HomeMy WebLinkAboutC-2756FTIP #: LAF3110 CFP #F3110
MOU.POOF3110
CALL FOR PROJECTS
PROPOSITION C
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ( "MOU ") is dated for reference purposes only
November 30, 2011, and is by and between the Los Angeles County Metropolitan
Transportation Authority ( "LACMTA ") and City of Arcadia ( "Grantee ") for Baldwin Ave and
Duarte Rd Intersection Capacity Improvement - LACMTA Call for Projects ID# F3110 and
FTIP# LAF3110 (the "Project ").
WHEREAS, as part of the 2009 Call for Projects, the LACMTA Board of Directors, at its
meeting on September 24, 2009, authorized a grant to Grantee, subject to the terms and
conditions contained in this MOU.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this MOU consist of the following and each is incorporated by
reference herein as if fully set forth herein:
1. Part I - Specific Terms of the MOU
2. Part II - General Terms of the MOU
3. Attachment A - Project Funding
4. Attachment B - intentionally omitted
5. Attachment C - Scope of Work
6. Attachment D - Reporting and Expenditure Guidelines
7. Attachment D1 - Quarterly Progress/ Expenditure Report
8. Attachment E - Federal Transportation Improvement Program (FTIP) Sheet
9. 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 MOU and any attachments and the Specific Terms of the MOU shall prevail over
the General Terms of the MOU.
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
MITOMM.,
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: Av,�. Date:
—x Aitir T. Leahy , -
Chief Executive Officer
APPROVED AS TO FORM:
Andrea Sheridan Ordin
County Counsel
By: Date: 1"Z2-611
putt'.
GRANTEE:
CITY OF ARCADIA
By: °' Date: p X! 1
Donald Penman
City Manager
APPROVED AS TO FORM (OPTIONAL):
Stephen P. Deitsch
City Attorney
By:
Date: 41 ) f
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PART I
SPECIFIC TERMS OF THE MOU
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1. Title of the Project (the "Project "): Baldwin Ave and Duarte Rd Intersection Capacity
Improvement. LACMTA Call for Projects ID# F3110, FTIP # LAF3110.
2. To the extent the Funds are available, LACMTA shall make to Grantee a one -time grant
of the Proposition C 25% funds in the amount of $667,391 (the "Funds ") for the Project.
LACMTA Board of Directors' action of September 24, 2009, granted the Funds to Grantee for
the Project. The Funds are programmed over 2 years, Fiscal Years (FY) 2011 -12 and FY 2012-
13. LACMTA Board of Directors' action approved Funds for FY 2011 -12 only in the amount of
$116,924. LACMTA Board of Directors' action will be required annually to approve Funds for
each subsequent Fiscal Year prior to those Funds being allocated to Grantee.
3. This one time grant shall be paid on a reimbursement basis. Grantee must provide the
appropriate supporting documentation with the Quarterly Progress/ Expenditure Report.
Grantee Funding Commitment must be spent in the appropriate proportion to the Funds with
each quarter's expenditures. LACMTA will withhold 10% of eligible expenditures per invoice
as retainage pending an audit of expenditures and completion of scope of work.
4 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 budget for the Project, including the Funds programmed by LACMTA and
the Grantee Funding Commitment (local match). The Project Funding also includes the fiscal
years in which all the funds for the Project are programmed.
5. Grantee shall complete the Project as described in the "Scope of Work." The Scope of
Work for the Project is attached to this MOU as Attachment C. The Scope of Work includes a
description of the Project, a detailed description of the work to be completed by Grantee
including, without limitation, Project milestones consistent with the lapsing policy, and a set
schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to
by the parties in writing. If a Grantee is consistently behind schedule in meeting milestones or
in delivering the Project, then LACMTA will have the option to terminate this MOU for default
as described in Part I1, Section 9. Any changes in the Scope of Work must be made by
amendment.
6. 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 ProgamMetro FTIP database under the reports
section at http: / /program.metro.net. All projects that receive funding through the LACMTA
Call For Projects 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
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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.
7. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv)
the lapse date of the Funds shall be allowed without a written amendment to this MOU,
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 MOU, 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, Project Funding, Financial Plan, the Scope of
Work, including schedule, or the lapse date of the Funds.
8. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Reinland Jones, Mail Stop: 99 -22 -9
9. Grantee's Address:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attention: Tim Kelleher, tkelleheraci.arcadia.ca.us
10. MAINTENANCE OF EFFORT -- MOE
On September 26, 2002, the LACMTA Board of Directors required that prior to
receiving Proposition C 10% or 25% grant funds through the Call for Projects, Grantee must
meet a Maintenance of Effort (MOE) requirement consistent with the State of California's
MOE as determined by the State Controller's office. With regard to enforcing the MOE,
LACMTA will follow the State of California's MOE requirement, including, without
limitation, suspension and re- implementation.
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PART II
GENERAL TERMS OF THE MOU
TERM:
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1.1 The term of this MOU shall commence on the date this MOU 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 MOU is
executed shall be reimbursed in accordance with the terms and conditions of this MOU unless
otherwise agreed to by the parties in writing.
1.2 Should LACMTA determine there are insufficient Funds available for
the Project, LACMTA may terminate this MOU by giving written notice to Grantee at least
thirty (30) days in advance of the effective date of such termination. If this MOU is
terminated pursuant to this section, LACMTA will not reimburse Grantee any costs incurred
after the termination date, except those necessary to return any facilities modified by the
Project's construction to a safe state. LACMTA's share of these costs will be consistent with
the established funding percentages outlined in the MOU.
2. INVOICE BY GRANTEE: Unless otherwise stated in this MOU, the Quarterly
Progress /Expenditure Report, with supporting documentation of expenses and Project
progress as described in Part II, Sections 5.1 of this MOU, 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# F3110 and MOU #MOU.POOF3110
Reinland Jones, Mail Stop: 99 -22 -9
USE OF FUNDS:
3.1 Grantee shall utilize the Funds to complete the Project as described in
the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the
most recently adopted LACMTA Proposition C Guidelines for the type of Proposition C funds
granted by LACMTA hereunder (the "Guidelines ").
3.2 Attachment C shall constitute the agreed upon Scope of Work between
LACMTA and Grantee for the Project. The Funds, as granted under this MOU, can only be
used towards the completion of the Scope of Work originally adopted by the LACMTA Board of
Directors and detailed in Attachment C.
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3.3 Grantee shall not use the Funds to substitute for any other funds or
projects not specified in this MOU. 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 MOU approved and signed by the LACMTA Chief Executive Officer or his
designee.
3.4 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. Grantee will also use the Funds in the most cost -
effective manner when the Funds are used to pay "in- house" staff time. Grantee staff or
consultant with project oversight roles can not award work to companies in which they have
a financial or personal interest. This effective use of funds provision will be verified by
LACMTA through on -going Project monitoring and through any LACMTA interim and final
audits.
3.5 If Grantee desires to use the Funds to purchase /lease equipment (i.e.,
vehicles, computers, etc.) necessary to perform or provide the services disclosed in the Scope of
Work, Grantee must obtain LACMTA's written consent prior to purchasing /leasing specific
equipment. Equipment purchased /leased without such prior written consent shall be deemed
an unallowable expenditure of the Funds. 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 will be required
to repay the Funds in proportion to the useful life remaining in accordance with the
Guidelines and in an equal proportion of the grant to Grantee Funding Commitment ratio.
4. DISBURSEMENT OF FUNDS: Disbursements shall be based on a reimbursement
basis in accordance with the Quarterly Progress /Expenditure Report. LACMTA will make all
disbursements electronically unless an exception is requested in writing. Disbursements via
Automated Clearing House (ACH) will be made at no cost to Grantee. Grantee must complete
the ACH form and submit such form to LACMTA before grant payments can be made. ACH
Request Forms can be found at www.metro. net / projects_ studies /calLprojects /ref_docs.htm.
Grantee must provide detailed supporting documentation with its Quarterly
Progress /Expenditure Report. Grantee Funding Commitment must be spent in direct
proportion to the Funds with each quarter's payment.
REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS:
5.1 Grantee shall submit the Quarterly Progress/ Expenditure Report
(Attachment D1) within 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, LACMTA will not reimburse Grantee
until the completed required reports are received, reviewed, approved. The Quarterly
Progress/ 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
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a particular quarter, Grantee will still be required to submit the Quarterly
Progress/ 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.
5.2 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 explanation or summarization
including actual indirect rates for the period covered by the MOU 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 as defined by this MOU and
the Guidelines. Grantee's expenditures submitted to LACMTA for this project shall be in
compliance with Federal Acquisition Regulations, Subpart 31 (FAR). 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.
