COMPLETED BOARD ORDER"�|E���50
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No.: A-10489
Approve and authorize the Chair to sign Amendment
No. 3 to Agreement No. A-10489 between the
Redevelopment Agency and the County of Monterey for
implementation of the Hyland Drive/El Rancho Way
Street and Storm Drain Improvement Project in the
community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and
construction of the project by $394,273 for a total
project cost not to exceed $3,190,127.
Upon motion of Supervisor Armenta, seconded by Supervisor Potter, and carried by those
members present, the Board of Supervisors hereby:
Approved and authorized the Chair to sign Amendment No. 3 to Agreement No. A- 10489
between the Redevelopment Agency and the County of Monterey for implementation of
the Hyland Drive/El Rancho Way Street and Storm Drain Improvement Project in the
community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and construction of the project by $394,273
for a total project cost not to exceed $3,190,127.
PASSED AND ADOPTED this 11th day of January 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 21, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: January 11. 2011 Consent AGENDA NO.: 50
SUBJECT: Approve and authorize the Chair to sign Amendment No. 3 to Agreement No.
A-10489 between the Redevelopment Agency and the County of Monterey for
implementation of the Hyland Drive/El Rancho Way Street and Storm Drain
Improvement Project in the community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and construction of the project by
$394,273 for a total project cost not to exceed $3,190.127.
DEPARTMENT: RMA Redevelopment & Housing Office
RECOMMENDATION:
It is recommended that the Board of Supervisors of the County of Monterey approve and
authorize the Chair to sign Amendment No. 3 to Agreement No. A-10489 between the
Redevelopment Agency and the County of Monterey for implementation of the Hyland Drive/El
Rancho Way Street and Storm Drain Improvement Project in the community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and construction of the project by $394,273 for a
total project cost not to exceed $3,190,127.
SUMMARY:
The recommended action will extend the term of the agreement and reduce the funding
committed by the Redevelopment Agency for the Boronda Storm Drain Project.
DISCUSSION:
On September 12, 2000, the Board of Supervisors approved the Boronda Redevelopment Area
Storm Drain Master Plan to address storm drain deficiencies on County roads in the community.
The Master Plan lists the Hyland Drive and El Rancho Way Project Project) as a priority for the
community. The Project includes installation of curb, gutter, sidewalk, storm drain lines and
inlets and reconstruction of the street pavement. The improvements will reduce localized
flooding in the Boronda Redevelopment Project Area and provide sidewalks for pedestrians and
school children thereby eliminating blighting conditions in the Redevelopment Project Area.
On June 20, 2006, the Board approved Agreement No. A-10489 to design the Project for the
amount of $296,008. As part of that approval process, the Board of Supervisors made the
following findings in compliance with Health & Safety Code 33345:
1) The building, facilities, structure or other improvements are of benefit to the Project Area;
2) No other reasonable means of financing the improvements are available to the community;
and
3) The cost of acquiring the land or the cost of improvements will assist in the elimination of
one or more blighting conditions.
The conditions which supported the findings have not changed since original approval of the
Agreement. In fact, the recent economic downturn, including increased unemployment and
deflation of residential property values, has served to intensify the need for Redevelopment
Agency assistance to finance the improvements.
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SIGNED BOARD REPORT"�|E���On February 13, 2007, the Board approved Amendment No. I to the Agreement to provide up to
$1,603,992 in financial assistance for the Project, for a total amount of $1,900,000, to provide
bidding, construction, and construction management services, and to extend the term of the
Agreement to December 31, 2008.
On June 16, 2009 the Board approved Amendment No. 2 to the Agreement to provide increased
financing in the amount of $1,684,400 for design and construction for a total Project cost not to
exceed $3,584,400, and to extend the term of the Agreement to December 31, 2012.
The recommended action will:
Reaffirm the cooperation of both the County and Agency to complete the Project;
Provide that the County Redevelopment and Housing Office will manage the final permit and
right-of-way acquisition, bidding, and construction of the Project. This will include:
selecting and managing consultants for construction management, geotechnical testing,
construction staking, and design services during construction; advertising for bids; opening
and review of bids; recommendation for award of contract; management of construction
contract; and utility coordination.
Provide that the Department of Public Works will provide technical review and support of
the final design, bidding, and construction of the Project to ensure the completed
improvements may be accepted into to the County road maintenance system. Public Works
will be reimbursed on a time-and-material basis for its services in this regard. It is presently
estimated that the budget for these services will not exceed a total of $81,360.
