CITY OF
LONG
August 2, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Department of Public Works
411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802 (562) 570-6383
R-31
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $2,716,524, offset by Proposition C funds from the Los Angeles County Metropolitan Transportation Authority; and,
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $2,716,524, offset by transfer of the Los Angeles County Metropolitan Transportation Authority Proposition C funds from the Capital Grant Fund. (District 1)
DISCUSSION
City Council approval is requested to increase appropriations for the 1st Street Pedestrian Gallery Project (Project).
The Los Angeles County Metropolitan Transportation Authority (Metro) awarded the City of Long Beach (City) funding for the Project as part of Metro's 2015 Call for Projects. The grant agreement was executed on April 1, 2022 under the authority of Resolution No. RES-07-0097, which was approved by the City Council on July 10, 2007. This approval also formalized the terms and conditions of the administration of State and Federal projects and the Master Agreement specified each agency's role regarding the funding. The proposed Project seeks to improve the pedestrian experience for the public, including transit riders, visitors, and local commuters. Funding is also proposed to adaptively reuse the Blue Line Rail Car #100 (Blue Line Car) for future activation.
The Project proposes to enhance the public realm through the re-envisioning of the 1st Street Corridor located at 1st Street between Pacific Avenue and Elm Avenue. The Public Works Department was granted $2,716,524 of Proposition C funds for pedestrian improvements including new street and pedestrian level lighting to increase visibility, safety and provide visual interest, as well as informational and wayfinding signage, directional markers, historic relief maps, sidewalk art, colorful pavers, scramble crosswalks, landscaping, and additional seating and trash receptacles (Attachment A).
The proposed Project will also include the installation of the Blue Line Car between Long Beach Blvd and Elm Ave. The Blue Line Car was donated by Metro and accepted by the Long Beach City Council on April 20, 2021. Funding for the installation of the Blue Line Car and associated improvements will be obtained through additional funding from the 4th Supervisorial District Proposition C funds that will become available after the of the environmental review pursuant
HONORABLE MAYOR AND CITY COUNCIL
August 2, 2022
to the California Environmental Quality Act (CEQA).
The Public Works Department has performed preliminary field investigations, utility locations, and surveys to support the future architectural and engineering designs. In the coming months, City staff will conduct public outreach to inform the 1st Street improvements and begin environmental review and detailed design.
This matter was reviewed by Assistant City Attorney Deputy City Attorney Vanessa S. Ibarra on July 13, 2022, and by Budget Management Officer Nader Kaamoush July 18, 2022.
SUSTAINABILITY
Improvements resulting from this Project will encourage non-motorized forms of transportation such as walking and will also encourage use of public transport. Landscaping will be California native, low maintenance plantings to save water.
TIMING CONSIDERATIONS
City Council action is requested on, August 2, 2022, to continue the planning and design phase of the Project and complete CEQA processes.
FISCAL IMPACT
The preliminary estimated cost for the Project is $6,525,000 which includes environmental review, design, construction, construction management, inspection, labor compliance, and project oversight. The current funding sources includes $185,459 in Gas Tax, $325,000 in Measure M Local Return, and $100,000 in Transportation Development Act (TOA) funds, which are appropriated in the Capital Projects Fund Group in the Public Works Department. Additional appropriation of $2,716,524 of Proposition C from Metro is being requested within this recommendation.
In addition, the City anticipates receiving approximately $1,500,000 from the 4th Supervisorial District Proposition C funds, $100,000 from Los Angeles County Development Authority (LACDA) Catalytic Development funds, and $300,000 from LACDA Renovate Fa9ade Improvement Program funds. Staff will return to the City Council for these appropriations when they become available. The Proposition C from Metro match requirement is $905,507 and will be partially funded with current project appropriation and with the forthcoming 4th Supervisorial District Proposition C funds to be received at the completion of the CEQA. A funding gap of approximately $1.3 million is identified for the Project. Staff is finalizing the funding plan for the Project and will return to the City Council for approval at a later date.
An appropriation increases in the amount of $5,433,048 is requested in the Capital Projects Fund Group in the Public Works Department. Of this amount $2,716,524 will be offset with Proposition C reimbursement revenues to be received from Metro. The remaining $2,716,524 is a technical appropriation to allow for the transfer of Proposition C funds from the Capital Grant Fund, a fund within the Capital Projects Fund Group.
HONORABLE MAYOR AND CITY COUNCIL
August 2, 2022
The recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
Lh
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
ATTACHMENT A - 1st Street Pedestrian Grant Funding Agreement APPROVED:
THOMAS B. MODICA
CITY MANAGER
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 920000000OF9628
CALL FOR PROJECTS
PROPOSITION C
FUNDING AGREEMENT
This Funding Agreement (" Agreement") is made and entered into effective as of October 19, 2021 Effective Date"), and isby andbetween theLosAngelesCountyMetropolitanTransportation Authority (" LACIVITA") and the City of Long Beach (" GRANTEE") for 1StStreet PedestrianGallery - LACMTA Call for Projects ID# F9628 and FTIP# LAF9628 ( the " Project").
WHEREAS, aspart of the 2015 Callfor Projects, the LACMTABoardof Directors, at its meeting on September 24, 2015, authorized a grant to GRANTEE, subject to the terms and conditions contained in this Agreement.
WHEREAS, the LACMTABoard of Directors on July25, 2019, approved changesto the scope of work.
NOW, THEREFORE, the parties hereby agree asfollows:
Theterms andconditions of this Agreementconsistof the following and eachis incorporated by reference hereinasif fully set forth herein:
1. Part I - Specific Terms of the Agreement
2. Part II - General Terms of the Agreement
3. Attachment A - Project Funding
4. Attachment B - Scope of Work
5. Attachment C - Reporting and Expenditure Guidelines
6. Attachment C- 1- Quarterly Progress/Expenditure Report
7. Attachment D - Federal Transportation Improvement Program ( FTIP) Sheet
8. Attachment E-1- Sustainable Design Elements Requirements
9. Attachment E-2 - Special Grant Conditions
10. Attachment F - Project Readiness Certification
11. Any other attachments or documents referenced in the above documents In the event of a conflict, the SpecialGrant Conditions, if any, shall prevail over the SpecificTerms of the Agreement and any attachments and the SpecificTerms of the Agreement shall prevail over the General Terms of the Agreement.
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1 Funding Agreement
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Attachment A
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 920000000OF9628
INWITNESSWHEREOF, thepartieshavecausedthisAgreementtobeexecutedbytheirdulyauthorized representatives as of the dates Indicated below:
LACMTA:
LOSAN7GESCOUNTYMETROPOLITANTRANSPORTATIONAUTHORITY.
011
By: Date, 41a1400\)-
Step N. WigginsUrinlele
Chief Executive officer
APPROVEDAS TO FORM:
Dawyn R. Harrison
Acting County Counsel
By: CDepoty
GRANTEE:
CITYOF LONG BEACH
Date: YOVOaa.
