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2400 - Los Angeles County Metropolitan Transportation Authority - Metro Rapid Five Year Implementation Plan ETA Grant No: CA-03-0796 Agmt: FA.MRBSREL54 FIS Grant No: 700264 CFDA: 20500 DUNS: 020751772 AGREEMENT This Funding Agreement ('Agreement') is dated for reference purposes only August 15, 2014, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Rosemead (the "City") for Metro Rapid Bus Station Implementation. RECITALS: A. The LACMTA Board of Directors, at its September 26,2002 meeting, approved the Metro Rapid Five-Year Implementation Plan (Attachment A) and set aside regional funds to complete the program,including funds for Metro Rapid stops/shelters along each of the existing Metro Rapid Lines. B. In FY 2003. FY 2004. and FY 2006, Congress appropriated S40,001229 of Congestion Mitigation and Air Quality Improvement(CMAQ) funds for the Metro Rapid Expansion Program. Additionally, in FY 2008, FY 2009, and FY 2010, Congress appropriated S16,700,000 of Very Small Starts Section 5309 funds for the Program. The CMAQ funds and the Section 5309 funds(the "Federal Funds") have been allocated for the purpose of constructing and implementing transit priority signal systems and branded stations along Metro Rapid corridors. C. LACMTA seeks to install new Metro Rapid bus station amenities along the Garvey- Chavez Metro Rapid corridor in the City. as set forth in the Scope of Work (Attachment B). the Funding Plan (Attachment C), the Expenditure Plan (Attachment f)) and the Project Schedule(Attachment 1-). which are collectively referred to herein as the "Project. D. The total Project budget is up to $21,000. LACMTA desires to pass through to the City up to $9,750 of Federal Funds, grant to the City up to $5,250 of LACMTA Proposition C 25% Funds (the `Prop C Funds"), and up to $6,000 in LACMTA Local Funds (the "Local Funds') for the Project. The City has agreed to provide any additional funding necessary to complete the Project. Collectively, these funding amounts constitute the Project budget and are referred to herein as the Funds E. The parties hereby desire to execute this Agreement to authorize LACMTA to serve as the "Pass Through Agency' for the Federal Funds and for LACMTA to grant the Prop C Funds and Local Funds to the City, all as set forth herein. Page 1 of I7 I. USE OF FUNDS 1.1 The City shall complete the Project as described in the Scope of Work, attached as Attachment B and the Project Schedule, attached as Attachment E. The Scope of Work includes a description of the Project, including without limitations. Project tasks and deliverables. Work shall he delivered in accordance with the Project Schedule unless agreed to by the Parties. 1.2 LACMTA shall provide Federal Funds to the City and to the extent the Prop C Funds and Local Funds are available, LACMTA shall make a one-time grant to the City in Prop C Funds and Local Funds for the Project, subject to the terms and conditions contained herein. These Funds have been programmed to the Project as follows: up to$11,000 in FY 2015, and up to $10,000 in FY 2016. All Federal funds are contingent upon Federal appropriation and the Federal transit Administration's(PTA) approval of a grant application. All Prop C Funds and Local Funds are subject to annual LACMTA Board of Directors approval of the fiscal year budget. L3 LACMTA shall install a Metro Rapid pole at each bus stop location as set forth in the Scope of Work (Attachment B). The cost to manufacture and install the poles is the responsibility of LACMTA and is not reflected in the Project budget contained in this Agreement. [fat any and all locations where the City prohibits or substantially delays LACMTA from proceeding with installation of the pole, no other Project components will be installed at said locations. Furthermore, the City will be ineligible for funding reimbursements for all Project components implemented at said locations and must repay 100% of funding received from LACMTA for Project components implemented at said locations. 1.4 The design and material specifications of all Project components set forth in the Scope of Work arc conceptual. Final design specifications and subsequent installation of any and all Project components at each said location are subject to City approval. 2. PAYMENT OF FEDERAL FUNDS 2.1 To the extent LACM fA receives Federal Funds pursuant to the Federal Grant, LACMfA shall use such Federal Funds to reimburse the City for eligible Project expenses as set forth herein. Advanced payments of Federal Funds by LACMTA are not allowed. 2.2 Payments to the City will be processed by LACMTA within thirty(30) calendar days after receipt of a Request for Reimbursement along with all supporting documentation and substantiated invoice amounts. The City must also adhere to the requirements of Section 4 in order for payments to be processed by LACMTA. 2.3 The City shall be subject to and comply with all requirements of the Page 2 of 17 Federal Grant and other applicable requirements of the Federal Department of Transportation (USDOT), Federal Department of tabor(DOL), ETA and of the LACMTA as required by LACMTA to fulfill its responsibilities as the Grantee under the Federal Grant, and as a Pass Through Agency. 3. TERM The term of this Agreement shall commence on August 15, 2014 and shall terminate upon satisfaction of each of the following conditions: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied: (iii)the Federal Grant has been closed; and (iv)the final disbursement of the Funds has been made to the City. 4. REQUEST FOR REIMBURSEMENT 4.1 All eligible Project expenses, as defined in the Scope of Work and Expenditure Plan, incurred after the Agreement is executed shall be reimbursed in accordance with the Icons and conditions of this Agreement unless otherwise agreed to by the parties in writing. 4.2 Once a quarter, the City will prepare and submit to LACMTA a certified and original Request for Reimbursement for actual allowable Project costs incurred and paid for by the City consistent with the Scope of Work. Disbursements shall be made on a reimbursement basis using the Request for Reimbursement form which is part of the Quarterly Progress/Expense Report attached to this Agreement as Attachment F. Instructions on how to complete the Quarterly Progress/Expense Report can be found in the Reporting & Expenditure Guidelines (Attachment G). 4.3 Each Request for Reimbursement will report the total Project expenditures and will specify the percent and amount of Federal Funds, Prop C Funds, and I.ocal Funds to be reimbursed. The Prop C Funds are considered"local match' to the Federal Funds and theretbre the Prop C Funds must be invoiced in the appropriate proportion to the Federal Funds with each billing period's expenditures. Each Request for Reimbursement will be accompanied by the Quarterly Progress/Expense Report and supporting documentation describing the overall work status and progress on Project tasks. In accordance with Section 7.3, the Quarterly Progress/Expense Reports and associated documentation, including but not limited to, Requests for Reimbursement and completed and substantiated invoices, must be approved by LACMTA before grant payments can be made to the City. Submittal of incomplete Requests for Reimbursement and/or associated documentation will result in delayed funding disbursements to the City. 4.4 The City shall submit a draft Request for Reimbursement. including completed and substantiated invoices, to the LACMTA Project Manager for review ten (I0) days prior to submitting each Request for Reimbursement. Page 3 of 17 4.5 The Quarterly Progress/Expense Report with supporting documentation of expenses and Project progress shall be sent to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA FA# FA.MRBSHE1.54 Scott I Iartwell,Project Manager Mail Stop: 99-23-2 With a copy mailed to: Scott Hartwell, Project Manager I.os Angeles County Metropolitan Transportation Authority One Gateway Plaza MS: 99-23-2 Los Angeles, CA 90012 4.6 LACMTA shall retain 5% of the invoice amount until LACMTA has made a determination that all contract requirements under this Agreement, including the reporting and audit requirements contained in Section 7,have been satisfactorily fulfilled. 4.7 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House(ACH) will be made at no cost to the City. The City must complete the ACH form and submit such form to LACMTA before any payments can he made. 4.8 Eligible project costs are described in the Scope of Work, Expenditure Plan, Federal Grant and FTA guidelines. 4.9 Each Request for Reimbursement must be submitted on the City's letterhead. 4.10 The City should consult with LACMTA staff for questions regarding the eligibility of project expenses for reimbursements. 4.11 l'otal reimbursements shall not exceed the Federal Funds, Prop C Funds, and Local Funds provided for the Project. 4.12 If any amounts paid to the City are disallowed or not reimbursed by the ETA or LACMTA for any reason, the City shall remit to LACMTA the disallowed or non-reimbursed amount(s) within 30 days from receipt of[ACMTA's notice. All payments made by LACMTA hereunder are subject to the audit provisions contained herein. Page 4 of 17 5. EFFECTIVE DATE AND START OF REIMBURSABLE ACTIVITIES Unless written notification is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is the date LACMTA and the City execute this Agreement and LACMTA has entered into the Federal Grant agreement. 6. FEDERAL AND PROP C REQUIREMENTS 6.1 The City shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with this Agreement, the Reporting and Expenditure Guidelines, the Federal Grant and the most recently adopted LACMTA Prop C Guidelines for the type of Prop C funds granted by LACMTA hereunder(the "Guidelines'). Attachment B shall constitute the agreed upon Scope of Work between LACMTA and the City for the Project. The Funds, as provided under this Agreement, can only be used towards the completion of the Scope of Work. 6.2 The City's project administration direct costs may be invoiced for up to 5% of the actual grant-eligible project costs. Project administration may consist of direct expenses for grants management, project accounting, or procurement activities. Costs for project administration that exceed 5% shall require LACMTA's prior approval of a Project Administration Stalling Plan. No indirect costs may be invoiced to the Project;provided, however, if the City has a federally approved Cost Allocation Plan for the applicable fiscal year, the City may invoice for indirect costs consistent with the federally approved Cost Allocation Plan. 6.3 Costs for design, construction, inspection, or construction management activities may be incurred using the City's labor forces based on one or more of the following conditions: (1) cost savings, (2) exclusive expertise, (3) safety and efficiency of operations, and (4) union agreement. The City must submit to LACMTA a Force Account Plan, if labor forces exceed $100,000, before any Federal Funds can be disbursed to the City for the City's labor expenses. The Force Account Plan must he consistent with FTA requirements and approved by LACMTA. 6.4 the City understands that the Funds include Federal Funds and FTA requirements apply to the use of the Federal Funds. All FTA requirements and guidelines as summarized in the VIA Master Agreement are incorporated by reference herein as part of this Agreement. These requirements include, but are not limited to: (a) Assurances of legal authority (b) Certification of non-debarment, suspension or termination (c) Certification of a drug-free workplace (d) Intergovernmental review (e) Civil Rights review, including Title VI Program review (t) Disadvantaged Business Enterprise(DBE) assurances (g) Disability nondiscrimination (ADA) Page 5 of 17 (h) Office of Management and Budget(OMB) certification (i) Lobbying certifications (j) Buy America requirements (k) NEPA environmental review (I) Single audit requirements (m) Circular 9300.IB (Section 5309) (n) Circular 5010.ID (Grants Management) (0) Circular 4220.1F (Third-Party Contracting) (p) Section 5333(b) requirements 6.5 LACMTA shall not be responsible for providing any funding to substitute for the Federal Funds in the event the Federal Funds for this Project are withdrawn, recalled or not appropriated For any reason. 6.6 The City is responsible for the relocation of existing bus shelters, while LACMTA is responsible for constntction/installation of all other Project components. All necessary permits and approvals from the appropriate agencies must be obtained for Project implementation and the Project must fully comply with the Americans with Disabilities Act(ADA). 6.7 Should LACMTA, DOT and FTA require amendments, revisions, deletions of,or additions to the provisions contained within this Agreement.the City agrees to execute promptly all such amendments, revisions, deletions, or additions, as necessary. to comply with LACMTA, DOL and FTA requirements. 6.8 The City shall not use the Prop C Funds and/or LACMTA Local Funds to substitute for any other funds or projects not specified in this Agreement. 6.9 The City must use the Prop C Funds and LACMTA Local Funds in the most cost-effective manner. lithe City intends to use a consultant or contractor to implement all or part or the Project, LACMTA requires that such activities be procured in accordance with the City's contracting procedures and consistent with State and Federal law. The City will also use the Prop C Funds in the most cost-effective manner when the Prop C Funds are used to pay "in-house" staff time. The City staff or consultant with project oversight roles cannot award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on- going Project monitoring and through any LACMTA interim and final audits. 6.10 If the City desires to use the Prop C Funds and/or LACMTA Local Funds to purchase/lease equipment(i.e., vehicles,computers, etc.) necessary to perform or provide the services disclosed in the Scope of Work, the City must obtain I,ACMTA's written consent prior to purchasing/leasing specific equipment. Equipment purchased/leased without such prior written consent shall he deemed an unallowable expenditure of the Prop C Funds and/or LACMTA Local Funds. If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Prop C Funds or LACMTA Local Funds, ceases to be used for the proper use as originally Page 6 of 17 stated in the Scope of Work, or the Project is discontinued, any Prop C Funds or LACMTA Local Funds expended for that purpose must he returned to LACMTA and the City will he required to repay the Funds in proportion to the remaining useful life in accordance with the Guidelines. 6.11 The "FLIP PROJECT SHEFI F" is attached as Attachment H and is required to ensure that the Project is programmed correctly in the most up-to-date FLIP document. The FLIP PROJECT SHEET can be found in the ProgramMetro FLIP database under the reports section at http://program.metro.net. All projects that receive Federal Funding must be programmed into the FTIP which includes locally funded regionally significant projects for information and air quality modeling purposes. LACMTA shall review the Project in ProgramMetro each year and update or correct the Project as necessary during a scheduled FLIP amendment or adoption. Changes to the FTIP through ProgramMetro will be made as soon as possible, but no later than October 1 of the year the change or update is effective. 6.12 On September 26,2002, the LACMTA Board of Directors required that prior to receiving Prop C 10% or 25%grant funds. the City must meet a Maintenance of Efforts (MOF) requirement consistent with the State of Califomia's MOE as determined by the State Controller's office. With regard to enforcing the MOE, LACMTA will follow the State of California's MOE, requirement, including, without limitation, suspension and re- implementation. 7. REPORTING AND AUDIT REQUIREMENTS 7.1 The City shall be subject to and shall comply with all applicable requirements of LACMTA, FF.A and DOI,regarding Project reporting and audit requirements. The City shall use the assigned ETA Grant number CA-03-0796 on all correspondence. 7.2 The City shall submit the following Reports and Certifications to LACMTA for the duration of the Project: (a) Quarterly Narrative and Financial Report on Project progress (b) Copy of the City's official annual fiscal report (c) Copy of the City's annual independent A-133 single audit report of the Project (d) Annual ETA compliance self-certification (e) Other reports that may be required 7.3 The City shall submit the Quarterly Progress/Expenditure Report (Attachment F) within fifteen (15) days after the close of each quarter in the months of October, January, April and July. Should the City fail to submit such reports within 10 days of the due date and/or submit incomplete reports, LACMTA will not reimburse the City until the completed required reports are received, reviewed, approved. the Quarterly Page 7 of 17 Progress/Expenditure Report shall include all appropriate documentation (such as contractor invoices,timesheets, receipts, etc.). All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, the City will still be required to submit the Quarterly Progress/Expenditure Report indicating no dollars were expended that quarter. 7.4 LACMTA and FTA, and/or their respective designee shall have the right to conduct audits of the Project,as needed, such as financial and compliance audits, interim audits, pre-award audits,performance audits and final audits. The City shall establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP) as applied to public agencies. The City's expenditures submitted to LACMTA for this project shall be in compliance with Federal Acquisition Regulations, Subpart 31 (FAR). The City shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work or other terms and conditions of this Agreement, or other applicable requirements of LACMTA, VIA or as required under the Federal Grant. LACMTA shall use the Federal Acquisition Regulations (FAR) standards in determining the reasonableness of costs incurred. LACMTA shall have the right to conduct a final LACMTA audit using an outside auditing firm. The findings of that LACMTA audit will be final. When LACMTA audit findings require the City to return monies to LACMTA, the City agrees to return the monies within thirty (30) days after the final audit is sent to the City. 7.5 The City shall retain all original records and documents related to the Project for a period of three (3)years after final payment is made or in accordance with the Federal Grant, whichever time period is longer. The City's records shall include, without limitation, accounting records, written policies and procedures_contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as ''records-) shall be open to inspection and subject to audit and reproduction by I.ACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by I AC MTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. Payment of retention amounts shall not occur until after the LACMTA'ss final audit is completed. 7.6 The City shall cause all contractors to comply with the requirements of Sections 7.4 and 7.5 above. The City shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 7.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all of the records of the City and its contractors related to the Project, and shall be allowed to interview any employee of the City and its contractors through final payment to the extent reasonably practicable. Page 8 of 17 7.8 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of the City 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. 7.9 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. 7.10 In accordance with Section 7.2 (c), the City shall obtain the services of an independent auditor to conduct a single audit of the Project each year in conformance with the provisions of OMB Circular A-133. The audit shall also include an audit of this Agreement, as a pass through of US Department of Transportation funds. The City shall submit a copy of each single audit to LACMTA within thirty (30) days of its completion. 8. EXPENDITURE AND DISPOSITION OF FUNDS 8.1 The expenditure and disposition of the Federal Funds by the City shall be subject to and in accordance with the terms and conditions of this Agreement, the Federal Grant and applicable requirements of the I.ACMTA and FTA. The City shall not utilize the Federal Funds in any way or on any project other than that specified in this Agreement and the Federal Grant. 8.2 The Funding Plan lists the sources of funds for the Project and is attached to this Agreement as Attachment C. 8.3 The City shall be responsible for ensuring that (1) the contractor has completed all of the Work, (2) the contractor has performed the Work in accordance with all applicable Project requirements and (3) all punch list items are completed. Upon completion of the punch list, the City shall issue a Substantial Completion Statement. LACMTA shall inform the City of any outstanding Project issue prior to the issuance of the Substantial Completion Statement. 