5.3 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.
5.4 Grantee shall cause all contractors to comply with the requirements of
Part II, Section 5, paragraphs 5.2 and 5.3 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.
5.5 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.
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5.6 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 MOU.
5.7 In addition to LACMTA's other remedies as provided in this MOU,
LACMTA shall withhold the Funds and /or recommend not to award future Call for Projects
grants to Grantee if the LACMTA audit has determined that Grantee failed to comply with the
Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in
accordance with LACMTA audit findings) and /or is severely out of compliance with other
terms and conditions as defined by this MOU and the Guidelines, including the access to
records provisions of Part II, Section 5.
5.8 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. ONE TIME GRANT: This is a one time only grant subject to the terms and conditions
agreed to herein and in the Guidelines. This grant does not imply nor obligate any future
funding commitment on the part of LACMTA.
7. SOURCES AND DISPOSITION OF FUNDS:
7.1 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 for the Project, this MOU shall be void and
have no further force and effect, and LACMTA shall have no obligation to provide the Funds
for the Project, unless otherwise agreed to in writing by LACMTA.
7.2 Grantee shall fully fund and contribute the Grantee Funding
Commitment, as 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 agrees to secure and provide such additional non - LACMTA programmed funds
necessary to complete the Project.
7.3 Grantee shall be responsible for any and all cost overruns for the Project.
7.4 Grantee shall be eligible for the Funds up to the grant amount specified
in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in
the Guidelines. Any Funds expended by Grantee prior to the execution of this MOU (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.
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7.5 If Grantee receives outside funding for the Project in addition to the
Funds identified in the Project Funding at the time this grant was awarded, this MOU shall
be amended to reflect such additional funding. If, at the time of final 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 MOU as specified in the Project Funding and
both the Funds and Grantee Funding Commitment required for the Project shall be reduced
accordingly.
8. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS:
8.1 Grantee must demonstrate timely use of the Funds by:
0 executing this MOU within ninety (90) days of receiving formal
transmittal of the MOU from LACMTA, or by December 31 of
the first Fiscal Year in which the Funds are programmed,
whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by the
LACMTA and Grantee in Attachment C (Scope of Work) of this
MOU. Contracts for construction or capital purchase shall be
executed within nine (9) months from the date of completion of
design. Project design (preliminary engineering) must begin
within six (6) months from the identified milestone start date.
Funds programmed by LACMTA for Project development or
right -of -way costs must be expended by the end of the second
fiscal year following the year the Funds were first programmed;
and
(iii) submitting the Quarterly Progress/ Expenditure Report as
described in Part II, Section 5.1 of this MOU; and
(iv) expending the Funds granted under this MOU for allowable costs
within 36 months from July 1 of the Fiscal Year in which the
Funds are programmed, unless otherwise stated in this MOU.
All Funds programmed for FY 2011 -12 are subject to lapse by
June 30, 2014. All Funds programmed for FY 2012 -13 are subject
to lapse by June 30, 2015.
If Grantee fails to meet any of the above conditions, the Project shall be
considered lapsed and will be submitted to the LACMTA Board of Directors for deobligation.
Expenses that are not invoiced within 60 days after the lapsing date are not eligible for
reimbursement.
8.2 In the event that the timely use of the Funds is not demonstrated as
described in Part II, Section 8.1 of this MOU, the Project will be reevaluated by LACMTA as
part of its annual Call for Projects Recertification /Deobligation process and the Funds may be
deobligated and reprogrammed to another project by the LACMTA Board. of Directors. If
Grantee does not complete one element of the Project, as described in the FTIP Project Sheet,
due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at
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LACMTA's sole discretion. In the event that all the Funds are reprogrammed, this MOU shall
automatically terminate.
9. DEFAULT: A Default under this MOU is defined as any one or more of the
following: (i) Grantee fails to comply with the terms and conditions contained herein or in the
Guidelines; or (ii) Grantee fails to perform satisfactorily or makes a material change, as
determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the
Project Funding without LACMTA's prior written consent or approval as provided herein.
10. REMEDIES:
10.1 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 MOU; (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.
10.2 Effective upon receipt of written notice of termination from LACMTA,
Grantee shall not undertake any new work or obligation with respect to this MOU unless so
directed by LACMTA in writing. Any Funds expended after termination shall be the sole
responsibility of Grantee.
