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LACMTA No. LOA.P000F1506 (2009) • • Los Angeles County One Gateway Plaza 213.922.2000 Tel Metropolitan Transportation Authority Los Angeles,CA 90012-2952 metro.net Metro TIP#:LAF 1506 CFP#F1506 PPNO: N/A LOA.P000F1506 November 24, 2008 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Attn: James Bell RE: LETTER OF AGREEMENT FOR PROJECTS PROGRAMMED THROUGH THE LACMTA CALL FOR PROJECTS • Dear Sir/Madam: As part of the Los Angeles County Metropolitan Transportation Authority("LACMTA")2007 Call for Projects,the LACMTA Board of Directors, at its meeting on September 27, 2007, authorized the programming of funds to City of Rancho Palos Verdes("Project Sponsor")for Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South—LACMTA Call for Projects ID# F1506, TIP#LAF1506, (the"Project") subject to the terms and conditions contained in this Letter of Agreement("LOA"). The terms and conditions of this LOA consist of the following and each is incorporated by reference herein as if fully set forth herein: Specific Terms of the LOA, General Terms of the LOA, Attachment A-the Project Funding,Attachment B—intentionally omitted,Attachment C -the Scope of Work, Attachment D -Reporting&Expenditure Guidelines,Attachment D1 -Quarterly Progress Report,Attachment E- Federal Transportation Improvement Program (FTIP) Sheet, Attachment F- Special Conditions for the Project, Attachment G-Federal-Aid Project Implementation Procedures. 411) Rev: 08.06.08 1 LOA Federal Agreement CMAU RSTP e TIP#:1AFI506 CFP#F1506 PPNO: N/A 1.0A.P000FI506 1110 In the event of a conflict,the Special Conditions for the Project, if any, shall prevail over the Specific Terms of the LOA and the Specific Terms of the LOA shall prevail over the General Terms of the LOA. Please acknowledge your acceptance and agreement to the terms and conditions of this LOA by signing below. Very truly yours, Roger Snoble Chief Executive Officer Project Sponsor has read and understands the terms and conditions of this LOA, including all the attachments, and by signing below Project Sponsor hereby accepts and agrees to the terms of this LOA. • City of Rancho Palos Verdes By: By: :ell Larry C k 'ublic Works Director Mayor Date: aefewL. 3 ° 2,saca Date: • Rev: 08.06.08 2 LOA Federal Agreement CMAQ RSTP • TIP#:LAF1500 CFP#F1506 PPNO: N/A LOA.P000FI506 1110 CALL FOR PROJECTS LETTER OF AGREEMENT PART I SPECIFIC TERMS OF THE LOA 1. Title of the Project(the "Project"): Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South-LACMTA Call for Projects ID#F1506,TIP#LAF 1506. 2. Amount of Funds Programmed(the "Funds"): LACMTA Board of Directors' action of September 27, 2007,programmed$630,000(the"Funds")to Project Sponsor for the Project. The LACMTA funding plan reflects the programming of Funds over 2 years, Fiscal Years (FY)2008-09, FY 2010-11. LACMTA Board of Directors' action recertified the Funds for FY 2008-09 only in the amount of$56,000. LACMTA Board of Directors' action will be required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being obligated by Project Sponsor. 3. The Funding Agency for this Project(the"Agency")is CALTRANS. The Programming Agency for this Project is LACMTA. 4. The"Project Funding"documents all sources of funds programmed for the Project as • approved by LACMTA and is attached to this LOA as Attachment A. The Project Funding includes the total programmed budget for the Project, including the Funds programmed by LACMTA and the Project Sponsor Funding Commitment(local match). The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. 5. Project Sponsor shall complete the Project as described in the Scope of Work. The"Scope of Work"for the Project is attached to this LOA as Attachment C. The Scope of Work includes a general description of the Project and a detailed description of the work to be completed. The Scope of Work also includes a set schedule including Project milestones consistent with the lapsing policy described in Part II below. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. 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 TIP document. The FTIP PROJECT SHEET(PDF) can be found in ProgramMetro (The Los Angeles Transportation Improvement Program (TIP)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 TIP as the TIP includes locally funded regionally significant projects for information and air quality modeling purposes. Project Sponsor shall review the Project in ProgramMetro each year and update or correct Project as necessary during a scheduled TIP amendment or adoption. Project Sponsor will be notified of amendments and 4111/ adoptions to the TIP via e-mail. Changes to the TIP through ProgramMetro should be made as soon as possible after Project Sponsor is aware of any changes to the Project,but no later Rev: 08.06.08 3 LOA Federal Agreement CMAQ RSTP • TIP#:lAFI506 CFP#F1506 PPNO: N/A l0A.P000FI506 411 than October 1 of the year the change or update is made. Should Project Sponsor fail to meet this date, it may affect Project Sponsor's ability to access funding,delay the Project and may ultimately result in the Funds being lapsed. 