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HomeMy WebLinkAboutItem 2a: Agreement with Metro Gold Line for Design and Construction of Santa Anita Grade Separation 4 �F F O� C . q� r :- Pl .. 1 '7 440nity °tom STAFF REPORT Development Services Department DATE: February 1, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director K Philip A. Wray, Deputy Director of Development Services /City Engineer SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE METRO GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY FOR THE DESIGN AND CONSTRUCTION OF THE CITY OF ARCADIA SANTA ANITA GRADE SEPARATION Recommendation: Approve SUMMARY In 2006, the voters of Arcadia voted to assess themselves to help fund a grade separation of the Gold Line Foothill Extension Rail Line over Santa Anita Avenue. The City worked closely with the Metro Gold Line Foothill Extension Construction Authority (Authority) to determine an acceptable architectural design. On April 6, 2010, the City Council approved the design and directed staff to proceed to finalize the cost estimate and a design and construction agreement with the Authority. The Authority determined the City's share of the Santa Anita Grade Separation cost to be $11,974,254 and the estimate has been reviewed and approved by City representatives. The Authority has prepared an agreement for the design and the construction of the bridge. Staff recommends the approval of the agreement. BACKGROUND In April of 2006, the voters of Arcadia approved City Measure A to assess themselves to fund $8 million of the cost for a grade separation of the Gold Line Foothill Extension Rail Line over Santa Anita Avenue. The City proposed a total of $5 million from the City's Proposition A and C reserve to reach the total estimated cost of $13 million. In 2009, staff began the process of scoping the grade separation and preparing a conceptual architectural design. Staff worked closely with the Authority to prepare the necessary design details so that the details could be included in the request for proposals Staff Report February 1, 2011 Page 2 for the Gold Line Main Alignment design /build services. The City Council held several study sessions and regular meeting discussions to provide input and review design options, and on April 6, 2010 the City Council approved the final architectural design concept. The design concept and the rendering are attached. The bridge will be a concrete structure with art deco features on the columns and abutments and an arched barrier across the top. The ramped approaches on both sides of the bridge will be of earth fill supported by vertical retaining walls. In order to minimize the rise and fall of the tracks over the existing grade, the 4 -foot rise in Santa Anita Avenue at the railroad tracks must be removed and the street grade leveled for a length of approximately 280 feet in each direction. DISCUSSION The City is required to pay for all elements of the grade separation over and above the normal rail line that would otherwise cross Santa Anita Avenue at grade. In addition, the City is entitled to receive a credit for all warning devices, signals and gates that would be required for an at -grade crossing. Both parties agreed that a cost estimate should be prepared by the Authority's consultant and reviewed and approved by both parties. The cost estimate would then be the basis of the cost shares. In May of 2010, the Authority prepared an initial cost estimate of the City's share of the grade separation at $13,499,480. The City proceeded to retain the services of the IBI Group to perform a thorough review of the Authority's estimate and on June 23, 2010, staff presented to the City Council the initial cost estimate and the comments from the IBI Group. After several iterations of review, comment, and revisions, an agreement has been reached with the Authority at a final share of $11,974,254, a difference of over $1.5 million. The Authority has prepared a letter agreement to be executed by both the City of Arcadia and the Authority Board. This agreement covers the design and construction of the grade separation and calls for a subsequent agreement to be entered into between the City and the MTA for the maintenance responsibilities. FISCAL IMPACT In 2006, with the passing of City Measure A, the total amount designated for the Santa Anita Grade Separation was $13 million, with $8 million coming from the Measure and $5 million from the City's Proposition A and C reserves. As of the beginning of this fiscal year, the City's reserve fund has grown to $6,282,372, bringing the total available funding to $14,282,372. The agreement establishes a grade separation cost to the City of $11,974,254 and requires a $500,000 contingency to be placed on deposit with the Authority to be used for Staff Report February 1, 2011 Page 3 potential extra work caused by unforeseen conditions. This brings the total cost to the City to $12,474,254. Comparing the total cost to the available funding, the net result is a surplus balance of $1,808,118. Because the funds will not be required to be transferred to the Authority until later this