segundo Boulevard. Once the project is
complete, the on -ramp at Parkview Drive will serve as the primary local access to the
105 freeway providing an alternative travel route and reducing the congestion at the 105
on -ramp on Imperial Highway. Maple Avenue will also provide a secondary route to off -
ramp of the 105 freeway at Nash Street.
Rev: 06.20.11 1 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727
South Bay Measure R Highway Program
PROJECT SCOPE:
4.1
Project# MR312.22
Funding Agreement #MOU.MR312.22
The project consist of design, construction and construction management to rehabilitate
the existing pavement, construct a storm drain system to improve lane access and
traffic, storm water manhole and catch basins on Maple Avenue that will adequately
convey a 50 year storm flow.
PROJECT COST:
PROJECT BUDGET:
�'l of'Budget
METRO $ 2,500,000 100%
GRANTEE
OTHER FUNDING
Total $ 2,500,000 100%
Rev: 06.20.11 2 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
°cf C►t
Plannina
25,000
1%
PA &ED
$ 25,000
1%
PS &E
$ 200,000
�.._ ...._. 8%
.... __..... __...
Right of Way Support
Right of Wa Acquisition
.... .....
Construction
$ 1,800,000
72%
Construction Management
$ 200.000
� 8°
Project Coordination and
$ 250.000
10%
Construction Contingencies
Total Project Cost
$ 2,500,000
100%
PROJECT BUDGET:
�'l of'Budget
METRO $ 2,500,000 100%
GRANTEE
OTHER FUNDING
Total $ 2,500,000 100%
Rev: 06.20.11 2 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727 Project# MR312.22
South Bay Measure R Highway Program Funding Agreement #MOU.MR312.22
MILESTONES:
Rev: 06.20.11 3 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
. START DATE
COMPLETION DATE
PLANNING
Prepare Concept Report
Completed
Prepare Feasibility Study
�u
Prepare Project Study Report..........
Intelligent Transportation STyster ITS
N/A
_ _._�
Feasibility Study
.......................
........ ....
Concept Exploration
PRELIMINARY DESIGN
Prepare Detailed Design PlansmmmmIT
FebruarV 2012
March 2012
Prepare Detailed Construction Plans
" .......... ..
Prepare Project Cost Estimate
"
Intelligent Trainsportg# n S rsterru ITS
N/A
Concept of gppr !ions
_ .....
S . ",ternwRequirements
HiephLevel Deso n
Prepare Environmental Document
December 2011
December 2011
Do- .ument Type: Notice of Exemption
Scoping
N/A
Technical Studies
Draft Environmental Document
"
Final Environmental Document
Coi ..... ........
rimunit Outreach
Secure Project Approval
December2011
December 2011
Intelligent Transportation System (ITS)
N/A
Categorical Exemption Filing
Januar 2012
January 2012
PS &E
35% PS &E
Preliminary Investigations
2012
March 2012
PreliminarV Foundation
_mmmFebrua
N/A
Geometric Drawin s
February 2012
March 2012
..-. ........
Bridge Type Selection Roadway and
N/A
Retrofit Strategy
ADL Review
Utilities
Right-of-Way
Estimating
February 2012
March 2012
Civic Design
Structural Des.p.....___ .............
N/A _._.. ................
.._.....
Intelli ent Tr an sportation S stem ITS
�. .............
_..
_
Detailed Desi n
_...... ........... . ......
ITS Drawings
System Plans
Communications Plans
_ .................... "
_._ ..... ._.�........ ................... �
Systems Integrations Plans
...............
Software Specifications
"
Project Review & Comments
March 2012
March 2012
65% PS &E
Civil Design Plans
March 2012
June 2012
Rev: 06.20.11 3 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
Right -of -Way Engineering
F N/A
_._._.._
Structural Design _......._
___
Prepare Project Cost Estimate
May 2012
May 2012
Intelligent Transportation System ITS
N/A
Detailed Design
ITS Drawings —
"
S stem Plans
"
Communications Plans
"
_Systems Integrations Plans
_........
"
......__
Equipment Specifications
"
Softwar Specifications
e
_.._._...
