RES-OB-0066 Metrolink Parking Structure DesignRESOLUTION NO. OB -0066
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 TO THE ORANGE
REDEVELOPMENT AGENCY AND LPA, INC. TO
INCORPORATE THE REVISED SCOPE OF
SERVICES ASSCOIATED WITH ARCHITECTURAL
DESIGN AND ENGINEERING SERVICES FOR THE
METROLINK PARKING STRUCTURE.
WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 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 and added Part 1.8 and Part 1.85 of Division
24 to the California Health and Safety Code (AB 26, together with all amendments and
supplements to such California Health and Safety Code 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, California Health and Safety Code 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, 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. to perform architectural design and
engineering work related to the Metrolink Parking Structure; 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, 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, the First Amendment does not affect the not -to- exceed amount of fees
payable to Consultant under the LPA Consultant Agreement; and
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 resolves to approve the First Amendment to
incorporate revisions to the original scope of services associated with architectural design and
engineering services for the Metrolink Parking Structure Project.
Section 4. The Executive Director of the Successor Agency is hereby authorized, for
and on behalf of the Successor Agency, to execute the First Amendment and sign all documents
necessary and appropriate to carry out and implement the First Amendment.
Section 5. 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 6. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
RESOLUTION NO. OB -0066 2
ADOPTED this 14 day of October, 2015.
Teresa E. Smith
Chairperson of the Oversight Board of the
Successor Agency to the Orange Redevelopment Agency
ATTEST:
Mary E. Murphy
Clerk of the Oversight Board
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the 14 day of October 2015, by the following vote:
AYES: BOARDMEMBERS: Schulze, Christensen, Davert, Buttress, Smith
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Remland
ABSTAIN: BOARDMEMBERS: None
prj'
Mary E. Murphy
Clerk of the Oversight Board
RESOLUTION NO. OB -0066 3