By:. J. _1AAt' 4
4e__ Date:-"
Tom Modica
il
City Manager EXECUTEDPURSUANT
TO SECTION 301 OF
THE CITY CHARTER.
APPROVED AS TO FORM:
Date: Al ? Q. ov?,2- Hay
Charles Park
CityAttorneV
Rev: 06-01, 2021
2 Funding Agreement
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FTIP# LAF9628 CFP# F9628
Funding Agreement No. 920000000OF9628
PART
SPECIFIC TERMS OF THE AGREEMENT
1. Title of the Project ( the " Project"): 1StStreet Pedestrian Gallery. LACMTA Call for Projects ID# F9628 FTIP # LAF9628.
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 $ 2, 716, 524 ( the " Funds") for the Project in accordance with the terms of this Agreement. LACMTA Board of Directors' action of September 24, 2015, granted the Funds to GRANTEE for the Project. The Funds are programmed over two years, Fiscal Years ( FY) 2018- 19 and FY 2019- 20.
3. The Project Funding documents all sources of funds programmed for the Project as approved by LACMTAand is attached asAttachment A. The Project Funding includesthe total programmed budget for the Project, including the Fundsgranted by LACMTAand GRANTEE'S local match requirement ( the " GRANTEE Funding Commitment"). The Project Funding also includes the fiscal years in which all the funds for the Project are programmed.
4. GRANTEE shall complete the Project as described in the Scope of Work. The Scope of Work for the Project is attached to this Agreement as Attachment B. 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 milestonesconsistent with the lapsingpolicy, and a set schedule. Work shall be delivered in accordancewith that schedule unlessotherwise agreed to by the parties in writing. If a GRANTEEis consistently behind schedule in meeting milestones or in delivering the Project, then LACMTAwill have the option to terminate this Agreement for default as described in Part II, Section 9.
5. EligibleProjectexpensesaredefinedinthe ReportingandExpenditureGuidelines Attachment C). The form of the Quarterly Progress/Expenditure Report is attached as Attachment C-1. LACMTA will withhold five percent ( 5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of the Scope of Work.
The " FTIP PROJECT SHEET ( PDF)" is attached as Attachment D and is required to ensure that the Project is programmed correctly in the most up-to- date FTIPdocument. The FTIPPROJECTSHEET PDF) can be found in ProgramMetro FTIP database under the reports section at https:// Program.metro. net. All projects that receivefunding through the LACMTACallfor Projects must be programmed into the FTIPwhich includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEEshall review the Project in ProgramMetro each year and update or correct the Project as necessaryduring a scheduled FTIP amendment or adoption to be consistent with the terms of this Agreement, as amended from time to time. GRANTEE will be notified of amendments and adoptions to the FTIP via e- mail.
Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEEfail to meet this date, it may affect GRANTEE'Sability to access Rev: 06. 01. 2021
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funding, delaythe Projectand may ultimately result in the Fundsbeing lapsed. LACMTAshall review and approve any changesGRANTEEmakes to the FTIPprior to incorporating such changes in to the TIP.
6. The " Sustainable Design Elements Requirements Special Grant Conditions" is attached as Attachment E-1. GRANTEEshall comply with the SpecialGrant Conditions asset forth in Attachment E- 1.
7. The "Special Grant Conditions" as imposed by the LACMTAis attached as Attachment E-
2. GRANTEEshall comply with the Special Grant Conditions as set forth in Attachment E-2.
8. An executed " Project Readiness Certification" is attached as Attachment F, which is evidence that GRANTEEcan appropriately fund and staff the Project so that the Project can be completed in a timely manner.
9. Amendments to this Agreement shall be in writing executed by the parties. No changesto 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 Agreement, approved and signed by the LACMTA Chief Executive Officer or his/ her designee and GRANTEE.
10. Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered upon receipt by the correct address by United States mail, postage prepaid, certified or registered mail, return receipt requested, or by Federal Expressor other reputable overnight delivery service addressedto the parties hereto asfollows:
LACMTA' s Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Jacqueline Su; Mail Stop 99- 22-6
Email: sui@metro. net
Phone: ( 213) 922- 2847
GRANTEE' s Address:
City of Long Beach
411 W. Ocean Blvd.
Long Beach, CA 90802
Amelia Bodek
Email: amelia. bodek@longbeach. gov
Phone: ( 562) 570- 5578
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FTIP# LAF9628 CFP# F9628
Funding Agreement No. 9200000000F9628
11. 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 regardto enforcingthe MOE, LACMTAwill follow the State of California's MOE requirement, including, without limitation, suspensionand re- implementation.
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FTIP# LAF9628 CFP# F9628
Funding Agreement No. 920000000OF9628
PART II
GENERAL TERMS OF THE AGREEMENT
1. TERM:
1. 1 The term of this Agreement shall commence on the Effective Date of this Agreement and shall expire 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 LACMTAaudit 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 Guidelines ( Attachment C) incurred after the Effective Date shall be reimbursed in accordance with the terms and conditions of this Agreement. The parties understand and agree' there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement.
1. 2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTAmay terminate this Agreement by giving written notice to GRANTEEat least thirty ( 30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LACMTA will not reimburse GRANTEEany costs incurred after the effective date of such termination, except those necessaryto return any facilities modified by the Project's construction to a safe state. LACMTA's share of these costs will be in equal proportion of the grant to GRANTEE Funding Commitment ratio.
2. INVOICE BY GRANTEE: Unless otherwise stated in this Agreement, the Quarterly Progress/Expenditure Report, with supporting documentation of expensesand Project progressas described in Part II, Section 4.1 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTAinvoicing requirements.
Submit invoice with supporting documentation to:
ACCOUNTSPAYABLE@ METRO. NET (preferable)
or
mail to:
LosAngeles County Metropolitan Transportation Authority Accounts Payable
P. 0. Box 512296
Los Angeles, CA 90051- 0296
All invoice material must contain the following information:
Re: LACMTA Project ID# F9628 and FA# 9200000000F9628,
Jacqueline Su; Mail Stop 99-22-6
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 Rev: 06. 01. 2021
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recently adopted LACMTAProposition CGuidelines for the type of Proposition Cfunds granted by LACMTA hereunder ( the " Guidelines").
3. 2 GRANTEEshall not use the Funds to substitute for any other funds or projects not specified in this Agreement. Further, GRANTEEshall not use the Fundsfor any expenses or activities beyond the approved Scope of Work ( Attachment B).
3. 3 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, LACMTArequires that such activities be procured in accordance with GRANTEE'Scontracting 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. This effective use of funds provision will be verified by LACMTAthrough on-going Project monitoring and through any LACMTAinterim and final audits.
3. 4 GRANTEE' S employee, officers, councilmembers, board member, agents, or consultants ( a "GRANTEEParty") are prohibited from participating in the selection, award, or administration of a third -party contract or sub -agreement supported by the Fundsif a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties hasa financial or other interest in any entity selected for award: ( a) a GRANTEEParty (b) any member of a GRANTEEParty's immediate family, (c) a partner of a GRANTEEParty; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTAthrough on-going Project monitoring and through any LACMTAinterim and final audits.
