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5-M <br />October 27, 2003 <br />Subject <br />Amendment No. 3 to Construction and Reimbursement Agreement for Relocation of <br />Reinforced Concrete Box Culvert <br />Recommendation <br />Approve Amendment No. 3 to the Reimbursement Agreement for additional work for <br />the Relocation of Reinforced Concrete Box Culvert, in the not to exceed amount of <br />$300,000. <br />Background <br />On February 24, 2003, the City /Agency approved an agreement with BHV Innisfree <br />Venture 1, LLC to relocate the concrete box culvert away from the new public parking <br />facility. On April 8, 2003, amendment No. 1 was approved by the City Council <br />pertaining to clarifying changes. On July 22, 2003, Amendment No. 2 was approved for <br />the asbestos remediation and demolition of buildings fronting Jefferson Avenue. The <br />hazardous material remediation and demolition are costs to be paid by the developer. <br />This third amendment will finish all work related to the culvert. There are three areas of <br />work remaining: <br />1. Demolition of remainina old box culvert in Middlefield Road. The demolition of <br />this now unnecessary portion of the culvert will eliminate a "void" under the <br />street, and will also allow for the relocation of utilities along Theatre Way. <br />2. Construction of a storm drain system on Jefferson Avenue. The existing storm <br />drains are adjacent to the old box culvert and drain directly into it. Now that the <br />culvert is abandoned, new storm drain lines will be required or the street will <br />flood. The storm drain system design was just completed, and we now have an <br />estimate for the work. <br />3. Demolition of the old box culvert across Jefferson Avenue. The top and walls of <br />the culvert will be demolished, and the void filled with appropriate material. This <br />is being done now to eliminate the need for future work in Jefferson Avenue <br />once the garage and retail /cinema project are open. It also simplifies the <br />construction of the parking structure and minimizes water infiltration against the <br />outside of the parking structure. <br />-1- <br />