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Resolution No. 77321 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LETTER AGREEMENT FOR PROJECTS PROGRAMMED THROUGH THE STATE TRANSPORTATION IMPROVEMENT PROGRAM BY AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR FUNDING OF THE I-710 ATLANTIC/BANDINI INTERCHANGE IMPROVEMENTS, PHASE I WHEREAS, the City of Vernon anticipates the completion of the Project Report and Environmental Impact Report for the proposed improvements to the I-710 At-lantic/Bandini Interchange (the "Project") Ito occur within the next five months; and WHEREAS, the improvements proposed in the Project will be constructed in two phases with Phase I to consist of local improvements and Phase II to consist of the reconfiguration of on and off ramps at the I-710 Atlantic/Bandini interchange and improvements at the Atlantic/Bandini interchange; and WHEREAS, a major portion of the required right-of-way will be acquired as part of Phase I, which will extend 26th Street across Atlantic Boulevard to 1st Street, requiring the construction of a brie over Atlantic Boulevard and the construction of public utilities; and WHEREAS, in order for the City of Vernon to proceed to Phase II, it must obtain the necessary approvals and obligate funds; and WHEREAS, Phase I is to be funded by the City of Vernon and the JLos Angeles Regional Transportation Improvement Program ("RTIP"); and WHEREAS, the Los Angeles County Metropolitan Transportation Authority ("MTA") is the administering agency for RTIP monies; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, as part of the MTA 1998 and 2000 State Transportation Improvement Programs ("STIPs"), the MTA and the California Transportation Commission authorized the programming of funds to the City of Vernon for the Project, subject to the terms and conditions of a STIP Letter of Agreement; and WHEREAS, in order to obligate RTIP funds, the City of Vernon is required to enter into a STIP Letter of Agreement with MTA; and WHEREAS, the total cost for Phase I is $15,153,000.00, with the City's share being $5,353,000.00 and the MTA's share being $9,800,000.00; and WHEREAS, by letter dated March 14, 2001, Bruce V. Malkenhorst, the City Administrator/City Clerk, has recommended approval of the STIP Letter of Agreement with MTA for the programming of funds to the City of Vernon for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Letter of Agreement For Projects Programmed Through The State Transportation Improvement Program, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator/City Clerk to execute said Letter Agreement for, and on behalf of, the City of Vernon. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to transmit one executed Letter Agreement to: Los Angeles County Metropolitan Transportation Authority Attn: Jimmy X. Chen, Ph.D, Project Manager One Gateway Plaza, Mail Stop 99-22-3 Los Angeles, CA 90012-2825 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 21St day of March, 2001. LEONIS C. MADEURG, M yor ATTEST• �KL BRUCE V. MALKENHORST, City Clerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7732, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, March 21, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. I (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT FAW Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012-2952 February 14, 2001 Samuel Kevin Wilson, P.E., L.S. Director of Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon CA, 9005$ RE: LETTER OF AGREEMENT (LOA) FOR PROJECTS PROGRAMMED THROUGH THE STATE TRANSPORTATION IMPROVEMENT PROGRAM (STiP) Samuel Kevin Wilson: As part of the MTA 1998 State Transportation Improvement Program (STiP), the Los Angeles County Metropolitan Transportation Authority (MTA), at its meeting of June 25, 1997, and the California Transportation Commission (CTC), at its meeting of January 14, 1998, authorized the programming of funds to the City of Vernon for the 1-710 AtlanticBandini Interchange Improvements, Phase I, subject to the terms and conditions contained in this STIP 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 IAA, Attachment A - the Programmed Budget, Attachment B - the Financial Plan, Attachment C - the Scope of Work, and any other attachments or documents referenced therein. Please acknowledge your acceptance and agreement to the terms and conditions of this LOA by signing below. V truly yours Julian Burke Chief Executive Officer Accepted and Agreed to: I0 Name: Title: Date: For Agency Use Only LOA # STPL# STATE TRANSPORTATION IMPROVEMENT PROGRAM LETTER OF AGREEMENT 1, Title of the Project (the "Project"): the 1-710 Atlantic/Bandini Interchange Improvements, Phase I 2. Amount of Funds Programmed (the "Funds"): $9,800,000. MTA Board action of June 25, 1997, and CTC approval of January 14, 1998, programmer. funds to Project Sponsor for the Project for one (1) year, Fiscal Year (FY) 2000-2001. 