3. 5 If the Project requires the implementation of an Intelligent Transportation Systems (" ITS") project, GRANTEE shall ensure the Project is consistent with the Regional ITSArchitecture. Attachment Ethe LosAngeles County Regional ITSArchitecture CONNECT -IT) Consistency Self -Certification Form, must be completed and signed for planned ITS projects and/ or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www. laconnect- it. com to find information about the CONNECT - IT Service Packages.
3. 6 If any parking facilities are designed and/ or constructed usingthe Funds, GRANTEEshall coordinate with LACMTAparking program staff (seeMETRO.net for staff listing) in the planning, design and management of the facility and shall ensurethat its implementation is consistent with the LACMTAadopted parking policy. For the parking policy, see http:// media. metro. net/ projects studies/ call pro iects/ images/ 09% 20Appendix% 20D% 20Parki ng% 20Policy. pdf.
3. 7 GRANTEEis obligated to continue using the Project consistent with the public transportation purposesfor which the Project was approved. The Project right-of-way and Rev: 06. 01. 2021
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real property purchasedto implement the Projectshall remain dedicated to public transportation use. The obligations set forth in this section shall survive termination of this Agreement.
3. 8 If GRANTEE desires to use the Funds to purchase or lease equipment including, without limitation, vehicles, office equipment, computer hardware or software, or other personal property (" Equipment") necessaryto perform or provide the servicesset forth in the Scope of Work, GRANTEEmust obtain LACMTA's written consent prior to purchasing or leasing anyEquipment. Equipmentpurchasedor leasedwithout suchprior written consentshallbe deemed an unallowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicated to that Project use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
3. 9 If an Equipment ceasesto be used for the proper use asoriginally stated in the Scope of Work, GRANTEE will be required to return to LACMTA the Funds used to purchase or lease such Equipment in proportion to the useful life remaining and in equal proportion of the Fundsto GRANTEEFunding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement.
3. 10 If any Project facilities or any real property purchased to implement the Project is no longer used or is no longer needed for the Project, including construction easements or excessproperty, GRANTEEwill be required to return to LACMTAthe Fundsusedto design, construct or acquire such Project facilities or real property in equal proportion of the grant to GRANTEEFundingCommitment ratio. The obligations set forth in this section shall survive termination of this Agreement.
3. 11 If GRANTEEdesires to use any Project facility or any real property purchased to implement the Project to generate revenue, GRANTEE shall first obtain LACMTA' s written consent prior to entering into any such revenue generating arrangement. GRANTEEshall provide LACMTAwith the applicable information regarding the transaction, including without limitation, the property at issue, the proposed use of the property, the amount of revenue, any impact to the Project and the proposed use of the revenue. LACMTAconsent may be conditioned on whether bond funds were used, and how GRANTEEplans to use the revenue, including, without limitation, sharinganynet revenueswith LACMTA. If GRANTEEfails to obtain LACMTA's prior written consent, GRANTEE shall be considered in default and LACMTA shall have all rights and remedies available at law or in equity, including, without limitation the return of the Fundsto cover the cost of the property in question. The obligations set forth in this section shall survive termination of this Agreement.
3. 12 GRANTEEunderstands that this Agreement does not provide any rights for GRANTEEto use LACMTAreal property needed for the Project. If the Project requires use of LACMTAProperty, GRANTEEwill need to enter into a separate agreement with LACMTAin accordancewith LACMTAreal property policiesand procedures. Nothing in this Agreement obligates LACMTA to provide GRANTEEwith any real estate right.
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4. DISBURSEMENT OF FUNDS:
CFP# F9628
Funding Agreement No. 9200000000F9628
4. 1 GRANTEEshall submit the Quarterly Progress/Expenditure Report Attachment C-1) within 60 daysafter the closeof each quarter on the last day of the months November, February, May and August. Should GRANTEEfail to submit such reports within 10 days of the due date and/ or GRANTEE submits incomplete reports, LACMTA will not reimburse GRANTEEuntil the completed required reports are received, reviewed, approved. The Quarterly Progress/Expenditure Report shall include all supporting documentation ( such as contractor invoices, timesheets, receipts, etc.) with a clear justification and explanation of their relevance to the Project for reimbursement. If no activity hasoccurred during a particular quarter, GRANTEE will still berequiredto submit the Quarterly Progress/ExpenditureReportindicatingno dollars were expended that quarter. If a request for reimbursement exceeds $ 500, 000 in a single month, then GRANTEEcan submit such an invoice once per month with supporting documentation.
4. 2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement.
4. 3 LACMTAwill make all disbursementselectronically unlessan 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 http:// www. metro. net/ proiects/ call proiects/ call projects - reference - documents/.
4. 4 GRANTEEmust provide detailed supporting documentation with its Quarterly Progress/Expenditure Report.
4. 5 GRANTEEshall demonstrate that the GRANTEEFundingCommitment has been spent in direct proportion to the Funds invoiced with each quarter' s expenditures.
4. 6 Expensesthat are not invoiced within 60 days after the lapsing date specified in Part II, Section 8. 1 below are not eligible for reimbursement.
4. 7 Any Fundsexpended by GRANTEEprior to the Effective Date of this Agreement shall not be reimbursed nor shallthey be credited toward the GRANTEEFunding Commitment requirement, without the prior written consent of LACMTA. GRANTEEFunding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE' S own risk.
4. 8 Commencing with the Effective Date, Funds will be made available to GRANTEE for all work related to the initial Project milestone identified in Attachment B - Scope of Work. Funds for subsequent Project milestones will not be available until GRANTEE provides evidencethat the current Project milestone hasbeen completed, or is clearly on track to be completed on the approved schedule stated in Attachment B, as determined by LACMTA.
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5. AUDIT REQUIREMENTS/ PAYMENT ADJUSTMENTS:
5. 1 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 nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit meaning all costs and chargeshave been paid by GRANTEEand 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 under review). GRANTEE agrees to establish and maintain proper accountingproceduresand cashmanagement recordsand documents in accordancewith Generally Accepted Accounting Principles (GAAP). GRANTEEshall reimburse LACMTAfor any expenditure not in compliance with this Agreement and the Guidelines. GRANTEE' S eligible expenditures submitted to LACMTA for this Project shall be in compliance with the Reporting and Expenditure Guidelines ( Attachment C) and 2 CFR Subtitle A, Chapter II, Part 200. The allowability of costs for GRANTEE'S contractors, consultants and suppliers submitted to LACMTAthrough Recipient's Quarterly ProgressReports/Expenditures shall be in compliance with 2 CFRSubtitle A, Chapter II, Part 200 or, 48 CFRPart 31 ( FAR), whichever is applicable. Any useof the Fundswhich is expresslyprohibited under this Agreement shall be an ineligible useof the Fundsand maybedisallowedby LACMTAaudit. Findingsof the LACMTAaudit arefinal. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE shall return such monies within thirty ( 30) days after the final audit is sent to GRANTEE.