8.4 The City agrees to secure and provide additional non-LACMTA programmed funds necessary to complete the Project, if the Funds identified in Attachment C are insufficient to complete the Project. 8.5 The City is responsible for any and all cost overruns incurred as a result of this Project. Under no circumstance will the total amount of money that LACMTA reimburses the City exceed the amount of the Funds. Upon purchase, all Project components, with the exception of the Metro Rapid pole as set forth in the Scope of Work, will become the property of the City, who shall be responsible for covering all maintenance and repair costs over the entire useful life of this federally funded Project. LACMTA will Page 9 of 17 be responsible for covering all maintenance and repair costs over the entire useful life of the Metro Rapid pole. 8.6 No material changes, as determined by LACMTA in its reasonable discretion and subject to the final discretion of the FTA,to the Funding Plan or the Scope of Work shall he funded or allowed without an amendment to this Agreement approved and signed by LACMTA's Chief Executive Officer or his designee. The City shall give advance notice to LACMTA of all proposed changes to the Funding Plan or Scope of Work that the City submits to LACMTA. 8.7 Upon completion of the Project described in the Scope of Work and disposition of the 5%retention, any unused Federal Funds shall revert back to the FTA and any unused Prop C Funds shall revert back to LACMTA. 8.8 The obligation for LACMTA to grant the Prop C Funds for the Project is subject to sufficient Prop C Funds being made available for the Project by the LACMTA Board of Directors. If such Prop C Funds are not available for the Project. this Agreement shall be void and LACMTA shall have no obligation to provide the Prop C Funds for the Project unless otherwise agreed to in writing by LACMTA. 9. TIMELY USE OF FUNDS 9.1 The City shall demonstrate timely use of the Funds by expending the Funds for allowable costs within 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this Agreement. All funds programmed in FY 2015 are subject to lapse by June 30,2017. All Funds programmed for FY 2016 are subject to lapse by June 30,2018. 9.2 In the event this Agreement is not executed and/or evidence of timely use of the Funds is not demonstrated as described in Section 9.1 of this Agreement, the Project will be re-evaluated by LACMTA and the Funds may be subject to deobligation consistent with FTA requirements. In the event that the Funds are dcobligated, this Agreement shall automatically terminate. 10. DEFAULT A Default under this Agreement is defined as any one or more of the following: (i) the City fails to comply with the terms and conditions contained in this Agreement, the Grant and the Guidelines; (ii) the City fails to perform satisfactorily or to make sufficient progress toward completion, or in breach of Section 8.6 makes a material change to the Scope of Work or the Funding Plan without LACMTA's and CFA's prior written consent or approval;or(iii) the City is in default of any other applicable requirements of LACMTA or HA. Page 10 of 17 II. REMEDIES 11.1 In the event of a Default by the City, LACMTA shall provide written notice of such Default to the City with a 30-day period to cure the Default. In the event the City 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 LACMTA, LACMCA shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make a determination to make no further disbursements of funds to the City:(iii) LACMTA may recover from the City any funds paid to the City after the Default; and/or (iv) any remedies the FTA may have under the Federal Grant. 11.2 Effective upon receipt of written notice of termination from LACMTA. the City shall not undertake any new work with respect to this Agreement unless so approved by LACMTA in writing, in which case the disbursement of funds shall continue in accordance with this Agreement. 11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 12. SECTION 5333(6) REQUIREMENTS 12.1 For purposes of satisfying the requirements of Section 5333(6) of Title 49 of the U.S. Code (commonly known as Section 13c),the City shall. by signing this Agreement, certify its acceptance of the terms and conditions of any and all Capital Assistance Protective Arrangements,and any other Section 5333(h) protections certified by the Department of Labor as applicable to any Federal funding received by the City. 12.2 The City shall indemnify, defend and hold harmless LACMTA and its employees, officers and agents for any claims properly brought by mass transportation employees in the City's service area pursuant to the Special Warranty, or any other Section 5333(6) agreement, that may be tiled against LACMTA and that arises from any or all of the Funds awarded to the City for the Project. 13. COMMUNICATIONS 13.1 The City shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available online (http://media.metro.net/protects studies/call proiects/images/130715 funding agreement communications materials guidelines.pdf) or from the LACMTA Project Manager. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. The City shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term Page 11 of 17 of this Existing Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 13.2 For purposes of this Existing 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 Agreement Communications Materials Guidelines. 13.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. 13.4 The City 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 purposes will comply with the requirements contained in this Section. 13.5 The LACMTA Project Manager shall be responsible for monitoring City compliance with the terms and conditions of this Section. City failure 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. 14. OTHER TERMS AND CONDITIONS 14.1 This Agreement along with the applicable requirements of the FTA, DOI., LACMTA and the Federal Grant and the attachments and the Guidelines, constitutes the entire understanding between the patties, with respect to the subject matter herein. jIjhe Agreement shall not be amended,nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement. Adoption or revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though filly set forth herein. 14.2 The City is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right-of=way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property, shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this Agreement. Equipment acquired as part of the Project shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. Furthermore, any proposed modifications and/or removal of Project equipment affecting the Metro Rapid pole at any bus stop included in the Project Scope of Work must be approved by LACMTA. if LACMTA approval is not obtained under such circumstances, the City will be required to repay the Funds associated with all Project components at said bus stops Page 12 of 17 where such modifications were made. Funds to be repaid must be in the amount proportional to the remaining useful life of all Project components. 14.3 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the City under or in connection with any work performed by, and/or service provided by, the City, its officers,agents, employees, contractors and subcontractors under this Agreement or the Guidelines. The City shall fully indemnify, defend and hold LACMTA and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account ofbodily injury, death or personal injury of any person or for damage to or loss of use of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including.without limitation: (i) use of the Funds by the City, or its officers, agents, employees, contractors or subcontractors; (ii) challenges. claims or litigation filed on behalf of any affected transportation provider and/or employees' union; (iii) breach of the City obligations under this Agreement; or(iv) any actor omission of the City, or its officers, agents, employees,contractors or subcontractors in the performance of the work or the provision of the services including, without limitation, the Scope of Work described in this Agreement. 14.4 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, floods, earthquake, lire. acts oft 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 ofany obligations under this Agreement 14.5 The City shall comply with and ensure 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 without limitation, Federal Acquisition Regulations (EAR) and the applicable requirements and regulations of LACMTA, The City acknowledges responsibility lbr obtaining copies of and complying With the terms of the most recent federal, state or local laws and regulations and LACMTA requirements. including any amendments thereto. LACMTA will notify the City of any changes in federal project requirements. 14.6 The City shall not assign this Agreement, or any part thereof, without written consent and prior approval of LACMTA's Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. Subject to all requirements of this Agreement, the Federal Grant and all other applicable requirements of LACMTA and PTA.including without limitation the requirement that design and construction services be competitively procured, the City may contract with other entities, including its affiliates in a project management role, to implement this Agreement. Page 13 of 17 14.7 This Agreement shall be governed by California law and applicable federal law. If any provision of this Agreement 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. 14.8 the terms of this Agreement shall inure to the benefit otl and shall be binding upon, each of the parties and their respective successors and assigns. 14.9 The City in the performance of the work required by this Agreement is not a contractor nor an agent or employee of LACMTA and 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. The City shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contractor otherwise. 14.10 The City agrees to comply with United States (U.S.) Department of Transportation (DOT) regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to public agencies,' 49 C.P.R. Part 18. 14.11 The City agrees that federal laws and regulations control Project award and implementation. The City also agrees that federal directives as defined in the FTA Master Agreement set forth federal terms applicable to the Project, except to the extent that FTA determines otherwise in writing. The City understands and agrees that unless FTA has offered express written approval of alternative procedure or course of action differing from a procedure or course of action set forth in the applicable federal directive, the City may incur a violation of the tents of its Agreement if it implements an alternative procedure or course of action not approved by FTA. LACMTA will notify the City of any changes in federal project requirements. 14.12 The City understands and agrees that Federal laws,regulations_and directives applicable to the Project and to the Applicant on the date on which the FTA Authorized Official awards Federal assistance for the Project may be modified from time to time. In particular, new Federal laws, regulations and directives may become effective alter the date on which the City executes the Agreement for the Project, and might apply to that Agreement. •the City agrees that the most recent of such Federal laws, regulations and directives will govern the administration of the Project at any particular time, except to the extent F fA determines otherwise in %riling. 14.13 The City understands and agrees that it will make reference to the Catalog of Federal Domestic Assistance (CFDA) number(20500) for the 5309 Program in all its correspondence and reports including quarterly progress and single audit reports and invoices. 14.14 Notice will be given to the parties at the address specified below unless otherwise notified in writing of any changes. Page 14 of 17 Notices to LACMTA shall he addressed to: Scott t lartwell, Project Manager Los Angeles County Metropolitan Transportation Authority One Gateway Plaza MS: 99-23-2 Los Angeles, CA 90012 Notices to the City shall be addressed to: Sean Sullivan,Management Analyst City of Rosemead 8838 Last Valley Boulevard Rosemead, CA 91770 14.15 The City shall address all correspondence to the PTA regarding this Project through the LACMTA Project Manager. 14.16 The City will advise LACMTA prior to any key Project stalling changes. Page 15 of 17 ATTACHMENTS: Attachment A: LACMTA Board Approval of the Metro Rapid Five-Year Implementation Plan Attachment B: Scope of Work Attachment C: Funding Plan Attachment 13: Expenditure Plan Attachment F: Project Schedule Attachment F: Quarterly Progress/Expense Report Attachment G: Reporting& Expenditure Guidelines Attachment H: Project FTIP Sheet Page 16 of 17 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date written above. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTIIORITY �A URT. Y Date Chief Executive Officer APPROVED AS TO FORM: RICHARD D. WEISS Acting County Counsel By: "�' _ _ 8//V/Y CITY OF ROSEMEAD By: JEFF flaws Date City Manager Page 17 of 17 031 10072200000 ATTACHMENT A © 1 0 PLANNING AND PROGRAMAIING CONIAIITTEE U September IS. 2002 MErao Metropolitan SUBJECT: METRO RAPID FIVE-YEAR IMPLEMENTATION PLAN Transportation Authority ACTION: APPROVE IMPLEMENTATION OF THE METRO RAPID FIVE-YEAR IMPI.E\IENT:ATION PLAN One(anti, Pliea Les Angeles,CA vtxtr zvs� RECOMMENDATIONS A. Adopt the Metro Rapid Five-Year Implementation Plan report findings and accelerated, phased countywide expansion plan (Attachment A i) B. Set aside 592 3 million of future regional funds to complete the Metro Rapid Ftve- Year Implementation Plan (Attachment A. Table (Di, C. Amend the FY 2003 Special Revenue budget to include $?.8 million for Phase II station construction. Funds are Included in the FY 2(102 Regional TIP for this purpose D. Authorize the Ghiet Executive Officer to negotiate and execute agreements ss ith the local jurisdictions in each corridor so as to expedite deployment of the Five Year Implementation Plan ISSUE In February 2002. VITA adopted the Metro Rapid Expansion Program, a conceptual plan tore panding the Metro Rapid Demonstration Program. The Expansion Program recommended implementing(3011311 00.4 ide Metro Rapid service. and included a selection process for evaluating the merits of candidate corridors. To build on the program's success.the Board requested that statf develop an accelerated deployment plan and return to the Hoard for consideration. Staff is presenting a Metro Rapid Five-Year implementation Plan vs hich recommends dedicating$92.3 million of regional funds to implement 2-I lines on an accelerated schedule by 2008. This recommended funding will he used to construct bus signal priorit}, stations, and related communications equipment. ibis Plan was developed follow tog a rigorous selection process to identify both MIA and Municipal Operator condor where Metro Rapid Program service would hest meet the needs of transit patrons (Attachment At. Corridors were evaluated on the has is of existing success (current transit sett ice). potential success (condor transit potential). and the need for transit (corridor transit dependence l- Asa result of the above process,24 corridors have been identified for inclusion in the Metro Rapid Five-Year Implementation Plan. POLICY IMPLICATIONS The purpose of the Metro Rapid Five-year Implementation Plan is to introduce a new,high quality mode of transit that will offer faster travel choices for bus riders,especially the transit- dependent. The Metro Rapid Program is an integral pan of the adopted Long Range Transportation Plan. OPTIONS Options considered include (I)continuing to operate Metro Rapid along the two demonstration corridors, but not expanding the Metro Rapid Program beyond these corridors,and(2)expanding the demonstration program with one or two additional corridors and evaluating the results of the expanded demonstration prior to recommending a countywide system expansion of the program. Option I is not recommended because of the success of the Metro Rapid Demonstration Program. Passenger travel times and service quality have been improved to the point that they are now noticed and appreciated by the public. Ridership has increased significantly as a result. Option 2 is not recommended because data from the two Demonstration lines was found to be more than adequate to develop reliable and consistent findings and recommendations. FINANCIAL IMPACT Operating and capital cost estimates presented in the Implementation Plan are predicated on the following assumptions. Operating costs—Implementation of the Broadway and Vermont corridors in December 2002 is scheduled at approximately 5.300 revenue service hours($1.1 million)more than pre-existing levels during FY 2003. Funds to implement these services are available within the existing FY 2003 budget. When complete in FY 2008, the Implementation Plan provides a net increase of 15,646 annual revenue hours for the 24 expansion comdors over the pre-existing service levels in those comdors. This increase in service is within the levels assumed in the 10-year forecast. However,based on ridership increases experienced on the two Metro Rapid demonstration corridors,it is likely that additional capacity will be needed beyond the above funding. In such cases, staff will develop for Board consideration corridor-specific plans to cover the increase in operating costs. Capital Costs—Capital cost estimates are derived from the Metro Rapid Demonstration Program. Given the same design and quality of station construction, the same bus signal priority and"next trip"display technology,and additional equipment to maintain and monitor each corridor.one- time capital costs associated with implementing the entire program are estimated at$110.5 million,escalated(Five-Year Implementation Plan,Table 10). Mcnn Rapid Fv •Tear Mplemenution Plan Pagt 2 Funding for the continued implementation of Phase II is consistent with the 10-year financial forecast and included in the Long Range Transportation Plan but not in the MTA FY 2003 budget. Approval of this action would direct staff to include Phase B capital expenditures and revenues in MTA's Special Revenue budget. Approximately$4.5 million will be transferred from the MTA Capital budget since the assets constructed will not become MTA property. Additionally,the FY 2003 Budget does not include station construction expenditures and revenues for Phase U of$3.8 million that were approved by the State after the budget was prepared. BACKGROUND The Metro Rapid Demonstration Program has proven successful with the implementation of key attributes,including unique vehicle and station"branding",transit signal priority,special stations with "next trip"displays and information kiosks, and"rail-like"operating characteristics. This has resulted in passenger travel times reduced by approximately 25 percent and a nearly 40 percent increase in ridership, with one-third of the increase new to public transit. Based on this success,staff developed the Metro Rapid Expansion Program and presented it to the Board in February 2002. The Expansion Program identified the corridors which best met the programs' goals and objectives,and recommended a phasing plan designed to construct a network of Metro Rapid service over the next eleven years. Accelerated Deployment At the Board's request to accelerate deployment of the Metro Rapid Program,staff developed the Metro Rapid Five-year Implementation Plan (Attachment A). The Implementation Plan identifies the operating and capital costs associated with constructing and operating each corridor,and proposes a five-phase accelerated deployment schedule significantly shorter than that presented in the original Expansion Program.While significant staff work will be needed to refine the Plan as it moves forward to actual implementation,the accelerated schedule is achievable,contingent on resolving the following issues. A construction and implementation critical path was developed for the initial phase of the Metro Rapid expansion program. Issues considered in the critical path included station design, fabrication,and installation;signal priority design,construction,and testing; vehicle procurement and make-ready;schedule development and operational training; marketing campaigns; and execution of the contracts and agreements necessary to fund the construction program. Two key elements in the critical path were the station construction and signal priority implementation schedules. While it is unlikely that the station construction contract between the City of Los Angeles and MTA will be executed in time to complete construction prior to the opening of the first two expansion corridors planned for this December(Vermont and Broadway),it is expected that station development will keep pace with the Metro Rapid phased corridor implementation plan after that point. Mew Rapid Evc-Year Lnplcmmnutien Plan Page 3 The critical element