3. The Funding Agency for this Project (the "Agency") is: CALTRANS The Programming Agency for this Project is the MTA. 4. Reports and Certifications to be submitted to MTA by Project Sponsor: • Quarterly Narrative Update on Project progress • Copies of all reports and information submitted to the Agency 5. Pursuant to Part II Section 72, Project Sponsor will submit to MTA copies of Agency Grant Applications, "Request for Approval/To Proceed" documents (Caltrans Form FNM-76), and/or Fund Transfer Agreements and/or the Fund Request it submits to the CTC. The Fund Request shall be administratively approved by the MTA CEO or his designee before it is submitted to the CTC. 6. Programmed Budget (the "Programmed Budget") for the sources of funds programmed for the Project is attached to this LOA as Attachment A. 7. Financial Plan (the "Financial Plan") for the Project is attached to this LOA as Attachment B. 8. Scope of Work (the "Scope of Work") for the Project is attached to this LOA as Attachment C. 2 STIP - Letter of Agreement (LOA) 10. No material changes to the Programmed Budget or the Scope of Work shall be funded or allowed without prior written approval of the MTA and the project sponsor. Prior approval of the CTC may also be required by Caltrans. Such prior approval shall be evidenced by an amendment to this LOA approved and signed by the MTA Chief Executive Officer or his designee and Project Sponsor. Project Sponsor shall give advance notice to MTA of all proposed changes to the Programmed Budget or Scope of Work and both parties shall participate in any application to the CTC for revised or supplemental Project funding if such an application is required by Caltrans. 11. MTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Jimmy Chen 12. Project Sponsor's Address: City of Vernon Samuel Kevin Wilson, P.E., L.S. Director of Community Services and Water 4305 Santa Fe Avenue Vernon CA, 90058 3 STIP - Letter of Agreement (LOA) 1. PAYMENT OF FUNDS. Project Sponsor shall receive the Funds directly from the Agency pursuant to a separate agreement with 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 the MTA as required by MTA 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 MTA as the programming agency, 2. TERM. The term of this LOA shall commence upon execution of this LOA and shall terminate upon the completion of all of the following, unless terminated earlier as provided herein:(i) the time at which the agreed upon Scope of Work, as more particularly described in Attachment C attached hereto (the "Scope of Work"), has been completed and signed -off by the MTA Project Manager; (ii) all Agency audit requirements have been met; (iii) all MTA and Agency reporting requirements have been satisfied; (iv) all applicable requirements of the Agency have been met, and (v) the final disbursement of the Funds has been made to Project Sponsor. 3, ]INVOICE BY PROJECT SPONSOR. Project Sponsor shall submit invoices to the Agency in the form, manner, and schedule specified by the applicable requirements of the Agency. 4.1 Project Sponsor shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the applicable requirements of the Agency. 4.2 Attachment C shall constitute the agreed. upon Scope of Work between MTA and Project Sponsor for the Project. The Funds, as programmed under this LOA, can only be used towards the completion of this Scope of Work- Project Sponsor shall also be subject to and comply with all applicable requirements of the Agency administering this Project in regards to changes in the Scope of Work and/or Project schedule. '!: ► s►II s 11 Y C i 11: ►�1 5.1 Project Sponsor shall be subject to and comply with all applicable requirements of the Agency regarding Project reporting and audit requirements. Project sponsor should use the STPL#, the MTA Project ID# and the PPNO# on all correspondence. 