RES-10072 Cooperation & Reimbursement Agreement Glassell St. RehabilitationRESOLUTION NO. 10072
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY
RELATING TO THE REHABILITATION OF
PORTIONS OF GLASSELL STREET AND
APPROVING A CONTRACT CHANGE ORDER
WITH ALL AMERICAN ASPHALT FOR BID NO.
056-16 (SPECIAL PROJECT
3544).WHEREAS, the Orange Redevelopment Agency, a public body, corporate and
politic the Agency), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing with
Section 33000 of the Health and Safety Code of the State of California and herein referred to as
the Redevelopment Law);
and WHEREAS, the City of Orange (the City) is a municipal corporation, which
exercises govemmental functions and powers and is organized and existing under the laws of the State
of California;
and WHEREAS, the Amended and Restated Redevelopment Plan (the
Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (the
Redevelopment Project Area) was duly approved by the City Council on November 13, 2001 by Ordinance
No.2101, pursuant to the Redevelopment Law;
and WHEREAS, pursuant to the Redevelopment Law, the Agency is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment
Project Area;
and
I WHEREAS, the City desires to rehabilitate those portions of Glassell Street
between Almond Avenue and Chapman Avenue and between Chapman Avenue and Maple
Avenue exclusive of the traffic circle intersection of Chapman Avenue and Glassell Street), which
will consist of the grinding and overlay of 2 inches of asphalt concrete, the placement of
reinforced fabric, pavement striping, legends and raised pavement markers, and the adjustment of
utility covers to grade, as more particularly described in plans therefore approved (or to be
approved)by the City Council of the City of Orange (herein referred to as the Plans), which Plans are
on file as a public record in the Office of the City Clerk and are incorporated herein by
this reference (herein referred to as the Public Improvements);
and WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency,
with the consent of the City Council, to pay all or a part of the cost of the installation
and construction of the Public Improvements if the City Council determines that (a) the
Public Improvements are of benefit to the Redevelopment Project Area; (b) no other reasonable
means of financing the Public Improvements are available to the City; and (c) the payment of
for the Public Improvements will assist in the elimination of one or more blighting conditions
inside the Redevelopment Project Area and is consistent with the Agency's adopted
Implementation Plan; and
WHEREAS, on the basis of the facts set forth in the agenda report presented to it and
any testimony received at the meeting at which this matter was considered, the City Council
finds and determines that (a) the Public Improvements are of benefit to the Redevelopment
Project Area; (b) there are no other reasonable means available to the City for funding the
Agency's portion of the costs of the construction of the Public Improvements other than the
funds provided by the Agency; and (c) the payment of funds for the Public Improvements will
assist in the elimination of one or more blighting conditions inside the Redevelopment Project
Area; and (d) the Public Improvements are consistent with the Agency's adopted
Implementation Plan; and
WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project
Area, the Agency and the City desire to enter into a Cooperation and Reimbursement
Agreement in the form presented at the meeting at which this Resolution is adopted (the
Agreement) pursuant to which the City will cause the Public Improvements to be installed and
constructed and thereafter maintained, and the Agency will payor reimburse the City for the
Agency's portion of the costs of such Public Improvements in an amount not to exceed
Twenty-seven Thousand Five Hundred and No/100 Dollars ($27,500.00), as more
particularly set forth in the Agreement;
and WHEREAS, as the lead agency under the California Environmental Quality
Act CEQA), the City Council finds and determines that the Public Improvements are within
that class of projects which consist of a minor alteration of existing public structures,
facilities,mechanical equipment, or topographical features, involving negligible or no expansion of
use beyond that previously existing and that, therefore, pursuant to Section 15301 of the
State CEQA Guidelines, the construction of the Public Improvements will not cause a
significant effect on the environment and are, therefore, categorically exempt from the provisions
of CEQA;
and WHEREAS, the City Council has duly considered all of the terms and conditions of
the proposed Agreement and believes that the Agreement is in the best interests of the City and
the health, safety, morals and welfare of its residents, and in accord with the public purposes
and provisions of applicable State and local law and requirements;
and WHEREAS, the City has recently entered into a contract with All American Asphalt
for the rehabilitation of miscellaneous City streets pursuant to Bid Number 056-16 (SP
3544); and WHEREAS, the Director of Public Works/City Engineer reports that she has
negotiated a contract change order with All American Asphalt to have the Public Improvements added
to the scope of work of said contract and therefore recommends that a contract change order
in the amount of Eighty-two Thousand Nine Hundred Sixty-four and 30/100 Dollars ($
82,964.30) for the Public Improvements be accepted
by
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
Section I:
I The foregoing recitals are true and correct.
Section II:
The Public Improvements are of benefit to the Redevelopment Project Area, there are no
other reasonable means available to the City for funding the Agency's portion of the costs of the
construction of the Public Improvements other than the funds provided by the Agency; the
payment of funds for the Public Improvements will assist in the elimination of one or more
blighting conditions inside the Redevelopment Project Area; and the Public Improvements are
consistent with the Agency's adopted Implementation Plan.
Section III:
The City Council hereby consents to the undertaking of the Public Improvements in
accordance with the Agreement and to that end hereby approves the Plans for the Public
Improvements.
Section IV:
The City Council hereby finds and determines that the terms and provisions of the
Agreement between the City and the Agency, in the form as submitted by the City Manager, are
approved and that the Mayor is authorized to execute, and the City Clerk to attest, the Agreement
on behalf ofthe City.
Section V:
The contract change order with All American Asphalt in the amount of Eighty-
two Thousand Nine Hundred Sixty-four and 30/100 Dollars ($82,964.30) to have
the Public Improvements added to the scope of work of the existing contract for
rehabilitation of miscellaneous City streets pursuant to Bid Number 056-16 (SP 3544) is
hereby
approved
and accepted.
I Section VI:The Mayor is hereby further authorized and directed to execute, and the
City Clerk to attest, the contract change order with
All
Section VII:
The officers and employees of the City are authorized and directed, jointly and severally,
to do any and all things necessary or advisable in order to effectuate the purposes of this
Resolution and to administer the City's obligations, responsibilities and duties to be performed
hereunder, and all actions previously taken by such officers and employees in connection with the
Agreement and the contract change order for the Public Improvements are ratified and approved.
ADOPTED this 25th day of April, 2006.
ATTEST:
M~1~~S~Omog,
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 25th day of April, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
It~ Ci
City Clerk, Cit
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