7. Special Conditions for the Project, if any, are attached to this LOA as Attachment F. 8. Prior to the obligation of the Funds,no material changes to the Project Funding or the Scope of Work shall be funded or allowed without prior written approval of LACMTA and Project Sponsor. Such prior approval shall be evidenced by an amendment to this LOA, approved and signed by the LACMTA Chief Executive Officer or his designee and Project Sponsor. After the Funds have been obligated,no material changes will be allowed. 9. LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles,CA 90012 Attention: Kathleen McCune(MS: 99-22-3) mccunek@metro.net 10. Project Sponsor's Address: City of Rancho Palos Verdes 30940 Hawthorne Blvd. • Rancho Palos Verdes, CA 90275 Attention: James Bell publicworks@rpv.com 410 Rev: 08.06.08 4 LOA Federal Agreement CMAll RSTP 0 • TIP#:LAFI506 CFP#F1506 PPNO: N/A LOA.P000FI506 IIPART II GENERAL TERMS OF THE LOA 1. PAYMENT OF FUNDS: Project Sponsor understands and agrees that LACMTA provides no Funds under this LOA and LACMTA shall have no responsibility or obligation to provide any Funds for the Project. Project Sponsor shall receive the Funds directly from the Agency pursuant to a separate agreement with the Agency. Project Sponsor shall submit to the Agency the appropriate invoices in the form,manner, and schedule specified by the applicable requirements of the Agency. Project Sponsor cannot be reimbursed for any cost incurred without prior authorization from the Agency. Project Sponsor shall be subject to, and comply with, all applicable requirements of the Agency and of LACMTA as required by LACMTA to fulfill its responsibilities as the programming agency. The allowability of expenditures,the cost reimbursement schedule, eligibility issues,resolution of disputes, and all other issues relating to this LOA shall be subject to the rules,regulations, and requirements of the Agency and LACMTA as the programming agency. 2. TERM. 2.1 The term of this LOA shall commence upon the date of this LOA, and shall terminate upon completion of the Scope of Work and LACMTA's receipt of Caltrans' final voucher paid for the Project. 4111 2.2 Prior to the obligation of the Funds, should LACMTA determine there are insufficient Funds available for the Project, LACMTA may terminate this LOA by giving written notice to Project Sponsor at least thirty(30) days in advance of the effective date of such termination. 3. USE OF FUNDS: 3.1 Project Sponsor shall utilize the Funds to complete the Project as described in the Scope of Work and as approved by LACMTA and in accordance with the applicable requirements of the Agency. 3.2 The Funds, as programmed under this LOA, can only be used towards the completion of the Scope of Work originally adopted by LACMTA unless modified by an amendment to this LOA. Project Sponsor shall also be subject to and comply with all applicable requirements of the Agency administering this Project. 1111 Rev: 08.06.08 5 LOA Federal Agreement CMAU RSTP TIP#:LAFI506 CFP#FI506 PPNO: N/A l0A.P000FI506 • 4. REPORTING AND AUDIT REQUIREMENTS: 4.1 Project Sponsor shall be subject to and comply with all applicable requirements of the Agency regarding Project reporting and audit requirements. Project Sponsor shall use the Transportation Improvement Program ("TIP")No., Expenditure Authorization ("EA")No., and LACMTA Call for Projects Project ID#on all correspondence. 4.2 Since the Project is funded exclusively with Federal funds and contains no LACMTA local funding, LACMTA has no audit responsibilities for this Project. Project Sponsor shall comply with all Agency compliance,pre-award and performance audit requirements as deemed necessary to assure that funding expenditures conform to all applicable Project funding guidelines, laws and regulations. LACMTA, as the programming agency, shall have the right, at its sole discretion, to audit the Project for compliance with the terms of this LOA and to assure that funding expenditures conform to the terms of this LOA. LACMTA shall have the same audit rights as the Agency to audit the Project. 