4 STIP - Letter of Agreement (LOA) 5.2 Since this Project is funded exclusively with State/Federal funds and contains no MTA local funding, MTA as the Programming Agency has no audit responsibilities on this Project. Instead, Project Sponsor and Agency shall conduct such compliance, pre -award and performance audits as deemed necessary to assure funding expenditures conform to the terms of this LOA and all applicable Project funding guidelines, laws and regulations. 5.3 In addition Project Sponsor shall submit the Quarterly Expense Report and the Quarterly Progress Report to the MTA (on the last day of the months of November, January, April, and July). The Quarterly Expense Report and Quarterly Progress Report shall include information that documents; • How much was invoiced • The amount of the project complete • Which milestones were met • Remaining milestones and funds to complete the project • Revised quarterly cash flow . • Revised schedule to complete the project • Summary invoices • If no activity has occurred during a particular quarter, Project Sponsor will still be required to submit the Quarterly Expense Report indicating no dollars were expended that quarter and the Quarterly Progress Report documenting the reason for no activity All supporting documents must include a clear justification and explanation of their relevance to the Project, {Note to Project Sponsor: Please be sure that your scope of work and Project milestones are consistent with the lapsing policy stated in Part II section 7.1.1 6.1 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 other project than that specified in this LOA and the applicable requirements of the Agency. 6.2 Project Sponsor shall be responsible for any and all cost overruns for the Project. 6.3 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. 6.4 Subject to the requirements and regulations of the Agency, and to the extent allowed by the Agency, any underruns to the Programmed Budget shall be apportioned between MTA and Project Sponsor in the same proportion as the Sources of Funds from each party to this STIP - Letter of Agreement (LOA) 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 allocation of the Funds shall revert back to MTA for future programming at MTA's discretion. 6.5 The programmingof the Funds does not imply nor obligate any future funding commitment on the part of WA or the Agency. u1 i IN IM R Dili:! :sAGri11► ! 133 7.1 The following is the MTA's understanding of the state requirements for timely use of funds, as such; the terms of this section are subject to change by Caltrans and/or the CTC. Programmed funds are available for a project specific allocation vote by the CTC only until the end of the Fiscal Year (FY) for which they are programmed. The project sponsor must present Caltrans District 7 with a completed project specific allocation request at least 60 days in advance of the OTC's meeting in June of the applicable -Fiscal Year. An allocation request will not be considered complete by Caltrans unless it includes MTA concurrence. • After funds are allocated by a specific vote of the CTC for construction or capital purchase, the Project Sponsor has twelve (12) months to award a contract; otherwise, funds may be rescinded by the CTC and the MTA will not be responsible for replacing them. After award of a contract, the Project Sponsor has up to thirty-six (36) months to complete such contract and expend and receive reimbursement of the expenditures. Funds allocated by the CTC for project development or right-of-way costs must be expended by the second Fiscal Year following the year in which the funds were allocated. The deadline for the project specific allocation vote can be extended by the CTC, but only if the CTC's action occurs by June of the Fiscal Year in which the funds are programmed. The possible CTC extensions are one time and for up to 20 months, but only if the CTC finds that an unforeseen. and extraordinary circumstance beyond the control of the project sponsor has occurred that justifies the extension. Following the allocation, at the end of the period allowed for expenditure and reimbursement of expenditures, subject to the requirements and regulations of the Agency and the CTC, and to the extent allowed by the Agency and the CTC, Project Sponsor shall relinquish any Funds not reimbursed to the State Highway Account for future programming at the CTC's discretion. 