__..
....._....... .. ..._
Project Review & Comments
Ma 2012
June 2012
95% PS &E
Civil Desi n Plans
June 2012
Jul 2012
...
Structural Design
N/A
Intelli ent Transportation System (ITS
"
Detailed Design
"
ITS Drawings
"
S stem Plans
"
Communications Plans
"
S stems lnte rations Plans
................
.... .w...........��
Equipment Specifications _
._._.
..._.........._
Software Specifications
Submittals & Reviews
July 2012
July ...-
Submit Final PS &E
Jul 2012
Jul 2012
utside A enc Review
WO_ RIiGH OF WAY-SUPPORT
N/A ,
Certification /Ma pin
"
A praisal
"
RIGHT OF WAY ACQU ITION
Certification /Ma in _ .......................
Title Re ort
"
Meet with Pro2eerty Owners
"
Appraisal
_... ............. ...
"
Environmental Investi ation
._ .... "
Closin /Ac uire Pro ert /Relocation
"
_...._.- ......._........
Ph sical Possession
"
Remediation
"
.._...__ .............. -.
Utilit Relocation
"
Third Part Coordination
"
Design Utilities
"
Relocate Utilities
"
SOLICITATION BID /PROPOSAL
Develo Solicitation Packa a
October 2011
October 2011
Solicitation Response
December 2011
December 2011
Evaluations
Selection
Board Approval
Janua 2012
Januar 2,012
Contract Award
Janua 2012
Janua 2012
Full Executed Contract
Februar 2012
Februa 2012
Rev: 06.20.11 4 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727
South Bay Measure R Highway Program
CONSTRUCTION MILESTONES:
4100.
Project# MR312.22
Funding Agreement #MOU.MR312.22
Rev: 06.20.11 5 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
4.
START DATE _
.. COMPLETION DATE
....................... ............... .�.......
Excavation
.......
Clear /Grub
March 20,13
June 2013
Survey
"
Sample Borings
..............�
"
� .................. .........................
Grading"
Compaction
"
Draiaq,e
. . . . . .... . n. . . . . . . . . .
Aril 2013
July 2013
Environmental
N/A
N/A
Hazardous Materials Handlin
"
Archaeological
"
AirwQuality Monitoring
.......... _._....
" ......... ........
Concrete
Form Work
May 2013
June 2013
Rebar Placement
N/A
N/A
Pole Placement
"
"
........
Traffic Control
_ .....................
TMP
.........-
March 2013
September 2013
Structural
N/A
False Work
Iron Placement
.
.......... _. W._ ............ _._ ............ ...... .
............._.._._.� . __
Pole Placement
Utilities
N/A
�.._ .._ ... _......._........
WP
�......_.� ..........
..... ............�
SCE
LADOT
Materials
N/A
......
m.Lon -Lead Equipment .... ._..__._ ..............._....
Staging
Material Lay Down Area
.._ ......... .........
Si na e
Electrical
_ ......... .mmITN /AITITITIT... ...... ����__..�..
Power U/G Communication
..........._
A/G T", estin /Acce tance
.....
....... �.. �......._ ...............................
Landscape
Clearin
Planting
Au ust 2013
September 2013
Plant Establishment
"
___ ... ....................._......._.
"
.�...�.....
rri.... ation .... ............................... .._ .._
Testing ............................................
"
"
..................... . .........
Rev: 06.20.11 5 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
4.
FTIP #: LAOG727
Project# MR312.22
South Bay Measure R Highway Program
Funding
Agreement #MOU.MR312.22
_. ..... _ ....... ........_ ....
.................
START DATE
- -------- ---- -.....
COMPLETION DATE
Change Orders
N/A
P.O. Processing Time
....... ........................_......
.......
Weather
.............
.
....... . .........................
Third Part Issues
Strike Labor Walk Outs .......... ......_ a..
_ ........ _....
.
Force Ma'eure
Claims
__ ......
.......... .............................._
Solicitation (Bid/Proposal
Develop Solicitation Package
September 2012
October 2012
Solicitation Res onse
"
is
Evaluations
.................... _
"
......................�
Selection
«..