year, the surplus will grow due to interest growth on the City's reserve funds. It should also be noted that each City along the Phase (1 or 2) alignment that has a station will be required to provide a $1 million contribution, which can include in -kind contributions. Staff will be and has been tracking our time on this project, but for budgeting purposes, we will assume a $1 million cash contribution. Staff will also be meeting with our financial consultants to prepare the general obligation bond financing for the $8 million. RECOMMENDATION Authorize the City Manager to execute an Agreement with the Metro Gold Line Foothill Extension Construction Authority for the design and construction of the City of Arcadia Santa Anita Grade Separation. Approved: Donald Penman, City Manager J K: PAW:pa Attachments Metro Gold Line Foothill Extension Construdion Authority M £ ` ' 406 E. Huntington Drive, Suite 202 Monrovia, CA 91016 -3633 L I N E 626 -471 -9050 ph 62& 471 9049 fx F O O T H I L L E X T E N S I O N wxW n o rg BLCA -ARC- 078 c4I bin a January _ , 2011 City Of Pikadeili Mr. Donald Penman Sam P.droz City Manager !" Vita Chair Y Council Member, City of Arcadia City of Claremont Appointee Of 240 West Huntington Drive San Gabriel Valley Arcadia, California 91066 Council of Governments RE: City of Arcadia Santa Anita Grade Separation Agreement Ed P. Reyes 2 Vice Chair Council Member, City of Los Angeles Appointee of Dear Mr. Penman: City of Los Angeles Keith Hanks This letter serves as an agreement between the Metro Gold Line Foothill Member Extension Construction Authority (Authority) and the City of Arcadia (City) for the Council Member, design and construction of the Santa Anita Avenue Grade Separation City of Azusa Appointee of (Overpass). It is the intent of this agreement that the items set forth below City of South establish the responsibilities of each party. In general terms, the Authority shall Pasadena P P Y 9 Y be responsible for the design, construction and administration of the Overpass John Fasana and the City shall be responsible to pay all costs associated with the Overpass. Member Council Member City of Duarte The existing track crossing at the intersection of Santa Anita Avenue and Metro Appointee of Los Angeles County Gold Line Foothill Extension's Right -of -Way is at- grade. It is the City's desire to Metropolitan up -grade this intersection to a grade separated crossing, as part of the Metro Transportation Authority Gold Line Foothill Extension project. In 2006 the voters of the City of Arcadia passed Bond Measure A to help pay for the grade separation. The dual -track Bill Bogaard profile just east of the LRT /Colorado Blvd overpass and crest Member, Non - Voting p ile will start to climb j p Mayor, on the Overpass. The structure is required to have a 15 foot vertical clearance City of Pasadena a bove Santa Anita Avenue. The profile will descend back to existing grade just Appointee, city of P g g 1 Pasadena west of the intersection of Santa Clara and First Avenue. For purposes of this agreement, the term "Overpass" refers to a bridge structure with abutments, Lara Larramendi Member, Non- Voting approach retaining walls, excavation /backfill, utility rearrangements, required Gubernatorial improvements to support the bridge structure, and any enhancements Appointee authorized by the City pursuant to paragraph 3 below. Daniel M. Evans Member, Non- Voting By this letter of agreement, the parties intend the following: City of Y 9 P South Pasadena Appointee, can of South Pasadena 1. The Authority has provided the City with a cost estimate for a baseline overpass. "Baseline" is defined as a functional bridge structure with: abutments, approach retaining walls, Executive Officer: Habib F. Balian Chief Executive Officer Mr. Donald Penman January _, 2011 Page 2 excavation /backfill, utility rearrangements, and required improvements to support the overpass. 2. The Authority, based on a City supplied rendering that includes enhancements to the aesthetic treatments of the baseline structure, has provided to the City a cost estimate for those treatments. 3. The City has determined which enhancements are to be included in the design and construction, and approved the additional cost associated with the enhancements. 4. The City and Authority have agreed on a cost for the Overpass, with enhancements. That cost estimate includes a credit to the City for the reasonably estimated cost of at -grade crossing improvements that would have been required without a grade separation, but not required with the Overpass. 5. The City also desires to change the profile of Santa Anita Avenue during the design and construction of the Overpass. The Authority has provided a conceptual plan, profile and cost estimate for the revised roadway. 6. The agreed upon Overpass and enhancements, and the change in profile of Santa Anita Avenue, are referred to herein as the "City Requested Improvements." 7. The cost estimates identified above include costs for: design, construction, contingencies, Authority's project management and contract administration and necessary supporting improvements. 