6 STIP - Letter of Agreement (LOA) Assuming the above allocation and project development/right-of-way expenditure and reimbursement deadlines have been met, funds programmed for FY 2000-01 are subject to lapse on June 30, 2004. Funds programmed for FY 2001-02 are subject to lapse on June 30, 2005. Funds programmed for FY 2002-03 are subject to lapse on June 30, 2006. Prior to an allocation, a STIP amendment reprogramming funds to a later year will postpone the application of the lapsing provision. However, this request must be made 90 days prior to the last CTC meeting of the Fiscal Year prior to the Fiscal Year in which the funds are programmed. The CTC will not amend the STIP to change the program year of the funding after the beginning of the fiscal year for which the project is programmed. Sponsors may request a one-time extension to the allocation deadline as noted. above. 7.2 Project Sponsor must execute this LOA by the last day of February of the first Fiscal Year in which the Funds are programmed and demonstrate evidence of timely obligation of Funds prograrnmed for the Project within the time period described in Part II, Section 7.1 of this LOA. Evidence of timely obligation includes a signed "Request for ApprovaUTo Proceed" document (Caltrans Form FNM-76), a signed Grant Application document with the Agency or Fund Request Project Sponsor submits to the CTC. 7.3 In the event this LOA is not executed and/or evidence of timely obligation of the Funds is not provided as described in Part lI, Sections 7.1 and 7.2 of this LOA, the Project will be reevaluated by WA and MTA may apply to the CTC for deobligation and reprogramming of Funds. In the event the Funds are deobligated or reprogrammed, this LOA shall automatically terminate without further action by either party. g. DE AAI I N, A Default under this LOA is defined as any one or more of the following: (i) Project Sponsor fails to comply with the terms and conditions contained herein; or (n) Project Sponsor fails to perform satisfactorily or makes a material change, as determined by MTA at its sole discretion, to the Plan, the Scope of Work, or the Programmed Budget without MTA's prior written consent or approval as provided herein or (iii) Project Sponsor is in default with the Agency, 9.1 In the event of a Default by Project Sponsor, MTA shall provide written notice of such Default to Project Sponsor with a 30-day period to cure the Default. In the event Project Sponsor fails to cure the Default, or commit to cure the Default and commence the same, within such 30-day period and to the satisfaction of MTA, MTA may apply to the CTC for deobligation and reprogramming of Funds. In the event the Funds are deobligated or reprogrammed, this LOA shall automatically terminate without further action by either party. 9.2 Effective upon receipt of written notice of termination from MTA, Project W STIP - Letter of Agreement (LOA) Sponsor shall not undertake any new work or obligation with respect to this LOA unless so directed by MTA in writing. 9.3 The remedies described herein are non-exclusive. MTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. R11001rewl.1 :►A RXIM1 {►11 {► 10.1 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. 10.2 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. 10.3 Neither the WA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted 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 and subcontractors under this LOA. Project Sponsor shall My indemnify, defend and hold the MTA, 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: (i) misuse of the Funds by Project Sponsor, or its officers, agents, employees or subcontractors; (ii) breach of the Project Sponsor's obligations under this LOA; or (iii) any act or omission of the Project Sponsor, or its officers, agents, employees or subcontractors in the performance of the work or the provision of the services, including, without limitation, the Scope of Work described in this LOA. 10.4 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. 10.5 Project Sponsor shall comply with and insure that work performed under this LOA is done in compliance with Federal Agency Regulations (FAR), Generally Accepted D STIP - Letter of Agreement (LOA) 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, the CTC and MTA. 10.6 Project Sponsor shall not assign this LOA, or any part thereof, without written consent and prior approval of the MTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. 10.7 This LOA shall be governed by California law. if any provision of this LOA 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. 