Extend the term of the Agreement to June 30, 2013.
Reduce the financing committed for design and construction of the project by $394,273 for a
total project cost not to exceed $3,190,127.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the Amendment as to form. The Department of
Public Works will provide technical support for completion of the project and concurs with the
recommended reimbursement.
FINANCING:
Expenses incurred in accordance with the agreement will be reimbursed by the Redevelopment
Agency of the County of Monterey. Funds for implementation of the project are contained in the
budget of the Boronda Redevelopment Project Area Fund 172, Unit 8209). The total anticipated
cost of the project is $3,190,127.
Jim C ok 55-5390
Dir ct of Redevelopment and Housing
Date:
Attachment: Proposed Amendment No. 3; Amendment No. 2; Amendment No.1; and
Agreement No. A-10489
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SIGNED AMENDMENT NO.3"�|E���AMENDMENT NO. 3
TO FUNDING AGREEMENT NO. A-10489
Between
THE REDEVELOPMENT AGENCY OF THE COUNTY OF MONTEREY
AND
THE COUNTY OF MONTEREY
Hyland Drive & El Rancho Way Storm Drain and Street Improvement Project
This Amendment No. 3 to Agreement No. A-10489 for the Hyland Drive & El Rancho Way
Storm Drain and Street Improvement Project Project") in the community of Boronda is made
and entered into by and between the Redevelopment Agency of the County of Monterey
Agency") and The County of Monterey County").
RECITALS
A. The parties entered into Agreement No. A-10489 Agreement") on June 20, 2006 for the
Agency to provide up to $296,008 in financial assistance to the County to provide
engineering design services including concept design, schematic design, design
development, and preparation of construction documents for the Project.
As part of that approval process, the Board of Supervisors made the following findings in
compliance with Health & Safety Code 33345:
1. The building, facilities, structure or other improvements are of benefit to the
Project Area;
2. No other reasonable means of financing the improvements are available to the
community; and
3. The cost of acquiring the land or the cost of improvements will assist in the
elimination of one or more blighting conditions.
B. The parties approved Amendment No. 1 to the Agreement on February 13, 2007 to provide
up to $1,603,992 in financial assistance to the County to provide bidding, construction, and
construction management services for the Project, for a total Project cost not to exceed
$1,900,000, and to extend the term of the Agreement to December 31, 2008.
C. The parties approved Amendment No. 2 to the Agreement on June 16, 2009 to provide
increased financing in the amount of $1,684,400 for design and construction for a total
Project cost not to exceed $3,584,400, and to extend the term of the Agreement to
December 31, 2012.
D. The parties now desire to amend the Agreement in accordance with Section 7 therein to
reduce the financing required for design and construction of the project by $394,273 for a
total project cost not to exceed $3,190,127; to redefine the roles of the County Office of
Redevelopment and Housing and the County Department of Public Works during
construction of the project; and to extend the term to June 30, 2013.
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SIGNED AMENDMENT NO.3"�|E���E. The parties have reviewed the findings made at the time of the original Agreement as
described in Paragraph A above, and are satisfied that those findings are still valid.
NOW, THEREFORE, the parties agree as follows:
1 Agency and County re-affirm their cooperation in seeking to complete the Project in the
most efficient and economical manner, including, but not limited to, the use of each other's
efforts in the qualification or pre-qualification of contractors and consultants, and their
respective powers under law.
2. Section 2 of the original Agreement is hereby amended to provide that the County
Redevelopment and Housing Office shall manage the final permit and right-of-way
acquisition, bidding, and construction of the Hyland Drive & El Rancho Way Storm Drain
and Street Improvements-Boronda Project. Management responsibility, as related to
construction services, includes: selecting and managing consultants for construction
management, geotechnical testing, construction staking, and design services during
construction; advertising for bids; opening and review of bids; recommendation for award
of contract; management of construction contract; and utility coordination.
3. Section 2 is further amended to provide that the County Department of Public Works shall
provide technical review and support of the final design, bidding, and construction of the
project to ensure the completed improvements may be accepted into to the County road
maintenance system. Public Works shall be reimbursed on a time-and-material basis for its
services in this regard. It is presently estimated that the budget for these services will not
exceed a total of $81,360.
4. Section 5, Term, is hereby amended to provide that the term of this Agreement shall
continue until June 30, 2013, unless further extended or terminated pursuant to the terms of
the Agreement.
5. The Project Budget is hereby amended in accordance with Exhibit A-3 attached hereto to
indicate a Total Project Budget of $3,190,127.