in the Metro Rapid expansion schedule is the construction of bus signal priority in the City of Los Angeles,Los Angeles County,and other cities. The City of Los Angeles is currently capable of deploying approximately 20 miles of signal priority per year. The City believes,however,that they can double the current rate of construction provided that additional resources are made available either through LADOT in-house staffing or a contractor. Accelerated implementation of the Five-Year Implementation Plan is dependent on LADOT resolving this important issue. The County of Los Angeles recently began bus signal priority construction along Whittier Boulevard as part of the Wilshire/Whittier Metro Rapid. The City of Beverly Hills will soon begin construction along Wilshire Boulevard,also as part of the Wilshire/Whittier Metro Rapid. Staff will work closely with the cities in each corridor to expedite bus signal priority construction as future corridors are implemented. Table 7 of the Five-Year Implementation Plan presents the accelerated deployment schedule. Deployment Within Available Revenue The Five-Year Implementation Plan assumes deployment of all Phase II Mew Rapid corridors within available operating revenues. In order to meet this financial objective, and taking into account the efficiency improvements resulting from both faster operating speeds and restructured operator schedules,the following modifications in Metro Rapid attributes were made. Staff will identify additional operating hours should ridership exceed the added capacity. • Seven Day Service—the policy of providing Metro Rapid service seven days a week has been modified to allow deployment only within available revenue. In some cases, operation of six or seven day schedules is appmpriate regardless of operating cost constraints: in other cases expansion to a seven day service is sound only if funds become available. The proposed span of Metro Rapid service recommends that 6 of the 24 Metro Rapid expansion corridors operate seven-days a week,5 operate weekdays and Saturdays,6 operate all-day on just weekdays, and 7 operate in just weekday peak periods. • Minimum Service Frequencies—the Metro Rapid program calls for very frequent service as one of the basic attributes, with at least 10-minute peak and l2-minute off- peak service in order to attract riders. However, 19 of the planned 24 Metro Rapid expansion corridors will initially not meet these minimum standard frequencies. The impact of less frequent service will vary from corridor to corridor,but will result in less ridership growth until additional service can be added. • Service Capacity— when implementing the Metro Rapid Demonstration Program, additional capacity was deployed from the outset. On one corridor(Ventura)this capacity was adequate for passenger needs. However, the second corridor (Wilshire/Whittier)has required ongoing increases in capacity to meet ridership growth. Expansion of Metro Rapid service within available operating revenue requires that each line be scheduled as close to existing hours as possible while Mew Rapid Five-Year lmplanenuuon Plan _ Page 4 allowing the miles to increase due to increased operating speeds and schedule restructuring. It is anticipated that additional operating resources may be needed to meet ridership demand. NEXT STEPS Consistent with the proposed phasing plan,and working closely with each Service Sector, agreements will be executed with local jurisdictions to design and construct the signal priority and station elements of the program. To expedite implementation, staff will work with the Municipal Operators to accelerate those corridors which have been prepared for Metro Rapid deployment. Improvements to both the system attributes and operational performance of the program will be made,in part,based on the results of a recent MTA-sponsored Metro Rapid operator/customer survey. Consistent with the survey recommendations,staff will consider implementing one or more of the Metro Rapid attributes on other regional corridors in an effort to expand the program's qualities as quickly as possible. Staff will return to the Board with progress reports as Metro Rapid corridors are implemented • ATTACHMENT A. Metro Rapid Five-Year Implementation Plan Prepared by: Rex Gephart,Project Manager Long Range Planning&Coordination Metro Rapid Rve-Year Implementation Plan Page 5 •m- .de''9 ecutive Officer Countywide Planning&Development Roger Sno e Chief Executive Officer Menu Rapid F.nYnr Implementation Phn Pagc 6 Attachment A Metro Rapid LOS A N G E L E S Five Year Implementation Plan t' r— � _ -� =7 Prepared by r- ° - '� I' rwrnswxrAr'on I RI Li A.o , { August2002 Metro Rapid Five Year Implementation Plan 1 Five Year Implementation Plan Background 1.1 Metro Rapid Demonstratior In March 1990 the MTA Board of Directors approved a two-corridor Metro Rapid Demonstration Program based on a purpose and need assessment that followed a visit to the very successful system in Curitiba, Brazil, by some NITA Board members and staff. In June 2000, together with the San Fernando Valley extension of the Metro Red Line, MTA introduced Metro Rapid lines 720 and 750 serving the Wilshire-Whittier and Ventura corridors, respectively. From the first day, the demonstration has proven successful with the implementation of key Metro Rapid attributes, including unique vehicle and station 'branding', transit signal priority, special sations with "'next trip" displays and information kiosks. and "rail-like" operating characteristics. This has resulted in passenger travel times reduced by at least 25 percent and a nearly 40 percent increase in ridership,with one-third of the increase new riders to public transit \IT.A's Metro Rapid program has become a model for other transit systems in both North American and overseas 1.2 Expansion Program Based on this success, staff developed the Metro Rapid Expansion Program and presented it to the Board in February 2002. The Expansion Program identified over 20 corridors which best met the Metro Rapid program goals and objectives, and recommended a phasing plan designed to construct a network of Metro Rapid service over the next eleven years. The Board approved the expansion program for Metro Rapid, but requested an accelerated deployment of the Metro Rapid Program. 2 Accelerated Deployment I� � a Working together with the City of Los Angeles, MTA has prepared an accelerated deplovmen: Five Year Metro Rapid Implementation Plan. The Implementation Plan identifies the operating and capital costs dr associated with constructing and operating each corridor, and proposes ---; an accelerated deployment schedule significantly shorter than that presented in the nngmel Expansion Program. While significant eta(( work will be needed to refine the I'lan as it moves forward to actual implementation, the accelerated schedule is ache able, contingent un —._ resolving certain i?sues. Vins Angeles +i .A , up i a asp or it ian A_ihnnt— i'age l C A construction and implementation critical path was developed for the initial phase of the Metro Rapid expansion program. Issues considered in the critical path included station design, fabrication, and installation; sigma] priority design, construction, and testing; vehicle procurement and make-ready; schedule development and operational training; marketing campaigns; and execution of the contracts and agreements necessary to fund the station construction and signal priority programs. The two key elements in the critical path were the station construction and signal priority implementation schedules. 2.1 Station Construction It is unlikely that the station construction contract between the City of Los Angeles and AITA utilizing the City's new shelter advertising contractor, Viacom Decaux, will be executed in time to complete construction prior to the opening of the first two expansion corridors currently planned for December 2002. Consequently, it is recommended that implementation of these first two expansion lines move forward with temporary stations, as was done with the demonstration lines. It is expected that station development in the City of ins Angeles will keep pace with Metro Rapid corridor implementation after that point and will not be a further issue. A second issue centers on construction of Metro Rapid stations in other cities and in the County ea Angeles. To date, N1TA has not constructed stations outside the City of Los Angeles, but is moving ahead with developing the necessary agreements to make this possible. It is anticipated that these agreements will be in place in time to meet station construction schedules for June and December 2003. 2.2 Signal Priority The second issue in the Metro Rapid expansion schedule was found to be the signal priority construction schedule. To date, LADOT has installed and operated all of the transit signal priority, including certain areas outside of the Coy of Los Angeles under inter-local agreements At the same time, MTA has been in the process of developing a test of an altemahve transit priority system along a segment of Crenshaw Boulevard for the past several years and Is likely to be ready for r operational testing in 2003. Regardless. the Five Year Metro Rapid �, � Implementation Plan calls for continued reliance on L VDOT's highly A > successful signal priority system wherever feasible. The LADOT priority —, system hasproven to be very reliable while achievit g significant time F . ii:- g savings for Metro Rapid without noticeable impact on other traffic and at . 4. minimal operating and capital cost. ii„ Aie '' ,I • G LADOT is currently capable of deploying approximately 20 miles of 40 signal priority per year. LADOT believes, however, that they can double the current rate of construction to over 40 miles annually provided that Ins Angeles Count. htetropnhtan"lranspecauon Authorit. _ Page 2 additional resources are made available either through in-house staffing or a contractor. This accelerated rate of construction is anticipated to reduce the Metro Rapid deployment schedule from eleven years to six years(the current fiscal year, plus the next five),recognizing that the City of Los Angeles comprises only 2/3 of the entire 357 miles of planned Metro Rapid service. 2.3 Other Issues The only other issue that had a possible impact on accelerated deployment was the availability of suitable transit vehicles for Metro Rapid service. Metro Rapid calls For operation of low-floor standard or high capacity buses. MTA has enough NABI low-floor CNG coaches,like those currently in operation of the Metro Rapid demonstration lines, to meet immediate term needs if they are "rebranded" and transferred to Metro Rapid. The high capacity vehicle procurement currently underway will provide the necessary vehicles for the balance of the five-year Metro Rapid implementation. 3 Operational Plan The successful operation of the Phase I demonstration formed the basis of the operational elements for the Five Year Metro Rapid Implementation Plan. No fundamental changes are proposed. Si. Metro Rapid Attributes Metro Rapid is defined by a number of attributes that contribute to its success,as shown below. Phase Attribute Demonstration Phase 11 1. Frequent Service Yes Yes 2 Bus Signal Priority Yes Yes 3. Headway-based Schedules Yes Yes 4. Simple Route Layout Yes Yes 5. Less Frequent Stops Yes Yes 6. Integrated with Local Bus Service Yes Yes 7. Level Boarding and Alighting Yes Yes 8. "Branded"Buses and Stations Yes Yes 1 si I Los Angeles County Metropolitan Transportation Authority Page 3 Raprd Attribute Phase I Phase II Demonstration 9. High Capacity Buses No Yes 10. Exclusive Lanes No Yes 11. All-Door Boarding No Yes MTA reviewed the various attributes demonstrated in Phase I and those planned in Phase II to determine their continued viability. The basic service attributes of frequent service,headway-based schedules, simple route layout,less frequent stops,integration with local bus service, and level boarding and alighting have all clearly resulted in a superior transit service based on customer,operator,and street supervisor reports. The remaining attributes involve additional capital investment by MTA and warrant additional discussion. • Bus Signal Priority - analysis of LADOT's bus signal priority system indicates that it has improved running times by some 8-10 percent, while simultaneously improving headway reliability by actively minimizing vehicle bunching. Both faster and more reliable operations are major customer attractors that directly result in increased ridership and revenue. As well, the reduced round trip cycle times attributable to bus signal priority directly reduce operating and capital expenses. For instance, the speed improvement on Line 720 serving Wilshire-Whittier translates into running time savings of 10-12 minutes per round trip, reducing operating expenses by some $500,000 annually and eliminating the need for 3-S peak vehicles, saving between $1.05 and $1.4 million in capital costs. This makes implementation of bus signal priority a very good return on investment for MTA. • "Branded" Buses and Stations- MTA's original model for Metro Rapid was Curitiba, Brazil's now famous Bus Rapid Transit, which had "branded" services. The vehicle branding results in little capital cost, but requires MTA Operations and Maintenance to have two fleets ready every day, Metro Rapid and local. This has not been an issue as MTA Operations and Maintenance has done an excellent job in delivering the vehicles and service every day without increased cost. The "branded" stations have also received positive response from customers, operators, and street supervisors. The aspects most often cited: clear differentiation from local service, consistent with "rail-like" higher quality service including kiosks and "real-time" passenger information, longer distance visibility, station gates which help pre-queue Los Angeles County Metropolitan Transportation Authority Page 4 passengers for boarding and allow for more precise operator placement of the vehicle thereby minimizing dwell times,and few complaints from adjacent property owners. There also have been suggestions both internally and externally regarding ways to further refine the stations to make them even more effective. This is part of the five year implementation plan. • High Capacity Buses - MTA commissioned a detailed review of the potential opportunities to use high capacity buses in both regular and Metro Rapid service. The report found that today's 45-foot buses and 60-foot articulated buses were mature cost- effective vehicles and had significant application for MTA in both Metro Rapid and regular operations. While the five year financial plan presented here is based on operation of the current 40-foot transit bus,the Plan will be updated for operation of high capacity vehicles as the availability and cost of these buses becomes known (MTA has just released a vehicle procurement for these buses). • Exclusive Lanes - MTA in concert with the City of Los Angeles is initiating a test of exclusive lanes for Metro Rapid along Wilshire Boulevard in West Los Angeles. While it is clear that exclusive lanes will greatly help speed Metro Rapid service in congested areas, their benefit is less clear in areas of less or no congestion. While the Five Year Metro Rapid Implementation Plan presented here does not include exclusive lanes, the Plan will be updated based on the findings of the Wilshire test. • MI-Door Boarding- the MTA Universal Fare system includes the capability for boarding passengers with Smart Cards through the rear door(s). While expectations are that all-door boarding will reduce station dwell times, the benefit depends on passenger volumes. The Plan presented here does not include this capacity, but it will be considered once testing is undertaken. If there are significant benefits, then the Plan will be refined to include this capability for all-door boarding. 3.2 Metro Rapid Service Providers The Phase II Metro Rapid program calls for expansion of the service area to much of Los Angeles County. While most of the planned Metro Rapid services fall within MTA's historic service corridors,four lines do not and would be potential candidates for operation by municipal operators. The lines and likely operators are: Los Angeles County Metropolitan Transportation Authority .. Page 5 a • Pico Santa Monica Municipal Bus Lines • Sepulveda Culver City Municipal Bus Lines • Torrance-Long Beach Torrance Transit • Lincoln Santa Monica Municipal Bus Lines -this Plan calls for the same attributes, operating protocols, and branding to ensure a consistent "product" for the customer regardless of operator. MTA will be continuing to work closely with these Municipal operators regarding Metro Rapid implementation. 3.3 Deployment Within Available Revenue Previous Board action provided funds for capital requirements, but did not include additional operating funds. Consequently, the Metro Rapid Implementation Plan assumes a deployment of Phase II corridors that is funded with available operating revenues. In order to meet this financial requirement, and taking into account the efficiency improvements resulting from both faster operating speeds and restructured operator schedules, the following modifications in Metro Rapid attributes were made: • Seven Day Service - the policy of providing Metro Rapid service seven days a week has been modified to allow deployment only where appropriate from an operating cost standpoint. In some rpp• - cases, operation of six or seven day schedule is appropriate regardless of operating cost constraints; in other cases expansion j .qty �,s to a seven day service is sound only if funds become available. n I .T F The proposed span of Metro Rapid service recommends that b of the 24 Metro Rapid expansion corridors operate seven-days a Ki week, operate weekdays and Saturdays, 6 operate all-day on just weekdays,and 7 operate in just weekday peak periods. • Minimum Service Frequencies - the Metro Rapid program calls for very frequent service as one of the basic attributes, with at least 10-minute peak and 12-minute off-peak service in order to attract riders. However, 19 of the planned 24 Metro Rapid expansion corridors will not meet these minimum standard frequencies as currently proposed. The impact of less frequent service will vary from corridor to corridor, but will result in less ridership growth compared with the demonstration corridors which met the minimum requirements on opening day. • Sera ice Capacity -- the Metro Rapid Demonstration Program deployed additional capacity from the outset. On one corridor (Ventura) this capacity was adequate for passenger needs However, the second corridor f ilsh ire/4Vh it tier has required ongoing increases to capacity to meet ridership growth. 1.o: Angeles Count, Mevopnhtan fraesrimatten Authorim - Page a Raprd Expansion of Metro Rapid service within available operating revenue requires that each line be scheduled as close to existing hours as possible while allowing the miles to increase due to increased operating speeds and schedule restructuring. It is anticipated that additional operating resources may be needed to meet ridership demand. Implementation of Metro Rapid service attributes as originally adopted in the Long Range Transportation Plan (LRTP) will require additional resources. Given the need to work within existing budget limitations,the most likely source of these additional resources will be through service restructuring efficiencies achieved in conjunction with the Service Sectors and Area Teams. 3.4 Development of Corridor Service Plans The expansion of Metro Rapid service calls for developing corridor service plans that efficiently utilize vehicle and labor resources in order to maximize service growth within existing operating revenue. To achieve this efficiency, the development of service plans for each corridor involves several essential steps: • Review corridor ridership and characteristics to identify preliminary corridor alignment, station locations, and terminal sites. • Continue policy whereby all station maintenance costs are funded through advertising and/or local jurisdictions. • Review current service spans,frequencies,and running times • Identify service periods during which Metro Rapid service would be provided (e.g., weekday peak, weekday midday. later evenings,Saturdays,and Sundays) • Develop specific service frequencies by time of day and running times for both Metro Rapid and local services • Prepare "pilot" Metro Rapid and local operating schedules for costing purposes (these will need considerable refinement for actual implementation) • Determine service hours,miles, and peak vehicles by corridor and service type • Determine additional TOS and BOC needs; plan calls for one dedicated TOS in the field during Metro Rapid operations and each BOC staff to handle 5-6 Metro Rapid lines when implementation is completed (the investment in BOC/TOS support Los Angeles County Metropolitan Transportation Authority Page 7 S has proven to improve cost efficiency through the ability to maintain reduced punning times and decreased vehicle bunching). The service plans provided the basis for determining Metro Rapid operating and capital costs. 