5. 2 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 necessaryby LACMTAto substantiate charges related to the Project ( all collectively referred to as " records") shall be open to inspection and subject to audit and reproduction by LACMTAauditors or authorized representativesto the extent deemed necessaryby LACMTAto adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTAto 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 GRANTEEfor 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. 3 GRANTEE shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. GRANTEEshall cause all contractors to cooperate fully in furnishing or in makingavailableto LACMTAall recordsdeemed necessaryby LACMTAauditors or authorized representatives related to the Project.
5. 4 LACMTAor any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of GRANTEE and its contractors Rev: 06. 01. 2021
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related to the Project, and shall be allowed to interview any employee of GRANTEEand its contractors through final payment to the extent reasonably practicable.
5. 5 LACMTAor 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 Agreement.
5. 6 In addition to LACMTA' s other remedies as provided in this Agreement, LACMTA shall withhold the Funds and/ or recommend not to award future Call for Projects grants to GRANTEEif the LACMTAaudit hasdetermined that GRANTEEfailed to comply with the Scopeof Work ( such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTAaudit findings) and/or isseverely out of compliance with other terms and conditions as defined by this Agreement and the Guidelines, including the accessto records provisions of Part II, Section 5.
5. 7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal RevenueService, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
5. 8 GRANTEEshall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 CFR Part 31 ( whichever is applicable) and the terms and conditions of this Agreement.
5. 9 GRANTEEshall also certify final costs of the Project to ensure all costs are in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 FAR Part 31 ( whichever is applicable) and the terms and conditions of this Agreement.
5. 10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on GRANTEE'Sown records and audit work to minimize direct audit of contractors, consultants, and suppliers.
6. ONETIME GRANT: This isa one time only grant subject to the terms and conditions agreedto hereinand in the Guidelines. Thisgrant doesnot imply nor obligate anyfuture 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 LACMTABoard of Directors. If such Rev: 06. 01. 2021
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Funds are not made available for the Project, LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA.
7. 2 GRANTEEshall fully fund and contribute the GRANTEEFunding 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-LACMTAprogrammed funds necessaryto complete the Project.
7. 3 GRANTEEshall be responsible for any and all cost overruns for the Project.
7. 4 At anytime, if GRANTEEreceivesoutside funding for the Projectin addition to the Fundsidentified in the Project Funding at the time this grant was awarded, this Agreement shall be amended to reflect such additional funding.
7. 5 If, at the time of final voucher, available funding for the Project (including the Funds, GRANTEEFundingCommitment, and any additional funding) exceedsthe actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from eachparty to this Agreement asspecified in the Project Fundingand both the Funds and GRANTEEFundingCommitment required for the Project shall be reduced accordingly.
LACMTAshall havethe right to useany cost savingsassociatedwith the Fundsat its sole discretion, including, without limitation, programming the unused Fundsto another project or to another GRANTEE. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
8. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS:
8. 1 GRANTEEmust demonstrate timely useof the Fundsby:
i) executingthis Agreement within ninety (90) daysof receivingformal transmittal of the Agreement from LACMTA, or by December 31Stof the first Fiscal Year in which the Funds are programmed, whichever date is later; and
ii) meeting the Projectmilestonesdue datesasagreed upon bythe LACMTA and GRANTEE in the Agreement; milestones include, but are not limited to the following:
a. for project development, GRANTEEmust complete phase by the end of the second fiscal year following the year the Funds were first programmed; and
Rev: 06. 01. 2021
12 Funding Agreement
Prop C Funds
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 9200000000F9628
b. for right-of-way, GRANTEEmust follow its right-of-way acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTAandGRANTEEprior to Agreementexecution;
and
C. for construction or capital purchase projects, contracts shall be awarded within nine ( 9) months from the date of
completion of design. Projectdesign (preliminary
engineering) must begin within six (6) months from the
identified milestone start date; and
iii) submitting the Quarterly Progress/Expenditure Report; and iv) expending the Funds granted under this Agreement for allowable costsby June30, 2022 (lapsedate), within 36 months from July 1 of the FY 2019- 20, final Fiscal Year in which funds are programmed.
8. 2 QuarterlyProgress/ExpenditureReportswill be usedto evaluate compliance with the Project milestone due dates as identified in the Agreement. If the Project does not meet the milestone due dates as agreed upon in the Agreement, LACMTA will issue a notice of non-compliance to the GRANTEE, and the GRANTEEwill be required to develop a written recovery plan illustrating in detail the GRANTEE's actionsto resolvethe delay and to meet the ProjectcompletiondateagreeduponintheAgreement (the "RecoveryPlan"). If the Recovery Plan is deemed viable by LACMTAstaff, and meets the Project completion date agreed upon in the Agreement, LACMTAmay grant an administrative schedule update as long asthe Fundsare expended in compliance with ( iv) above. If GRANTEEfails to submit a Recovery Plan within 30 days of the notice of non-compliance from LACMTA, or the RecoveryPlanillustrates that the Project will not meet the lapsedate in the Agreement, LACMTAmay recommend potential deobligation of the Fundsas part of its annual Callfor Projects Recertification/ Deobligation process. GRANTEEwill ONLYbe allowed to request a one-time lapsingdate extension of 20 -months from the final lapse date, which request is subjectto LACMTA'sTechnicalAdvisoryCommittee (TAC) consideration as part of the annual Call for Projects Recertification/ Deobligation process.
8. 3 Recertification of Funds will be based on Project progress and is subject to meeting the Project milestones as agreed upon in the Agreement.
8. 4 If GRANTEE does not complete one element of the Project, as described in the FTIPProjectSheet, due to all or a portion of the Fundslapsing, the entire Projectmay be subject to deobligation at LACMTA' s sole discretion. In the event that all the Funds are deobligated, this Agreement shall automatically terminate.
8. 5 If GRANTEEfails to meet any of the conditions in paragraph 8.1 above, the Project shall be considered lapsed and will be submitted to the LACMTA Board for deobligation.
Rev: 06. 01. 2021
13 Funding Agreement
Prop C Funds
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 920000000OF9628
Expensesthat are not invoiced within 60 days after the lapsing date are not eligible for reimbursement.
9. DEFAULT: A Default under this Agreement isdefined asany one or more of the following: (i) GRANTEEfailsto complywith the terms andconditionscontainedherein or in the Guidelines; (ii) GRANTEEisconsistently behind schedulein meeting milestonesor in delivering the Project; or (iii) GRANTEEfails to perform satisfactorily or makesa material change, asdetermined by LACMTAat its sole discretion, to the FinancialPlan, the Scopeof 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, LACMTAshall provide written notice of suchDefaultto GRANTEEwith a 30 -day periodto curethe Default. In the eventGRANTEEfails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period to the satisfaction of LACMTA, LACMTAshall have the following remedies: ( i) LACMTA may terminate this Agreement; (ii) LACMTAmay make no further disbursementsof Fundsto GRANTEE; and/or (iii) LACMTAmayrecoverfrom GRANTEEanyFundsdisbursedto GRANTEEasallowedby law or in equity.
