RES-9919 Cooperation & Reimbursement Agreement For Reconstruction of Meats Ave.RESOLUTION NO. 9919
A RESOLUTIO'l OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERATION AND REIMBURSEMENT
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY FOR THE
RECONSTRUCTION OF MEATS AVI,NUE
BETWEEN GLASSELL STREET AND PACIFIC
WAY
WHEREAS, the Orange Redevelopment Agency (the Agency) is a duly constituted
redevelopment agency under the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq and, pursuant to such laws, is responsible for undertaking
certain activities necessary for redevelopment of the Orange Merged and Amended
Redevelopment Project Area (the Project Area) within the City of Orange (the City); and
WHEREAS, the City, in accordance with its Seven Year Capital Improvement
Program, desires to reconstruct that portion of Mcats Avenue between Glassell Street and
Pacific Way within the Project Area; such rchabilitation activities constitute the Public
Improvements as generally described on Exhibit B to that certain Cooperation and
Reimbursement Agreement for the Provision of Public Improvements of Benefit to the Orange
Merged and Amended Redevelopment Projcct Area (the Agreement) in the form presented at
this meeting; and
WHEREAS, pursuant to Section 33445 of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.), the Public Improvements are provided for
in the Redevelopment Plan for the Project Area, and the Agency desires to cause their
implementation; and
WHEREAS, the Agency and the City have determined that the Public Improvements
are of benefit to the Project Area and the immediate neighborhood in which the Project Area is
located; that the Agency's financial participation in the: construction of the Public
Improvements will benefit the City and that the City has or will have the ability to maintain
such improvements; and
WHEREAS, the City and the Agency have similar public purposes for the construction
of the Public Improvements; and
WHEREAS, in furtherance of the public purposes of the Agency and the City, the
Agency and the City desire to enter into the Agreement under which the City will pay the cost
of constructing the Public Improvements, and thereafter, the Agency w1ill reimburse the City for
the Agency's share of the costs of the Public Improvements in the amount not to exceed Two
Hundred Thirty Thousand Eight Hundred Sixty-two Dollars ($230,862.50);
WHEREAS, there are no other reasonable means of funding the Agency's portion of
the costs of the construction of the Public Improvements other than the funds provided by the
Agency.
WHEREAS, the Agency's financial participation in the construction of the Public
hnprovements will assist in the elimination of one or more blighting conditions inside the
Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. The City Council hereby determines that the Agreement is of benefit to the
Project Area, that no other reasonable me,ms of financing the actions contemplated by the
Agreement are available to the community, and that the Public Improvements will assist in the
elimination of one or more blighting conditions inside the Project Area and are consistent with
the hnplementation Plan adopted for the Project Area.
Section 2. The City Council hereby finds and determines that the Agreement is exempt
from the application of the California Environmental Quality Act (Public Resource Code
Section 21000 et seq.) pursuant to a Class I categorical exemption as set forth in Section 15301
of Title 14 of the California Code of Regulations because the Public Improvements consist of
the repair, maintenance, or minor alteration of existing public streets involving negligible or no
expansion of use.
Section 3. The Agreement between the Agency and the City, a copy of which is on file
with the City Clerk, is hereby approved, and the Mayor is authorized and directed to execute,
and the City Clerk to attest, said Agreement on behalf of the City.
Section 4. City staff is hereby authorized and directed to take any appropriate action
consistent with the purposes of this Resolution and the Agreement approved hereby to carry out
the Agreement on behalf of the City.
ADOPTED this 26th day of October, 2004.
i y of Orange
2
ATTEST:
l, 'i i: < j , (<__ ( ,
Mary E. Murphy; City Clerk;'Cityof orange
I, MARY E. MURPHY, City Clerk of the City of Orange, Califcmlia, 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 26th day of October, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
It",~ /.., /
Ma~ E', ~~', C~ty ~l~rk, City(OJOrange 3
EXHIBIT B
DESCRIPTION OF PUBLIC IMPROVEMENTS
Beneath this sheet. ]
CONTRACT CHANGE ORDER NO. One (lJ SUPPl, NO,
Date: October 4, 2004 SHEET -L OF -LSHEETS
PROJECT: SP-3492 Annual Street Maintenance Asphalt Concrete Overlav I Reconstruction atVariouslocations. FY
04-05 CITY jCOUNTY AGREEMENTS: CONTRACT NO: Bid
No, 045-03 To All
American Asphalt Contractor)You are hereby directed to make the herein described changes from the plans and
specifications or do the following described work not included in the plans and specifications
on this contrcrcL NOTE: This chanae order Is not effective until approved bv
the Citv Enaineer.Description of work to be done. estimate of quantities. and prices to be
paid, Segregate between additional work at contract price, agreed priCE> and force account. Unless otherwise
stated. rates for rental of equipment cover oniy such time as equipment is actually used and no allowance will
be made
for idle time.Chanae reauested bv:
Citv of Oranae Following work is added or deleted. as appiicable. from the contract as a change
order in accordance with the provisions of Section 3 of the contract specifications. The method of poyment
shall be as described for each item of
this change order.Following work is added or deleted, as appiicoble, from the contract as 0 chonge
ordelC in accordance with the provisions of Section 3 of the contract specifications. The method of payment
shall be as described for each item of
this change order.Meats Avenue from' Glassell st, to Pacific SL is added to this projecL The addition of
Meots Avenue will increase the quantities for
the
following items:Ifem
Appro:dmote Estlmote
Inc~ease (Decrease)1. Remove AC Pavement / Subgrade (
Unclassified Excavation 8" )at contract unit price bid ot $
18,00 / CY For an estimate total increase quantity of 2.200 CY $
39.600,00 2.