10.8 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. 10.9 Project Sponsor agrees that all literature, advertisements, brochures, video, radio and public service announcements, construction site signs, and all other materials relating to the Project and distributed to the public will contain recognition of the MTA's contribution as well as the approved METRO logo. If applicable, Project Sponsor agrees to display the METRO logo on its buses, shuttle buses, vans, and taxis utilized for services provided under this Project. The METRO logo is a copyrighted symbol, which shall be reproduced and displayed in accordance with . specific graphic guidelines available from the MTA Graphics Department at the address in Part I, Section 10 of this LOA. Project Sponsor agrees to follow directions of the MTA Marketing Department to comply with this Section of the LOA. 10.10 Notice will be given to the parties at the address specified in Part I, Sections 11 and 12 unless otherwise notified in writing of change of address. 10.11 Project Sponsor in the performance of the work required by this LOA is not a contractor nor an agent or employee of the MTA and attests to no organizational or personal conflicts of interest and agrees to notify the MTA immediately in the event that a conflict, or the appearance thereof, arises. Project Sponsor shall not represent itself as an agent or employee of the MTA and shall have no powers to bind the MTA in contract or otherwise. 9 cl D 00 La E G) O w s. z LLJ Q L ' W CL �QQ in a 0. I �4 xS ^ M a O 'St LO O {} cm O }4 •�, f{ .fir,. f• it OM C a 4 O tf? to t2 . 4•'Qnt': 2y f K � t { w 1C j r k 0 M }{.:f vi�•rl {}fi} v�'vy CD } • \�+(: D .'t�?;r:'::++eel:;:+•'.•: N m E - w � t } LL O } so C Q Ix iiti�}rviv :v:: :!:!•: �'"!ti?n:. :8 ;:i}.}:: y��_ V4i� O LIB (L w O to + J Ci cM �< m rn ui I: 4 3 Iq N 1Iq S M 0 Na M to Cil b4 ..: " %to N O N 00 S M t0 O . > ,, .>.•i> N M O In N 00 }CiN in O d h .(y \. a M to co W' IZ:{ ` cm to '05 oi cq rPr o . };< � to .. x. 3<j• •: ko N N lqt 00 cn 0 0cm ,4 69. w to N d co co zX'„k ,,- N 0 aD LOm cn OD ~ f O0 N 01 r..:L KK N N N 1.* co .VwTwL}-ii al #i3 M O a rn k N Cl O. ;U- l _d N ¢ cQc �' m Q ��+ d O �'.� i+ W L~ ++ Q STEP - Letter of Agreement (LOA) V1 to . U173 SCOPE OF WORK The configuration of the existing 1-710/I-5 freeways is such that there is no direct connection between the northbound I-5 freeway and the southbound I-710 freeway, nor between the northbound 1-710 freeway and the southbound I-5 freeway. Therefore, Atlantic Boulevard serves as the direct connector between the northbound I-5 freeway and the southbound I-710 freeway, as well as between the northbound I-710 freeway and the southbound I-5 freeway. All traffic between the I 710 freeway and the I-5 freeway in the northbound and the southbound directions must pass through the Atlantic/Bandini Intersection and Interchange. Furthermore, the I 710/Atlantic Avenue/Bandini Boulevard Intersection and Interchange is a key link in the intermodal logistics chain between the Ports of Long Beach and Los Angeles, and the Burlington Northern Santa Fe (BNSF) Hobart Yards and the Union Pacific (UP) Redondo Junction Rail Yards, Due to its mounting traffic congestion at the I-710/Atlantic/Bandini Intersection and Interchange, improvements to this Intersection and Interchange will: (1) reduce congestion and queuing on the 1-710; (2) significantly improve conditions for trucks traveling in and out of the BNSF and UP Rail Yards; (3) assist Port -generated truck movements which exit the I-710 at Atlantic Ave./Bandini Blvd. to reach the BNSF and UP Rail Yards; and (4) help preserve a critical manufacturing center in the Los Angeles region by facilitatingthe transportation of raw materials/supplies and finished goods in and out of the area. This project as funded consists of two phases. Phase I, which the MTA has approved $9.8 million of STIP funds for and represents local improvements providing an arterial bypass route around the proposed interchange, consists of the following elements: • construction of the 26t' Street extension including a bridge over Atlantic Boulevard. The extension of 26t' Street will require the construction of a new City owned and maintained bridge over existing Atlantic Boulevard. The proposed bridge will span approximately 76.88 meters; • construction of the new 1st Street, which will connect the 26a' Street extension to Bandini Boulevard; and • acquisition of property necessary for the before mentioned projects (363.98 meters long) and a loop on -ramp (400 meters long). Phase I will be funded with STIP Regional Improvement Program (RIP) funds and local match. The total project cost of Phase I (inflated dollars) is estimated to be $15.153 million. With RIP funds providing $9.8 million (64.7% of the total project cost) for this project, the City of Vernon will provide the remaining $5.353 million (35.3% of the total project cost) as local match. 