10. 2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 10.1, GRANTEEshall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTAin 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 enforceanyand all rightsand remediesherein or which maybe 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 as more particularly set forth in " Funding Recipient Communications Guidelines" available at http:// metro. net/ partners- civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEEshall be responsible for complying with the latest Funding Recipient. Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTAChief Communications Officer.
11. 2 For purposes of this Agreement, " Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of " Communications Materials" is found in the Funding Recipient Communications Guidelines.
Rev: 06. 01. 2021
14 Funding Agreement
Prop C Funds
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 9200000000F9628
11. 3 The Metro logo is a trademarked item that shall be reproduced and displayedin accordancewith specificgraphicguidelines. Thepreferredlogolock-upfor Funding Recipients to use is included in the Funding Recipient Communications Guidelines.
11.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/ or marketing firms hired to produce Project Communications Materials for public and external purposeswill comply with the requirements contained in this Section.
11. 5 The LACMTAProject Manager shall be responsible for monitoring GRANTEE's compliancewith the terms andconditionsof this Section. GRANTEE'sfailure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
12. OTHER TERMS AND CONDITIONS:
12. 1 This Agreement, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The Agreementshallnot be amended, nor any provisionsor breachhereof waived, exceptin writing signedbythe partieswho agreedto the originalAgreementor the samelevelof authority.
Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to becomeincorporatedautomaticallyinto thisAgreementasthoughfully setforth herein.
12. 2 In the event that there is any court ( proceeding between the parties to enforce or interpret this Agreement, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costsand expenses, including reasonableattorney's fees.
12. 3 Neither LACMTA nor any subsidiary or their respective directors, officers, agents, or employee thereof shall be responsiblefor any damageor liability occurring by reason of anything done or committed to be done by GRANTEEunder or in connection with any work performed by or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this Agreement. GRANTEEshall fully indemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiaries and their respective directors, officers, agents and employees harmlessfrom and against any suits and causesof actions, claims, losses, liability, damages, costsand expenses, including without limitation, any costsor liability on accountof bodily injury, death or personalinjury of any personor for damageto or lossof property, any environmental obligation, and any legalfees in anyway arisingout of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this Agreement.
12. 4 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any suchobligation is prevented or Rev: 06. 01. 2021
15 Funding Agreement
Prop C Funds
FTIP# LAF9628 CFP# F9628
Funding Agreement No. 9200000000F9628
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. Eachparty 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 Agreement.
12.5 GRANTEEshall comply with and insure that work performed under this Agreement 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. GRANTEEacknowledges responsibility for obtaining copiesof andcomplyingwith the terms of the most recent federal, state, or local lawsand regulations, and LACMTArequirements including any amendments thereto.
12. 6 GRANTEE agrees that those sections of this Agreement marked with an asterisk shall be included in every contract entered into by GRANTEEor its contractors relating to work performed under this Agreement and LACMTA shall have the right to review and audit such contracts.
12. 7 GRANTEEshall not assign this Agreement, or any part thereof, without prior approval of the LACMTAChief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable at the option of LACMTA.
12. 8 This Agreement shall be governed by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainingprovisionsshallneverthelesscontinue in full force without beingimpaired or invalidated in any way.
12. 9 The covenants and agreements of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successorsand assigns.
12.10 GRANTEEwill advise LACMTAprior to any key Project staffing changes.
12. 11 GRANTEE in the performance of the work described in this Agreement is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
Rev: 06. 01. 2021
16 Funding Agreement
Prop C Funds
ATTACHMENTA - PROJECTFUNDINGnPPu F9628 FAM92aaQ0MU9629
PTIPa LAP9628
PROJECTTITLE: IST STREETPEDESTRIANGALLERY
ARANTEWPROJECTSPONSOR: CITYOF LONGBEACH
In Aolual Dollars)
Po: 11•1. W FA" C AwWu um A Pgttt Funds
FTIP#: LAF9628
ATTACHMENT B
SCOPE OF WORK
Project ID: F9628
Project Title: 11tStreet Pedestrian Gallery
CFP# F9628
Funding Agreement No. 92000000OF9628
Project Limits:
The project boundary is the approximately 0.35 Miles section of 111Street in downtown Long Beach between Pacific Ave. and Elm Ave. Pedestrian and streetscape improvements with added amenities will be implemented in the existing public right- of- way. The entire scope area falls under the City of Long Beach jurisdiction. '
Project Description:
Implement shared street concept on 1st Street to improve the East-West connectivity between the renovated Civic Center and the East Village. The project location is adjacent to Metro' s Blue Line 1st Street Station and includes the Long BeachTransit Gallery which servesapproximately 25,000 riders daily. With improved pedestrian connectivity the project would encourage more pedestrians to walk the surrounding neighborhood and increase non -motorized accessibility towards transit, thus increasing ridership.
Pedestrian Gallery
The pedestrian gallery will increase multi - modal connectivity and promote a transit corridor/ network between a newly renovated Civic Center with City Hall, Port Building and Library, the existing Long Beach Transit Gallery, two A Line stations, Terrace Theater, East Village Arts District, the Promenade and Pine Ave. Unique inclusions to the corridor and walking area include installation of improved street and pedestrian level lighting, informational and wayfinding signage, pavers that may feature colorful directional markers, historic relief maps, sidewalk art, or other neighborhood specific elements. Creation of the gallerywill not only facilitate connectivitybetweenvariouslocationsand activity centers, but will also create a unique identity of its own and be a downtown spacefor pedestrian activity and events.
Monument, Signage and Wayfinding
The project scopewill include wayfinding and pedestrian level signagewith the installation of interpretive, placemaking and monument signage along the transit corridor. The City' s approved wayfinding and signage design program will define the styling, location and messaging. The signage would inform and direct patrons to the various transit routes, parking, facilities, amenities, regional points of interest and identifiers.
Vehicular/ Transit Access
Vehicular accesswill be preserved with a single lane in either direction, retaining the existing bus route and pad locations and rail station access. The existing parking structure accesspoints will be maintained.
Realignment of 111Street between Long Beach Blvd. and Elm will impact current angled parking to allow for additional pedestrian area. Bicycle route access will be maintained.
Pedestrian Crosswalks
Two new high visibility scramble crosswalks will be added on 1St Street at Pacific Ave. and at Elm Ave.
FTIP#: LAF9628 CFP# F9628
Funding Agreement No. 92000000OF9628
Thesecrosswalkswill provide bookends for the 1,800 -foot wide pedestrian gallery and will significantly reduce crossing distances at both intersections. Additional intersection artwork will be included at Pine Ave., Promenade, and Long Beach Blvd.
Landscape and Planting
The project includes replacement and addition of rockscape, tree and plant species per the existing Downtown Long Beach Master Plan in both tree wells and mobile planters. These improvements will provide pedestrians with shade and an additional buffer from vehicles, as well as add a pleasing community aesthetic to the pedestrian corridor. Ultimately, the various landscaping improvements and plantingswill bespecificallydesignedto createa sustainableandmaintenancefriendly greenspacewithin the downtown area.