10.3 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.
11. COMMUNICATIONS:
11.1 Grantee shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project. Grantee shall ensure that at a
minimum, all Communications Materials shall include (i) the phrase "This project was
partially funded by Metro" or alternative acceptable minimum language; and (ii) the Metro
logo, with the exception of press releases, which do not require a Metro logo.
11.2 If Grantee produces any Communication Materials that do not contain
the information set forth in Section 11.1 above, Grantee must provide an opportunity for prior
review and written comment by the Chief Communications Officer of LACMTA or its
designee before such materials can be produced. If Grantee does not receive a response from
LACMTA Communications within seven (7) worlang days from the day of receipt by LACMTA
Communications staff, Grantee may proceed with producing the Communications Materials
as proposed.
11.3 For purposes of this MOU, "Communications Materials" include, but
are not limited to, literature, newsletters, publications, websites, advertisements, brochures,
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maps, information materials, video, radio and public service announcements, press releases,
press event advisories, and all other related materials.
11.4 For signage on Project structures, facilities, vehicles and construction
sites, Grantee shall use the phrase, "Funded in part by [Metro logo]" or "Your tax dollars at
work [Metro logo]" or alternative acceptable language. Further guidance on acknowledging
LACMTA contribution is provided in the Communications Materials guidelines available from
the LACMTA Communications Division.
11.5 Grantee shall notify the LACMTA Chief Communications Officer or its
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.
11.6 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.
11.7 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 11.
12. OTHER TERMS AND CONDITIONS:
12.1 This MOU, along with its Attachments and the Guidelines, constitutes
the entire understanding between the parties, with respect to the subject matter herein. The
MOU shall not be amended, nor any provisions or breach hereof waived, except in writing
signed by the parties who agreed to the original MOU 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 MOU as though fully set forth herein.
12.2 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 MOU. Equipment acquired
as part of the Project, including office equipment, transit 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.
12.3 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 MOU, 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.
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12.4 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
MOU. 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) misuse of the Funds by Grantee, or its officers, agents, employees,
contractors or subcontractors; (ii) breach of Grantee's obligations under this MOU; 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 MOU.
12.5 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
MOU.
12.6 Grantee shall comply with and insure that work performed under this
MOU 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.
12.7 Grantee agrees that the applicable requirements of this MOU and the
Guidelines shall be included in every contract entered into by Grantee or its contractors
relating to work performed under this MOU and LACMTA shall have the right to review and
audit such contracts.
12.8 Grantee shall not assign this MOU, 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.
12.9 This MOU shall be governed by California law. If any provision of this
MOU 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.
12.10 The covenants and agreements of this MOU shall inure to the benefit of,
and shall be binding upon, each of the parties and their respective successors and assigns.
Rev: 02.01.10 12 MOU Local Agreement Prop C
FTIP #: LAF3110
CFP #F3110
MOU.P00173110
12.11 If any software/ Intelligent Transportation Systems ( "ITS ") is developed
with the Funds and if Grantee ceases to use the software /ITS for public purposes or Grantee
sells, conveys, licenses or otherwise transfers the software /ITS, LACMTA shall be entitled to a
refund or credit, at LACMTA'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.
12.12 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 / projects_ studies/ call .projects /other —resources.htm.
12.13 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 vvww.metro.net /projects studies/ call,projects /other_resources.htm.
12.14 Grantee will advise LACMTA prior to any key Project staffmg changes.
12.15 Notice will be given to the parties at the address specified in Part I,
unless otherwise notified in writing of change of address.
12.16 Grantee in the performance of the work described in this MOU 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: 02.01.10 13 MOU Local Agreement Prop C
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FTIP #: LAF3110
ATTACHMENT C
SCOPE OF WORK
BALDWIN AVENUE & DUARTE ROAD
INTERSECTION CAPACITY IMPROVEMENTS
CITY OF ARCADIA
Project Location
CFP# F3110
MOU.POOF3110
This project is located at the intersection of Baldwin Avenue and Duarte Road and is
completely within the City of Arcadia. The project directly involves the intersection traffic
flow deficiency involving the volume of left turn movements at the intersection of
Baldwin Ave & Duarte Rd. The project limits are on Duarte Road from 400 feet west
of Baldwin Ave. to 200 feet east of Baldwin Avenue.