6. Except as provided herein, all other terms and conditions of the Agreement remain
unchanged and in full force and effect.
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SIGNED AMENDMENT NO.3"�|E���IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 3 as of the last
day and year set forth below:
REDEVELOPMENT AGENCY OF THE
COUNTY OF MONTEREY
By
Date
Chair, Board of Directors
1_2s_-ii
APPROVED AS TO FORM
Agency Counsel
By e4
MONTEREY COUNTY
Chair, Board of Supervisors
Date 2
APPROVED AS TO FORM
County Counsel
By
Deputy Deputy
Date: /2Date: /L z,3 ic)
T
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SIGNED AMENDMENT NO.3"�|E���Exhibit A-3
Hyland Drive & El Rancho Way
Storm Drain and Street Improvement Project
PROJECT BUDGET
Work by Work by
Public Works Red & Hsg Off Total Project
Budget
Design/Environmental
RHO Staff Admin & ROW 69,415 69,415
PW Staff Design Support 152,469 152,469
PW Staff Field Survey 16,164 16,164
Drainage Consultant 952 952
Design Consultant 232,307 72,120 304,427
Dept of Fish & Game Permit 1,859 1,859
Habitat Surveys for DFG Permit 7,658 23,727 31,385
$ 409,550 $ 167,121 $ 576,671
Right Of Way/Utilities
Appraisal Consultant 2,400 14,480 16,880
PW Staff Rights of Entry 3,598 3,598
Preliminary Title Reports 4,000 7,200 11,200
Purchase Easements 7,347 86 7,433
Utility Relocation 4,908 109,267 114,175
Right of Way Consultant 7,040 7,040
PW Staff ROW Monumentation 10,000 10,000
$ 39,293 $ 131,033 $ 170,326
Construction Management
Advertising Fees 1,500 1,500
PW Staff Tech Review 81,360 81,360
Consultant Const Mgt/Inspection 236,420 236,420
Consultant Design Servs dur Const 7,850 7,850
Consultant Const Staking 20,000 20,000
Consultant Geotech Testing 50,000 50,000
$ 81,360 $ 315,770 $ 397,130
Construction Contract
Construction Contract Est 1,860,000 1,860,000
Contingencies 10% 186,000 188,000
$2,046,000 $2,046,000
TOTAL PROJECT BUDGET $ 530,203 $2,659,924 $3,190,127
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IMPROVEMENT-U012
PROJECT-U012
IN-U012
THE-U012
COMMUNITY-U012
OF-U012
BORONDA-U012
TO;-U012
EXTEND-U012
THE-U012
TERM-U012
OF-U012
AGREEMENT-U012
TO-U012
JUNE-U012
30,-U012
2013;-U012
REDUCE-U012
THE-U012
FINANCING-U012
REQUIRED-U012
DESIGN-U012
CONSTRUCTION-U012
OF-U012
THE-U012
PROJECT-U012
BY-U012
$394,273-U012
A-U012
TOTAL-U012
PROJECT-U012
COST-U012
TO-U012
EXCEED-U012
$3,190,127-U012
REVISED BOARD ORDER"�|E�l�50
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No.: A-10489
Approve and authorize the Chair to sign Amendment
No. 3 to Agreement No. A-10489 between the
Redevelopment Agency and the County of Monterey for
implementation of the Hyland Drive/El Rancho Way
Street and Storm Drain Improvement Project in the
community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and
construction of the project by $394,273 for a total
project cost not to exceed $3,190,127.
Upon motion of Supervisor Armenta, seconded by Supervisor Potter, and carried by those
members present, the Board of Supervisors hereby:
Approved and authorized the Chair to sign Amendment No. 3 to Agreement No. A- 10489
between the Redevelopment Agency and the County of Monterey for implementation of
the Hyland Drive/El Rancho Way Street and Storm Drain Improvement Project in the
community of Boronda to:
a) Extend the term of Agreement to June 30, 2013; and
b) Reduce the financing required for design and construction of the project by $394,273
for a total project cost not to exceed $3,190,127.
PASSED AND ADOPTED this 1 lth day of January 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Parker, Potter
NOES: None
ABSENT: Supervisor Salinas
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 18, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
Revised: February 7, 2011 County of Monterey, State of California
By / u~?fu c X L-1 U1 C_
Deputy
BIB]
40582-U01
REVISED-U02
BOARD-U02
ORDER-U02
LI21329-U03
FO96183-U03
FO96184-U03
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$3,190,127-U012