HomeMy WebLinkAboutC-2758;ity of Duarte
appointee of
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3ill Bogaard
flember, Non - Voting
Aayor,
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Kecutive Officer:
bib F. Balian
lief Executive Officer
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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