10 SIP - Letter of Agreement (LOA) Project Schedule Phase I Bewin End PA ED June-2001 PS&E Jul -2001 Jul -2002 R/W Acauisition Jul -2001 ul -2002 R/W Su rt Construction S -2002 - Jun-2003 Construction Su ort S -2002 Jun-2003 STIP LOA ATTACHMENT D REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES • Quarterly Expense Report (Attachment Dl) and Quarterly Progress Report (Attachment D2) are required for all projects. No funds will be disbursed unless these reports have been submitted and approved by the MTA based on the Letter of Agreement (LOA) Reporting Schedule. • The Quarterly Progress Report covers all activities related to the project. It is essential that Grantee provides complete and adequate response to all the questions. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. The Quarterly Expense Report lists all costs incurred. The expenses listed must be supported by appropriate documentation such as invoices, receipts, time sheets, etc. Every invoice or receipt must be accompanied with a clear explanation of its purpose and its relevance to the project. The Quarterly Expense Report must reflect the proportionate share of local match, including in -kind, charged to the grant. If reported charges to local match are below the committed ratio (grant to local match) as indicated in the project LOA, Caltrans may automatically adjust the grant payment accordingly or payment may be withheld. Quarterly reports are due the last day of the months of Novemeber, January, April and July. Reporting schedule is based on the fiscal year as follows: Quarter July —September October — December January March April — June Report Due Date November 30 January 31 April 30 July31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. 12 1 STIP - Letter of Agreement (LOA) EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope -of -Worm (MOU Attachment C), is considered inel gihie and will not be reimbursed by the MTA unless written authorimflon has been granted by the MTA Chief Executive Officer or his designee. • Any expense charged to the grant or local match, including in -kind, must be clearly and directly related to the project. • Any activity or expense charged as local match cannot be applied to any other MTA-funded or non-MTA-funded projects; activities or expenses related to a previously funded project can not 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. • MTA is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the execution of the MOU, unless written antharization has been granted by the MTA Chief Executive Officer or her designee. • The MOU is considered executed when the MTA Chief Executive Officer or her designee signs the document. DEFINITIONS Local Participation: Where local participation consists of in -kind" contributions rather than funds, the following contributions may be included: • Costs incurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights -of -way purchase, and construction management costs. • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. • Donations of volunteer services dedicated to the project. • A third -party contribution of services, land, building space, supplies or equipment dedicated to the project. • Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with 13 STIP - Letter of Agreement (LOA) industry standard of pay for work classification. + Excessive Cost: Any expense deemed "excessive' by MTA staff will 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. 