«
Board Approval Process
"
..........
_.._W.....
Contract Award
November 2012
uted Contract
Fuld ........... Executed
_ ...... __.........._..__..
December 2012
**************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Rev: 06.20.11 6 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727
South Bay Measure R Highway Program
4190. +,
Project# MR312.22
Funding Agreement #MOU.MR312.22
ATTACHMENT C - Location Map
Rev: 06.20.11 7 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
1
J°
LAS
�aJ,41,yk Ave
b R'N
0.
8v%4UaW%l
E Maple, Ave
- SAW
Z Mzzatl
Miq*@ Ave
j
'p�
dww
I
'C_a
€
iv
des
C
liaple Avenue from Sepulveda
Boulevard tr
arkview
Avenue,
°
l Segundo
1 Ave
a� 9
Ave
iR11
y
qv"
'T0 °WyodwW Spot
Cs
021111 X0001'
Rev: 06.20.11 7 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
� u �p1roQ
FA SOUTH BAY MEASURE R HIGHWAY PROGRAM - ATTACHMENT D
REPORTING & ADMINISTRATIVE GUIDELINES
REPORTING PROCEDURES
Monthly Progress Report (Attachment D1) and Quarterly 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 reports to the LACMTA at P.O. Box
512296, Los Angeles, CA 90051 -0296. Please note that letters or other forms of
documentation may not be substituted for this form.
The Monthly Progress Report and the Quarterly 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 of the purpose and
relevance of each expense to the project. Expenses must reflect the proportionate share of
local match, including in -kind, charged to the grant.
• In cases where there are no activities to report, or problems causing delays, clear
explanation, including actions to remedy the situation, must be provided.
• Grantees are required to track and report on the project schedule. LACMTA will monitor
the timely use of funds and delivery of projects. Project delay, if any, must be reported
each quarter. Projects not delivered in a timely manner will be reevaluated by LACMTA
as part of the annual Measure R allocation update process and the Funds may be
deobligated and reprogrammed by the LACMTA Board.
• The Monthly Progress Report is due to the LACMTA as soon as possible on the last day of
each month. The 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
May 31
August 31
Upon completion of the Project a final report that includes project's final evaluation must be
submitted.
EXPENDITURE GUIDELINES
Any activity or expense charged above and beyond the approved Scope -of -Work (MOU
Attachment C) is considered ineligible and will not be reimbursed by the LACMTA
unless prior written authorization has been granted by the LACMTA Chief Executive
Officer or his designee.
Rev: 04.20.11 1 FA- South BayMeasure R Funding Agreement
Attachment D- Reporting & Admin Guidelines
4 1 :eU .
FA SOUTH BAY MEASURE R HIGHWAY PROGRAM - ATTACHMENT D
REPORTING & ADMINISTRATIVE GUIDELINES
• Any expense charged to the grant or local match, including in -kind, must be clearly and
directly related to the project.
• Any activity or expense charged as local match cannot be applied to any other LACMTA-
funded or non- LACMTA- funded projects; activities or expenses related to a previously
funded project cannot be used as local match for the current project.
Administrative cost is the ongoing expense incurred by the Grantee for the duration of
the project and for the direct benefit of the project as specified in the Scope -of -Work
(Attachment C). Examples of administrative costs are personnel, office supplies, and
equipment. As a condition for eligibility, all costs must be necessary for maintaining,
monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses
must be reasonable and appropriate to the activities related to the project.
LACMTA is not responsible for, and will not reimburse any costs incurred by the Grantee
prior to the execution of the MOU, unless written authorization has been granted by the
LACMTA Chief Executive Officer or her designee.
The MOU is considered executed when the LACMTA Chief Executive Officer or her
designee signs the document.
DEFINITIONS
Local Participation: Where local participation consists of "in -kind" contributions rather
than funds, the following contributions may be included:
• Costs incurred by a local jurisdiction to successfully complete the project.
Examples include engineering, design, rights -of -way purchase, and construction
management costs.
• Donations of land, building space, supplies, equipment, loaned equipment, or
loaned building space dedicated to the project.
• Donations of volunteer services dedicated to the project.