4.3 Project Sponsor shall submit the Quarterly Progress Report within 60 days after the close of each quarter on the last day of the months November, February, May and August. Annually with the 4th quarter Progress Report, Project Sponsor also shall submit photos of key components and milestones demonstrating Project progress or completion. 5. EXPENDITURE AND DISPOSITION OF FUNDS: • 5.1 The expenditure and disposition of the Funds by Project Sponsor shall be subject to and in accordance with the terms and conditions of this LOA and the applicable requirements of the Agency. Project Sponsor shall not utilize the Funds in any other way or on any project other than that specified in this LOA and the applicable requirements of the Agency. 5.2 Project Sponsor shall be responsible for any and all cost overruns for the Project. 5.3 Project Sponsor shall be eligible for the Funds up to the programmed amount specified in Part I, Section 2 of this LOA subject to the terms and conditions contained herein and in all applicable requirements of the Agency. 5.4 Subject to the requirements and regulations of the Agency, and to the extent allowed by the Agency, any underruns to the funds shown in Attachment A shall be apportioned between LACMTA and Project Sponsor in the same proportion as the Sources of Funds from each party to this LOA as specified in Attachment A to this LOA. Upon completion of the Project described in the Scope of Work and subject to the requirements and regulations of the Agency, and to the extent allowed by the Agency, any unused obligation of the Funds shall revert back to LACMTA for future programming at LACMTA's discretion. 5.5 The programming of the Funds does not imply nor obligate any future 410 funding commitment on the part of LACMTA or the Agency. Rev: 08.06.08 6 LOA Federal Agreement CMAQ RSTP 4110 • TIP#:LAF1506 CFP#FI506 PPNO: N/A l0A.P000FI506 6. - TIMELY USE OF FUNDS/REPROGRAMMING OF FUNDS: 6.1 Project Sponsor must demonstrate timely use of the Funds by: (i) executing this LOA within ninety(90) days of receiving formal transmittal of the LOA from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed,whichever date is later; and (ii) obligating the Funds programmed under this LOA for allowable costs within 36 months from July 1 of the first Fiscal Year in which the Funds are programmed. All Funds programmed for FY 2008-09 are subject to lapse on June 30,2011. All funds programmed for FY 2010-11 are subject to lapse on June 30, 2013. If Project Sponsor 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. 6.2 Project Sponsor must demonstrate evidence of timely use and obligation of Funds programmed for the Project within the time period described in Part H, Section 6.1 of this LOA. Evidence of timely obligation will be either an executed "Authorization To Proceed" document(Caltrans Version E-76). • 6.3 In the event this LOA is not executed and/or evidence of timely obligation of Funds is not provided as described in Part II, Sections 6.1 and 6.2 of this LOA,the Project will be reevaluated by LACMTA as part of the 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 Project Sponsor does not complete one element of the Project, as described in the FTIP Sheet,due to all or a portion of the Funds lapsing,the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event the Funds are reprogrammed,this LOA shall automatically terminate without further action by either party. 7. SOURCES AND DISPOSITION OF FUNDS: 7.1 The obligation for LACMTA to program the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors, the United States Government or the State of California, as applicable. If such Funds are not made available for the Project, this LOA shall be void and have no further force and effect, and LACMTA shall have no obligation to program the Funds for the Project, unless otherwise agreed to in writing by LACMTA. 7.2 Project Sponsor shall fully fund and contribute the Project Sponsor 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, Project Sponsor 41111 agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project. Rev: 08.06.08 7 LOA Federal Agreement CMAQ RSTP 0 40 TIP#:LAFI506 CFP#F1506 PPNO: N/A LOA.P000FI506 • 8. COMMUNICATIONS: 8.1 Project Sponsor shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project. Project Sponsor shall ensure that at a minimum,all Communications Materials shall include (i)the phrase"This project was partially funded by LACMTA"or alternative acceptable minimum language; and(ii)the Metro logo,with the exception of press releases,which do not require a Metro logo. 8.2 If Project Sponsor produces any Communication Materials that do not contain the information set forth in Section 8.1 above, Project Sponsor must provide an opportunity for the prior review and written comment by the Chief Communications Officer of LACMTA or its designee before such materials can be produced. If Project Sponsor does not receive a response from LACMTA Communications within seven (7)working days from the day of receipt by LACMTA Communications staff,Project Sponsor may proceed with producing the Communications Materials as proposed. 