8. City shall pay the Authority the cost for the City Requested Improvements, minus the at -grade crossing improvement credits. The amount to be paid by the City to the Authority is: $ 11,974,254 (City Contribution "). 9. Additionally, a sum of $ 500,000 shall be provided to the Authority by the City, to be held in reserve ( "Contingency Reserve "), to pay for any claims from the design -build contractor due to unforeseen conditions during construction. a. The Authority shall place the Contingency Reserve in an interest bearing account, and all interest applicable thereto shall be credited to the City. Any amount left in the Contingency Reserve after the contract has been closed -out will be promptly returned to the City. The Authority shall provide the City at least 10 days written notice prior to paying any claim arising from any unforeseen condition, and shall consider any comments received from the City during that period. Mr. Donald Penman January _, 2011 Page 3 b. If, during construction, the Contingency Reserve has insufficient funds to cover unforeseen conditions, the City shall provide additional funds to cover any and all shortfalls. Notwithstanding the preceding sentence, any claims arising from unforeseen conditions that exceed the initial $ 500,000 deposit into the Contingency Reserve shall be subject to review and approval by both the City and the Authority; City shall have no obligation to deposit additional funds into the Contingency Reserve unless both parties have approved payment of the claim or claims (which approval shall not unreasonably be withheld). 10. If the City elects to modify the Overpass and /or Santa Anita Avenue profile after the date 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). In addition, the City shall deliver to the Authority an additional sum equal to 5% of the total cost of the modification, for deposit into the Contingency Reserve. 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, and the City has made the required deposit into the Contingency Reserve. 11. Payment of the City Contribution by the City to the Authority shall be as follows: a. The first payment, in the amount of One Million Dollars, together with the amount for the Contingency Reserve specified in paragraph 9 (and paragraph 10, if applicable) shall be due thirty (30) days after the Authority notifies the City in writing that the Authority has issued its Notice to Proceed under the Authority's Design -Build Contract (C- 1135). b. Thereafter, 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. c. All interest (if any) applicable to funds paid by the City to Authority pursuant to this agreement shall be credited to the Mr. Donald Penman January _, 2011 Page 4 City. All funds paid by the City to Authority pursuant to this agreement shall be used solely to pay for the City Requested Improvements, including but not limited to the costs identified in paragraph 7 of this agreement. 12. In consideration for the City contribution and other obligations of the City under this agreement, the Authority shall obtain authorization from the Los Angeles County Metropolitan Transportation Authority ( "MTA ") to, and shall, grant to the City a non exclusive easement (in perpetuity) for public street purposes on and under that portion of the track crossing on which the Overpass is constructed. 13. During the period during which the Authority holds title to the Overpass and related property, the Authority shall have the responsibility, at its sole cost and expense, to repair, maintain, reconstruct, and replace the Overpass. 14. The Authority shall cause the MTA to enter into a maintenance agreement, whereby the MTA, for the period after title to the Overpass and related property is conveyed by the Authority to the MTA, shall: a. Have the responsibility, at its sole cost and expense, to repair, maintain, reconstruct, and replace the Overpass; and b. Grant to the City a right of entry onto the property interests owned by the MTA adjacent to the City's easement for purposes of the City removing graffiti and keeping the abutments and center support (within the right of way) in a neat and clean condition. 15. 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 Overpass and modification of the Santa Anita Avenue profile, 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. Mr. Donald Penman January _, 2011 Page 5 Sincerely, Habib F. Balian Chief Executive Officer AGREED: Metro Gold Line Foothill City of Arcadia Construction Authority By: By: Title: Title: Date: Date: a Kg 0 1 r- Q U V= J — iiijl LI_ r 0 O Q t. 0 0 = a 0 0 a — 'a 1 : ., I- o S ft .- w Z w Q O ■- z o Q o a I Q cu El Q a U) O Q ° a 4 z c 1 U 0 El 0) Q o • r Q CD o 0 - N 0 g a I 9 P e D o a 0 a F- O ' 4, > l o 12 61 CZ i c o CO c R 1 - (n J 7 0., to • / 11. 4-1 . . l'q ' •4', 110111/1. f . ' ,.. ; 1 ' ,,. ..,..t ,,.. LI ... a ..„. , ! .. . .....,,, ..... . .. .•,, i , II • . ... 4 • . . . . V t 1 • '-i 1 4 4 11 ■ .. - , t , . I sr . . . , ,..„,..„ ,,. 4.b ..... • .,„„•,.. . . . .., .,....,,, .•• ., • .,,,, . 4 1 . [ , t t , \ , ". • . It' ,,,' •,, . #tt ........— —nit .. st.. .'" 1 . , .$ • — .