• A third -party contribution of services, land, building space, supplies or equipment
dedicated to the project.
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and
necessary, consistent with established practices of the organization, and consistent with
industry standard of pay for work classification.
• Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to
reflect a "reasonable and customary" level. For detail definition of "reasonable cost ",
please refer to the Federal Register OMB Circulars A -87 Cost Principals for State and
Local Governments; and A -122 Cost Principals for Nonprofit Organizations
• In- eligible Expenditures: Any activity or expense charged above and beyond the approved
Scope -of -Work is considered in eligible.
Rev: 04.20.11 2 FA- South BayMeasure R Funding Agreement
Attachment D- Reporting & Admin Guidelines
u
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
Invoice #
Invoice Date
FA#
Monthly Report#
GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO
P.O. Box #512296, Los Angeles, CA 90051 -0296 after the close
of each month. Please note that letters or other fors
of documentation may not be substituted for this for. Refer to the
Reporting and Expenditure Guidelines (Attachment D) forfurther information.
SEC 71 ON ; GENERAL IN FORMATION
PROJECT TITLE:
FA #:
MONTHLI REPORT SUBMITTED FOR: Month: Year:
DATE SUBMITTED:
LACMTA Area Team
Representative I Project Department:
Mgr. Phone Number:
GRANTEE Contact /
Project Manager Ci �
Phone Number:
Rev: 06.20.11 1 South Bay Measure R FA- ATTACH 01- MONTHLY PROGRESS
�pr � U m i,I" , a,"If
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
11mle s€a10 M Me ctrl ail FA s
Current
Original FA Start
Original FA End
Approved
Approved
Completion
Schedule
Percent
Date in Scope of
Date in Scope of
Changes
Completion
Forecast
Variance
Completed By
FA Milestones
Work (Month/Year)
Work (Month/Year)
(Months)
Schedule
(Month/Year)
(Months)
Time
a
b
c
d =b +c
a
f=e -d
PLANNING
Pre are Conce t Report
Prepare Feasibility S!yqy
Pre are Project Stud Report
Intelligent Transportation
Feasibility Sludy
Concept Exploration
Prelfininary Design
Prepare Detailed Design Plans
Detailed Construction
'Prepare
Prepare Project Cost Estimate
intelli entTrans nation
i
' "Corvice t of O orations
.S stem Re Wemenls
High Level Design
PA, &E'D
Prep are Environmental
Sco in
Technical Studies
Draft Environmental
Final Environmental
Communi!y Outreach
Secure PrOysCt Approval
intelligent Transportation
Categorical Exemption
PS &E
36% PS &E
Pref mina Investigations
P'relimina Foundation
Geometric Drawings
. ®®
Bride Type Selection
ADL Review
Utilities
Right-of-Way
Estimating
Civic Desi,g n
Structural Design
to llli antTransportation
Detailed Desi n
ITS Drawings
em Pions
_
Communications Plans
Systems Integrations Plans
Equipment Sperms cations
_Equipment
Software S ecifrCationS
Project Review & Comments
55 PS &E
_ ........
Civil Design Plans
Ri ht-of-Way Engineering
Structural Desi n
Prepare Project Cost
intelligent Transportation
.__.m._
Detailed Design
tTS Drawin s
... 5 .........................