8.3 For purposes of this LOA, "Communications Materials"include,but are not limited to,literature,newsletters,publications,websites, advertisements,brochures,maps, information materials, video,radio and public service announcements,press releases,press event advisories, and all other related materials. • 8.4 For signage on Project structures, facilities,vehicles and construction sites, Project Sponsor 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. 8.5 Project Sponsor 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. 8.6 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. 8.7 Project Sponsor 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 8. • Rev: 08.06.08 8 LOA Federal Agreement CMAO RSTP TIP#:LAFI506 CFP#F1506 PPNO: N/A LOA.P000F1506 • 9. OTHER TERMS AND CONDITIONS: 9.1 This LOA, along with the applicable requirements of the Agency, constitutes the entire understanding between the parties,with respect to the subject matter herein. The LOA shall not be amended,nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original LOA or the same level of authority. 9.2 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 LOA, or the applicable requirements of the Agency,to protect or establish any rights or remedies hereunder,the prevailing party shall be entitled to its costs and expenses,including reasonable attorneys'fees. 9.3 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 Project Sponsor under or in connection with any work performed by and or service provided by Project Sponsor,its officers, agents, employees, contractors and subcontractors under this LOA. Project Sponsor 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 Project Sponsor,or its officers, agents,employees, contractors or subcontractors; (ii)breach of Project Sponsor's obligations under this LOA; or(iii)any act or omission of Project Sponsor,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 LOA. 9.4 Neither party hereto shall be considered in default in the performance of its obligations 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 LOA. 9.5 Project Sponsor shall comply with and insure that work performed under this LOA is done in compliance with Federal Agency Regulations (FAR), Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances,rules,regulations, and procedural requirements and the applicable requirements and regulations of the Agency and LACMTA. 9.6 Project Sponsor shall not assign this LOA, or any part thereof,without written consent and prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. • 9.7 This LOA shall be governed by California law. If any provision of this LOA Rev: 08.06.08 9 LOA Federal Agreement CMAU RSTP 0 0 TIP#:LAFI506 CPA F1506 PPNO: N/A l0A.P000FI506 0 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. 9.8 The terms of this LOA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 9.9 If any software/Intelligent Transportation Systems ("ITS") is developed with the Funds and if Project Sponsor ceases to use the software/ITS for public purposes or Project Sponsor 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 Project Sponsor reinvests the proceeds of such sale, conveyance, license or transfer into the Project to offset operating or systems management costs. 9.10 If applicable, implementation of any ITS project shall be consistent with the Regional ITS Architecture. ITS projects must comply with LACMTA's 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. 9.11 If any parking facilities are designed and/or constructed using the Funds, Project Sponsor shall coordinate with LACMTA parking program staff in the planning, design I) and management of the facility and shall ensure that its implementation is consistent with LACMTA-adopted parking policy. 9.12 Project Sponsor agrees that the disposal of property purchased with the Funds shall be disposed of in accordance with the Agency's guidelines. 9.13 Notice will be given to the parties at the address specified in Part I,unless otherwise notified in writing of change of address. 