14 S'T"IP - Letter of Agreement (LOA) LOA ATTCHIVMNT D1 QUARTERLY EXPENSE REPORT Project Sponsor MOU Number Fiscal Year ❑ FY 1999-00 © FY 2000-ol ❑ FY 2001-02 {IFY 2002-03 FIFY 2003-04 EIFY 2004-05 [] T 2005-06 CIFY 2006-07 Project Quarter] (Jan -Mar) ❑ (Apr -Jun) El (Jul -Sep) El (Oct -Dec) Report Number: Date Submitted Percent of Project Completed Milestones Tasks Completed Grant to Local Match Ratio* STIP Grant Local Match Total (include in -kind) This Quarter =z Total Project Budget Funds Expended to Date (include this Quarter) Balance i certify that I am the responsible fiscal officer of and that to the best of my knowledge and belief the information stated above is true and correct. Signature: Title: Name: Date: *1 Local Match must be spent in the appropriate proportion to NY grant with each quarter payment. *2 The amounts shown here must equal to the total amounts listed on page 2 of this form. 15 t y t r. -� o� ¢' o W W v} ocfs VD cd CA UF-4 40. �A 10. c W fiq 6e ds W � � 78 V ' o bs 6s Os 649� ds es es Hs 60q t�s sys tss W "� U o p N 3. h+l O � {, W "0 9 O C .~ •o 0 '0 a .:' = AM to � 0 u o 45 o oio o v ►Z-i oIZ o (D •� a ►� a �91. o o W ,to N v -o � o a od 40. a bF3 W w' W U�U ry rN W a v "d .� ts, 0 � p W N aj rvl� Cd w h O g .O p + y «S 0♦ 1-4 " td N 404 O 0 a tq N41 as to x 0 -4� +, 4 U a� H rA N N rA y� `i O r� O40 v Lr 'Q ice+ 4-( U y � V .--� td , ) U v H cV M �f STIP - Letter of Agreement (LOA) STE? LOA ATTACHMENT D2 QUARTERLY PROGRESS REPORT INSTRUCTIONS Pursuant to the terms specified in the MTA TIP Call For Projects Letter of Agreement, grantee must submit a Quarterly Progress Report on the last day of the months of October, January, April and July. Please complete this questionnaire and return to your respective MTA Modal Team representative. !SECTION f: GENERAL INFORMATION 1. Project's Report Schedule: Fiscal Year El FY 1999-00 El FY 200U-01 El FY 2001-02 CIFY 2002-03 C]FY.2003-04 EIFY 2004-05 EIFY 2005-06 EIFY 2006-07 El (jan Mar) (Apr -June) ❑ (July -Sept) ❑ (Oct -Dec) 2. Date Submitted: Report Number: 3. Project Sponsor: 4. Project Title: 5. PPNO, and EA #'s: 6. Modal Category: 7. MTA Modal Team Representatives 8. Project Sponsor Representative: 1 STIP - Letter of Agreement (IAA) !SECTION 11: QUARTERLY REPORT 1. DELIVERABLES & MILESTONES List deliverables and milestones scheduled for this quarter as stated in the LOA. 2. STATUS REPORT Describe tasks accomplished this quarter based on the approved schedule of deliveries (LOA Attachment C, Scope of Work). Also list remaining tasks and schedule to complete the project 3. PROBLEMS Describe unanticipated problem areas and how they have been/will be resolved. (this quarter only) 4. MARKETING (if applicable) List and describe types of marketing efforts/strategies implemented this quarter. Please provide samples if applicable. 1 SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 April 5, 2001 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Los Angeles County Metropolitan Transportation Authority Attn: Jimmy X. Chen, Ph.D, Project Manager One Gateway Plaza, Mail Stop 99-22-3 Los Angeles, CA 90012-2825 Re: Letter of Agreement for Projects Programmed Through the State Transportation Improvement Program. Dear Mr. Chen: Transmitted herewith is a copy of Resolution No. 7732 and an executed original copy of the Letter of Agreement for Projects Programmed Through the State Transportation Improvement Program approved by City Council at their meeting held March 21, 2001. If you have any questions regarding this matter, please call Kevin Wilson at 323/583-8811 ext. 245. V ruly our , i��J�J-tee Gloria J. rosco Chief Deputy City Clerk GJO:ng CC: Kevin Wilson/Resolution No. 7732 Resolution No. 7732 Agreement File No. 01-017 M February 14, 200.1 Metropolitan Transportation Samuel Kevin Wilson, P.E., L.S. Authority Director of Community Services and Water City of Vernon One Gateway Plaza 4305 Santa Fe Avenue Los Angeles, CA Vernon CA, 90058 - 90012-2952 RE: LETTER OF AGREEMENT (LOA) FOR PROJECTS PROGRAMMED THROUGH THE. STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) Samuel Kevin, Wilson: As part of the MTA 1998 State Transportation Improvement Program (STIP), the Los Angeles County Metropolitan Transportation Authority (MTA), at its meeting of June 25, 1997, and the California Transportation Commission (CTC), at its meeting of January 14, 1998, authorized the programming of funds to the City of . Vernon for the I-710 Atlantic/Bandini Interchange, Improvements, Phase I, subject to the terms and conditions contained in this STIP 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 Programmed Budget, Attachment B - the Financial Plan, Attachment C - the Scope of Work, and any other attachments or documents referenced therein. Please acknowledge your acceptance and agreement to the terms and conditions of this LOA by signing below. V truly yours �. Julian Burke Chief Executive Officer Accepted and Agreed to: By: Name: Title: Date: ---