System Plans
Communications Plans
Systems Inte rations Plans
Equipment Specifications
Software S Eecifications
Project Review & Comments
Rev: 0620.11 2 South Bay Measure R FA- ATTACH D1- MONTHLY PROGRESS
a maA AV
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
FA Milestones
System Plans
Communications Plans
Svstems Intearations Plans
Software Spa
ittals & Reviews
Evaluations
Board
Contract
Original FA Start Original FA End
Date in Scope of Date in Scope of
Work (Month/Year) Work (Month/Year)
a b
LACMTA
LACMTA
Current
Approved
Approved
Completion
Schedule
Changes
Completion
I
Forecast
Variance
(Months)
Schedule
(Month/Year)
(Months)
c
d =b +c
a
f=e-d
Percent
Completed By
Time
Rev: 06 20.11 3 South Bay Measure R FA-ATTACH 01- MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
Rev: 06 20.11 4 South Bay Measure R FA- ATTACH 01- MONTHLY PROGRESS
LACMTA
LACMTA
Current
Original FA Start
Original FA End
Approved
Approved
Completion
Schedule
Percent
Date in Scope of
Date in Scope of
Changes
Completion
Forecast
Variance
Completed By
FA Milestones
Work (MonthlYear)
Work (Month/Year)
(Months)
Schedule
(Month/Year)
(Months)
Time
a
b
c
d =b +c
a
f=e -d
CONSTRUCTION
Excavation
Clear*rul1
Surve
Sam le Bonn s
Grading
Compaction
trraina e
Environmental
_
Hazardous Materials Handl'in
Arha eologicel
Air Quality Monitoring
Concrete
Form Work
Rebar Placement
Irnbw,ls
Testing
Finishin
a
Traffic Co.. ntrol
........
...- ..... ..
TMP
Structursi
False Work
Iron Placement
Pole Placement
utilities
DWP
m
SCE
LADOT
Materials
Lon -Lead E ui ment
5. ,!ng_
" "�
..............
Material Lay Down Area
Si na e
Electrical
...
Powcr U/G Communications
A!G Testin /Acre lance
Landsca..
........
Clean
Plant_... n
IU _._.....
......... .........
..... .........
Plant Establishment
Irri at�on
Testing
Chan a Orders
P.O. Processing Time
,.... .......
......._
..... ....................... .......
..............
Weather
Third Pagy Issues
Strike Labor Walk Outs
Force Ma'eure
Claims
. ..........
.. ............ ............ ._ ........
Intellt ent Trans ortation S stem
Hardware / Software
.................... -... .- ..m.._......_ .....
Equipment Installations
.._ ........
......... ._ ........
Software Development
Systems Inte ration
Device Testing
Subsystem Verification
._.._ ..................
..... _
_ ....... ........
System Verification
Final Systems Acceptance
Solicitation Bid /Pro sal'
Develop Solicitation Packa e
Solicitation Response
Evaluations
Selection
m _..
Board Approval Process
... ...............................
Contract Award
Fully Executed Contract
Rev: 06 20.11 4 South Bay Measure R FA- ATTACH 01- MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
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 QMore than 24 months behind original schedule
Between 12 -24 months behind original schedule
or milestones accomoltshcd and orooress made this month.
describe raasoris for daisy
"Same as Previous Month"
is
FA Milestones
to schedule delays. if delay is for the salve reason as mentioned In previous months, please
described in t141. Include action Items that have been, or will be. undertaken to resolve the
Current Percent
LACMTA Approved Approved I Expenditures Estimate At Completed By
Project Budget Changes Budget to Date Completion Cost Variance Dollar Amount
o h i =a +h i k 1 =k -i
Isk Registershali Include a listing or potential project risks„ Identify project risks and provide a description of individual risk events or unplanned events that may
and the estimated outcome or impact to project scope, cost and schedule; provide a qualitative assessment of risk potential; identify risk mitigation strategies; and
la recommendations or actions for responding to project risk. This section requires periodic updates as the project progresses and as risk events occur.
Risk Potential
I certify that I a;
`the 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.
ignaPrrre
Name
w
Title
Rev: 06.20.11 5 South Bay Measure R FA- ATTACH D1- MONTHLY PROGRESS
w
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO
P.O. Box #512296, Los Angeles, CA 90051 -0296 after the close
of each quarter, but no later than November 30, February 28,
May 31 and August 31. Please note that letters or other forms
of documentation may not be substituted for this form. Refer to the
Reporting and Expenditure Guidelines (Attachment D) for further information.
Please itemize grant - related charges for this Quarter on Page 5 of this repoit and include totals in this Section.