Street Furniture
The project scope includesadditional streetscape improvements adding to the existing bench seating and trash receptacles with visually pleasing, environmentally - friendly low -profile design.
Event Space
The pedestrian gallery will allow for flexible street event space, street closures, farmers markets, vendors and kiosks. Protection from adjacent traffic will be provided by removable bollards.
Illumination
The project will unify and build a comprehensivelighting plan usingthe existingstreet, pedestrian and landscapelighting with the inclusion of festoon string lighting as feasible. The addition of the lighting schemes will provide accent, character, and visual cues, helping to attract pedestrians to the area and adjacent transit, dining, business and civic activity centers.
Project Funding:
PROJECT ITEM
Grant Funds
LACMTA) LOCAL AGENCY TOTAL
Planning, Design, Engineering
Unit Cost
610, 268 $ 610, 268
Project Management
Environmental Documentation 1
Construction 2, 716, 524 295, 239 $ 3, 011, 763
TOTAL BUDGET COST 2, 716, 524 905, 507 $ 3, 622, 031
Estimated Project Costs:
Item Description Qty Unit Unit Cost Total Cost
1 Environmental Documentation 1 EA 5, 000. 00 5, 000. 00 2 Public Outreach 1 EA 20, 000. 00 20, 000. 00
3 Project Marketing 1 EA 6, 000. 00 6, 000. 00
4 Conceptual Design 1 EA 70, 000. 00 70, 000. 00
5 Planning 1 EA 12, 000. 00 12, 000. 00
6 Design Team - Preliminary Design 1 EA 39, 000. 00 39, 000. 00 FTIP#: LAF9628
6. 1 Design Team - Design Development
CFP# F9628
Funding Agreement No. 92000000OF9628
1 EA 48, 000. 00 48, 000. 00
6. 2 Design Team - Construction Documentation 1 EA 85, 500. 00 85, 500. 00
6. 3 Design Team - Bid Support 1 EA 9, 000. 00 9, 000. 00
6. 5 Design Team - Construction Support 1 EA 32, 000. 00 32, 000. 00 7 Project Management 1 EA 76, 000. 00 76, 000. 00
8 Construction Management 1 EA 76, 000. 00 76, 000. 00
9 Construction
20, 000. 00 20, 000. 00
9. 7 Asphalt Paving/ Grind/ Overlay
9. 1 Survey 1 EA 60, 000. 00 60, 000. 00
9. 2 Mobilization ( Fencing and Traffic Control) 1 EA 175, 000. 00 175, 000. 00
9. 3
Traffic Control/ Erosion Control ( parking
access, fencing, sidewalk detour) 1 EA 100, 000. 00 100, 000. 00
9. 4 Site Demo 1 EA 160, 000. 00 160, 000. 00
9. 5 Utility Relocation 1 EA 300, 000. 00 300, 000. 00
9. 6 Site Drainage 1 EA 20, 000. 00 20, 000. 00
9. 7 Asphalt Paving/Grind/ Overlay 16350 EA 6. 00 98, 100. 00
9. 8 Concrete Curb and Gutter 1200 LF 40. 00 48, 000. 00
9. 9 Driveways - Parking Structure/ Alleys 4 EA 8, 000. 00 32, 000. 00
9. 10 Corner Bulb Outs 455 LF 40. 00 18, 200. 00
9. 11 Pavement Extension ( LBB x Elm) 8100 SF 20. 00 162, 000. 00
9. 12 Curb Ramps 12 EA 7, 500. 00 90, 000. 00
9. 13 Crosswalk Artwork 4 EA 16, 000. 00 64, 000. 00
9. 14 Street Coating/ Artwork 16350 SF 8. 00 130, 800. 00
9. 15 Mural/ Artwork at Alamo 1 EA 10, 000. 00 10, 000. 00
9. 16 Shade Structure at Alamo 1 EA 10, 000. 00 10, 000. 00
9. 17 Decorative Sidewalk Pavement 1 EA 185, 000. 00 185, 000. 00
9. 18 Bus Pull Out 960 SF 20. 00 19, 200. 00
9. 19 New Street Lights 2 EA 12, 000. 00 24, 000. 00
9. 20 Street Light Relocation 4 EA 7, 500. 00 30, 000. 00
9. 21 New Pedestrian Lights 17 EA 8, 000. 00 136, 000. 00
9. 22 Palm Tree Uplights 19 EA 2, 000. 00 38, 000. 00
9. 23 Festoon Lighting 600 LF 36. 00 21, 600. 00
9. 24 Electrical Conduit, Wiring, Distribution 1 lot 75, 000. 00 75, 000. 00
9. 25 Seat Walls 1 EA 30, 000. 00 30, 000. 00
9. 26 Precast Concrete Pots 54 EA 3, 500. 00 189, 000. 00
9. 27 Raised Planter Edge Protection 375 LF 250. 00 93, 750. 00
9. 28 Decorative Metal Tree Grate 17 EA 1, 000. 00 17, 000. 00
9. 29 Removable Bollards 6 EA 5, 000. 00 30, 000. 00
9. 30 Wayfinding & Signage 1 EA 75, 000. 00 75, 000. 00
9. 31 30' Date Palms 6 EA 10, 000. 00 60, 000. 00
9. 32 36" box Trees 10 EA 4, 500. 00 45, 000. 00
9. 33 Existing Planter Landscaping 1400 SF 10. 00 14, 000. 00
9. 34 Landscape Shrub/ Groundcover Irrigation 1400 SF 5. 00 7, 000. 00 Construction Total 2, 567, 650. 00
FTIP#: LAF9628 CFP# F9628
December 2021
Funding Agreement No. 92000000OF9628
10 Construction Contingency 1 EA 256, 765. 00 256, 765. 00 11 Inspection Services 1 EA 154, 059. 00 154, 059. 00
12 PLA/ Labor Compliance 9. EA 102, 706. 00 102, 706. 00 13 City Project Overhead 1 EA 62, 351. 00 62, 351. 00
PROJECT TOTAL BUDGET 3, 622, 031. 00
Schedule / Milestones:
Execute FA August 2018 December 2021 2. 5 Months
Preliminary Conceptual Design December 2021 January 2022 1 Month Community Outreach December 2021 January 2022 1 Month
Design/ Engineering/ Estimates January 2022 March 2022 3 Months Planning/ Permitting January 2022 March 2022 3 Months
Advertise Bid & Award Construction March 2022 April 2022 1 Month Construction May 2022 June 2022 2 Months
Report of Completion/ Project Close out July 2022 Dec 2022 6 Months FTIP#: LAF9628
Project Map:
Kim'
ctr
11 "22P' 019
RjM
CFP# F9628
Funding Agreement No. 92000000OF9628
C'ITY OF LONG BEACH. C. 6LIFOMA
FA ATTACHMENT C
REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
Quarterly Progress/ Expenditure Report ( Attachment C-1) is required for all projects. The GRANTEEshall 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 LACMTAat ACCOUNTSPAYABLECa)METRO.NET or by mail to Los Angeles County Metropolitan Transportation Authority, Accounts Payable, P. 0.
