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HomeMy WebLinkAboutC-2758;ity of Duarte appointee of cs Angeles County ' vletropolitan Transportation authority 3ill Bogaard flember, Non - Voting Aayor, Jty of Pasadena , ppointee, City of 'asadena ara Larramendi lernber, Non - Voting ubernatorial ppointee aniel M. Evans ember, Non - Voting ity of xith Pasadena )poi ntee, City of xith Pasadena Kecutive Officer: bib F. Balian lief Executive Officer -1 `\Qo - October 19, 2012 Dominic Lazzaretto City Manager City of Arcadia 240 West Huntington Drive Arcadia, California 91066 RE: Enhancement/Betterment Agreement Dear M La l& Metro Gold Line Foothill Extension Construction Authority 406 E Huntington Dim-, Suite_ICO Itlonrovia, CA 91016-3633 626 - 4719050 ph BLCA- ARC -119 626471 -9049 h: w wwfoothillextension.org 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. The term "Betterment" as referred to in this agreement is defined by the Cooperative Agreement between the City and the Authority dated January 15, 2008 (CA). The parties intend by this agreement to implement Section 6.0 of the CA by addressing the completion of certain Betterments by the Authority, and payment by the City for a portion of those Betterments. The Authority has received a grant from the federal government to fund certain enhancements to the project's intermodal parking facilities that were identified in the August 26, 2011 bus interface plan. The grant requires a local match of 20 %, which will be funded by the City. A list of the Betterments has been attached for reference as Exhibit A. The agreed upon Betterments are also referred to herein as the "City Enhancements" By this letter of agreement, the parties intend the following: 1. The City and Authority have agreed on a cost for the City's portion of the City Enhancements, at $1,225,500, resulting in a City 20% match of $245,100, inclusive of costs for design, construction, contingencies, Authority's project management and contract administration. 2. The City and Authority have also agreed on a cost for additional City Betterments, in excessive of the grant, at the Transit Plaza. The City will pay the $347,200.00, inclusive of costs for design, construction, contingencies, Authority's project management and contract administration, for the additional City Betterments. October 18, 2012 Page 2 3. If the City elects to modify the City Enhancements after the execution of this agreement, in such a way as to increase the cost above the amount identified in Paragraph 1 and 2. The total cost increase, as determined by the Authority, associated with the modification, shall be borne 100% by the City. Additionally, an Authority project management and contract administration fee (which amount shall not exceed 5% of the total cost without prior written approval by the City), shall be applied to the cost increase. The Authority shall have no obligation to work on the modification requested by the City unless the City and the Authority reach agreement on the associated cost. 4. In the time and manner set forth hereafter, the City shall pay the Authority the cost for the City Enhancements set forth in Paragraph 1 and 2, together with any increased costs for modifications agreed upon pursuant to Paragraph 3. The City shall provide payment in two installments: 50% when construction begins on the City Enhancement, and 50% upon construction completion of the City Enhancements. The City shall provide payment within 20 working days of receipt of the payment request from the Authority. The Authority shall have no obligation to continue work on the City Enhancements if the City fails to pay the initial invoice submitted by the Authority in accordance with this paragraph. 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. The City shall pay for any increased cost caused by a City delay. 6. 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 a dispute cannot be resolved by mutual agreement, the dispute shall be processed pursuant to the procedure provided in Article 5 — Dispute Resolution of the CA. 7. This Agreement represents implementation of Section 6 of the CA, and all provisions of CA remain in effect and binding on the parties. October 18, 2012 Page 3 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 City of Arcadia By: Title: City Manager Date: October 25, 2012 CONCUR: By: -J'ason Krpfteberg Assistant Citv Manag -K Development Services Director Date: October 25, 2012 GOLD LINE FOOTHILL EXTENSION CITY OF ARCADIA — INTERMODAL ENHANCEMENTS /a1:ZfT1R71 -1\li•ii;1 -.11 ! ► . e ► ►� ► " Bus Pads (5) ® Bus Shelters w /bench (3) 0 Benches at Bus stop (3) ® Pedestrian Lights on north side of Santa Clara Ave from Parking Facility to Station Entrance (9) ® Trash Receptacles at Bus stops (4) • Street Trees (4) ® Tree grates (4) ® Metal awning along south facade of Parking Facility • 8' Sidewalk on west perimeter of Parking Facility from Front St. to Santa Clara Ave ® Enhanced Crosswalks at 1st and Santa Clara (4) ® Transit Plaza • Site work • Hardscape • Landscape & Irrigation • Lighting and Electrical • Site Furniture • Signage Total Value of Enhancements: $1,225,500 City Match (20%): $ 245,100 ARCADIA TRANSIT PLAZA BETTERMENTS • Water feature • Pedestrian Lights • Site work • Hardscape • Lighting and Electrical • Site Furniture • Signage Total Value of Betterments: $ 347,200.00