Additional AC Pavement at contract unit pricebid of $
37.70 / Ton For an estimate total increase quantity of 4.300 Ton $
162.110.00 3, Additional Remove and Reconstruct
PCC Curb & Gutter at contract unit price bid of $
31 ,35 / LF For an estimate total increase quantity of 500 LF $
15,675.00 4, Additional Remove and
Reconstruct PCC Driveway at contract unit price bid of $
6,35 / SF For an estimate total increase quantity of 850 SF $
5.397.50 5. Additional Adjust Manhole Frame &
Cover to Grade at contract unit price bid of $
185.00 EA.For an estimate total increase quantity at 8 EA. $
1,480,00 6, Additional Adjust / Remove and Replace
Water Valve Box and Cover to Grade at contract unit price bid
of $200 EA.For an estimate total increase quantity of :12 EA. $
2.
400.00 CITY OF ORANGE, Pl'BLIC
CONTRACT CHANGE ORDER NO. One (11 SUPPl. NO,
Date: October 4, 2004 SHEET --L OF -LSHEETS
PROJECT: SP-3492 Annual Street Maintenance Asphalt Concrete Overlav / Recomtruction atVariouslocations, FY
04-05 CITY jCOUNTY AGREEMENTS: CONTRACT NO; Bid
No, 045-03 7, Additional 5' x 5'
Traffic Loop Detectors at contract unit price bid
of $200 EA.For an estimate total increase quantity of 6 EA. $
1,200.00 8. Additional Striping, Legends
and Pavement Markers at agreed total cost of $3,000 $
3,000,00 Original Contract Amount: $ 1,
369,798.00 Previous Contract Change Orders
Amount: $0.00 This Contract Change Order Amount: $
230,862.50 New Contract Amount: $ 1,
600,660.50 Change from Original Contract Amount:
16.8,0%Original Contract Date:
September 3, 2004 Original Contract Time: Ninety (90) Calendar Days Original Completion Date:
December 18, 2004 Time Extension of this C.O.: Fourteen (14) Calendar Days Total Contract Time Extension: Fourteen (14) Calendar Days Revised Final Completion Due Date:
January 1, 2005
Submitted by: Date:
Approval Recommended: Date:Approved: City
Engineer
by: Date:The compensation (time and cost) set forth in this Change Order constitutes the totalcompensationduetheContractor, all Subcontractors and al/ suppliers, for the work or change defined in this
Change Order,including al/ impacts on any unchanged work. By signing this Change Order,
the Contractor acknowledges and agrees, on behaif of himself, all Subcontractors, and all suppiiers, thatthestipulatedcompensationincludespaymentforallworkcontainedinthisChangeOrder, plus 01/ payment
for the interruption of schedules, extended overhead C03tS, deiays, and all impacts, ripple effects
or cumulative impacts on all other work under this Contract. Tile signing of this Change Order shall indicate
that the Change Order constitutes a full mutual accord and satisfaction for the change, and that the time
and/or cost under the Change Order constitutes the total equitable adjustment owed the
Contractor, all Subcontractors, and all suppliers, as a result of the change, The Contractor, on behalf of
himself, all Subcontractors, and all suppiiers, agrees to waiVE 01/ rights, without exception or reservotion of
any kind whatsoever, to file any further claim or request for equitable adjustment of any type, I'oranyreasonablyforeseeablecausethatshallariseoutoforasamsuitofthisChangeOrderortheimpoctofthisChangeOrderontheremainderoftheworkunderthis
Con'
CITY OF ORANGE, PUBLIC WORKS DEPARTMENT
CONTRACT
CHANGE ORDER NO. One (11 SUPPl. NO,Date:
October 4, 2004 SHEET -L OF -L.SHEETS PROJECT:
SP-3492 Annual Street Maintenance Asphalt Concrete Overlav / Reconstruction at Various
locations FY 04-
05 CITY jCOUNTY AGREEMENTS: CONTRACT NO: Bid No,
045-03 We, the undersigned Contractor, have given carefui consideration to the change proposed
and hereby agree, if this proposal is approved, that we will provide all equipment, fumish all materiols, except
as may otherwise be noted above, and perform all services necessary for the work above specified,
and will accept as full payment. including all overhead, therefore the prices
shown above,Accepted
Date Contractor
By: Tille if the Contractor does not sign acceptance of this order, his attention is directed to the requirements
of the specifications as to proceeding with the order work and filing a written protest within the
time