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
SECTION •- •
PROJECT TITLE:
FA #:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year:
Quarter :
DATE SUBMITTED:
J2011-2012
02015 -2016
QQ1: Jul - Sep
=Q3: Jan - Mar
Name:
LACMTA Area Team
Representative / Project Area Team:
Mgr. Phone Number:
e -mail:
Contact Name:
Job Title:
GRANTEE Contact /
Project Manager City / Agency:
Mailing Address:
Phone Number:
e -mail:
2012 -2013
2016 -2017
Q2: Oct - Dec
= Q4: Apr - Jun
=2013 -2014 =2014 -2015
=2017 -2018 =2018 -2019
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
mm '"1
w
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
List tasks or milestones accomplished and progress made this quarter.
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".
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
644
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
EXPENSES iSECTION 4: ITEMIZED LISTING OF . CHARGES THIS QUARTER
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
Notes:
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number
column of the Itemized Listing (above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213 - 922 -6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
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: 04.20.11 South Bay Pleasure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
ATTACHMENT E
Los Angeles Metropolitan Transportation Authority
2011 Federal Transportation Improvement Program ($000)
Project Description: Design and Construction to rehabilitate Maple Avenue from Sepulveda Boulevard to Parkview Drive N.
SCAG RTP Project #:
Is Model: Model M
PM: Maryam Jonas - (310) 524 -2361
Email: mjonas @elsegundo.org
LS: N LS GROUP#:
Conformity Category: EXEMPT
System :Local Hwy Route: Postmile: Distance: Phase: No Project Activity
Completion Date 12/01/2013
Lane # Extd: Lane # Prop: Impry Desc: Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT- 01/01/2012
Toll Rate: Toll Colc Loc: Toll Method: Hov acs eg loc: Uza: Los Angeles -Long
Sub -Area: Sub - Region: South Bay Area
Beach -Santa Ana
Program Code: NCR31 - ROAD REPLC & REHAB (NO LN ADD) CTIPS ID:
EA M PPNO:
PHASE PRIOR 10111 91112 1211:3 13114
94115 ISM6 BEYOND TOTAL
MR20H - Measure R 20% Highway RE $250
12 19
RW $0
so
CON s2 250
TOTAL PE: $250 TOTAL RW: $0 TOTAL CON: $2,250
- General Comment: The project study report is complete. Environmental document is being prepared for Notice of Exemption.
- Mdeling C omment:
-TCM Comment:
- Narrative: New Project
MR20H:
► Add fund: in 11/12 in ENG for $250, CON for $2,250
Change reason:New project Total Cost $2,500
Page 1 Monday, August 15, 2011
FTIP #: LAOG727
South Bay Measure R Highway Program
4 It
Project# MR312.22
Funding Agreement #MOU.MR312.22
ATTACHMENT F
SPECIAL GRANT CONDITIONS
LACMTA has asked the South Bay Cities Council of Governments ( SBCCOG) to provide
program administration and project development and oversight over the Project in
conjunction with LACMTA. In order to do so, the SBCCOG shall obtain a copy from
LACMTA or through LACMTA's Project Database of each Monthly Progress Report
(Attachment D1) and Quarterly Expenditure Report (Attachment D2) at the time Grantee
submits the reports to LACMTA. The SBCCOG, through the Monthly Progress Reports,
shall monitor progress of the Project schedule and budget and provide periodic reports to
LACMTA on the status of the Project. The SBCCOG shall also monitor and report to
LACMTA on overall program -level schedule and budget to identify and evaluate any
problems that may result in Project delays or cost overruns.
The Monthly Progress Reports (Attachment D1) shall include, but are not limited to,
Project progress, use of funds during the previous month, the milestones progress vs.
costs, risk management plan, expenditures to date, funds committed and forecast at
completion, updated Project schedule vs. Project baseline and identifying any major
problems and proposed solutions. If a potential cost overrun is identified, the monthly
report must detail the cost overrun and provide a recovery proposal.
The Quarterly Expenditure Reports (Attachment D2) provided by the Grantee to LACMTA
shall be used by the SBCCOG for monitoring and reporting program expenditures to
LACMTA.
For modifications that affect the terms of this FA, such as changes to project funding,
scope or schedule, Grantee must obtain evidence of SBCCOG concurrence to
modifications before formally requesting LACMTA for an amendment to this FA in writing.
Rev: 06.20.11 1 South Bay Measure R FA — Attachment F
— Special Grant Conditions