9.14 Project Sponsor in the performance of the work required by this LOA is not a contractor nor an agent or employee of LACMTA. Project Sponsor 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. Project Sponsor shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 9.15 Project Sponsor shall notify LACMTA in advance of any key Project staffing changes. • Rev: 08.06.08 10 LOA Federal Agreement CMAQ RSTP • ATTACHMENT A - OJECT FUNDING TIP#: LAF1506 CFP#: F1506 PPNO: N/A FEDERAL GRANT AGREEMENT LOA. P000F1506 CFP# F1506 PROJECT TITLE: Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South GRANTEE/ PROJECT SPONSOR: City of Rancho Palos Verdes LETTER OF AGREEMENT NO: LOA.P000F1506 ($ in Actual Dollars) (LACMTA Programmed Funding and Sponsors Match Only) t. PROGRAMMED ;'1':0;'08 FY 2000-09 FY FUNDS ., .:s. y' FY 2011-12 � 012-1_31, - • LACMTA PROGRAMMED FUNDING: Federal (CMAQ)Congestion Mitigation and Air Quality Program -PA& ED -PS&E 56,000 56,000 7.1% -RAN -Construction 574,000 574,000 72.8% LACMTA SUBTOTAL 630,000 79.9% GRANTEE/SPONSOR MATCH: Grantee Funding Commitment(specify type) City General Fund -PA& ED • -PS&E 14,000 14,000 1.8% -R/W -Construction 144,000 144,000 18.3% Note:You can not match Federal with Federal GRANTEE ! PROJECT SPONSOR MATCH SUBTOTAL 158,000 20.1% TOTAL PROJECT FUNDING $70,000 $718,000 $788,000 100.0% 788,000 Rev:08.06.08 LOA Attachment A-Federal 411/ Attachment C Scope of Work • Bike Compatible Roadway Safety and Linkage on Palos Verdes Dr South # F1506 LOCATION The Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South is located in the City of Rancho Palos Verdes, on Palos Verdes Drive South from Narcissa Drive and ending at Schooner Drive as shown on the attached vicinity map. This is an east-west corridor of travel. The right-of-way is owned by the City of Rancho Palos Verdes. PROJECT DESCRIPTION The Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South, consists of the design and construction of a 5-foot wide bicycle facility constructed as part of the roadway linkage, on each side of the public right-of-way for a length of 1.3 miles and will include an unpaved shoulder for emergency use. The Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South will be 5 feet wide on both sides of the right of way. This Project includes grading, signage (share the road and bike route designations), striping, removal of half round CMP (corrugated metal pipe) and paving. The project is part of the Palos Verdes Peninsula Regional Bikeway network connecting the City of Rancho Palos Verdes to the City of Palos Verdes Estates and the City of San Pedro. Destinations and activity centers are: Trump National Golf Course, Point Vicente Interpretive Center, Abalone Cove, Shoreline Park and Portuguese Bend Preserve. This Bike Compatible Roadway will be a link on the existing bike route along Palos Verdes Drive South, between Narcissa Dr and Schooner Dr. The above mentioned activity centers are along the road and are accessible to cyclists and motorist. The Design, Preparation of Plans, Specifications and Estimates (PS&E) will be completed in accordance with Federal, State and Metro standards. The design of the bikeways will be in conformance with: MUTCD, California MUTCD Supplement, State of California Department of Transportation Highway Design Manual on Bikeway Facilities (Chapter 1000); the Federal Americans with Disabilities Act (ADA); and MTA Rights-of-Way Preservation Guidelines. The City of Rancho Palos Verdes has responsibility for the following milestones: Milestones for Project Tracking Begin Date End Date Duration (months) Execute LOA, Caltrans Field Review, Caltrans Authorization 11/2008 03/2010 16 to Proceed. Environmental Review. Preliminary Design 03/2010 11/2010 8 Acquisition (if applies) N/A N/A 0 Bid package (final design, specifications, cost estimate) 12/2010 05/2011 6 Advertise/award construction contract 11/2011 01/2012 2 Construction 01/2012 07/2012 6 Project completion report (final invoices &report) 08/2012 12/2012 4 LOA Expiration Date 06/2013 06/2013 0 4111 Page 1 of 3 - 0 • Attachment C Scope of Work illBike Compatible Roadway Safety and Linkage on Palos Verdes Dr South # F1506 Detailed Schedule* Task Begin End Duration Schedule sequentially Month 1 Year Month/Year (months) • Develop LOA Attachments w/Metro 11/2008 02/2009 3 • Sponsor& Metro CEO signs LOA 02/20091 03/2009 1 au • Schedule & Conduct Field Review with Caltrans (Metro 03/2009 06/2009 3 u) attends) a • Submit to Caltrans: "Request for Authorization to Proceed To with Preliminary Engineering," executed LOA, Request for Concurrent dAuthorization Data Sheet, Local programs Agreement(See w/ Field E Local Assistance Procedures Manual for required forms). Review o -` Copies to Metro Project Manager. —y • CTC (California Transportation Committee approves) w • Environmental Clearance/Preliminary Engineering 06/2009 03/2010 9 • Submit paperwork to Caltrans for Authorization for Design 03/2010 08/2010 5 • CTC (California Transportation Committee approves) 08/2010 11/2010 3 0 • Caltrans must issue Notice to Proceed/Program 11/2010 12/2010 1 t Supplement Agreement E76 before starting design a. • Design _ 12/2010 05/2011 6 0) • Acquisition Needs Authorization to Proceed (See Local N/A N/A N/A 0 ,,,„ , Assistance Procedures Manual for required forms). if O applies. , • License Agreement w/MTA(if on Metro R/W) N/A N/A N/A • Right of Way Certification (Local Ass't Manual) • Permit applications (Local Ass't Manual) • Complete all pieces of PS&E/Bid Package 05/2011 06/2011 1 • Submit to Caltrans: "Request for Authorization to Proceed 06/2011 09/2011 3 with Construction" and all required documents (See Local u) Assistance Procedures Manual for required forms). a • CTC (California Transportation Committee approves) c • Caltrans must issue Notice to Proceed/Program 09/2011 12/2011 3 :.r Supplement Agreement E76 before advertising to bid (2-6 mos) (See Local Assistance Procedures Manual for crequired forms). o • Advertise Bid &Award Construction Contract 12/2011 01/2012 1 V • Construction 01/2012 07/2012 6 Fv-- • Report of Completion (See Local Assistance Procedures 08/2012 12/2012 4 O Manual for required forms). Contact Caltrans District Office before proceeding with any of the steps and to be reimbursed. Refer to CTC schedule in developing project schedule. 4111 Page 2 of 3 Attachment C Scope of Work • Bike Compatible Roadway Safety and Linkage on Palos Verdes Dr South # F1506 ESTIMATED PROJECT COSTS: Item # Item Description Quantity Unit Unit Cost Total Cost 1. Project Design 1 LS $51,270.23 $51,270.23 2. Construction Survey 1 LS $25,364.00 $25,364.00 3. Project Management/Construction Management 1 LS $44,861.46 $44,861.46 4. Inspection 1 LS $25,635.11 $25,635.11 Design Subtotal $147,130.80 5. Construction 5.1. Mobilization (5% Max) 1 LS $31,705.00 $31,705.00 5.2. Construction Area Signs 1 LS $6,341.00 $6,341.00 5.3. Traffic Control, Work Area Safety, and Project Phasing 1 LS $38,046.00 $38,046.00 5.4. Remove Existing AC Curb 13,636 LF $6.34 $86,452.24 5.5. Unclassified Excavation and Import Fill 1 LS $76,000.92 $76,000.92 5.6. Grading 1 LS $31,705.00 $31,705.00 5.7. AC Pavement 1500 TN $152.18 $228,270.00 5.8. Adjust Utility Access Cover to Grade 15 EA $317.05 $4,762.50 5.9. Relocate Existing Traffic Signs 10 EA $317.05 $3,170.50 5.10.Traffic Signs, Striping, and Marking 1 LS $12,682.00 $12,682.00 • 5.11.Removal and backfill of Half Round CMP Piping 1 LS $38,046.00 $38,046.00 5.12.Construction Contingency 15% $83,688.04 Construction Subtotal $640,869.20 Grand Total (Design and Construction) $788,000.00 • Page 3 of 3 • 411 LOA ATTACHMENT D REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES • Quarterly Progress 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 Project Manager. 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 dear 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, dear 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. • 4111 Rev: 08.06.08 1 LOA Attachment D Admin.Guidelines • 111111 EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope-of-Work (LOA 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 dearly 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 LOA, unless written authorization has been granted by the • LACMTA Chief Executive Officer or her designee. • The LOA 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: o Costs incurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights-of-way purchase, and construction management costs. o Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. o Donations of volunteer services dedicated to the project. o 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: 08.06.08 2 LOA Attachment D Admin.Guidelines . 0 9 • • 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. • III Rev: 08.06.08 3 LOA Attachment D Admin.Guidelines • Grantee To Complete LACMTA LOA ATTACHMENT D1 LOA# QUARTERLY PROGRESS REPORT Quarterly Report# GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO LACMTA PROJECT MANAGER Please submit Quarterly Progress Report with 60 days after the close of each quarter no later than November 30, February 28, May 31, and August 31. SECTION 1: GENERAL INFORMATION PROJECT TITLE: LOA#: QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Quarter; Q1: Jul - Sep Q2: Oct- Dec Q3: Jan - Mar Q4: Apr-Jun • (Attach photos of key components & milestones) DATE SUBMITTED: LACMTA MODAL CATEGORY: Freeway RSTI Signal Synchronization TDM Bikeway Pedestrian Transit TEA Name: LACMTA Area Team Area Team: Representative / Project Mgr. Phone Number: e-mail: Contact Name: Job Title: Project Sponsor Department: Contact/ Project City/Agency: Manager Mailing Address: Phone Number: e-mail: Rev: 08.06.08 1 LOA Attachment D1 , 0 0 • SECTION 2: Quarterly PROGRESS REPORT 1. Project-to-Date Expenditure % of Project Budget Expended to Date % of Project Completion 2. PROJECT COMPLETION A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) : 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 0 B. Was the project design started within 6 months of the date originally stated in the MOU? Yes No Not Applicable C. Was a construction contract or capital purchase executed within 9 months after completion of design /specifications? Yes No Not Applicable 3. TASKS / MILESTONES ACCOMPLISHED List tasks or milestones accomplished and progress made this quarter. • Rev: 08.06.08 2 LOA Attachment D1 • 1110 4. PROJECT DELAY If project is delayed, describe reasons for delay(this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter." 5. ACTION ITEMS TO RESOLVE DELAY If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay. 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: 08.06.08 3 LOA Attachment D1 Attac nt E • • Los Angeles Metropolitan Transportation Authority 2008 Federal Transportation Improvement Program ($000) TIP ID LAF1506 Implementing Agency Rancho Palos Ver SCAG RTP Project#: Project Title Bike Compatible Rdwy Safety and Linkage on Palos Verdes Dr.The Project will have a Class II bike lane PPNO: on both sides of Palos Verdes Drive South, with an unpaved shoulder for emergency use. EA Number. Project Description SCAG Model#: Bike Compatible Rdwy Safety and Linkage on Palos Verdes Dr. The Project will have a Class II bike System Route Postmile lane on both sides of Palos Verdes Drive South,with an unpaved shoulder for emergency use. Local Hwy Fund Engineering Right of Way Construction Total Program Code 10/11 CMAQ-Congestion Mitigation Air Quality $56 $56 NCR26-BICYCLE FACILITY-NEW 11/12 CMAQ-Congestion Mitigation Air Quality $574 $574 08/09 CITY-City Funds $14 $14 Enviromental Document • CATEGORICALLY EXEMPT- 11/01/2007 09/10 CITY-City Funds $144 $144 Conformity Category $70 $0 $718 $788 TCM Air Basin SCAB Project Completion Date 10/09/2014 Current Impementation Status No Project Activity- 10/09/2007 Project Manager Jim Bell-(310)544-5252 Last Modified By Herman S. J. Cheng on 02/07/2008 Change Reason: New project Narative: Total Cost $788 Last Revised Adoption 08-00-SCAG PENDING Monday,November 24,2008 0 0 TIP#: LAF1506 CFP#F1506 PPNO: N/A LOA.P000F1506 ill ATTACHMENT F Special Conditions for Bikeway Projects 1. Maintenance Agreement: The Project Sponsor shall maintain all bikeway and landscaping improvements for the life of the project at its expense. The Project Sponsor shall implement a Pavement Management System (PMS) for Class I bikeways within its jurisdiction. 2. Submittals to Caltrans: The Project Sponsor shall comply with all Grant obligations, including without limitations, preparing and meeting all Caltrans requirements for federally funded projects. 3. Community Concerns: The Project Sponsor shall be responsible for addressing any community concerns and questions relating to the bikeway or landscaping and maintenance, relocation or removal of same. 4. Life of Project: The project shall be designated for bicycle use for a minimum of 20 years after completion of construction to comply with TEA guidelines. ill 4110 Rev: 01.16.08 1 MOU Attachment G Special Conditions t ! TIP#: LAF1506 CFP#F1506 PPNO: N/A LOA.P000F1506 41110 Attachment G FEDERAL-AID PROJECT IMPLEMENTATION PROCEDURES http://www.dot.ca.gov/hq/LocalPrograms/ Note: The following documents are to be submitted. However, local agencies are recommended to refer to the Local Assistance Procedures Manual (LAPM) and Local Assistance Program Guidelines (LAPG) for further information and updates. Request to Initiate a Federally Funded Project 1. Copy of Approved FTIP sheet 2. Copy of MOU or LOA with LACMTA (for TEA projects). 3. Field Review Form (Exhibit 7B of LAPM) 4. Preliminary Environmental Assessment Form (PES) (Exhibit 6A of LAPM) Note: Caltrans District Local Assistance will then create federal-aid project and Expenditure Authorization numbers. Also, every agency must have the approval of Exhibit 9-B of LAPG (DBE Annual Submittal Form) in order to request for • authorization of federal funds. Request for CTC's Allocation(for STIP projects only) 1. Evidence of TE eligibility from TEA Coordinator (for TEA projects only) 2. Project Nomination Fact and Funding Sheet (Exhibit 23-G of LAPG) 3. Finance Letter (Exhibit 23-D of LAPG) 4. Request for Funding Allocation (Exhibit 23-0 of LAPG) 5. Funding Allocation Checklist (Exhibit 23-N of LAPG) G. Environmental Clearance Document (NEPA and