On Streets Baldwin Avenue and Duarte Road
Limits 400 feet west of to 200 feet east of intersection
Map of project location
Rev: 12.15.08 1 PROJECT STUDY REPORT EQUIVALENT
FTIP #: LAF3110
Project Description
CFP# F3110
MOU.POOF3110
This project reconstructs /widen the intersection of Baldwin Avenue and Duarte Road
by adding a second left -turn lane for the eastbound approach of Duarte Rd and
realigning the through lanes, left -turn lanes and channelization. The project includes
street widening on Duarte Road of a net width of ten feet west of Baldwin Ave. (six
feet on the north and four feet on the south) and four feet east of Baldwin Ave. The
required improvements will be completed mostly within the existing right -of way
with the exception of approximately 10 -feet of widening west of Baldwin Ave. The
City is working with the adjacent property owner to the southwest of the Baldwin
Avenue and Duarte intersection to determine the extent of the acquisition. The right -
of -way widening will be in line with the overall dedication along Duarte Road that
currently exists which, if required, the property owner will sign over to the City.
The project also includes traffic signal modifications and improvements,
reconstruction of a bus pad and a loading zone turnout, and pedestrian sidewalk
improvements
The funds for this project includes design, right of way, and construction costs.
Rev: 12.15.08 2 PROJECT STUDY REPORT EQUIVALENT
FTIP #: LAF3110
Schedule
The following is tentative project schedule:
CFP# F3110
MOU.POOF3110
Milestone
Start
Complete
Begin Design Engineering
01/01/2012
05/01 /2012
Completion of Plans, Specifications, and Estimates
05/01/2012
03/01/2013
Start Right-of-Way Acquisition
01/01/2012
05/01/2012
Ri ht-of-Way Certification
04/01/2012
08/01/2012
Ready to Advertise
01/01/2013
03/01/2013
Start Construction Contract Award
03/01/2013
07/01/2013
Project Completion
07/01/2013
11/01/2013
Cost Estimate
Project Component Costs
Start Environmental Studies
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, & Estimates
Start R/W Acquisition
R/W Certification
Ready to Advertise
Start Construction (award)
Project Completion (open for use)
Complete
Exempt
Exempt
Qtr. 01, 2012
Qtr. 02, 2012
Qtr. 01, 2012
Qtr. 03, 2012
Qtr. 01, 2013
Qtr. 02, 2013
Qtr. 04, 2013
Rev: 12.15.08 3 PROJECT STUDY REPORT EQUIVALENT
METRO REQUESTED $
TOTAL $
Environmental
Complete
Complete
Design Eng
$ 46,250
$ 92,500
R/W
$ 40,000
$ 80,000
Right of Way
$ 25,000
$ 50,000
Construction
$ 509,891
$1,019,782
Overhead
$ 46,250
$ 92,500
Total
$ 627,391
$1,334,782
Proposed Schedule*
Quarter & Year
Start Environmental Studies
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, & Estimates
Start R/W Acquisition
R/W Certification
Ready to Advertise
Start Construction (award)
Project Completion (open for use)
Complete
Exempt
Exempt
Qtr. 01, 2012
Qtr. 02, 2012
Qtr. 01, 2012
Qtr. 03, 2012
Qtr. 01, 2013
Qtr. 02, 2013
Qtr. 04, 2013
Rev: 12.15.08 3 PROJECT STUDY REPORT EQUIVALENT
MOU ATTACHMENT D
Quarterly Progress/ Expenditure Report (Attachment D1) is required for all projects. The
Grantee shall be subject to and comply with all applicable requirements of the funding
agency regarding project - reporting requirements. In addition, Grantee will submit a
quarterly report to the LACMTA at 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 Quarterly Progress/ Expenditure Report covers all activities related to the project and
lists all costs incurred. It is essential that Grantee provide complete and adequate
response to all the questions. The expenses listed must be supported by appropriate
documentation with a clear explanation 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.
a 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 Call for Projects Recertification process and the Funds may be
deobligated and reprogrammed by the LACMTA Board.
® The Quarterly Progress/ 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
Report Due Date
July — September November 30
October - December February 28
January - March May 31
April - June August 31
Upon completion of the Project a final report that includes project's final evaluation must be
submitted.
Rev: 12.15.08 1 MOU Local Attachment D Admin Guidelines
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.
• 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.
• 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.