4 Proposed Metro Rapid Services The proposed corridor services are those presented in the February 2002 Metro Rapid Expansion Program with three modifications based on continued refinement in developing the Implementation Plan. • South Broadway • Vermont • Florence • Van Nuys • Soto • Crenshaw-Rossmore • Pico(two branch line consolidated onto only the Pico corridor) • Santa Monica • Hawthorne • Long Beach Ave • Hollywood-Fairfax-Pasadena • Western • Beverly • Vernon-La Cienega • Atlantic • Central • San Fernando-Lankershim(San Fernando split into two lines) • West Olympic • Garvey-Chavez • Manchester • San Fernando(south)(San Fernando split into two lines) • Sepulveda(south) • Torrance-Long Beach • Lincoln 4.1 Corridor Characteristics and Phasing The proposed corridor characteristics including length of the Metro Rapid line, number and type of stations, and average station spacing are presented in Table I. Table I also presents the Metro Rapid implementation groups in five phases. The phase groupings were based on: r Los Angel es County Metropolitan Transportation Authority .. Page 8 At II C • Phase IIA Expand the n rtuiurk by mtniducit kc4 conercl • Phase 116 Introduce Metre RI piri on same of the region s lieu;tact corridors mine continuing envelopment 01 the network • Phases IIC-lIE Continue nrtu'ork devedopmenl rehile focusing on major corridors 4.2 Proposed Service Levels The proposed Metro Rapid service is tailored to the current corridor needs while staying within available operating revenue. The proposed service spans and days of operation are presented in Table 2 Table 3 presents the proposed service frequencies on each corridor. The frequencies shown are the combined local and Metro Rapid service and provide an indication of planned corridor capacity with Metro Rapid- 5 Metro Rapid Corridor Costs Metro Rapid corridor operating and caplal costs have been estimated based on the planned services and the facilities, vehicles, and staff needed to support the operation. 5.1 Service Requirements I - "fable 4 presents the estimated service trips, revenue hours and miles, and • peak vehicles required for the corridor, including both local and Metro i - ./' ! Rapid services in comparison with current services. As well. Ti ble 4 - �-y provides a breakout of peak and total Metro Rapid buses required by line. The introduction of Metro Rapid will result in almost no change in peak vehicles and revenue hours, while providing a 9-10 percent increase in - '-i- both service trips and revenue mules. This is the result of Metro Rapid's faster running. 5.2 Operating Costs Table 5 indicates the estimated annual operating costs for each of the Metro Rapid corridors based on the most recent available MT:A cost allocation model for marginal costing. The incremental operating cost of implementing Metro Rapid over the current service operation is also included, as well as the estimated cost of operations support stall, including bus operations control center and transit operations supervision. Metro Rapid rvdl result in an increase of approximately $116 million in additional annual costs tar the 24 expansion lines. This will be offset by an additional So 5 million in estimated new passenger revenue Angelo.C unt Alt-r'•p Tr insportarion 4--m ri:r Page 5 delain 5.3 Capital Costs Table 6 presents the estimated capital costs for Metro Rapid, including stations, signal priority, revenue and non-revenue vehicles, and expansion of the Bus Operations Control Center. The overall capital cost of $101.9 million is just over $750,000 per mile for the additional 357 miles included in the Metro Rapid expansion program. 6 Metro Rapid Implementation Phasing The Metro Rapid corridor implementation was phased based on both network expansion needs and the goal of expediting deployment of Metro Rapid on the heaviest corridors. The expansion of the LADOT bus signal priority system also influenced the phasing by limiting the number of line miles installed annually. Table 7 presents the proposed Metro Rapid five year implementation phasing. 7 Metro Rapid Financial Plan Based on the planned Five Year Implementation Plan for Metro Rapid, a financial plan was prepared. Table 8 presents the annual operating costs. Table 9 presents the annual capital costs. Table 10 presents the annual funding requirements. 8 Metro Rapid Implementation This Five Year Implementation Plan provides the initial groundwork for developing the full network of Metro Rapid services. There is much additional work and refinement that will take place prior to the actual startup of services: • Finalize alignments, station locations, and end-of-line terminals, including station layouts • Refine the original station design to improve effectiveness, increase deployment opportunities, and reduce operating and capital costs;develop final station construction plan • Identify opportunities for exclusive lane segments • Finalize signal priority and passenger information display technology throughout the system • Construct stations and any exclusive lane segments Los Angeles County Metropolitan Transportation Authority Page 10 • Install signal priority and passenger information display technology • Refine of draft operating schedules • Secure and prepare the Metro Rapid fleet,including consideration of upcoming high capacity buses for Metro Rapid operation • Select and train operations staff • Secure all necessary agreements required for implementation The schedule for implementation of Metro Rapid Phase IIA is at present: • December 2002-South Broadway and Vermont • June 2003-Florence and Van Nuys • December 2003-Soto and Crenshaw-Rassmore Throughout the implementation process will be close coordination among MTA's Metro Rapid group,MTA's Service Sectors,municipal operators,and local jurisdictions. I .dti Los Angeles County Metropolitan Transportation Authority Page 11 1 \ 1 1 E I I Q I I d p E I 51 0 0 U N .11 5 I ` q J g a r c r ° t ' t. c m - n 0t ^ u m na m :i ° � C 8. r _ n 3 �S 2 s i 222 18 3 c €, 0624-} it $ Q a 50 ;co 58i N ; 28; tz , 2,� _w ga : 32 € " c it — §: j c e- toc9m o °pi .c txIE c 5u5 ` 0 Q _ I >3 j�i¢>fl flan ai3m>` +i0.13 lu°Emw-J f II f CO II C. X ty I CO IX /T o r i 1 f F 1 r ,( V ` ` liar ' N `AM \- ' o. I i Air Litt �i1iw�Iw. 1,-. 1 r- J l i IS a,tr V� T. !� ,1 k, , , ... , . ,..th,,,,,,.., i HI . i -a Table 1 Metro Rapid Corridor Characteristics Average Metro Rapid Line Line Mlles Station Pairs Station Spacing (miles) South Broadway 10.5 16 0.66 < Vermont 11.9 17 0.70 W Florence 10.3 13 0.79 N i Van Nuys 21.4 20 1.07 e_ Soto 10.0 15 0.67 Crenshaw-Rossnxxe 18.8 22 0.85 Aanil } Jsr ; • .. �i'1T ;:E T` '`.;cS"-1!° ;r te j d 1y1x 7 vI @ ;.k: y .. s1 o Hollywood-Fairfax-Pasadena 21.5 27 0.80 W Western 13.1 19 0.69 b Beverly 110 16 0.69 a- Vernon-La Cienega 16.5 23 0.72 AuanOC 4‘....s,r. ....,?)t }�t4F rk1 f.:.`1.':.421,1?: ¢'.- -c r. s .$ p J -it m fa ES n 0- S �+ 4 hi s is '.,: i .- sN 'lU- Garvey-Chavez 14 7 22 0.61 1y Manchester 13.5 15 0.90 y, San Fernando(south) 13.6 18 0.76 =N Sepulveda(south) 12.8 16 0.80 IL Torrance-Long Beach 15.6 20 0.78 Lincoln 12.1 13 0.93 Total Phase II 356.5 460 0.78 Table 2 Metro Rapid Corridor Proposed Service Spans Weekday Weekday Weekday Peak Midday Evening' Saturday Sunday South Broadway X it X x x Q Vermont x x x it x w Florence x x it x N et i Van Nuys X X X x X a. Soto it x x Crenshaw-Rossmore X x m Pim X % ry Santa Mantra In e Beach. long Bea Blvd x X %. - ;E.. O Hollywood-Fairfax-Pasadena X X W Western X x x x it m Z Beverly X IL Vernon-La Clenega X o Mango X - ig Ce trfd ; X in San FemandoLankarehlm % X Weft GrymWin X Garvey-Chavez X X X us Manchester X yr San Fernando(south) X X 1 Sepulveda(south) X s Torrance-Long Beach X Lincoln x X ' Weekday eveneg indicates service that operates after 9:00 pm. , 5r55 55 5 5 ' 29 ° a / Wig ae Sd .i 6 E Se22 . 2 2522 a ° ° I—° ° ° "_ z2 : 2 . . _ 2,20 9 a I _ V ° ° ° ° 7, 232 ° . . 2 _ • . . . ., aS ° 222 ° 323 _ . ° ° 2 : " 5f U p - 2 3a ° ° ; 22 ° ° _ 3 $ I _ f : ° : : ° : : 2112 ; 2 see _ s ; 3¢ 5555f5lASeC [ § 5a:k [ rt § ftle55 7. 22 a2 22.0 222 'l pa ,. a2a2a'a:iYa 92 . 29: ° _ . : 3 ( I I isI i = pp YY€€ € gg •Y T°x2 In an 351144 0 Y3tF4 1 o 3Fx. 'at !: i L It • 11 13x2 ,1213k ea • cs ^ - - 9 ; IL I a i ° W F E F 4 4 ] • 4 e 8 1 F I 444 4455551555555 & P 7 17! "1tR -•. RnR = E3l5 Rill ap pi : : : i7 . 4 - 9 S � 4H "- 61x4 H 13 • 1. 174 ; A 11a A U ad igg iig % an i II Jtei4H g § tlQ 995g Whip ! ? „ _ . " € € fc "" § 69 $ kt ; tioi 55e55555 P F1 34RR33HeLH Re3RH@a55 • Eq 33I E 1! t c 8 HS4e ] -G3t - § ? RiHeeiR9e3321e d1 , 39 _ e _ i H8332aa c } 3ea } } a - It 14i § iii § ii i § LE $ .,Igt C 7E q §- i V ' q . C j Ira • EE • 2E E. 1 e4eaa4F44 : 4Ae4a • O ien i . 3 Jf Y ] 2ava244van sane & a : e _ . - ' ii 1SLLiLt515 H : EL § § $ LLlLLL I y 1 a a z a a a i s a a g a $ ri t— a ° a 4 } I I k3 •F93R ; 33 : 3ia °_ 3a Jge : ; a- a7 a3* a 7€ 4 1. i : 3 g X11 I I Hilt iiilli , i 1 ; i1i11 . 111 Table 5 Annual Corridor Operating Cost Comparison Macro Rapid Line ' ...1-.1 Pmpeeea?.. /475 South Broadway 57.331.000 $8,484,000 $1,153,000 157% < Vermont 110476.00 511.555600 11679.000 10.3% G Aponte $6.017.00 56.457.00 1440.000 7.3% 4 Van Nuys 16.929.00 57,605000 567660 9.8% u Soto $5.752.000 16.186600 $434,000 7.6% Crenshaw-Rossmore 56.336.00 $8,726,000 1390000 6.2% ilt X'a b Y '` it rf,. rY .m.:I SBr,0,000 4 ; ,sit 'LLg,.. ie4 @ittalaIWJ 89583,000 V §10t$ ,000 S$(;1M0<_:, 944 u Ndtyxoad-Fetrfax-Pasadena $10236.00 111.137600 $901,000 8.8% ry Western 56297,00 $8.859,000 $562.00 6.8% rBeverly 16.18560 56441,000 $256,00 4.1% ▪ Venn-La Clenega $.5e,526.00 $5,648.000 $120,00 2.2% t O 0. $5,394Xo y $$ 60.000 .A41,1 l Iwe i-�'k .6% .�+c C$htra� r ^ F$4 .00 $4.731,yw 4 .: "i a, t _.S�%�4 S4PFrk.r�tn[(, F1 44...so 51440015 {4s .7jy a+., -.4 061044 a:.. ,-36.492AOB dS7il . f a., .OSX Garvey-Chavez 511,321600 $1095000 ($371,00) -3.3% w Manchester $5,022,000 $5,122.000 $100,000 20% ry San Fernando(south) 57,794.00 57618.000 ($278,000) -3.6% w 3 Sepulveda(south) 53.372,00 53,504,00 5132,000 3.9% Tomm,ce-Long Beach $3202,00 $3207,00 55.000 0.2% Lincoln 14211,00 $4,633,600 1422.00 10.0% Total Phase IL Operating Cost'x I $166,208.000 $177,763,000 111,555,000 7.0% ' Existing operating cost includes bath local and limited services on the corridor in FY2002 dollars. 7 Proposed operating cost includes both Metro Rapid and local services on the corddorin FY2002 dollars. 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'Cl- '-'''' k ! . ■ . . ; U. f � 2 7 ; [ � !J * \ [ \ w \ 24 ! f ! f ! cs. 2 s � ' - . ` . ! - . e ( ! ' ■ ; # ». : l � — § | \= If [ 6 R o _ � \ / ^ —ri \ ) / 2a . ( ! | ' t . ) \ \ § § - { | \ \/ ) • / \ ! . / j \ > z10 ) i / i : , Z ® ± ° ) - ) | t an | \ = ■ ■ f ■ \ ] ! ' ' | | ` tRm , 6 , . ` — | # . E \ ■ § « j \ ■ ! \ \ - / / R° a Ed ., . 6 o . � . .� . . , ; i/I , | ! . ■ : { \ \ � / I\ | { ii 2 “ | $, � 3 E ) k � | � ) ) R � | % a , Ild ! $ Eƒ ■ ! =t& ! 8 � , § ; ! \ a . E ! ! ! ` ! w2 � ! ■ � . � � . . . � � � ■ fwm � ■22, _ ATTACHMENT B LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND CITY OF ROSEMEAD METRO RAPID BUS STATION IMPLEMENTATION SCOPE OF WORK Background Launched in June 2000, the Metro Rapid Demonstration Program consisted of two lines—one along Ventura Boulevard in the San Fernando Valley and the other along the Wilshire/Whittier corridor. The purpose of the Metro Rapid Program was to provide faster regional bus travel by implementing Bus Rapid Transit (BRT) attributes. The key features of Metro Rapid that make it faster and easier to use include simple route layout, frequent service, greater distance between stops, low-floor buses to facilitate boarding and alighting,transit signal priority at intersections, and branded buses and bus stops. Building on the success of the demonstration program, in September 2002, the Los Angeles County Metropolitan Transportation Authority's (LACMTA) Board of Directors adopted the Metro Rapid Five-Year Implementation Plan and set aside regional funds to both expand and complete the program, including funds for Metro Rapid stations along each of the existing Metro Rapid lines. These stations will include such amenities as bus shelters, lighting, trash receptacles, seating, Metro Rapid poles and signs, and future real-time passenger information displays. These unique stations will not only serve to identify and "brand" the system,but they will also enhance the overall safety and transit experience of City residents waiting to take transit. The Metro Rapid Program currently consists of 24 lines, including the Garvey-Chavez Metro Rapid line that operates through the City of Rosemead. This Agreement provides the City of Rosemead with Metro Rapid station amenities along the Garvey-Chavez line at six (6) locations within the City's limits. Pro ject Description The scope of work for this project shall include the installation of Metro Rapid station amenities at six (6) Metro Rapid stop locations within the City's boundaries. These Metro Rapid station amenities shall consist of the following components: bus shelters, benches, lighting, trash receptacles, and Metro Rapid poles and signs. Conceptual designs for both the shelters and branded poles and signs are attached at the end of this Scope of Work along with general performance specifications for each of the various station components. LACMTA will be responsible for the design, fabrication, installation, and funding of all station components and will coordinate station installation with the City. The City shall he responsible for working with both LACMTA and its contractor on the installation of these various station amenities, including working with the contractor on any necessary City permit approvals. LACMTA shall reimburse the City for all eligible design and engineering review time and project management costs as shown in Attachment D—the Expenditure Plan. The City shall also be responsible for the removal and relocation of six (6) existing bus shelters at Metro Rapid bus stop locations identified in this Scope of Work in order to accommodate the new stations. LACMTA shall reimburse the City for the removal and relocation of these existing shelters as shown in Attachment D. LACMTA will install a total of 6 bus shelters, 6 trash receptacles, 6 benches, and 6 Metro Rapid poles and signs at the following locations: Stop Location Direction Nearside/Farside Corner i 1 i Garvey/Walnut Grove I Eastbound Nearside I Southwest • 2 I Garvey/Walnut Grove t Westbound Farside Northwest 3 Garvey/San Gabriel I Eastbound Farside Southeast CI Garvey/San Gabriel I Westbound Farside Northwest 5 _Garvey/Del Mart Eastbound Farside — _ Southeast • 6 , Garvey/Del Mar I _. i Westbound Farside_ , Northwest_ Existing shelter to be relocated Project Budget Design/Engineering Review $ 7,500 Shelter Relocation IS 6,000 Construction Management $ 7.500 Total Project Budget S 21.000 Funding Sources Federal Section 5309 Very Small Start (65%) $ 9,750 LACMTA Proposition C25 (35%) $ 5,250 LACMTA Local $ 6,000 Total Project Budget $ 21,000 Project Milestones Design and Construction Bid & Award Start date: Oct. 1,2014 End date: Mar. 31,2015 Construction Start date: Apr, 1,2015 End date: Dec. 31, 2015 V anoJQ 4nulpM en N . O N n o CI)CO I_J ET iv v • y p Z > I® o 73 C9 o L- ® o d C O - CC j a O R C Q T W a Q O o d c t _ci; g 0 C N 0 N - m C P J N D n b t 0 O'9dl U a (o E v a ° 0) F. ctt I ° 3 °o � r y Q � @ Et, \ / t _ cnH � � zm - ai 'N -®4 (A U T 0] noa0 ; nuloM • ni o R 0 47 N P O c Q. 3 n. C a 0 _0 C ' O ;L , o T`" d _I Q) I p ▪ f▪ J o Q' - , to c U '' `` CC c O0 N ® 1 m c 0 - J V 0 . LJ g` of „ 0 'c 0 Cu _ f d u i .5 .5 a?,�,_ " y flHI1L. 0. 40" • \ / V rn c F m / \ 0 c x - 0 4' Walkway b0 C V t U 7 -I ra ti :+. F v� CO q m V00 • 1 1 ry 0 ?; 14 > I.; CD . b C > 0 a N 0 \ / o C ° 0 M a) a I 1 CO Q O ® ° d V)Co p - w a LL 4' Walkway N Q o ; o CC c o CC a W to p • A o W b d Z .. m Z C7 g C U A ca O� N ^ . L' C • O 0 1 ° IJCIDO UDS d E 01 N Et • `e `i mot ; ) \ a: - . , . 5 - : ° { « # : - « ® § ! a = - s \ / ) ; & f & 5g ; a / • -i, \«■ ° # ^ i � } z CD & cn rn :' e \ :31, 1 \ . 0 . 0 - N C CD \ 2 0 w -i, 2 y . 0 m8 « a i 0 ) � J § , , � c ! . } � � � _/ ` -o et z 4I ; 2 \ , _® ) ' \ \ \ \ \ , . z al 0 , o al o o � I • Et 0 • • . _ . , I \ - 1 II t Ei 0. L-I 1 fit .= 4 � S C vim' t/) i-1-1 -o o �, w ® Li 0 e N > o 0 - 0 N (..-9 t a) 2 ® 0 0 0 p 1\ y 1\ lii LL C RI o Cc d a o. D m m r w o u CD 2 c Co U C N N tC C y n u L • O RI U a a� E y a ° A 190 o e ,.., , ..... T m JCJ /\ 9 a) oI a iti ii ° s N LL 13 a c V 6 R r! p �A9-.II p c CO c a a O N C ® > O 2 a w d D Co N• m c - . cd c� ° - >, ° 0 N U A C 2>> 6 Eii E / \ U o U a ` RI - w v o E rd e iLJ a ri �J 0 a; o iro Cl) a v o .9 x co ti F. y to SI IR®1100 Id \ / ciral.A Conceptual Station Design Bus Shelter • Structure Style: Two post with offset canopy wings • Structural Glass Canopy System • Mounted with concrete footings • Modular Design o Approximately 14' in length o Approximately 10' in height o Canopy depth of approximately 5'6"and/or 7'6"—depending on sidewalk width LED lighting • Solar powered • Future retrofit of a real time passenger information display LED panel Side View r, I. Rear Wing Solar Heat Resistant Glass Canopy f( I P Rear View Night View with LED lighting q� el r Trash Receptacle • 45 gallon capacity • Single-stream litter receptacle • Surface mounted Bench • Bench with seat dividers/armrests • Seating for three adults • Surface mounted C 0 a a, o, "C:3 Y C Q u ro ea CO n J C vi Z 4Oz 0- C F O 0 -0 W L- a 01 1-, a *CO Z U E J » 4 LL 0 CU LIJ Q' a Q 0 N 0 LL CU C O F C m •- O L to .14 Z ¢ 2 0 r O O 3a r � a . ado O d. Er -2- = _ = o F > _ a. 3 211 E w < W < II !ii co 'IP I E. La 0 1- a a a �F ii U O` 1 f 0 N O O ' CD c fa E_ ry- ur i ; c - I 5 7 a �i'w 3 g vN } 0 w 2 � r 0 Cl O O tN C9 .: kj 4 ( f 4 EE e ' - t ro Q a a Wz w!z ° - I o << W o 0 ai o d 2 0 0 0 0 0 LO un 0 0 r- N o 0 Z J cri Lei co O 4 N P 0 Z W oi 2 w 0 0 0 0 0 J 0 N 0 0 E 40 Q N t' O O Z N O >- LL P I- to to N 0 0 0 0 0 7 o 0 0 o CO in 1.6 M co - U O Z a E N d IX a LL =• O i v+ce 10 w z ✓• 2 7 O LL C W W 0 R LU O 0 O K U r r 0 N m 01 _ o >- f C m N ✓ Z £ M N C w I -n C Z LL Z N 3 Q 0 0 LL Q a) o u 2° a � U " < al al 2 H J nO U ° o o O 0 J ON o On o 4 r` cD r H Z O p r w C o r o 0 0 Z N O o W 0 N " 2 CD W Or J J N CL } 00 0 00 Oo LL o 0 O O Z O m M Q ,A P Q O p 0 I- 0 0 o 0 N a 0 to N in U) Q N N N b IA CO• Z Q O J 0 co o a a 0 0 0 0 Q co M ° Cc CI) K W O N £ p = N L F U � z N rQ W Z >- o O Q 2 W LL N O O O X O Q W W so 2 0 0 fn oN N O 5 EL LL S 0 F a) C U > °) O DC E Z am rn Q C = c Q o m F a) m 2 C U C O J W K U 7 J rn d N Q r W s C 0 ❑ cn U r ZE z O P r z w o ac w ,.. a. z e r O d F N m m W w a o w_ co cc ci ■ t O N mu r I— U W C 0• O 'a a o „ w m O cc LL O ; r r U K m m m Z c o c m Q c u ca a r m m w o ` u U ` Q of m w J N N C N S 0 O Cl) 0 Attachment F Grantee To Complete Invoice# LACMTA FA Invoice Date QUARTERLY PROGRESS/EXPENSE REPORT FA a Quarterly Report s PROJECT SPONSORS ARE REQUESTED TO SUBMIT THIS REPORT TO THE LACMTA_PR.OJECT MANAGER RESPONSIBLE FOR THIS PROJECT during or after the close of each month. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting& Expenditure Guidelines (Attachment G)for further information. Please itemme giant-related charges for this Quarter on Page 5 of this reoon and include totals in this Section. LACMTA Grant Local Match(Incl.Im Local Match Total Mind) f f f Project Quarter Expenditure This Quarter Expenditure Retention Amount Net Invoice Amount(Less Retention) Project-to-Date Expenditure Funds Expended to Mate(Include this Quarter) Total Project Budget of Project Budget Expended to Date Balance Remaining Page 1 0(5 PROJECT TITLE: FA#: QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: F I2014-2OI5 I 2015-2016 Quarter: UI Jul Sep TT 02.Oct-Dec 703:Jan-Mar 04:Apr-Jun DATE SUBMITTED: .Name- Area Team LACMTA Project Mgr. Phone Number. e-mail: Contact Name. • Job Tltle Department Project Sponsor Contact I Project Manager City I Agency: _ Mailing Address: Phone Number mail Page 2 of 5 1. DELIVERABLES 8 MILESTONES 5t all deliverables and me/es/ones as slutod rn the FA with and end dates Calculate the total p'uject dure(mn DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3RD COLUMNS BELOW BELOW 1 mare every eked to accurately portray milestone dates i ( EA Scope f Work, since Ihts will p 'ode the basis.for calcularng any project delay 1I TI.!sii(eSrTMO start andlor end dares change from h The O g 'I FA Scope of WO14 tnritcale the now dales under Actual schedule below and - i the project /wafts? However. /PH does hang=11 Ig l rftlestones tn your,A PER YOUR FUNDING AGREEMENT.ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE Original FA Schedule in Scope of Work Actual Schedule FA Milestones Start Date End Date Start Date End Date Total Project Duration(Months■ 2.PROJECT COMPLETION A.Based on the comparison of the original and actual protect milestone schedules above,project IS(select only one) [Jon schedule per ono ne FA schedule Less than 12 months behind original schedule Between 12-24 months behird original sche&e More than 24 months eenind original schedule B Was the project design started within 6 months of the dale originally stated in the FA' r I Yes No Not Applicable C.Wes a construction contract or capital purchase executed within 9 months alter completion of design I specifications? Yes FT No rl Not Applicable Page 3 of 5 3.TASKS/MILESTONES ACCOMPLISHED List tasks or milestones accomplished and progress made this quarter. 9 14.PROJECT DELAY tf project is delayed,describe reasons for delay(this quarter). Pay particular attention to schedule delays. It delay is for the same reason as mentioned in previous quarters,please indicate by writing"Same as Previous Quarter. S.ACTION ITEMS TO RESOLVE DELAY If the project is delayed(as described in 114),include action items that have been,or will be,undertaken to resolve the delay. Page 4 of 5 A'.,expenses and charges.including gram and local match.must be neml:ed and listed below Each ilem listed must be verifiable by an invoice and/or other proper documentation. The total Amounm shown here must be equal to his quarter's expenditures listed on page t of this repon Ail expenses and charges musl be reflective of the approved hudgel aid hales as shown in the FA Atlachment B Scope of Work Use additional pages R needed TOTAL EXPENSES ITEM lxvoice• S CHARGED TO LACMTA GRANT I CHARGED TO LOCAL MATCH CHARGES I 2i } 11 14 TOTAL ._. Notes: I.Local match spent in each quarter.must hen 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 labovel. 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 neUcallforprolects Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that l 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 Srgrratum Date Name Tape Page 5 of 5 Attachment G REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES • Monthly/Quarterly Expense Report and Monthly/Quarterly Progress Report (Attachment F) are required for all projects. No funds will be disbursed unless these reports have been submitted and approved by the Metro based on the Funding Agreement(FA)reporting schedule. • The Monthly/Quarterly Progress Report covers all activities related to the project. It is essential that Grantee provide 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 Monthly/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 Monthly/Quarterly Expense Report must reflect the 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 FA, Metro may automatically adjust the grant payment accordingly or payment may be withheld at the discretion of the Metro Project Manager. • Monthly/Quarterly reports are due on the 15'h day of the months of October, January, April and July. Reporting schedule is based on the fiscal year as follows: Quarter Report Due Date July - September October 15 October- December January 15 .lanuary- March April 15 April -June July I5 EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope of Work (Attachment 13) is considered ineligible and will not be reimbursed by the Metro unless prior written authorization has been granted by the Metro 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 Metro-funded or non- Metro-funded projects; activities or expenses related to a previously funded project cannot be used as local match for the current project. • Administrative cost is the ongoing expense incurred by the grantee for the duration of the project and for the direct benefit of the project as specified in the Scope of Work (Attachment 6). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must he 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. • Metro is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the execution of the FA, unless written authorization has been granted by the Metro Chief Executive Officer or her designee. • The FA is considered executed when the Metro Chief Executive Officer or her designee signs the document. DEFINITIONS • Local Participation: Where local participation consists of`in-kind- contributions rather than funds, the following contributions may be included: • Costs incurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights-of-way purchase, and construction management costs. • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. • Donations of volunteer services dedicated to the project. • A third-party contribution of services, land, building space, supplies or equipment dedicated to the project. • Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification. • Excessive Cost: Any expense deemed "excessive" by Metro staff will be adjusted to reflect a "reasonable and customary" level. For detail definition of"reasonable cost', please refer to the Federal Register OMIT Circulars A-87 Cost Principals for State and Local Governments: and A-122 Cast Principals for Nonprofit Organizations. • in-eligible Expenditures: Any activity or expense charged above and beyond the approved Scope of Work is considered in-eligible. ATTACHMENT H Los Angeles Metropolitan Transportation Authority 2013 Federal Transportation Improvement Program ($000) TIP 10 LA008413 Implementing Agency Los Angeles County MTA P rotect Description METRO RAPID BUS STATIONS-PHASE H INCLUDES COMMUNICATIONS 8 EQUIPMENT-Equipment and M GRWTA P rsToGulteit NUO°Elti l3 k B us 51atlen on Michael Rplimai—(212)922 2 553 Em a RIcb aim©ntrO n m Co N LS GR OUP* Conformity Category EXE 92 12 6 acme E. Transit Roula POnmJe to 0 Phase Emu mmnentet GOCUmenWraJasign Prase(PAED) Completion Date 1871112011 lens^RE T'ansil Mode Hap Trans Fee Pn RICe Loc Au Basin SCAB Eneir Dec CATE OORICALLI EXEMPT 12/30/2003 Liza Los Angelesimg Suo-AUaa Sub-Region Beach-Santa Ala heap,.Vaal- l leadway On Slop Time.Parking S Stop O ac CHIPS ID: CO9700019SO EAY: PPNO. Pmdrem Code NCR19-PASSENGER BENCHES 8 SMALL SHELTERS Slob Leo PHASE PRIOR '2113 1114 14,L '5116 16/17 17 118 BEYOND TOTAL PE RW ■ CON SUBTOTAL q454 V. R 53O b nut Now sans PE 50 r SO 0.W SO 30 CON S16.700 416 700 SUerbTAt-7110.700" ' '`'ixfi�$.^,;' > r31 AGENCY Memo PE SC SO RW SO W _.. _.. CON S4I155 fI7.155 CANSO Congestion MXgalim*0iapty PE $0 SO RD/ SO SO CON $46145 TOTAL PE: SO TOTAL RW: SO TOTAL CON: $110000 Meeting Comment TCM comment �. ininm at 1110000 Last Revised Adoption 13-00-APPROVED Change reason Carry Over,MINOR CHANGE Total Cost $110.000 Page 1 Monday,June 2,2014 APPENDIX I ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF MEASURE R LOCAL RETURN FUNDS The undersigned, in conjunction with the receipt of funds derived from the one -half cent sales tax approved pursuant to Assembly Bill 2321, Measure R Ordinance of the Los Angeles County Metropolitan Transportation Authority ( "LACMTA "), and as required by LACMTA's Measure R Local Return ( "LR ") Guidelines, hereby provides the following assurances and understandings. A. The undersigned hereby assures LACMTA 1. That the Measure R LR funds are to be used to augment, not supplant, existing local revenues being used for transportation purposes; 2. That Measure R LR funds will be used for public transportation purposes as defined in LACMTA's Measure R LR Guidelines; That the undersigned will submit to LACMTA for the use of Measure R LR funds: a. An Expenditure Plan, annually, by August I" of each year, including a proposed budget of the current year's expenditures; b. An Expenditure Report, annually, by October 15" of each year, including an update of the prior year's expenditures; 4. Unless otherwise required by LACMTA, an audit certified by a Certified Public Accountant, will be conducted by LACMTA within 180 days of the close of the fiscal yew; 5. That all projects proposed for Measure R LR funding will meet the legal requirements of the Measure R Ordinance and LACMTA's LR Guidelines criteria. B. The undersigned further understands and agrees 1. That LACMTA will require the undersigned to return any Measure R LR funds and may impose interest penalties on any expenditure found to be illegal or improper under the terms of the Measure R Ordinance or the LACMTA's LR Guidelines; 2. That the undersigned will, for projects to be funded in part or in whole with Measure R LR funds, comply with all applicable federal, state, and local laws and regulations, including without limitation: American With Disabilities Act (ADA), CEQA and NEPA, affirmative action, transit accessibility and public health and safety requirements and fair labor practices; 3. That the undersigned will utilize the State Controller's Uniform System of Accounts and Records to accommodate uses and disbursements of Measure R LR funds which will allow financial and compliance audits of Measure R LR funds transactions and expenditures to be conducted; Measure R Local Return 2010 Guidelines /Board Approved 10/22/09 14 4. That any Measure R LR funds not expended within five (5) years, under the Timely Use of Funds time period, or held in a Capital Reserve account approved by LACMTA, thereafter will be returned to LACMTA upon request. In addition to implementing new Measure R eligible projects and programs, Jurisdictions may use Measure R LR funds to supplement existing Measure R eligible projects and programs should there be a current or projected funding shortfall. LACMTA reserves the right to request appropriate documentation from a Jurisdiction to support the existence of a funding shortfall. IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings Regarding Receipt and Use of Measure R LR Funds" this 28TH day of JANUARY _, 2010by its duly authorized officer: CITY OF ROSEMEAD by 4L/1 ��✓ka FINANCE DIRECTOR (Title) DATE ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF MEASURE R LOCAL RETURN FUNDS Measure R Local Return 1 2010 Guidelines 10/26/2009 15 APPENDIX II ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF PROPOSITION A and PROPOSITION C FUNDS The undersigned, in conjunction with the receipt of funds derived from the one -half cent sales tax imposed by Ordinance No. 16 (Proposition A) and the one -half cent sales tax imposed by the Proposition C Ordinance of the Los Angeles County Metropolitan Transportation Authority (Metro), and as required by Metro's Local Return Program Guidelines, hereby provides the following assurances and understandings. A. The undersigned hereby assures Metro I. That the Proposition A,and Proposition C funds will not be substituted for property tax funds which are currently funding existing public transportation programs; 2. That Proposition A and'Proposition C funds will be used for public transit purposes as defined in Metro's Local Return Program Guidelines; ' 3. That the undersigne will submit to Metro a description of the use of funds: a. For service expansion or new service: at least 60 days before encumbrance of funds; b. For other projects: at least 30 days before encumbrance of funds; . -k C. Annually, by August 1 r of each year, an update of previously approved projects; d. Annually, by October 15' of each year, an update of the prior year's expenditures; 4. Any proposed use of funds will not duplicate or compete with any existing publicly - funded transit or paratransit service; 5. That Proposition A and Proposition C funds will be expended by the date that is three years from the last day of the fiscal year in which funds were originally allocated; 6. Unless otherwise required by Metro, an audit certified by a Certified Public Accountant, will be conducted by Metro within 180 days of the close of the fiscal year; 7. That the description of the intended use of the funds, as submitted to Metro, is an accurate depiction of the project to be implemented; 8. That a 25 percent change in project scope or financing for those projects defined in the Guidelines will be submitted to Metro at least 60 days before that change in scope is implemented; 9. That all projects proposed for Proposition A and Proposition C funding will meet the legal requirements of the Proposition A and Proposition C Ordinances and Metro's Local Return Program Guidelines criteria. 37 Proposition A and Proposition C Local Return Guidelines 2007 Edition B. The undersigned further understands and aerees 1. That Metro will require the undersigned to return any Proposition A and Proposition C funds and may impose interest penalties on any expenditure found to be illegal or improper under the terms of the Proposition A and Proposition C Ordinance or the Metro's Local Return Program Guidelines; 2. That the undersigned will, for projects to be funded in part or in whole with Proposition A and/or Proposition C funds, comply with all applicable federal, state, and local laws and regulations, including without limitation: American With Disabilities Act (ADA), CEQA and NEPA, affirmative action, transit accessibility and public health and safety requirements and fair labor practices; 3. That the undersigned will either utilize the State Controller's Uniform System of Accounts and Records to accommodate uses and disbursements of Proposition A and Proposition C funds or will establish a separate Proposition A and Proposition C Local Transit Assistance accounting system which will allow financial and compliance audits of Proposition A and Proposition C funds transactions and expenditures to be conducted; 4. That any Proposition A and Proposition C funds not expended within the year of receipt of funds plus three years thereafter will be returned to Metro upon request therefrom. IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings Regarding Receipt and Use of Proposition A and Proposition C Funds" this _ day of 20_ by its duly authorized officer: CITY OF agw eAJ BY (Title le DATE y ?, 38 Proposition A and Proposition C Local Return Guidelines 2007 Edition INTER - AGENCY COUNTYWIDE SIGNAL PRIORITY MEMORANDUM OF UNDERSTANDING CITY OF ROSEMEAD AND LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Memorandum of Understanding ( "MOU °) is a no cost agreement entered into effective II 5- 09 by and between the City of Rosernead ( "City ") and the Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") to provide inter - agency guidelines, responsibilities and procedures for the installation, operations and maintenance of Countywide Signal Priority (CSP) to support METRO Rapid operations. RECITALS A. The City has responsibility for the operation and maintenance of its local traffic control system. B. LACMTA is deploying its Metro Rapid bus service, which will be running through certain corridors in the City. A component of this Rapid bus program is to provide signal priority for Rapid buses at signalized intersections along the Rapid bus route. LACMTA uses Countywide Signal Priority ("CSP") technologies to implement the signal priority element of the Rapid service. C. The implementation of CSP technologies have been successfully demonstrated to enhance Metro Rapid services, resulting in substantial travel time savings for the public without negatively impacting the overall transportation network. D. CSP was prepared in accordance with state and federal traffic signal safety requirements. The implementation of CSP does not affect or alter the safety parameters of the local traffic control system. E. The City desires to participate in the Metro Rapid service by allowing LACMTA to make certain improvements on City traffic control equipment at targeted intersections as described herein. F. The purpose of this MOU is to establish the following items to facilitate the implementation and ongoing operations of CSP for Metro Rapid services along Garvey Avenue between Garvey Community Center and Jackson Avenue in the City of Rosemead: Inter - Agency Countywide Signal Priority Memorandum of Understanding City of Rosemead • Clear delineation of roles and responsibilities of each agency • Standard operating procedures for each agency • Maintenance responsibilities for agencies • Acceptance of mutual cooperation to resolve technical and institutional issues during the design, implementation, operation and maintenance of the CSP project. • Communication protocols (along with contact names and phone numbers) AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1.0 CITY AGREES: 1.1 ROLES AND RESPONSIBILITIES 1.1.1 If available, the City will provide or make available to LACMTA existing traffic signal plans for targeted intersections in order for LACMTA to prepare final as -built drawings. Such traffic signal plans shall be provided in an electronic format, if available. 1.1.2 The City will provide coordination support during the design, installation and testing of all CSP elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely approvals and inspections and making staff available on an as- needed basis. 1.1.3 The City shall work with LACMTA to make space available for the installation of CSP WLAN equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary. 1.1.4 The City shall issue permits, if required, at no cost to LACMTA or its contractors for all work directly related to the installation of CSP. 1.1.5 The City shall assist with the installation of updated traffic signal control programs required for the CSP operation. The City shall remain responsible for tasks directly related to day -to -day traffic signal operations. 1.1.6 The City hereby authorizes LACMTA to obtain the applicable traffic signal control firmware for the City in order to operate the CSP system. 1.1.7 The City shall retain exclusive ownership and control over all local traffic signal control equipment. Other than the CSP WLAN and related equipment, the City shall also retain exclusive ownership Inter- Agency Countywide Signal Priority Memorandum of Understanding City of Rosemead and control over all other equipment, firmware, software and improvements that LACMTA makes to the City traffic signals. 1.2 OPERATIONS & MAINTENANCE 1.2.1 The City shall retain responsibility for the operations and maintenance of the local traffic control system, including those intersections receiving traffic signal cabinet, controller hardware and firmware upgrades. Nothing in this MOU is intended to change or be construed to change City's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing /signal issues at City intersections. 1.2.2 The City reserves the right to disconnect CSP hardware as deemed necessary as part of normal local traffic signal control operations and maintenance. 1.2.3 The City will notify LACMTA if CSP hardware is disconnected during the normal course of traffic signal control operations and maintenance. 1.3 COOPERATION 1.3.1 The City supports the deployment of the CSP System and will cooperate with LACMTA in order to successfully deploy signal priority along Garvey Avenue between Garvey Community Center and Jackson Avenue in the City of Rosemead. 1.4 COMMUNICATIONS 1.4.1 The City appoints the following individual to serve as the principal point of contact under this MOU: City of Rosemead P.O. Box 399 8838 E. Valley Boulevard Rosemead, CA 91770 ATTN: CHRIS MARCARELLO DEPUTY PUBLIC WORKS DIRECTOR cmarcarello@cityofrosemead.org 2.0 LACMTA AGREES: 2.1 ROLES AND RESPONSIBILITIES Inter- Agency Countywide Signal Priority Memorandum of Understanding Citv of Rosemead 2.1.1 To the extent, LACMTA obtains traffic signal plans from the City, LACMTA shall update such traffic signal plans with the proposed signal priority improvements and provide final as built plans to the City upon completion of installation. 2.1.2 At LACMTA's sole cost and expense, LACMTA shall procure, test, and in coordination with the City, integrate, and install all elements necessary to implement CSP at each targeted intersection, including installing traffic signal controller and firmware upgrades when necessary. LACMTA shall not install any CSP equipment until LACMTA has received (i) City's approval on the design and (ii) the applicable City permits. 2.1.3 LACMTA and its contractors will obtain all necessary permits and coordinate with the City prior to commencing fieldwork. 2.1.4 LACMTA will retain exclusive ownership and control over the CSP WLAN and related equipment. , 2.1.5 LACMTA will coordinate with the Los Angeles County Department of Public Works who will be responsible for updating and the initial entering of signal timing with CSP parameters along Garvey Avenue between Garvey Community Center and Jackson Avenue in the City of Rosemead. 2.2 OPERATIONS & MAINTENANCE 2.2.1 LACMTA shall work with the City to develop appropriate signal priority implementation strategies acceptable to both agencies. The parties understand and agree that the City is ultimately responsible for the traffic timing sheets that control all intersections. 2.2.2 LACMTA will coordinate all operations and maintenance directly attributable to the signal priority deployment with the City. 2.3 COOPERATION 2.3.1 LACMTA will work closely with the City to ensure that the deployment of signal priority does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections. 