CEQA) for Design and Construction phases but not Environmental Process phase 7. Copy of the current FTIP Request for Authorization for Preliminary Engineering (PE) 1. Request for Authorization to Proceed with PE (Exhibit 3A of LAPM) 2. Request for Authorization Data sheets (Exhibit 3E of LAPM) 3. Project Prefix Checklist (Exhibit 3L of LAPM)) 4. Finance Letter (Exhibit 30 of LAPM)) 5. Environmental Clearance Document (NEPA) for Design phase not the Environmental Process phase Note: The portion of PE work done prior to authorization is ineligible for federal 411 participation. The Master Agreement (if needed) and the Supplemental Agreement will be prepared upon authorization of the project. Invoices will be accepted only 1 TIP#: LAF1506 CFP#F1506 PPNO: N/A LOA.P000F1506 • after execution of all these agreements. If project is whithin State Right of Way, Caltrans Encroachment permit must be obtained before the Request to Proceed with Construction and in some cases,before the Request to Proceed with PE,when a "survey"type permit may be required. Request for Authorization for Right of Way(R/W) 1. Request for Authorization to Proceed with R/W (Exhibit 3B of LAPM) 2. Project Prefix Checklist (Exhibit 3L of LAPM) 3. Finance Letter (Exhibit 30 of LAPM) 4. Request for Authorization Data Sheets (Exhibit 3E of LAPM) 5. Approved Environmental Document (if not previously submitted) Request for Authorization for Utility Relocation 1. Request for Authorization to Proceed with Utility Relocation (Exhibit 3C of LAPM) 2. Project Prefix Checklist (Exhibit 3L of LAPM) 3. Finance Letter (Exhibit 30 of LAPM) 4. Request for Authorization Data Sheets (Exhibit 3E of LAPM) 5. Approved Environmental Document (if not previously submitted) 6. Request for Specific Authorization (Exhibit 14K of LAPM) 7. Fully Executed Utility Agreement • Request for Authorization to Proceed with Construction 1. Approved Environmental Document (if not previously submitted) 2. R/W Certification (LAPM Chapter 13 of LAPM) 3. PS&E Certification (Exhibit 12C of LAPM) 4. PS&E Checklist (Exhibit 12D of LAPM) 5. Request for Authorization to Proceed with Construction (Exhibit 3D of LAPM) 6. Project Prefix Checklist (Exhibit 3L of LAPM) (if not previously submitted) 7. Preliminary Engineer's Estimate 8. Finance Letter (Exhibit 30 of LAPM) 9. Request for Authorization Data Sheets (Exhibit 3E of LAPM) 10. Local Agency Construction Contract Administration Checklist (Exhibit 15A of LAPM Note: The local agency shall not advertise the project until they receive the authorization to proceed with construction. Every local agency must also have Quality Assurance Program (QAP)- LAPM, Chapter 16.14, before advancing to the Construction Phase. • 2 TIP#: LAF1506 CFP#F1506 PPNO: N/A LOA.P000F1506 Advertise and Award Project 1. Date work is scheduled to start 2. Resident Engineer Contract Administration Checklist (Exhibit 15B of LAPM) 3. Local Agency Project Advertise Checklist (Exhibit 15C of LAPM) 4. Bid Tabulation Summary Sheet (Exhibit 15D of LAPM) 5. National Highway System Bid Tabulation Data (Exhibit 15E of LAPM) 6. Bid Price Data (Exhibit 15F of LAPM) 7. Local agency Bidder DBE Information (Exhibit 15G of LAPM) 8. Local Agency Contract Award Checklist (Exhibit 15L of LAPM) 9. Detail Estimate and Detail Summary (Exhibit 15M of LAPM) 10. Local Programs Agreement Checklist (Exhibit 4A of LAPM) 11. Finance Letter (Exhibit 15N of LAPM) 12. As Advertised PS&E with all Addenda, if any 13. Copy of executed contract 14. List of contractor's material source Note: Local Agency may start to invoice Caltrans after Program Supplement is executed and work has already started. The progress invoices are sent directly to Caltrans Accounting Services in Sacramento. Final Invoices are sent to the Office of Local Assistance in Los Angeles. (LAPM, Chapter 5). 41111 Completion letion P 1. Cover Letter and Report of Expenditures Checklist (Exhibit 17A of LAPM) 2. Final Inspection of Federal Aid Projects (Exhibit 17B of LAPM) 3. Final Inspection Form (Exhibit 17C of LAPM) 4. Final Invoice (Exhibit 17D of LAPM) S. Final Detail Estimate (Exhibit 15M of LAPM) 6. Change Order Summary (Exhibit 17E of LAPM) 7. Date of Completion 8. Liquidated Damages and Contractor's Claim (LAPM, Chapter 16) 9. Final Report, Utilization of DBE and WBE (Exhibit 17F of LAPM) 10. Materials Certificate (Exhibit 17G of LAPM) 11. Form FHWA-47 (Exhibit 17H of LAPM) 12. Cover Letter and Report of Completion of Structures on Local Streets and Roads, if applicable, (Exhibit 17I/J of LAPM) 13. Report of Completion of Right of Way Expenditures, if applicable, (Exhibit 17K of LAPM) 14. DBE Certification Status (Exhibit 17-0 of LAPM) 110 3