File #: 11-060    Name:
Type: Minutes Status: Passed
File created: 1/11/2011 In control: Board of Supervisors
On agenda: 1/11/2011 Final action: 1/11/2011
Title: Acting as the Board of Directors of the Redevelopment Agency of the County of Monterey, approve and authorize the Chair to sign Amendment No. 3 to Agreement No. Acting as the Board of Directors of the Redevelopment Agency of the County of Monterey, approve and authorize the Chair to sign Amendment No. 3 to Agreement No.
Attachments: 1. Completed Board Order, 2. Signed Board Report, 3. Signed Amendment

 

 

 

 

 

 

 

 

 

 

 

 

COMPLETED BOARD ORDER"�|E��60

Board of Directors of the

Redevelopment Agency of the County of Monterey

County of Monterey, State of California

Agreement No.: A-10489

Acting as the Board of Directors of the Redevelopment

Agency 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 the 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 Director Calcagno, seconded by Director Salinas, and carried by those

members present, the Board of Directors of the Redevelopment Agency of the County of

Monterey 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 the 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: Directors 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 24, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

rti

By Deputy

 

 

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$3,190,127-U012

 

 

 

 

SIGNED BOARD REPORT"�|E��BOARD OF DIRECTORS OF THE

REDEVELOPMENT AGENCY OF THE COUNTY OF MONTEREY

MEETING: January 11.2011  Consent AGENDA NO.: /n

SUBJECT Acting as the Board of Directors o`the Redevelopment Agency of t e 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 f the Hyland Drive/El Rancho Way Street and

Storm Drain Improvement Project in the community of Boronda to:

a) Extend the term of the Agreement to June 30, 2013; and

b) Reduce the financing required for design and construction of the project by

$394,273 fora total project cost not to exceed $3,190.127.

DEPARTMENT: RMA  Redevelopment & Housing Office

RECOMMENDATION:

It is recommended that the Board of Directors of the Redevelopment Agency 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 the 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 project funding

committed by the Redevelopment Agency Boronda Storm Drain Project

DISCUSSION:

On September 12, 2000, the Board of Supervisors approved the Boronda Redevelopment Area Storm

Drain Master Plan 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; and

The conditions which supported the findings have not changed since the 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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$3,190,127-U012

 

 

SIGNED BOARD REPORT"�|E��On February 13, 2007, the Board approved Amendment No. 1 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 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:

Agency Counsel has reviewed and approved Amendment No. 3 as to form. The Department of Public

Works will provide technical support for completion of the project and concurs with the recommended

reimbursement.

FINANCING:

The recommended action will have no impact on the General Fund or the Road Fund. 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.

Prepared by:

Jim C 6k, 73-5390

Dire o edevelopment and Housing Office

Date:

Attachments: Proposed Amendment No. 3; Amendment No. 2; Amendment No.1; and

Agreement No. A-10489

 

 

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SIGNED AMENDMENT��"�|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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$3,190,127-U012

 

 

SIGNED AMENDMENT��"�|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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$3,190,127-U012

 

 

SIGNED AMENDMENT��"�|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

Chair, Board of Directors

MONTEREY COUNTY

By 1

Chair, Board of Supervisors

Date

APPROVED AS TO FORM

Agency Counsel

Date / f/

APPROVED AS TO FORM

County Counsel

By 4aw By

Depu y Dep ty

Date: /~LZ3b 0 Date: l Z/y

 

 

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PROJECT-U012

COST-U012

TO-U012

EXCEED-U012

$3,190,127-U012

 

 

SIGNED AMENDMENT��"�|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

 

 

BIB]

 

40576-U01

SIGNED-U02

AMENDMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO97017-U03

MG97055-U03

AS97081-U03

AS97090-U03

AI97734-U03

DO98213-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

2/1/2011-U04

BORENM-U04

15932-U05

1-U06

ACTING-U07

AS-U07

THE-U07

BOARD-U07

OF-U07

DIRECTORS-U07

OF-U07

THE-U07

REDEVELOPMENT-U07

AGENCY-U07

OF-U07

THE-U07

COUNTY-U07

OF-U07

MONTEREY,-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CHAIR-U07

TO-U07

SIGN-U07

AMENDMENT-U07

NO.-U07

3-U07

TO-U07

AGREEMENT-U07

NO.-U07

294-HOUSING-U08

&-U08

REDEVLOPMENT-U08

TORRES-U09

KARINA-U09

TORRESK-U10

12/30/2010-U011

A-10489-U012

BETWEEN-U012

THE-U012

REDEVELOPMENT-U012

AGENCY-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

IMPLEMENTATION-U012

OF-U012

THE-U012

HYLAND-U012

DRIVE/EL-U012

RANCHO-U012

WAY-U012

STREET-U012

STORM-U012

DRAIN-U012

IMPROVEMENT-U012

PROJECT-U012

IN-U012

THE-U012

COMMUNITY-U012

OF-U012

BORONDA-U012

TO;-U012

EXTEND-U012

THE-U012

TERM-U012

OF-U012

THE-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