Box 512296, Los Angeles, California 90051- 0296. Please note that letters or other forms of documentation may not be substituted for this form.
The Quarterly Progress/ Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provide complete and adequate response to all the questions. The expenseslisted must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
Expensesmust reflect the proportionate share of local match, including in-kind, charged to the grant.
In caseswhere 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 useof funds anddelivery of projects. Projectdelay, if any, must be reported each quarter. Projectsnot delivered in a timely manner will be reevaluated by LACMTAas part of the annual Callfor Projects Recertification processand the Fundsmay be deobligated and reprogrammed by the LACMTA Board.
The Quarterly Progress/Expenditure Report is due to the LACMTAassoon 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. 23. 14 1 FA Local Attachment C Admin Guidelines
EXPENDITURE GUIDELINES
Any activity or expense charged above and beyond the approved Scope -of -Work ( FA Attachment B) is considered ineligible and will not be reimbursed by the LACMTAunless prior written authorization has been granted by the LACMTAChief Executive Officer or his/ her designee.
Any expensechargedto the grant or local match, including in-kind, must be clearly and directly related to the project.
Any activity or expensecharged 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 isthe ongoing expenseincurred by the GRANTEEfor the duration of the project and for the direct benefit of the project as specified in the Scope - of -Work Attachment B). Examples of administrative costs are personnel, office supplies, and equipment. Asa condition for eligibility, all costs must be necessaryfor maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project.
LACMTAis not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or her/ her designee.
DEFINITIONS
Local Participation: Where local participation consists of " in- kind" contributions rather than funds, the following contributions may be included:
Costsincurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights-of-way purchase, and construction management costs.
Donationsof 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.
ExcessiveCost: Any expensedeemed "excessive" by LACMTAstaff would be adjustedto reflect a "reasonable and customary" level. Fordetail definition of " reasonablecost", please Rev: 12. 23. 14 2 FA Local Attachment C Admin Guidelines refer to the Federal Register OMB Circulars A- 87 Cost Principals for State and Local Governments; and A- 122 Cost Principals for Nonprofit Organizations.
Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope - of - Work is considered ineligible.
Rev: 12. 23. 14 3 FA Local Attachment C Admin Guidelines LACMTA FA ATTACHMENT C- 1
QUARTERLY PROGRESS / EXPENSE REPORT
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
ACCOUNTSPAYABLE n,METRO. NET
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051- 0296
after the close of each quarter, but no later than November 30 , February 28 , May 31 and Auaust 31 . Please note that letters or other forms of documentationmay pa, besubstitutedfor this form. Refer to the ReportingandExpenditureGuidelines (AttachmentC) for furtherinformation.
SECTIONQUARTERLY EXPENSE REPORT
Please itemize grant -related charges for this Quarter on Page 5 of this report aniitclude totals in this Section.
Rev: 06, 26. 19 1 FA Prop C Attachment C-1Quarterly Report PROJECT TITLE: 1st Street Pedestrian Gallery
FA #: 920000000OF9628
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year: [:] 2018- 2019 2019- 2020 2020- 2021
F12021-2022 R 2022-2023 R 2023-2024
Quarter: RQ11: Jul - Sep R Q2: Oct -Dec
RQ3: Jan - Mar R Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
F] RSTI
F -]TDM
F Transit
R Pedestrian [--]Signal Synchronization
n Bicycle FJ Goodsmovement
Project Sponsor
Contact / Project
Manager
Contact Name:
Job Title:
Department:
city / Agency:
Mailing Address:
Phone Number:
E- mail: 7
Rev: 06. 26. 19 2 FA Prop C Attachment C-1 Quarterly Report List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN / N THE 2ND AND 3RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
FA Milestones
Original FA Schedule in Scope of
Work Actual Schedule
Start Date End Date Start Date End Date
Environmental Clearance
Design Bid & Award
Design
Right -of -Way Acquisition
Construction Bid & Award
Ground Breaking Event
Construction
Ribbon Cutting Event
Total Project Duration
Months)
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
E] OnscheduleperoriginalFAschedule
Between 12- 24 months behind original schedule
Less than 12 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 FA? Yes 0 No El NotApplicable
C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications? El Yes F No 1-1 NotApplicable
Rev: 06, 26. 19 3 FA Prop C Attachment C-1 Quarterly Report List tasks or milestones accomplished and progress made this quarter.
If project is delayed, describe reasons for delay ( this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing " Same as Previous Quarter".
If the project is delayed ( as described in # 4), include action items that have been, or will be, undertaken to resolve the delay.
Rev: 06. 26. 19 4 FA Prop C Attachment C-1 Quarterly Report
SECTION OF QUARTER
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/ or other proper documentation. The total amounts shown here must be equal to this quarter' s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
Notes:
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing ( above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213- 922- 6107.
ACH Request Forms can be found at www. metro. net/ callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213- 922- 6107.
I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct.
Signature Date
Rev, 06. 26. 19 5 FA Prop C Attaclunent C-1 Quarterly Report Name Title
Rev: 06. 26. 19 6 FA Prop C Attachment C-1 Quarterly Report Los Angeles Metropolitan Transportation Authority
2023 Federal Transportation Improvement Program ($ 000) Project Description: Implement shared street concepts on 1st Street to improve the East/Westconnectivity between the Transit SCAG RTP Nect M 101008 Study:N/A Is odel: NO Model M
Gallery and the East Village: Constructfirst pedgallery (30 It long) to Improveeast -west ped connectionsb/w differentareas PM: Michelle Mowery - (562) 570-6618 withinEastVillageIncludingbenches, plants, movableplanters, andgatewayarchetc. Will provideroomfor eventspace, Email: michelle. mowery@longbeach, gov' farmers markets, and vendors: LS: N LS GROUPM
ConformityCategory: EXEMPT - 93.126
System : Local Hwy Route: ` Postmile: Distance: Phase: Environmental Document/ Pre-Design Phase (PAED) Completion Date 12130/ 2022 Lane # Extd: Lane # Prop: Impry Desc: Alr Basin: SCAB Envir Doc: FINALENVIRONMENTALIMPACT REPORT - 02/ 15/2019
Toll Rate: Toll Colo Loc: Toll Method: Hov acs eg loc: Liza: Los Angeles -Long Sub - Area: Sub -Region: Gateway Cities
0. 00 Beach - Santa Ana COG
CTIPS ID: EAM PPNO:
Program Code: NCN46 - PLANTING/ LANDSCAPING Stop Loc:
PHASE PRIOR 22/ 23 23/ 24 24/ 25 25/ 26 26/ 27 27/ 28 BEYOND PROG TOTAL General Comment:
Modeling Comment:
TCM Comment:
Amendment Comment:
CMP Comment:
Narrative;
TOTAL PE: $ 448 TOTAL RW: $ 0 TOTAL CON: $ 3, 175 TOTAL PROGRAMMED: $ 3, 623 Change reason: MINOR CHANGE Total Project Cost $ 3, 623
FTIP#: LAF9628 CFP# F9628
FA# 920000000OF9628
ATTACHMENT E- 1
SUSTAINABLE DESIGN ELEMENTS REQUIREMENTS
SPECIAL GRANT CONDITIONS
1. Grantee shall ensure its Project is in compliance with the LACMTA Sustainable Design Elements Requirements by meeting the following conditions:
a. Grantee shall attend the LACMTA-hosted training on sustainable design prior to the initiation of the construction phase. The LACMTAtraining on sustainable design will be held everyFall. Fortraining details, Granteeshall be responsiblefor contacting the LACMTASustainability Policy Manager.
