RES-OB-0069 Metrolink Parking Structure ApprovalRESOLUTION NO.OB -0069
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY APPROVING THE
FIRST AMENDMENT TO CONSULTANT
SERVICES AGREEMENT BETWEEN THE
SUCCESSOR AGENCY AND LPA, INC.,
ASSOCIATED WITH ARCHITECTURAL DESIGN
AND ENGINEERING SERVICES FOR THE
METROLINK PARKING STRUCTURE, AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH.
WHEREAS, Assembly Bill x1 26 ( "AB 26 ") and AB x1 27 were passed by the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5 and
33607.7 of the California Health and Safety Code ( "HSC ") and added Part 1.8 and Part 1.85 of
Division 24 to the HSC (AB 26, together with amendments and supplements to such HSC
provisions subsequently enacted, being referred to herein as the "Dissolution Act "); and
WHEREAS, pursuant to the Dissolution Act, the Orange Redevelopment Agency (the
Agency ") was dissolved as of February 1, 2012; and
WHEREAS, HSC Section 34173(a) designates successor agencies as successor entities
to former redevelopment agencies; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City Council of the City
of Orange elected for the City to serve as the successor agency (the "Successor Agency ") upon
the dissolution of the Agency, subject to all reservations stated in such resolution; and
WHEREAS, the Oversight Board of the Successor Agency to the Orange Redevelopment
Agency (the "Oversight Board ") has been established to direct the Successor Agency to take certain
actions to wind down the affairs of the Agency in accordance with the California Health and Safety
Code; and
WHEREAS, the Cooperative Agreement No. C -9 -0901 (the "OCTA Agreement "), by and
among the Agency (as succeeded by the Successor Agency), the City of Orange and the Orange
County Transportation Authority ( "OCTA ") is an "enforceable obligation" under the Dissolution
Act; and
WHEREAS, in connection with its performance under the OCTA Agreement, the
Agency (as succeeded by Successor Agency) contracts for certain architectural design and
engineering work related to the Metrolink Parking Structure (the "Project "), which work has not
yet been completed; and,
WHEREAS, to perform its obligations under the OCTA Agreement, the Agency entered
into a Consultant Services Agreement (Agreement No. 5655), dated as of November 15, 2010
the "LPA Consultant Agreement "), retaining LPA, Inc. (the "Consultant ") to perform
architectural design and engineering work related to the Project; and
WHEREAS, the California State Department of Finance (the "DOF ") has recognized the
LPA Consultant Agreement as an enforceable obligation of the Successor Agency; and
WHEREAS, in order to address various issues that have arisen with respect to the
Project, including among other things, delays resulting from the Agency's dissolution and
requests by the Federal Transportation Administration and the State Historic Preservation Office,
there has been prepared a First Amendment to Consultant Services Agreement (the "First
Amendment "), to provide for certain revisions to the original scope of services under the LPA
Consultant Agreement; and
WHEREAS, while the First Amendment does not affect the not -to- exceed amount of
fees payable to Consultant under the LPA Consultant Agreement, it is estimated that, as
identified in Exhibit A of the First Amendment, the total dollar amount payable for the
Consultant's services to be rendered pursuant to the revised scope of services will be less than
the total dollar amount which would have been rendered under the original scope of services; and
WHEREAS, the First Amendment is in furtherance of the Successor Agency's
performance of its obligations under the OCTA Agreement; and
WHEREAS, the Successor Agency's non - performance of its obligations under the
OCTA Agreement (or further delays thereof) would increase the Successor Agency's liability
and, accordingly, potentially result in a decrease of revenues available for disbursements to the
taxing entities in light of the increased liability; and
WHEREAS, the Oversight Board is adopting this Resolution to approve the First
Amendment, and make related findings per HSC Section 34181(e);
NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. The Oversight Board hereby finds and determines that, for the purposes of
HSC Section 34181(e), it is in the best in the best interests of the taxing entities for the Successor
Agency to enter into the First Amendment.