Rev: 12.15.08 2 MOU Local Attachment D Admin Guidelines
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 far State and
Local Governments; and A -122 Cost Principals for Nonprofr't Organizations
In- eligible Expenditures: Any activity or expense charged above and beyond the approved
Scope -of -Work is considered in eligible.
Rev: 12.15.08 3 MOU Local Attachment D Admin Guidelines
Invoice #
QUARTERLY PROGRESS J EXPENSE REPORT I Invoice Date
IMOU#
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 report and include totals in this Section.
LACMTA Grant
Local Match (Incl.
In -Kind)
Local Match
Total
e . -
7
s
This Quarter Expenditure
Retention Amount
Net Invoice Amount (Less
Retention)
Project-to-Date Expenditure
Funds Expended to Date
(Include this Quarter)
Total Project Budget
% of Project Budget
Expended to Date
Balance Remaining
Rev: 12.15.08 1 MOU Attachment DI
PROJECT TITLE:
MOU #:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year: [-]2004-2005 ❑ 2005 -2006 R2006-2007
❑2007 -2008 R 2008 -2009 02009 -2010
Quarter: ❑Q1: Jul - Sep Q2: Oct -Dec
RQ3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
Freeway
RTDM
Transit
❑ RSTI Signal Synchronization
Bikeway ❑Pedestrian
TEA
LACMTA Area Team
Representative /
Project Mgr.
Name:
Area Team:
Phone Number:
e -mail:
Project Sponsor
Contact / Project
Manager
Contact Name:
Job Title:
Department:
City / Agency:
Mailing Address:
Phone Number:
e -mail:
Rev: 12.15.08 2 MOU Attachment D1
List all deliverables and milestones as stated in the MOU, with start and end dates. Calculate the total project duration. DO NOT
CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original MOU 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 MOU 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 MOU. PER YOUR MOU AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY
SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
F]On schedule per original MOU schedule ❑ Less than 12 months behind original schedule
❑Between 12 -24 months behind original schedule More than 24 months behind original schedule
B. Was the project design started within 6 months of the date originally stated in the MOU?
Yes [:] No n Not Applicable
C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
❑ Yes n No ❑ Not Applicable
Rev: 12.15.08 3 MOU Attachment Dl
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: 12.15.08 4 MOU Attachment D1
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by
an invoice and /or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on
page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the MOU
Attachment C, Scope of Work. Use additional pages if needed.
Notes:
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice
Number column of the Itemized Listing (above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213 - 922 -610;
ACH Request Forms can be found at wvvw.metro.net/califorprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213 -922
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature
Name
Date
Title
Rev: 12.15.08 5 MOU Attachment 131
Attachment E - FTIP Sheet
Los Angeles Metropolitan Transportation Authority
2011 Federal Transportation Improvement Program ($000)
Project Description: Intersection of Baldwin Avenue & Duarte Road. Imprvmts for the intersection of Baldwin Av & Duarte Rd. SCAG RTP Project #: 1AL04
Is Model: NO Model #:
Reconstruct/widen, add a second left -turn lane for eastbound approach of Duarte Rd to northbound Baldwin Ave.; and realign PM: Linda Hui - (626) 574 -5435
the through lanes, left -turn lanes and median channelization on Duarte Road. Traffic signal modifications, a bus pad and a Email: Ihui @ci.arcadia.ca,us
loading zone turnout reconstruction, and pedestrian sidewalk improvements are included.' LS: Y LS GROUP# LA11G3
Conformity Category: EXEMPT - 93.126
System Local Hwy Route: Postmile: Distance: Phase: No Project Activity Completion Date 06/30 /2014
Lane # Extd: Lane # Prop Impry Desc: Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT - 10/12/2009
Toll Rate. Toll Cole Loc Toll Method: Hov acs eg too: Uza: Los Angeles -Long Sub -Area: Other
Beach -Santa Ana
Program Code: NCRHt - INTERSECTION IMPROVEMENTS /CHANNELIZATION CTIPS ID: EA #: PPNO:
PHASE PRIOR 10/11 11/12 12/13 13/14 14/15 15/16 BEYOND TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $1,218
- General Comment: Project has not started.
Mdeling Comment:
• TCM Comment:
- Narrative: New Project
CITY:
► Add funds in 11112 in CON for $550
PC25:
► Add funds in 11/12 in CON for $117
► Add funds in 12/13 in CON for $551
Change reason:New project Total Cost $1,218
Page 1 Wednesday, October 19, 2011