2.4 COMMUNICATIONS 2.4.1 LACMTA appoints the following individual to serve as the principal point of contact: Steve Gota Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Inter - Agency Countywide Signal Priority Memorandum of Understanding Citv of Rosemead Mail Stop: 99 -22 -8 Los Angeles, CA 90012 (213) 922 -3043 gotas @inetro.net 3.0 MUTUALLY AGREED: 3.1 The recitals above are incorporated by reference and hereby made a part of this MOU. 3.2 By accepting this MOU, the City and LACMTA recognize that it is impractical to make provisions for every contingency that may arise during the term of this MOU. The City and LACMTA agree in principle that the MOU shall operate with fairness and without detriment to the interest of all parties, and if in the course of the performance of this MOU, an infringement of this principle is anticipated or disclosed, the City and LACMTA shall promptly meet in good faith and shall determine what actions need to take place to remove the cause or causes of such infringement. 3.3 Neither the City nor any officer or employee thereof is responsible for any damages or liability occurring by reason of anything done or omitted to he done by LACMTA under or in connection with any work authority or jurisdiction delegated to LACMTA under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, LACMTA shall fully defend, indemnify and save harmless the City and their respective officers and employees from all claims, suits or action of every name, kind and description brought for or on account of injury (as defined in Government Section 810.8) occurring by reason of anything done or omitted to be done by LACMTA under or in connection with any work, authority, responsibility or jurisdiction delegated to LACMTA under this MOU. 3.4 Neither LACMTA nor any officer or employee thereof is responsible for any damages or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work authority or jurisdiction delegated to the City under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the City shall fully defend, indemnify and save harmless LACMTA and their respective officers and employees from all claims, suits or action of every name, kind and description brought for or on account of injury (as defined in Government Section 810.8) occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority, responsibility or jurisdiction delegated to the City under this MOU. Inter- Agency Countywide Signal Priority Memorandum of Understanding City of Rosemead IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: u LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY B &11 i /l am —s� Arthur T. Leahy Date Chief Executive Officer APPROVED AS TO FORM: Robert E. Kalunian GRANTEE: CITY OF ROSEMEAD By: A� - /0- /- 0 f Mar et Clark Date Mayor APPROVED AS TO FORM: City Counsel By: J Montes Date City Attorney Acting County Counsel Countywide Metro Rapid Signal Priority Countywide Signal Priority PROGRAM INTRODUCTION Introduction The Los Angeles County Metropolitan Transportation Authority (Metro) is constantly striving to improve regional mobility by increasing the efficiency and attractiveness of public transit through- out the region. As part of this endeavor, Metro has embarked upon an ambitious plan to enhance bus service along the County's most utilized transit corridors. One of the most promising tools available today to contribute to the success of the agency's service enhancement objectives is bus signal priority (BSP). What exactly is BSP? In 2004, ITS America defined BSP as "an operational strategy that facilitates the movement of in- service buses through traffic signal controlled intersections ". Simply stated, BSP is a means to grant buses preferential treatment at signalized intersections to reduce red light delay. It is important to note that signal priority is not synonymous with signal preemption. One of the major differences is that signal priority is designed to minimally alter signal operations as op- posed to interrupting signal operations all together. Studies conducted in Los Angeles County and throughout the United States have demonstrated that signal priority can be implemented without having a noticeable impact upon cross street traffic. Implementing BSP in Los Angeles County is a formidable task. There are 88 incorporated cities and many unincorporated areas within the county resulting in a diverse traffic signal control infrastruc- ture. To address this challenge, Metro initiated the Countywide Signal Priority (CSP) Pilot Project in the late 90s that culminated in the development of a standardized countywide signal priority ap- proach. This introduction provides a brief overview of Metro's CSP program and a surface overview of the technology used to accomplish the program's goals and objectives. We will explore the history of the program, delve into the technological and operational approach, and discuss the nature of the multi - jurisdictional partnerships that are being established. Countywide Signal Prograln history As part of its effort to test new Advanced Public Transportation System (APTS) technologies, Metro embarked upon a comprehensive effort to develop a bus signal priority system to be imple- mented on high ridership corridors within Los Angeles County. This effort, referred to as the CSP Pilot Project was initiated in 1998 and consisted of the design, development, deployment, testing, and evaluation of a signal priority system that could interface with the wide variety of the local traf- fic signal control systems owned and operated by various Los Angeles County jurisdictions. The overall goal of the pilot project was the development of a bus signal priority approach that would serve as an architectural blueprint for future multi - jurisdictional deployments. The principal objec- tives were to minimize delay experienced by buses and shortening round trip running times. The CSP Pilot Project was a truly a collaborative effort bringing together multiple jurisdictions and transit operators to develop consensus on a single signal priority strategy with countywide applica- bility. In February 2004, the system deployed as part of this effort debuted with the opening of Pagel 1 Countywide Metro Rapid Signal Priority Metro Rapid Line 710 on Crenshaw Boulevard. This event marked the first successful demonstra- tion of signal priority operations across multiple jurisdictional boundaries in Los Angeles County. Along the Crenshaw Boulevard corridor, 40 intersections in five different jurisdictions were tar- geted to receive CSP technology enhancements. Ultimately this project successfully demonstrated that signal priority technologies could reduce the time buses spend idling at red light traffic signals and significantly improve overall bus running times without adversely affecting cross street traffic. In 2005, Metro embarked on the Countywide Metro Rapid Signal Priority Expansion Project, a fol- low up to the previous successful demonstration pilot. The scope of this system expansion was the — deployment of signal priority along additional Metro bus corridors trav- ersing through twenty-four jurisdictions. The focus of this first phase { ) was to expand bus signal priority in conformance with the signal prior- i ity approach developed and tested as part of the original pilot project. -`} 1 The seven corridors included Pacific -Long Beach, Soto, Hawthorne, i and Florence, Manchester, Garvey- Chavez, and Atlantic. Metro has also begun to develop strategic partnerships with other transit operators in Los Angeles County to expand the implementation of CSP to additional corridors in the Gateway and San Gabriel Valley sub - regions. Additional municipal transit operator partnership discussions are un- derway to further expand the reach of the CSP program with further deployments anticipated in the near future. It is anticipated that by 2012, CSP will deployed at almost 500 intersections in 32 dif- ferent jurisdictions in Los Angeles County. The Technology The CSP technology approach is based on the concept of a "smart bus" capable of wirelessly transmitting signal priority request messages to local traffic signal con - trolled intersections. This approach is dependent upon three key pieces which in- clude the on -bus system elements, a wireless communications infrastructure, and signal priority enabled traffic signal controllers. On -bus AVL unit generates Signal Priority request messages On Bus Svsterns The "smart bus concept' is dependent upon the ability of a bus to determine whether or not it is in need of priority and to initiate a request if priority is deemed necessary. This departs from the cen- tralized signal priority approach which relies on a central system to make the pri ority request decision. The essential components of a CSP capable "smart bus a Jw are an on board computer with sufficient logic to be able generate signal priority requests, a global positioning system (GPS) to provide accurate real -time location fi information, and a wireless radio capable of transmitting priority request mes v sages. These three pieces together are responsible for generating priority request' ` messages that are ultimately received by targeted local traffic control equipment Tri -Band Antenna "smart on the bus" without any human intervention. Typically, Metro has installed a stand -alone unit on its dedicated CSP fleet; however, more recently, Metro has funded several initiatives to utilize existing automatic vehicle location (AVL) equipment Pagel 2 Countywide Metro Rapid Signal Priority to meet the on -bus requirements of the CSP system. A standardized signal priority messaging pro- tocol has been established that ensures that any on -bus system can be utilized to generate signal pri- ority request messages if they have the features identified earlier. Communications Infrastructure The backbone of the CSP architecture is an IEEE 802.11b (Wi -Fi) wire- less local area network (WLAN) that brokers communications between CSP equipped buses and intersections. Utilizing commercially available off -the -shelf hardware placed at strategic locations along a signal priority corridor, a ubiquitous wireless network is created that provides the neces- sary communications path for signal priority request messages to reach their destination at the appropriate traffic signal control cabinet. Wi -Fi was originally selected as the means to meet the CSP bus -to- intersection wireless communi- cations requirements for a number of reasons, including its ease of implementation and interopera- bility, low maintenance burden, lack of ongoing lease -line costs, and its ability to meet the CSP sys- tem's speed and bandwidth needs. While Metro has and continues to investigate other wireless communications solutions, Wi -Fi continues to be the de -facto standard for the CSP program as it continues to expand. Traffic Signal Control Hardware and Firmware As discussed earlier, Los Angeles County has a very diverse traffic signal control infrastructure. One of the primary design objectives during the initial development of the CSP system was the abil- ity to directly interface with the majority of traffic signal controllers in use throughout the County. To meet this objective, Metro has worked with a number of traffic signal control vendors and firm- ware developers, including the County of Los Angeles and the City of Los Angeles, to ensure CSP system compatibility countywide. To date, CSP can interface with 170E, 170ATC /HC 11, 2070, ASC /2, and ASC /3 controllers. Furthermore, Metro has funded software development to make 13I- Tran/McCain, Econolite, County LACO 4, and City of LA 2070 firmware CSP compatible. Common traffic signal controller types in use throughout the County How It All Works As a bus enters a CSP equipped corridor it associates with the WLAN that has been setup to provide corridor -wide wireless access. The bus is aware of its bus run assignment and operating schedule, and is constantly monitoring its location using GPS. As the bus approaches a signalized intersec- tion it makes a determination whether or not it needs priority based upon a number of pre - configured parameters. If priority is warranted, the bus will send two messages to the WLAN. The first message sent is a Check -In that lets the intersection signal controller know that signal priority is being reques and provides an estimated time of arrival (ETA). The second message sent is a Pagel 3 AP mounted to Traffic signal pole Countywide Metro Rapid Signal Priority Position Update generated five seconds after the original Check -In message. The Position Update is sent to provide a more accurate ETA as the bus gets closer to the intersection and to provide mes- sage redundancy. Messages generated by the bus are routed through the WLAN to the traffic signal controller which then determines if and how signal priority will be granted based upon a number of rules established and agreed upon by Metro and its jurisdictional partners. Typically, only ten percent of the signal cycle is allocated to service a signal priority request in the form of an early green or green exten- sion. As the bus clears the intersection, a Check -Out message is sent, which allows the intersection to recover any unused time. Partnership is Ke -t As mentioned earlier, Los Angeles County is home to 88 incorporated cities and many unincorpo- rated areas. Over the years, Metro has developed over a dozen strong signal priority partnerships within the region and is continuing its regional outreach efforts. The success of the program is not only dependent on the design and functional efficiency of the CSP approach, but also the participa- tion and support of our jurisdictional partners. As such, Metro has worked throughout the region to ensure CSP is deployed as a cooperative effort with minimal burden on those local agencies respon- sible for traffic signal operations and maintenance. Metro is also working with other municipal transit operators to further expand signal priority oppor- tunities as part of a broader commitment to enhance local and regional transit services. Metro's pio- neering efforts and commitment to the expansion of CSP has established a strong precedent for tran- sit signal priority both here in Los Angeles County and throughout the nation. Pagel 4 Access point and mobile client in a CSP network. Countywide Metro Rapid Signal Priority Contact Information Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, Los Angeles California 90012 -2952 Shahrzad Amiri Deputy Executive Offices Mail Stop: 99 -22 -8 Phone: 213-922-3061 Fax: 213-922-6353 Email: amiris @metro.net Steven Gota Project Manager Mail Stop: 99 -22 -8 Phone: 213- 922 -3043 Fax: 213-922-6353 Email: gotas @metro.net Reinland Jones Project Manager Mail Stop: 99 -22 -8 Phone: 211-922-2231 Fax: 213-922-6353 Email: jonesre @metro net Los Angeles County ® Metropolitan Transportation Authority Metro June 3, 2009 Mr. Chris Marcarello Deputy Public Works Director City of Rosemead 8838 E. Valley Boulevard P.O. Box 399 Rosemead, CA 91770 Dear Mr. Marcarello: n LJ One Gateway Plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro.net Attached for your files is one original copy of the Agreement between Metro and the City of Rosemead regarding the relocation of bus shelters in the City of Rosemead. Please submit all requests for reimbursement to my attention. The agreement has been approved and signed by Ms. Carol Inge, Chief Planning Officer, for Mr. Arthur T. Leahy, Chief Executive Officer. Should you have any questions, please phone me at (213) 922 -3050. Sincerely, _.� /" 24 t Larry Torres Transportation Planning Manager Metro (213) 922 -3050 a AGREEMENT FOR THE RELOCATION OF BUS SHELTERS IN THE CITY OF ROSEMEAD W This Agreement for the Relocation of Bus Shelters in the City of Rosemead (the "Agreement") is entered into as of March 20, 2009 by and between the Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") and the City of Rosemead ( "CITY'). RECITALS: A. In December 2007, the LACMTA implemented new Metro Rapid Line 770 (Garvey - Chavez), which serves the City of Rosemead via Garvey Avenue. B. With the implementation of new Metro Rapid Line 770, a number of LACMTA bus shelters were relocated from nearside of the intersection to farside of the intersection, causing some existing CITY bus shelters to become unused. C. The LACMTA is willing to reimburse the CITY for eligible labor expenses to relocate two CITY owned bus shelters: one bus shelter is currently located on the northeast corner of Garvey Avenue and Del Mar Avenue and the second bus shelter is located at the southwest corner of Garvey Avenue and San Gabriel Boulevard (the "CITY Shelters "). The City Shelters became unused when LACMTA implemented new Metro Rapid Line 770. D. The CITY has requested that the CITY Shelters be relocated to the new LACMTA bus shelter locations at the northwest corner of Garvey Avenue and Del Mar Avenue and the southeast corner of Garvey Avenue and San Gabriel Boulevard (the 'Relocated Stop Locations "). E. LACMTA and the CITY desire to enter into this Agreement in order for the CITY to be reimbursed for the relocation of the CITY Shelters. NOW, THEREFORE, the parties hereby agree as follows: it =Y014]:I *s];1114:IT /Ia F9 CITY shall contract with a private contractor to move the CITY Shelters to the Relocated Stop Locations (the 'Project') as shown in the attached auto cad drawings, which are included as Attachment A to this Agreement. 2. PAYMENT a. CITY will be reimbursed a maximum of $4,000 as full compensation for satisfactorily relocating the CITY Shelters. Disbursements, with approval from LACMTA, shall be on a reimbursement basis. This sum includes payment for labor, taxes, insurance, and fringe benefits, as well as indirect costs, overhead and profit allowance, materials and supplies. b. In no event shall the total compensation for all services provided under this Agreement exceed $4,000. CITY will bill LACMTA for services rendered, and payment will be made within thirty (30) days of receipt of an acceptable invoice, approved by the LACMTA Project Manager or a designated representative. All invoices must be made in writing, adequately supported with appropriate documentation, as requested by the LACMTA, and delivered or mailed to the LACMTA as follows: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Larry Torres, Project Manager Mail Stop 99 -23 -1 3. REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS. LACMTA, and /or its designee, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits; interim audits; pre -award audits and performance audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). CITY'S records shall include, without limitation, accounting records, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by the LACMTA to substantiate charges related to the Project (all collectively referred to as "records ") shall be open to inspection and subject to audit and reproduction by the LACMTA auditors or authorized representatives to the extent necessary to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4. TERM Relocation services under this Agreement shall begin on March 20, 2009 and shall be completed by December 31, 2009 unless this Agreement is terminated earlier by the LACMTA as provided below. 5. TERMINATION The LACMTA may, by written notice to CITY, terminate this Agreement in whole or in part at any time, either for the LACMTA's convenience or because of the failure of the CITY to fulfill its contractual obligations. Upon receipt of such notice, the CITY shall: (i) immediately terminate all services and (ii) deliver to the LACMTA all data, drawings, specifications, reports, estimates, summaries and such other information and material as 0 • may have been prepared or developed by the CITY in performance under this Agreement. If this Agreement is terminated, CITY shall be paid for its reasonable cost up to the maximum amount of $4,000, including contract closeout costs, and on work performed up to the time of termination. 6. MISCELLANEOUS a. Any amendment to this Agreement must be in writing and signed by both the CITY and the LACMTA. b. In performing services under this Agreement, CITY will be acting as an independent contractor and not as an agent or employee of the LACMTA. CITY will have no authority to contract in the name of the LACMTA and CITY will be responsible for its own acts and those of its agents and employees. c. CITY shall indemnify the LACMTA, its officers, agents and employees from all liability, damages and expenses resulting from CITY's acts or omissions and that of its agents, employees or subcontractors in the performance of its services and CITY agrees to defend at its expense all legal proceedings brought against the LACMTA as a consequence of CITY'S services and to pay any resulting judgments. d. In connection with the performance of services provided for under this Agreement, CITY agrees that it will not, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, or age, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws. e. CITY will not assign or subcontract any part of this Agreement without the prior consent of the LACMTA, and any attempt to do so will be void and unenforceable. f. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. g. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: 0 • LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Arthur T. Leahy Chief Executive Officer Date: e� -.1 d 9 APPROVED AS TO FORM: Robert E. Kalunian CITY OF City Manager APPROVED AS TO FORM (OPTIONAL): Date: 41l Date: m Acting County Counsel 0 ATTACHMENT A 0 AUTOCAD BUS STOP DRAWINGS GARVEY -DEL MAR AND GARVEY -SAN GABRIEL 0 Q 4 0 CL CO) 0 CD CL CD 0 CL 6 ty co • LU z Al o n TF A vo CD :L 0 � Q n CL r p CL r p 3 o CL N N (D O CL 25 pzz O a `.� S l co f � � 5 s 0 j j, v N Metro 40 Los Angeles County Metropolitan Transportation Authority Metro Pass Seller Agreement This Metro Pass Seller Agreement (the "Agreement ") is between the Los Angeles County Metropolitan Transportation Authority (LACMTA) AND City of Rosemead ( "City ") Location(s): Rosemead Community Center, 3939 Muscatel, Rosemead, CA. 91770 The Garvey Community Center, 9108 Garvey Avenue, Rosemead, CA. 91770 In consideration of the services to be rendered by City and the compensation to be paid therefore by LACMTA, the parties agree as follows: 1. A. City shall sell Metro paper passes (the "Metro Passes "), Metro paper stamps to be applied to the Metro Passes (the "Stamps'), Transit Access Pass ( "TAP ") Cards and associated products for LACMTA at the location(s) listed above and at any other locations that may be agreed upon by the parties in writing and causes to be displayed at the City's expense on the premises such advertising matter as may be supplied by LACMTA, as long as such advertising matter does not conflict with the business interest of City. B. City understands and agrees that the loading and or sale of the TAP Card will require City to use a compact point of sales device ( "CPOS ") supplied by LACMTA to City. To receive the CPOS, City shall execute the TAP CPOS License and Services Agreement attached hereto as Exhibit A. If the CPOS is damaged, lost or stolen, City shall pay a replacement fee of $3,267 or more as determined by LACMTA (fee based on current market replacement cost for CPOS and other administrative costs). City shall distribute LACMTA and TAP brochures and promotional materials, to LACMTA customers at the location listed above and any other locations that may be agreed upon by the parties in writing, as long as such brochures and promotional materials do not conflict with the business interests of City. i n L Metro Pass Seller Agreement Page 2 n u 2. City shall properly file and maintain all printed material, time schedules, folders, circulars and bulletins supplied by LACMTA and /or its agents and shall, to the best of its ability, furnish to the public complete and accurate information in accordance therewith and shall conform to all instructions and rules which may be issued by LACMTA and /or its agents. 3. City shall use LACMTA and TAP trademarks and logos in accordance with LACMTA graphic design guidelines on all forms of signs and display materials which mention LACMTA and /or TAP and to obtain prior approval from LACMTA and /or its representatives on all such materials before posting or displaying. 4. City may purchase any Metro pass /stamp or TAP cards from LACMTA at face value, for resale at a discounted price. 5. The relationship between City and LACMTA is not that of debtor and creditor, but trustee and beneficiary. All funds collected for the account of LACMTA and all funds derived from the sale of Metro Passes, Stamps, TAP Cards and associated products are the property of LACMTA. 6. City shall hold in trust for LACMTA any Metro fare media products, including, without limitation, Metro Passes, Stamps, TAP Cards, CPOS or other items supplied by LACMTA to City for use or sale. City shall keep proceeds of sales and any funds collected for account of LACMTA in trust, and shall remit the proceeds as provided in paragraph eight. City shall notify the TAP Service Center at 1- 866 - TAP -TO -GO immediately if the CPOS is found to be defective. 7. City shall mail to LACMTA completed report of Metro pass sales at the end of each pass sales period and return to LACMTA all unsold passes /stamps, except for TAP Cards, by the 15 day of each month. LACMTA will credit City for all returned passes /stamps at face value. Upon completion of accounting for actual sales in each month, LACMTA will invoice City for actual sales at face value per pass /stamp or product sold on TAP Cards. Invoices will be payable 30 days after receipt. 8. A. Failure to timely remit Metro Passes and Stamps sales reports and proceeds shall constitute a material breach of this Agreement and shall be grounds for immediate termination of this Agreement. LACMTA may, at its option, suspend distribution of Metro Passes and Stamps to City pending a I: 0 0 Metro Pass Seller Agreement Page 3 credit review of City by LACMTA and /or its designated agents, if City fails to timely remit Metro Passes and Stamps sales reports and proceeds. B. Additional TAP Card stock will not be delivered and CPOS TAP Card loading capabilities will be disabled until City has remitted to LACMTA all sales proceeds for the prior week's TAP Card and product sales. Upon request by LACMTA, City shall return all TAP card stock and CPOS device(s). Failure to timely remit TAP Card and associated product sales proceeds shall constitute a material breach of this Agreement and shall be grounds for immediate termination of this Agreement. If City fails at any time to timely remit TAP Card sales proceeds, LACMTA may, at its option, suspend City distribution of TAP Cards and City CPOS loading capabilities pending a credit review of City by LACMTA and /or its designated agents. 9. City shall be responsible for all Metro Passes, Stamps, TAP Cards and CPOS product loads, and other items for sale delivered to City by LACMTA and all money collected by City for LACMTA and will indemnify and save harmless the LACMTA from loss, whether occasioned by theft, forgery or other similar or dissimilar causes. All losses of Metro Passes /Stamps, TAP Cards and associated products, or other items for sale both physically and electronically shall be calculated based on the face value thereof. 10. City shall permit the authorized representative of LACMTA, during reasonable hours, to examine as to amount, Metro Passes /Stamps, TAP Cards and other property of the LACMTA, inclusive of LACMTA funds on hand, and to inspect and audit all records and accounts pertaining to business of LACMTA and the TAP program. 11. City shall contact the authorized representative of LACMTA for determination in all matters related to refunds or adjustments of sales on all Metro Passes and Stamps and shall contact the authorized representative of the TAP Service Center for determination in all matters related to refunds for adjustments of sales on all TAP cards, and associated products. 12. City is an independent contractor and not a beneficiary or employee of LACMTA within the meaning of any Worker's Compensation Law, or any law which would entitle City to benefits arising out of any State or Federal Unemployment or old age fund or similar law, or any right or privilege extended by LACMTA to its employees. City's authority is limited to the purpose herein specified and to said premises. City has no power to bind 3 1�1 Monthly Pass Seller Agreement Page 4 0 LACMTA, by contract or otherwise, except as herein provided as to the sale of transportation for persons or property. 13. A. City shall, at his own expense, procure and maintain in effect during the term hereof, public liability insurance with limits of not less than $50,000 on account of injuries to, or death of more than one person, and $150,000 on account of injuries to, or death of more than one person as the result of any accident or occurrence, and property damage insurance in the amount of $5,000. B. LACMTA shall be provided a Certificate of Insurance naming the LACMTA as an additional insured under such policy. LACMTA shall be given 15 days notice of the termination of such insurance. Such insurance shall protect and indemnify both City and LACMTA from any liability arising out of the occupancy and use of the facility by City. C. A lesser amount of insurance coverage or self- insurance by City may be agreed to by the parties in writing. 14. This Agreement may not be assigned or transferred by City. City will report, without delay, any change that may affect the City or its operation. In the event of transfer of City ownership interest, this Agreement shall terminate. In the event of death or disability of City, this Agreement shall terminate at the option of LACMTA. 15. No modification of this Agreement shall be effective unless made in writing and signed by both parties. 16. The terms of this Agreement shall be from month to month and may be terminated by either party without cause upon 30 days written notice. 17. No provision of this Agreement shall be construed to require LACMTA to continue to operate any bus service to or from the facility of City or elsewhere during the term of the Agreement, and it is expressly agreed that the LACMTA shall incur no liability to City by reason of any rerouting, rescheduling, discontinuance or other changes in bus or other transit services operated by LACMTA. 18. In the event of default to the terms and conditions referenced herein, City hereby agrees to pay any and all collection costs, court costs and reasonable attorneys' fees that may be incurred in the collection and /or legal enforcement of payment. 13 0 Metro Pass Seller Agreement Page 5 City: City M f Stewart, City Manager B Glo of y Clerk By: Jo Monte , City Attorney Date: i � O'e 0 Los Angeles County Metropolitan Transportation Authori ( LACMT By: avid Sutton Title: Director Metro Commute Services DATE: Approved as to form for LACMTA by the Office of County Counsel March 2008 i EXHIBIT A TAP© CPOS LICENSE AND SERVICES AGREEMENT This TAP CPOS License and Services Agreement ( "Agreement') is entered into as of, April 25, 2009 by and between City of Rosemead ( "Licensee "), and the Los Angeles County Metropolitan Transportation Authority ( "Licensor "). RECITALS: A. Licensee and Licensor have entered into that certain Metro Pass Sellers Agreement whereby Licensee will sell Metro Passes, Stamps, Transit Access Pass (TAP) Cards and associated products on behalf of Licensor (the "Pass Sellers Agreement'). B. In order to sell the TAP Cards, Licensee must use a Compact Point Of Sales Device supplied by Licensor. The Compact Point Of Sales Device consists of and is defined hereunder to include all hardware, software, program documentation and any program updates supplied by Licensor necessary to sell the TAP Cards (collectively, "CPOS"). C. Licensor desires to license the CPOS to Licensee and Licensee desires to license the CPOS on the terns and conditions contained in this Agreement. AGREEMENT: 1. Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee and Licensee hereby accepts a non - exclusive, non - transferable, revocable license to use the CPOS provided by Licensor for the sole purpose of selling TAP Cards and associated products in accordance with the Pass Sellers Agreement. Licensee shall not use the CPOS for any purpose not specified in this Agreement. 2. Each CPOS device is loaded with one copy of the Software. Use of the CPOS is used solely for the sale of the TAP Card and associated products. The Software also has the capability to print sales reports and transaction history. 3. This License shall commence on the day Licensee receives the CPOS from Licensor and shall continue until such time Licensee no longer sells TAP Cards pursuant to the Pass Sellers Agreement. Upon termination of this Agreement, Licensee shall have no rights to use the CPOS. Licensor shall disable the CPOS to prevent Licensee from continued use of the CPOS after termination of this Agreement and Licensee shall return the CPOS on demand by Licensor. 0 0 TAP CPOS License and Services Agreement Page 2 4. Licensee hereby grants Licensor, or its agent, the right to perform audits to ensure Licensee's use of the CPOS complies with the terms of this Agreement. Such audits shall be conducted during normal business hours. Licensee shall cooperate with Licensor in any audit, and shall provide Licensor with all records reasonably related to Licensee's use of the CPOS. 5. Licensor retains all title to, ownership and intellectual property rights to the CPOS. No title to the CPOS is transferred hereunder to Licensee. 6. Licensee shall not : a. copy, reproduce, tamper or otherwise modify the CPOS or any associated software; b. sell, license, sublicense, disclose, distribute or otherwise transfer the CPOS, in whole or in part, or any associated software to any third party; C. remove or modify any program markings or any notice of Licensor's proprietary rights; d. make the programs or materials resulting from the CPOS available in any manner to any third party for use by a third party's business operations; e. modify, alter or change the CPOS, in whole or in part, or attempt to decode, reverse engineer or disassemble the CPOS and associated software; or f. disclose results of any program benchmark tests without Licensor's prior written consent. 7. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CPOS WILL PERFORM AS INDICATED OR THAT THE CPOS WILL BE SUITABLE FOR THE PURPOSES FOR WHICH IT IS PERMITTED TO BE USED UNDER THIS AGREEMENT. LICENSOR DOES NOT GUARANTEE THAT THE CPOS WILL PERFORM ERROR -FREE OR UNINTERRUPTED OR THAT LICENSOR WILL CORRECT ALL PROGRAM ERRORS. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY WAIVED. 8. Licensor shall, under no circumstance, be liable for special, incidental, exemplary or consequential damages suffered by Licensee, including, but not limited to loss of projects, anticipated revenue, interest, loss of use or other such claims arising from any causes whatsoever, whether or not such loss or damage is based on contract, warranty, tort (including negligence), indemnity or otherwise. • TAP CPOS License and Services Agreement Page 3 9. If Licensee breaches the terms of this Agreement and fails to correct the breach within 30 days after Licensor provides written notice, Licensor may terminate this Agreement. If Licensee is in default under this Agreement, Licensee shall not be authorized to use the CPOS and may be subject to civil and/or criminal action. 10. This Agreement and the Pass Sellers Agreement constitute the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing. Except for the Pass Sellers Agreement, This Agreement supersedes all prior or contemporaneous agreements or representations regarding such programs and/or services. 11. 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 remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12. Notices shall be in writing and shall be given to the parties at the address specified below, unless otherwise notified in writing of change of address. Licensor: LACMTA One Gateway Plaza Los Angeles, CA 90012, Attention: Edith Goff - Youngblood, Senior Customer Service Officer Licensee: City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 Attention: Jean Scott 13. Licensee may not assign this Agreement or give or transfer the CPOS, in whole or in part, to another individual or entity. 0 TAP CPOS License and Services Agreement Page 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives Licensor: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY B A Name:_ Sutto Title: Director Commute Services DATE Licensee: City Tlame: � ff Ri - - ,'Title; ' t , Mana .r By . Lo Name: al nr; a Mnl 1 aria Title: City Clerk DATE Approved as to form for L4CMTA by the Office of County Counsel March 2008 RECEIVED RTC CITY OF ROSEMEAD JAN 0 6 19d 9 1969 CITY CLERK'S OFFICE Ms. Janice Warner, City Clerk City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Dear Ms. Warner: SUBJECT: Contract No. 9568 (RTD Monthly Pass /Stamp Sales Agreement) Enclosed for your records, is one fully executed copy of subject contract. Please reference the Contract Number on all correspondence and invoices related to service hereunder. Should you have any questions regarding the above, please contact Mr. Paul Robinson, of our office, at (213) 237 -0234. Very truly yours, Paul L. Como, Director Office of Contracts, Procurement and Materiel by: Ri hard Carron Contract Administration Manager Enclosure Copy: E. A. Goff IVB297 /pk Southern California Rapid Transit District 470 Bauchet Street, P.O. Box 2108, Terminal Annex, Los Angeles, Ca 90051 (213) 237 -0270 !` L96 T N0. _ ,' • RECEIVED • CITY OF ROSEMEAD RTC JAN 91989 CITY CLERK'S OFFICE RTD MONTHLY PASS /STAMP SALES AGREEMENT This Agreement by and between the SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, 425 South Main Street, Los Angeles, California 90013 (DISTRICT), and CITY OF ROSEMEAD (CITY) RECITALS A. The Los Angeles County Transportation Commission ( LACTC) has allocated to City certain tax funds under Proposition A (Ordinance No. 16 of the LACTC dated August 20, 1980 and approved by the voters in November, 1980). B. City desires to utilize those funds to subsidize monthly pass fares for its ELDERLY AND HANDICAPPED residents who utilize District bus service. Therefore, in consideration of their mutual covenants the City and District agree as follows: 1. City may purchase monthly bus passes /stamps from a discounted price. ELDERLY AND HANDICAPPED District, at face value, for resale at 2. City shall render reports of District business and return to District all unsold passes /stamps by the 15th day of each month. District will credit City for all returned passes /stamps at face value. 3. Upon completion of accounting for actual sales in each month, District will invoice City for actual sales at face value per pass /stamp sold. Invoices will be payable 30 days after receipt. 4. City shall be responsible for all passes and stamps delivered to it and will indemnify and save harmless the District from loss, whether occasioned by theft, forgery or other similar or dissimilar causes. All losses of passes and stamps shall be calculated based on the face value thereof. 5. City shall permit the authorized representative of District, during reasonable hours to examine as to amount, passes and stamps and other property of the District and to inspect and audit all records and accounts pertaining to business of District. 6. City may re -sell District passes and stamps through City operated locations or City may establish one or more commissioned or noncommissioned monthly pass sales outlets within its City boundaries. The establishment of commissioned or noncommissioned outlets shall be subject to District review. City shall not use any established District sales outlets. Southern California Rapid Transit District 425 South Main Street, Los Angeles, California 90013 (213) 972 -6000 " RTD MONTHLY PASS /STAMP SALES AGREEMENT Page 2. 7. City shall sell only District issued RTD monthly passes and stamps and will not affix anything to or alter District forms, documents or materials in any manner. 8. Any refunds or adjustments of sales shall be made by District's Passenger Agent at 425 South Main Street, Los Angeles, California 90013. 9. City's authority is limited to the purposes and locations herein specified and City has no power to bind District by contract or otherwise, except as provided in this Agreement. 10. This Agreement may not be assigned or transferred by City without District's prior written consent. , 11. No amendment of this Agreement shall be effective unless made in writing and signed by both parties. 12. This Agreement shall become effective AUGUST 25, 1988 and shall continue until termination by either party upon 30 days and written notice to the other. In addition, any default in the accounts or remittances of City or in any of the provisions of this Agreement shall be sufficient cause for District to terminate this Agreement immediately providing City has failed to cure any default within 15 days after written notice from District to cure the default. 13. The District shall incur no liability to City by reason of any rerouting, rescheduling, discontinuance, or other changes in the bus or other transit services operated by the District. 