Item Coversheet

Agenda Item 3.5.1

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TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: 

Board of Directors

From:

Michael Zeller, Director of Programming & Project Delivery

Meeting Date:

October 25, 2017

Subject:

Meyers Nave Amendment #2


RECOMMENDED ACTION:
APPROVE contract amendment #2 with Meyers Nave to extend the term of the agreement for legal services for the Salinas Rail Extension project until December 31, 2018.
SUMMARY:
The Transportation Agency's contract for legal services with Meyers Nave expires December 31, 2017.  This contract amendment #2 would extend the term of the agreement until December 31, 2018 and continue with the existing budget without adding additional funds.
FINANCIAL IMPACT:
The agreement for legal services with Meyers Nave was approved by the Board on June 24, 2014 with a total not-to-exceed amount of $149,000.  Once the Salinas Rail Extension project entered the condemnation phase, the Board approved contract amendment #1, which extended the term of the agreement to December 31, 2017 and added $350,000 to the budget for a total not-to-exceed amount of $499,000. The project budget has sufficient programmed TCRP funding for this contract.
DISCUSSION:

At the March 22, 2017 meeting, the Transportation Agency Board of Directors approved resolutions of necessity for nine properties necessary for the Salinas Rail Extension Project.  At the following Board meeting in April, the Board amended the agreement for legal services with Meyers Nave to extend the term of the agreement until December 31, 2017.  The purpose of this short term extension was to allow staff and the Board to evaluate the status of the condemnation process prior to the end of the year.

 

During this time, Meyers Nave has coordinated with Agency staff to secure possession on eight of the properties, with positive negotiations progressing on the final property.  Possession of the properties allows the Agency to move forward with activities related to the Salinas Rail Extension project, such as the utilities relocation and structure demolition.  However, the property owners are still legally entitled to continue with negotiations over the settlement price for the purchase of the properties.

 

As such, Agency staff is seeking to extend the agreement for legal services with Meyers Nave until December 31, 2018 with the attached amendment #2.  This will allow Meyers Nave to continue with their necessary work to gain possession for the Agency of the final property and for the final settlement of the properties.

ATTACHMENTS:
Description
Meyers Nave Contract Amendment #2