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