14. It is agreed that the City may re -sell District passes and stamps through the following locations: Rosemead Community Recreation Center 3936 ; Muscatel.: Rosemead, California 91770 CITY: ITY OF ROSEMEAD SOUTHERN CALIFORNIA 1 1 9 goo RAPID TRANSIT DISTR T B J BY: Jr BOB BRUESCH Alan F. 469 General M ager TITLE: MAYOR BY: Xta ✓ 2� JANICE WARNER APPR VED AS'TO FO TITLE: CITY CLERK m Metro Los Angeles County Metropolitan Transportation Authority Metro Pass Seller Agreement This Metro Pass Seller Agreement (the "Agreement') is between the Los Angeles County Metropolitan Transportation Authority (LACMTA) AND City of Rosemead ( "City ") Location(s): Rosemead Community Center, 3939 Muscatel, Rosemead, CA. 91770 The Garvey Community Center, 9108 Garvey Avenue, Rosemead, CA. 91770 In consideration of the services to be rendered by City and the compensation to be paid therefore by LACMTA, the parties agree as follows: 1. A. City shall sell Metro paper passes (the "Metro Passes'), Metro paper stamps to be applied to the Metro Passes (the "Stamps'), Transit Access Pass ('TAP ") Cards and associated products for LACMTA at the location(s) listed above and at any other locations that may be agreed upon by the parties in writing and causes to be displayed at the City's expense on the premises such advertising matter as may be supplied by LACMTA, as long as such advertising matter does not conflict with the business interest of City. B. City understands and agrees that the loading and or sale of the TAP Card will require City to use a compact point of sales device ( "CPOS ") supplied by LACMTA to City. To receive the CPOS, City shall execute the TAP CPOS License and Services Agreement attached hereto as Exhibit A. If the CPOS is damaged, lost or stolen, City shall pay a replacement fee of $3,267 or more as determined by LACMTA (fee based on current market replacement cost for CPOS and other administrative costs). City shall distribute LACMTA and TAP brochures and promotional materials, to LACMTA customers at the location listed above and any other locations that may be agreed upon by the parties in writing, as long as such brochures and promotional materials do not conflict with the business interests of City. I u Metro Pass Seller Agreement Page 2 r1 u 2. City shall properly file and maintain all printed material, time schedules, folders, circulars and bulletins supplied by LACMTA and /or its agents and shall, to the best of its ability, furnish to the public complete and accurate information in accordance therewith and shall conform to all instructions and rules which may be issued by LACMTA and /or its agents. 3. City shall use LACMTA and TAP trademarks and logos in accordance with LACMTA graphic design guidelines on all forms of signs and display materials which mention LACMTA and /or TAP and to obtain prior approval from LACMTA and /or its representatives on all such materials before posting or displaying. 4. City may purchase any Metro pass /stamp or TAP cards from LACMTA at face value, for resale at a discounted price. 5. The relationship between City and LACMTA is not that of debtor and creditor, but trustee and beneficiary. All funds collected for the account of LACMTA and all funds derived from the sale of Metro Passes, Stamps, TAP Cards and associated products are the property of LACMTA. 6. City shall hold in trust for LACMTA any Metro fare media products, including, without limitation, Metro Passes, Stamps, TAP Cards, CPOS or other items supplied by LACMTA to City for use or sale. City shall keep proceeds of sales and any funds collected for account of LACMTA in trust, and shall remit the proceeds as provided in paragraph eight. City shall notify the TAP Service Center at 1- 866 - TAP -TO -GO immediately if the CPOS is found to be defective. 7. City shall mail to LACMTA completed report of Metro pass sales at the end of each pass sales period and return to LACMTA all unsold passes /stamps, except for TAP Cards, by the 15 day of each month. LACMTA will credit City for all returned passes /stamps at face value. Upon completion of accounting for actual sales in each month, LACMTA will invoice City for actual sales at face value per pass /stamp or product sold on TAP Cards. Invoices will be payable 30 days after receipt. 8. A. Failure to timely remit Metro Passes and Stamps sales reports and proceeds shall constitute a material breach of this Agreement and shall be grounds for immediate termination of this Agreement. LACMTA may, at its option, suspend distribution of Metro Passes and Stamps to City pending a 2 0 0 Metro Pass Seller Agreement Page 3 credit review of City by LACMTA and /or its designated agents, if City fails to timely remit Metro Passes and Stamps sales reports and proceeds. B. Additional TAP Card stock will not be delivered and CPOS TAP Card loading capabilities will be disabled until City has remitted to LACMTA all sales proceeds for the prior week's TAP Card and product sales. Upon request by LACMTA, City shall return all TAP card stock and CPOS device(s). Failure to timely remit TAP Card and associated product sales proceeds shall constitute a material breach of this Agreement and shall be grounds for immediate termination of this Agreement. If City fails at any time to timely remit TAP Card sales proceeds, LACMTA may, at its option, suspend City distribution of TAP Cards and City CPOS loading capabilities pending a credit review of City by LACMTA and /or its designated agents. 9. City shall be responsible for all Metro Passes, Stamps, TAP Cards and CPOS product loads, and other items for sale delivered to City by LACMTA and all money collected by City for LACMTA and will indemnify and save harmless the LACMTA from loss, whether occasioned by theft, forgery or other similar or dissimilar causes. All losses of Metro Passes /Stamps, TAP Cards and associated products, or other items for sale both physically and electronically shall be calculated based on the face value thereof, 10. City shall permit the authorized representative of LACMTA, during reasonable hours, to examine as to amount, Metro Passes /Stamps, TAP Cards and other property of the LACMTA, inclusive of LACMTA funds on hand, and to inspect and audit all records and accounts pertaining to business of LACMTA and the TAP program. 11. City shall contact the authorized representative of LACMTA for determination in all matters related to refunds or adjustments of sales on all Metro Passes and Stamps and shall contact the authorized representative of the TAP Service Center for determination in all matters related to refunds for adjustments of sales on all TAP cards, and associated products. 12. City is an independent contractor and not a beneficiary or employee of LACMTA within the meaning of any Worker's Compensation Law, or any law which would entitle City to benefits arising out of any State or Federal Unemployment or old age fund or similar law, or any right or privilege extended by LACMTA to its employees. City's authority is limited to the purpose herein specified and to said premises. City has no power to bind 3 0 0 Monthly Pass Seller Agreement Page 4 LACMTA, by contract or otherwise, except as herein provided as to the sale of transportation for persons or property. 13. A. City shall, at his own expense, procure and maintain in effect during the term hereof, public liability insurance with limits of not less than $50,000 on account of injuries to, or death of more than one person, and $150,000 on account of injuries to, or death of more than one person as the result of any accident or occurrence, and property damage insurance in the amount of $5,000. B. LACMTA shall be provided a Certificate of Insurance naming the LACMTA as an additional insured under such policy. LACMTA shall be given 15 days notice of the termination of such insurance. Such insurance shall protect and indemnify both City and LACMTA from any liability arising out of the occupancy and use of the facility by City. C. A lesser amount of insurance coverage or self- insurance by City may be agreed to by the parties in writing. 14. This Agreement may not be assigned or transferred by City. City will report, without delay, any change that may affect the City or its operation. In the event of transfer of City ownership interest, this Agreement shall terminate. In the event of death or disability of City, this Agreement shall terminate at the option of LACMTA. 15. No modification of this Agreement shall be effective unless made in writing and signed by both parties. 16. The terms of this Agreement shall be from month to month and may be terminated by either party without cause upon 30 days written notice. 17. No provision of this Agreement shall be construed to require LACMTA to continue to operate any bus service to or from the facility of City or elsewhere during the term of the Agreement, and it is expressly agreed that the LACMTA shall incur no liability to City by reason of any rerouting, rescheduling, discontinuance or other changes in bus or other transit services operated by LACMTA. 18. In the event of default to the terms and conditions referenced herein, City hereby agrees to pay any and all collection costs, court costs and reasonable attorneys' fees that may be incurred in the collection and /or legal enforcement of payment. 4 0 Metro Pass Seller Agreement Page 5 City: City By: ff Stewart, City Manager By: Glo of y Clerk By Jo Monte , City Attorney Date: 021 O� 0 Los Angeles County Metropolitan Transportation Authority ( LACMT By: avid Sutton Title: Director Metro Commute Services DATE: Approved as to form for LACMTA by the Office of County Counsel March 2008 • EXHIBIT A TAP© CPOS LICENSE AND SERVICES AGREEMENT This TAP CPOS License and Services Agreement ( "Agreement') is entered into as of, April 25, 2009 by and between City of Rosemead ( "Licensee "), and the Los Angeles County Metropolitan Transportation Authority ( "Licensor "). RECITALS: A. Licensee and Licensor have entered into that certain Metro Pass Sellers Agreement whereby Licensee will sell Metro Passes, Stamps, Transit Access Pass (TAP) Cards and associated products on behalf of Licensor (the "Pass Sellers Agreement'). B. In order to sell the TAP Cards, Licensee must use a Compact Point Of Sales Device supplied by Licensor. The Compact Point Of Sales Device consists of and is defined hereunder to include all hardware, software, program documentation and any program updates supplied by Licensor necessary to sell the TAP Cards (collectively, "CPOS"). C. Licensor desires to license the CPOS to Licensee and Licensee desires to license the CPOS on the terns and conditions contained in this Agreement. AGREEMENT: 1. Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee and Licensee hereby accepts a non - exclusive, non - transferable, revocable license to use the CPOS provided by Licensor for the sole purpose of selling TAP Cards and associated products in accordance with the Pass Sellers Agreement. Licensee shall not use the CPOS for any purpose not specified in this Agreement. 2. Each CPOS device is loaded with one copy of the Software. Use of the CPOS is used solely for the sale of the TAP Card and associated products. The Software also has the capability to print sales reports and transaction history. 3. This License shall commence on the day Licensee receives the CPOS from Licensor and shall continue until such time Licensee no longer sells TAP Cards pursuant to the Pass Sellers Agreement. Upon termination of this Agreement, Licensee shall have no rights to use the CPOS. Licensor shall disable the CPOS to prevent Licensee from continued use of the CPOS after termination of this Agreement and Licensee shall return the CPOS on demand by Licensor. 0 0 TAP CPOS License and Services Agreement Page 2 4. Licensee hereby grants Licensor, or its agent, the right to perform audits to ensure Licensee's use of the CPOS complies with the terms of this Agreement. Such audits shall be conducted during normal business hours. Licensee shall cooperate with Licensor in any audit, and shall provide Licensor with all records reasonably related to Licensee's use of the CPOS. 5. Licensor retains all title to, ownership and intellectual property rights to the CPOS. No title to the CPOS is transferred hereunder to Licensee. 6. Licensee shall not : a. copy, reproduce, tamper or otherwise modify the CPOS or any associated software; b. sell, license, sublicense, disclose, distribute or otherwise transfer the CPOS, in whole or in part, or any associated software to any third party; C. remove or modify any program markings or any notice of Licensor's proprietary rights; d. make the programs or materials resulting from the CPOS available in any manner to any third party for use by a third party's business operations; e. modify, alter or change the CPOS, in whole or in part, or attempt to decode, reverse engineer or disassemble the CPOS and associated software; or f. disclose results of any program benchmark tests without Licensor's prior written consent. 7. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CPOS WILL PERFORM AS INDICATED OR THAT THE CPOS WILL BE SUITABLE FOR THE PURPOSES FOR WHICH IT IS PERMITTED TO BE USED UNDER THIS AGREEMENT. LICENSOR DOES NOT GUARANTEE THAT THE CPOS WILL PERFORM ERROR -FREE OR UNINTERRUPTED OR THAT LICENSOR WILL CORRECT ALL PROGRAM ERRORS. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY WAIVED. 8. Licensor shall, under no circumstance, be liable for special, incidental, exemplary or consequential damages suffered by Licensee, including, but not limited to loss of projects, anticipated revenue, interest, loss of use or other such claims arising from any causes whatsoever, whether or not such loss or damage is based on contract, warranty, tort (including negligence), indemnity or otherwise. TAP CPOS License and Services Agreement Page 3 9. If Licensee breaches the terms of this Agreement and fails to correct the breach within 30 days after Licensor provides written notice, Licensor may terminate this Agreement. If Licensee is in default under this Agreement, Licensee shall not be authorized to use the CPOS and may be subject to civil and/or criminal action. 10. This Agreement and the Pass Sellers Agreement constitute the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing. Except for the Pass Sellers Agreement, This Agreement supersedes all prior or contemporaneous agreements or representations regarding such programs and/or services. 11. 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 remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12. Notices shall be in writing and shall be given to the parties at the address specified below, unless otherwise notified in writing of change of address. Licensor: LACMTA One Gateway Plaza Los Angeles, CA 90012, Attention: Edith Goff - Youngblood, Senior Customer Service Officer Licensee: City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 Attention: Jean Scott 13. Licensee may not assign this Agreement or give or transfer the CPOS, in whole or in part, to another individual or entity. w 0 TAP CPOS License and Services Agreement Page 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives Licensor: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: b <� Name: David Sutto Title: Director Commute Services DATE 2W f7 Licensee: DATE Approved as to form for LACMTA by the Office of County Counsel March 2008 Name: G1 nri a Mnl 1 aria Title: City Clerk Los Angeles County QD o- Metropolitan Transportation Authority Metr June 3, 2009 Mr. Chris Marcarello Deputy Public Works Director City of Rosemead 8838 E. Valley Boulevard P.O. Box 399 Rosemead, CA 91770 Dear Mr. Marcarello: n LJ One Gateway Plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro.net Attached for your files is one original copy of the Agreement between Metro and the City of Rosemead regarding the relocation of bus shelters in the City of Rosemead. Please submit all requests for reimbursement to my attention. The agreement has been approved and signed by Ms. Carol Inge, Chief Planning Officer, for Mr. Arthur T. Leahy, Chief Executive Officer. Should you have any questions, please phone me at (213) 922 -3050. Sincerely, Larry Torres Transportation Planning Manager Metro (213) 922 -3050 • 0 AGREEMENT -- FOR THE RELOCATION OF BUS SHELTERS IN THE CITY OF ROSEMEAD This Agreement for the Relocation of Bus Shelters in the City of Rosemead (the "Agreement") is entered into as of March 20, 2009 by and between the Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") and the City of Rosemead ( "CITY'). RECITALS: A. In December 2007, the LACMTA implemented new Metro Rapid Line 770 (Garvey - Chavez), which serves the City of Rosemead via Garvey Avenue. B. With the implementation of new Metro Rapid Line 770, a number of LACMTA bus shelters were relocated from nearside of the intersection to farside of the intersection, causing some existing CITY bus shelters to become unused. C. The LACMTA is willing to reimburse the CITY for eligible labor expenses to relocate two CITY owned bus shelters: one bus shelter is currently located on the northeast corner of Garvey Avenue and Del Mar Avenue and the second bus shelter is located at the southwest corner of Garvey Avenue and San Gabriel Boulevard (the "CITY Shelters "). The City Shelters became unused when LACMTA implemented new Metro Rapid Line 770. D. The CITY has requested that the CITY Shelters be relocated to the new LACMTA bus shelter locations at the northwest corner of Garvey Avenue and Del Mar Avenue and the southeast corner of Garvey Avenue and San Gabriel Boulevard (the 'Relocated Stop Locations "). E. LACMTA and the CITY desire to enter into this Agreement in order for the CITY to be reimbursed for the relocation of the CITY Shelters. NOW, THEREFORE, the parties hereby agree as follows: 1. SCOPE OF SERVICES CITY shall contract with a private contractor to move the CITY Shelters to the Relocated Stop Locations (the "Project') as shown in the attached auto cad drawings, which are included as Attachment A to this Agreement. 2. PAYMENT a. CITY will be reimbursed a maximum of $4,000 as full compensation for satisfactorily relocating the CITY Shelters. Disbursements, with approval from LACMTA, shall be on a reimbursement basis. This sum includes payment for labor, taxes, insurance, and fringe benefits, as well as indirect costs, overhead and profit allowance, materials and supplies. b. In no event shall the total compensation for all services provided under this Agreement exceed $4,000. CITY will bill LACMTA for services rendered, and payment will be made within thirty (30) days of receipt of an acceptable invoice, approved by the LACMTA Project Manager or a designated representative. All invoices must be made in writing, adequately supported with appropriate documentation, as requested by the LACMTA, and delivered or mailed to the LACMTA as follows: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Larry Torres, Project Manager Mail Stop 99 -23 -1 3. REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS. LACMTA, and /or its designee, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits; interim audits; pre -award audits and performance audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). CITY'S records shall include, without limitation, accounting records, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by the LACMTA to substantiate charges related to the Project (all collectively referred to as "records ") shall be open to inspection and subject to audit and reproduction by the LACMTA auditors or authorized representatives to the extent necessary to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4. TERM Relocation services under this Agreement shall begin on March 20, 2009 and shall be completed by December 31, 2009 unless this Agreement is terminated earlier by the LACMTA as provided below. 5. TERMINATION The LACMTA may, by written notice to CITY, terminate this Agreement in whole or in part at any time, either for the LACMTA's convenience or because of the failure of the CITY to fulfill its contractual obligations. Upon receipt of such notice, the CITY shall: (i) immediately terminate all services and (ii) deliver to the LACMTA all data, drawings, specifications, reports, estimates, summaries and such other information and material as 0 0 may have been prepared or developed by the CITY in performance under this Agreement. If this Agreement is terminated, CITY shall be paid for its reasonable cost up to the maximum amount of $4,000, including contract closeout costs, and on work performed up to the time of termination. 6. MISCELLANEOUS a. Any amendment to this Agreement must be in writing and signed by both the CITY and the LACMTA. b. In performing services under this Agreement, CITY will be acting as an independent contractor and not as an agent or employee of the LACMTA. CITY will have no authority to contract in the name of the LACMTA and CITY will be responsible for its own acts and those of its agents and employees. c. CITY shall indemnify the LACMTA, its officers, agents and employees from all liability, damages and expenses resulting from CITY's acts or omissions and that of its agents, employees or subcontractors in the performance of its services and CITY agrees to defend at its expense all legal proceedings brought against the LACMTA as a consequence of CITY'S services and to pay any resulting judgments. d. In connection with the performance of services provided for under this Agreement, CITY agrees that it will not, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, or age, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws. e. CITY will not assign or subcontract any part of this Agreement without the prior consent of the LACMTA, and any attempt to do so will be void and unenforceable. f. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. g. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: 0 0 LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: Robert E. Kalunian CITY OF City Manager APPROVED AS TO FORM (OPTIONAL): Date: ep -.2 - & 11 7 Date: I I -b Date: m Acting County Counsel 0 ATTACHMENT A 0 AUTOCAD BUS STOP DRAWINGS GARVEY -DEL MAR AND GARVEY -SAN GABRIEL 1 0 4 YI CL r p a N Es N (D O G. O Q co W CR E co r I m r c c? m � N 1 4 0 0 ay ` � t -� � u 3 - m g r m G) d N p ^ r 1 fY p O CL CD ° (D a�� $ c a "Z � L W 7 7 . g r m G) d N