Reso. No. OB -0069 2
Section 4. The Oversight Board resolves to approve the First Amendment to
incorporate revisions to the original scope of services associated with architectural design and
engineering services for the Project.
Section 5. The Executive Director of the Successor Agency is hereby
authorized and directed, for and on behalf of the Successor Agency, to execute the First
Amendment, in substantially the form presented to the Oversight Board and on file with
the Clerk of the Oversight Board, and sign all documents necessary and appropriate to
carry out and implement the First Amendment.
Section 6. The members of the Oversight Board, the Executive Director of the
Successor Agency and all other officers of the City, acting as Successor Agency, are hereby
authorized, jointly and severally, do all things which they may deem necessary or proper
including the signing of documents) to effectuate the purposes of this Resolution and the
LPA Consultant Agreement, as amended by the First Amendment.
Section 7. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
ADOPTED this 27th day of January, 2016.
ATTEST:
r .
Mary E. M by
Clerk of the Oversight Board
C-)r ¢d-
Teresa t. Smith
Chairperson of the Oversight Board to the Successor
Agency of the Orange Redevelopment Agency
Reso. No. OB -0069 3
I, MARY E. MURPHY, Clerk of the Oversight Board, City of Orange, California, do
hereby certify that the foregoing Resolution was duly and regularly adopted by Oversight Board
of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held
on the 27 day January, 2016, by the following vote:
AYES:BOARD MEMBERS:
NOES:BOARD MEMBERS:
ABSENT:BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
A f G ir'L C1C rV ~'r
Mary Ejpurphy
Clerk o the Oversight Board
Reso. No. OB -0069
Act, -% 55. f
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (the "First Amendment ") is
made and entered into as of October 15 , 2015, by and between the SUCCESSOR
AGENCY to the Orange Redevelopment Agency, a public body, corporate and politic
Successor Agency "), and LPA, Inc., a California Corporation—(herein referred to as the
Consultant "), with its principal office for purposes of this First Amendment at 5161 California
Avenue, Suite 100, Irvine, California 92617 and with reference to the following:
A. The Orange Redevelopment Agency and the Consultant entered into that certain
Consultant Services Agreement (Agreement No. 5655) dated as of November 15, 2010, which is
incorporated herein by this reference (the "Original Agreement "); and
B. The City and the Consultant desire to amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement, except
that all references to "Agency" now refer to "the SUCCESSOR AGENCY to the Orange
Redevelopment Agency, a public body, corporate and politic ( "Successor Agency ") ".
Section 2. Revised Scone of Services The Scope of Services, Exhibit A to the
Original Agreement, is hereby amended, modified and supplemented to include the services
described on Exhibit A attached hereto and incorporated herein by this reference.
Section 3 . Chanee Orders. The Executive Director is authorized to sign on his own
authority amendments and /or change orders to this Agreement which are of routine or technical
nature.
Section 5. Integration This First Amendment, the agreements specifically referred
to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned
herein, and supersede all negotiations with respect to the subject matter hereof. This First
Amendment amends, as set forth herein, the Original Agreement and, except as specifically
amended hereby, the Original Agreement shall remain in full force and effect. To the extent that
there is any conflict or inconsistency between the terms and provisions of this First Amendment
and the terms and provisions of the Original Agreement, the terms and provisions of this First
Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Agreement on the year and
day first above written.
CONSULTANT"
LPA, Inc.,
a California corporation
By:
Name: Robe O. Kuppe r
Title: Chief Executive Of
SUCCESSOR AGENCY"
SUCCESSOR AGENCY TO THE
ORANGE REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Teresa E. Smith, Chairperson
B
N ame: Jame . el
Title: Secretary
f,
K
APPROVED AS TO FORM:
A
Wa W. Winthers, General Counsel
ATTEST:
JIM
Mary E. Murphy, Agency Clerk
NOTE : The Agency requires the following
signature(s):
1) the Chairman of the Board, the
President or a Vice - President, AND
2) the Secretary, the Chief
Financial Officer, the Treasurer,
an Assistant Secretary or an
Assistant Treasurer. Sf only one
corporate officer exists or one
corporate officer holds more than
one corporate office, please so
indicate. OR
The corporate officer named in a
corporate resolution as authorized
to enter into this Agreement. A
copy of the corporate resolution,
cartifiad by the Secratary close
2
OVERSIGHT BOARD APPROVAL
The Oversight Board of the Successor Agency to the Orange Redevelopment Agency hereby
approves the request by the Successor Agency to enter into this Agreement.
