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HomeMy WebLinkAboutC-2643Daniel M. Evans Member, Non-Voting City Of South Pasadena Appointee, City of South Pasadena Executive Officer: Habib F. Balian Chief Executive Officer I1do--20 G- )16083 July 1, 2011 Mr. Donald Penman City Manager City of Arcadia 240 West Huntington Drive Arcadia, California 91007 RE: City of Arcadia Betterments Agreement Dear Mr. Penman: Metro Gold Line Foothill Extension Construction Authority 406 E. Huntington Drive, Suite 202 Monrovia, CA 91016 -3633 626- 471 -9050 ph 626 - 471 -9049 fx www.foothillextension.org BLCA- ARC -098 This letter serves as an agreement between the Metro Gold Line Foothill Extension Construction Authority (Authority) and the City of Arcadia (City) for various Betterment items requested by the City. The term "Betterment" as referred to in this agreement is defined by the Master Cooperative Agreement between the City and the Authority dated January 15, 2008 (MCA). The parties intend by this agreement to implement Section 6.0 of the MCA by addressing the completion of certain Betterments by the Authority, and payment by the City for those Betterments. Plans for the Colorado Boulevard Railroad Bridge in Arcadia contemplate removal of the existing bridge and abutments due to inadequate structural condition, and its replacement with one (1) new bridge to accommodate both tracks. The City desires to upgrade this bridge structure by lengthening it to allow a sidewalk under the bridge, which would call for an extension of the bridge by approximately seven (7) feet. The City has also requested various Betterments for the Arcadia Station, including permanent decorative fencing and benches. A complete list of the Betterments that are the subject of this agreement is attached to this agreement as Exhibit A and incorporated herein by this reference. The agreed upon Betterments are referred to herein as the "City Requested Improvements." By this letter of agreement, the parties intend the following: 1. The City and Authority have agreed on a cost for the City Requested Improvements including all applicable credits, of $265,948, inclusive of costs for design, construction, contingencies, Authority's project management and contract administration. 2. If the City elects to modify the City Requested Improvements after the date Mr. Donald Penman July 1, 2011 Page 2 of this agreement in such a way as to increase the cost above the amount identified herein, the cost associated with the modification, as determined by the Authority and reasonably agreed upon by the City, shall be borne by the City, including the additional cost for Authority project management and contract administration (which amount shall not exceed 5% of the total cost without prior written approval by the City). The Authority shall have no obligation to cause completion of the modification requested by the City unless the City and the Authority reach agreement on the associated cost. 3. In the time and manner set forth hereafter, City shall pay the Authority the $265,948 cost for the City Requested Improvements, together with any increased costs for modifications agreed upon pursuant to Paragraph 2. The Authority shall submit to the City that portion of the design -build contractor's monthly invoice associated with the design and construction of the City Requested Improvements (payment request) within two (2) working days after receipt. The payment request shall be accompanied by copies of whatever verification Authority obtains that the work for which the invoice was submitted has been completed. The City shall provide payment within 20 working days of receipt of the payment request. The Authority shall have no obligation to cause completion of the City Requested Improvements if the City fails to timely pay the invoices submitted by the Authority. 4. The parties acknowledge and agree that time is of the essence in this agreement, and that any delays may result in an increase in the cost of completion of the Betterments, and potentially an increase in the cost of the Metro Gold Line Foothill Extension project. The parties agree to provide all comments and approvals authorized by this agreement timely and expeditiously and further agree that no approval required by this agreement shall be unreasonably withheld. Any dispute between the parties concerning this agreement, shall be resolved by mutual agreement of the Authority's Chief Executive Officer, or his /her designee and the City of Arcadia City Manager, or his /her designee. If you are in agreement with the above, please execute this letter where indicated below and return it to me. For your convenience, a duplicate original is enclosed. Sincerely, Habib F. Balian Chief Executive Officer AGREED: City of Arcadia By: Title Date Mr. Donald Penman July 1, 2011 Page 3 Metro Gold Line Foothill Construction Authority By: C; Ma.►4�v Title: 7���tr Date: 1 11 TRANSMITTAL SHEET METRO GOLD LINE FOOTHILL EXTENSION FISCEIVED CITY F ARCADIA JUL U 0 2011 CITY MANAGER City of Arcadia TO: 240 West Huntington Drive Arcadia, California 91007 ATTENTION: Mr. Donald Penman, City Manager REFERENCE: SUBJECT: City of Arcadia Betterments Agreement DOCUMENT(S) TRANSMITTED: ITEM DATE DATE: 7/1/2011 LETTER OF • FROM: Christopher T. Burner TRANSMITTAL G • L D AUTH. No: BLCA- ARC -098 City of Arcadia Betterments Agreement F— FILE CODE: City of Arcadia TO: 240 West Huntington Drive Arcadia, California 91007 ATTENTION: Mr. Donald Penman, City Manager REFERENCE: SUBJECT: City of Arcadia Betterments Agreement DOCUMENT(S) TRANSMITTED: ITEM DATE DWG / DOC # REV # DESCRIPTION 2 7/1/2011 BLCA- ARC -098 Record Only City of Arcadia Betterments Agreement F— Other: Comments: Please sign the two (2) enclosed Agreements and return one (1) original to Christopher T. Burner at the Metro Gold Line Foothill Extension office: 406 E. Huntington Drive, Suite 202 Monrovia, CA 91016 One copy may be retained for your records. 1 F Response Needed 2 r Signature Request 3 F For Record Only 4 F— Other: Items to be sent via: Email FTP site Hand Delivery UPS Express Mail Courier SIGNED: J2 bqv/ ' Christopher T. Burner, PE Chief Project Offic Metro Gold Line 406 E. Huntington Dr. Ste 202 Foothill Extension Monrovia, CA 91016 Construction Authority 626 - 305 -7000 Transmittal Printed: 7/1/2011