b. Grantee shall develop a Sustainable Design Plan (Plan), for LACMTAreview and approval, that contains, at a minimum, the following elements:
1. A list of the sustainable design elements which will be included in the Project.
2. A summary description of mitigation measures committed through project environmental review.
3. A detail description of how the Project' s proposed sustainable design elements will achieve either ( 1) the LACMTA Sustainable Design Performance Metrics (" LACMTA Metrics"), found in Appendix J of the Call for Projects Application; or ( 2) Alternative Metrics, as defined below. If Grantee desires to use an Alternative Metrics, the Plan must establish the alternative set of performance metrics Grantee intends to use.
4. A description of how Grantee will achieve each LACMTA Metrics or the Alternative Metrics, as applicable to the Scope of Work.
The "Alternative Metrics" is defined as any alternative metrics that exceeds business -as -usual performance in the following areas: energy and water use; waste reduction; stormwater management; and reduction of urban heat island effects, as applicable to the Scope of Work. Grantee may cite performance metrics from standardized sources including but not limited to LEED, LEED-ND, Envision, and Sites Initiative.
Prior to initiation of the construction phase of the Project, Grantee must be found in compliance with the Plan. Grantee' s compliance with the Plan can be determined in one of two ways: the LACMTASustainability Policy Manager shall determine and certify Grantee' s compliance with the Plan or the Grantee must provide written self - certification of compliance to the LACMTASustainability Policy Manager with these conditions found in Section 1( b).
Rev: 10. 24. 15 1 FA Attachment E Special Conditions
FTIP#: LAF9628 CFP# F9628
FA# 920000000OF9628
3. Grantee shall report on the implementation of the Plan. As part of the. Project closeout, Granteeshallcertify that the Planhasbeencompleted, with approvalfrom the LACIVITA Sustainability Policy Manager.
4. LACMTA's Sustainability Policy Manager Contact Information:
Paul Backstrom
BackstromP@metro. net
213) 922- 2183
Rev: 10. 24. 15 2 FA Attachment E Special Conditions
FTIP#: LAF9628
ATTACHMENT E- 2
SPECIAL GRANT CONDITIONS
CFP# F9628
FA# 920000000OF9628
The 2015 COUNTYWIDE CALL FOR PROJECTSBoard Report No. 23 dated September 16, 2015 included various projects specific condition imposed by the LACMTA.
Bicycle and Pedestrian Counts — GRANTEE must collect before- and after- bicycle and pedestrian counts (when applicable and asdirected by the Metro Project Manager) on a mid -week day and weekend, excludingwinter months. The "after" counts should not be taken until six ( 6) months after the completion of the project. GRANTEE shall submit bicycle and pedestrian count data and upload the data to the SCAG Active Transportation Database ( hllps: Hatdb.seag.ca.gov/ Pages/Home. aWx). The methodology for conductingcounts isdescribedin "conductingBicycleand PedestrianCounts", a manual jointly produced by the Southern California Association of Governments ( SCAG) and Metro. The manual is available at http:// www. metro. net/ projects/ call projects/.
GRANTEEis required to coordinate and seek input with Metro Planning and Operations and other municipaloperatorsfor anypotential effectto transit serviceasnecessary.
Complete Streets — GRANTEEmust comply with the California Complete Streets Act of 2008 prior to the first programming year. To comply, GRANTEEmust either modify their adopted General PlanCirculation Element to identify how they will provide for the mobility needs of all users of the roadway or adopt a City Council resolution indicating their support of Complete Streets. Proof of compliance must be submitted to the Metro Project Manager prior to execution of the funding agreement and will be an attachment to the agreement.
Rev: 10. 27. 2017 1 FA Attachment E Special Conditions
CITY OF Office of the City Manager
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FA Attachment F
PROJECT READINESS CERTIFICATION
As part of the 2015 Call for Projects, the LACMTABoard of Directors, authorized a grant to GRANTEEor ProjectSponsorCityofLongBeachfortheV StreetPedestrianGallery (the "Project").
Priorto executionof FundingAgreementfor the Project, GRANTEEor ProjectSponsorCityof LongBeach must assureLACMTAthat GRANTEEhastaken the necessarystepsto ensurethat the Projectwill be appropriatelystaffed, thattheProjectwillbeappropriatelyfunded, andthattheProjectwillbecompleted In a timely manner.
Theundersigned, dulyqualifiedandservingasCityManagerfor theCityof LongBeach, certifiesthatthe belowProjectReadinessactionshavebeendulyauthorizedandapprovedbyItsGoverningAuthority. The undersigned further certifies that the information submitted herein is true and accurate to the best of his/ her knowledge.
THOMAS B. MODICA
CITY MANAGER
Signature pate
EXECUTED PURSUANT
TOSECTION301Of
THECITYCHARTER.
1) GRANTEEhas incorporated the Project Into the adopted Capital Improvement Program (CIP). The date the adopted CIPIncluded the Project isset forth below and attached to this Certification isthe CIPcover page and the date showing the Project.
APPROVEDAS TO FORM
Date of Adoption
v
9/ 4/ 2018
2) GRANTEEhereby commits to provide Its Loca
20 9 ESPARKIN, City, Aftomey
Oy
ERINW EEESNER»MCKINLEY
h amount accepfe5pb' VeWjfflgg asfollows!
Metro Grant Amount Local Match Amount Total Project Cost 2, 716, 524 905, 507 3, 6x2, 031
3) GRANTEEherebycommitstothefollowingStaffingPlanfortheProject:
Staff Name lob Title p0* 4
ROpansibft .
Eric Lopez Public Work Director 5%
Marilyn Surakus Project Management Bureau
Manager
5%
Amelia Bodek Project Manager 8096
Mark Whitaker ProjectAnalyst_ 20%
4) GRANTEEherebycommitsto deliverthe Projectbythe ProjectLapseDate.
Project Lapse pate: June 30, ,2022
5) GRANTEEhassubmittedalloftheforegoingtotheGoverningAuthorityofGRANTEEforapprovalin the date set forth below.
Date of GoverningAuthority
roval
9/ 4/ 2038
SubmitGoverningAuthority Clarkstampedagenda/rninutes)