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY, a public body, corporate and politic
By: Lttdir c•
Name: le - - P - APL 6 S6ZA
Its:
Date: /o //y
DEPARTMENT OF FINANCE APPROVAL
Pursuant to California Health and Safety Code Section 34179(h), California Department of
Finance approval of the action by the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency was granted (or deemed granted) on C%AcAge N - 12015.
EXHIBIT "A"
REVISED SCOPE OF SERVICES
Original Scope of Services for Phase I (Design)
Amount
Plus/Minus
1) Add Photovoltaic Design West Chapman Parking Lot 5,000
2) Add Photovoltaic Design Concepts at Lemon Street Parking Lot 5,000
3) Eliminate Residential Component 53,026
4) Eliminate West Chapman Retail 40,000
5) Add additional design concepts for both structures 10,000
6) Add additional public outreach meetings 30,000
7) Delete West Chapman Parking Structure 740,002
8) Prepare design for Temporary Parking Lot at the Lemon Street Parking Lot 0
9) Reduce Public Outreach 4,700
10) Prepare additional construction cost estimates 4,700
Original Scope of Services for Phase 1 783,028)
Revised Scope of Services for Phase 1 (Design)
1) Prepare Geotechnical Reports 23,980
2) Add additional design options for parking garage based on input from March 20, 2013 DRC
meeting.
12,000
3) Add Depot District Parking Program Study 68,250
4) Add two additional parking design options for the restaurant and retail options for Lemon
Street Retail 11,000
5) Calculate energy load, establish Photovoltaic cost offsets and study alternative Photovoltaic
locations.
7,250
6) Conduct traffic counts and related traffic study support for the environmental review process 7,613
7) Prepare Tentative Parcel Map for Metrolink Parking Structure 7,600
8) Upon approval of Tentative Parcel Map, prepare Final Parcel Map for approval by the City
and Count of Orange Surveyor's Office
15 800
9) Design Development Phase (adjusted cost due to project hold by State Department of
Finance
11,797
10) Restart costs associated with LPA due to project delays by State Department of Finance 6,000
11) Restart costs associated with Choate due to project delays by State Department of Finance 12,000
12) Construction Document Phase to be completed by Nov 2015 (accelerated 6 -week completion
date upon notice to proceed
23,594
13) Additional design services related to public and DRC comments.14,700
14) Prepare a Shade and Shadow Study 3,500
15) Adjusted cost to Plan Check Phase 2,359
16) Additional tasks associated with completion of parking management plan 16,050
17) Design, documentation of Photovoltaic installation at the parking structure and bike storage
area.
68,618
Revised Scope of Services for Phase 1 312,111
Original Scope of Services for Phase 2 Construction
1) Delete Bid and Construction Support Services for Lemon Street Commercial Retail 89,497)
2) Delete Bid and Construction Support Services for Lemon Street Residential 29,420)
3) Delete Bid and Construction Support Services for West Chapman Parking Structure 178,298)
4) Delete Bid and Construction Support Services for West Chapman Retail 23,273
Original Scope of Services for Phase 2 261,648)
Revised Scope of Services for Phase 2 (Construction)
1) Bid Support Services to be completed April 2016 (adjusted cost due to project delays by
State Department of Finance 1,310
2) Construction Support Services (adjusted cost due to project delays by State Department of
Finance 19,214
3) Manage construction of Photovoltaic installation at the parking structure and bike storage
area.28,117
Revised Scope ol';Serviees for Phase ;4$,641`,