RES-ORA-0438 Cooperation & Reimbursement Agreement For Reconstruction Meats Ave.RESOLUTION NO. ORA-
0438 A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE ORANGE REDEVELOPMENT
AGENCY APPROVING AND AUTHORIZING
THE EXECUTION OF A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH
THE CITY OF ORANGE FOR THE
RECONSTRUCTION OF MEATS AVENUE 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 Meats Avenue between Glassell Street and Pacific
Way within the Project Area; such rehabilitation 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 Project Area (the Agreemc:nt) 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 Improvemc:nts 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 detennined 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 purposesD:Jr 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 will 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); and 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
WHEREAS, the Agency's financial partIcIpation in the construction of the Public
Improvements will assist in the elimination of one or more blighting conditions inside the Project
Area.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Orange
Redevelopment Agency as follows:
Section 1. The Agency hereby determines that the Agreement is of benefit to the Project
Area, that no other reasonable means of financing the actions contemplated by the Agreement are
available to the community, and that I.he Public Improvements will assist in the elimination of
one or more blighting conditions lnside the Project Area and are consistent with the
Implementation Plan adopted for the Project Area.
Section 2. The Agency 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 1530 I 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 Agency Clerk, is hereby approved, and the Agency Chairman is authorized and directed
to execute said Agreement on behalf of the Agency.
Section 4. Agency 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 Agency.
ADOPTED this 26th day of October, 2004.
M!1Jlt /J1d!K
Chairman of the Orange ReLv~opment Agency
2
ATTEST:
1 '
f . '-,' /
v'''- t- -(.
C ,
C_ <'
1___ . )/
Mary E. MurphY .. t:--Clerk of
the Redevelopment Agency I, MARY
E. MURPHY, Clerk of the
Orange Redevelopment Agency, Orange, California do hereby certify that the foregoing Resolution
was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof
held on the 26th day of October, 2004, by the following vote:AYES:NOES:ABSENT:ABSTAIN:DIRECTORS:
Ambriz, Alvarez,
Murphy,
Coontz,
Cavecche
DIRECTORS:
None DIRECTORS: None DIRECTORS: None M~; ~.~;;
lyi \. C,(
Clerk of
the Orange
Redevelopml~t'
Agency
3
EXHIBIT B
DESCRIPTION OF PUBLIC IMPROVEMENTS
Beneath this sheet.]
CONTRACT CHANGE ORDER NO. One (1) SUPPl. NO.
Dote: October 4, 2004 SHEET _..L. OF -l SHEETS
PROJECT: SP-3492 Annual Street Maintenance Asphalt Concrete Overlay / Reca.nstruction atVoriouslocations. FY
04-05 CITY
jCOUNTY AGREEMENTS; CONTRACT NO; Bid
No. 045-03 To
AllAmericanAsphaltContractor)You are hereby directed to make the herein described changes from the plans andspecificationsordothefollowingdescribedworknotincfudedintheplansandspecificationsonthiscontract.NOTE: This chance order is not effective until approved bytheCityEnaineer.Description of work to be done. estimate of quantities, and prices to bepaid. Segregate between additional work ot contract price. agreed price ond force account. Unless othecNisestated, rates for rental of equipment cover only such time os equipment is actually used ond no ollowonce willbemade
for idle time.Chance reauested by:
Citv of Oranae Following work is added or deleted, as applicable, from the contract as 0 changeorderinaccordancewiththeprovisionsofSection3ofthecontroctspecifications. The method of poymentshollbeosdescribedfareachitemof
this change order.Following work is added or deleted, as applicable, from fhe contract os 0 change ord(~r in accordance with the provisions of Section 3 of the contract specifications. The method of poymentshallbeosdescribedforeachitemof
this change order.Meats Avenue from Glossell St. to Pacific Sf. is added to this project. The addition ofMeotsAvenuewillincreasethequantitiesfor
the
following items:
Item Approximate
Estima1e Increase (Decrease)t. Remove AC Pavement / Subgrade (Unclossified Excavation 8"' )at contract unit price bid of $
18.00 / CY For on estimate totol increase quantity 012,200 CY $
39.600.00 2.
Additianol AC Pavement at contract unit pricebid of $
37.70 / Ton Far on estimate total increase quantity 01 4,300 Ton $
162,110.00 3. Additional Remove and Reconstruct
pce Curb & Gutter at controct unit price bid of $
31.35 / LF For on estimate total increase quantity of 500 LF $
15,675.00 4. Additional Remove andReconstructPCCDrivewayatcontractunitpricebidof $
6.35 / SF For on estimate total increase quantity of 850 SF $
5,397.50 5. Additional Adjust Manhole Frome &
Cover to Grode at contract unit price bid of $
185.00 EA.For on estimate total increase quantity of 8 EA. $
1.480.00 6. Additional Adjust / Remove and Replace
Water Valve Box and Cover to Grode at contract unit price bid
of $200 EA.For on estimate total increase quantity of t 2 EA. $
2.400.00 CITY OF ORANGE,
CONTRACT CHANGE ORDER NO. One(1) SUPPl. NO.
Date: October 4, 2004 SHEET _-1... OF _L SHEETS
PROJECT: SP-3492 Annual Street Maintenance Asphalt Concrete Overlay / Reconstruction atVariouslocations. FY
04-05 CITY/
COUNTY AGREEMENTS: CONTRACT NO: Bid
No. 045-03 7. Additional 5" x 5'
Traffic Loop Detectors at contract unit price bid
of $200 EA.For on estimate total increase quantity
of6 EA. $
1.200.00 8. Additional Striping, Legends
and Pavement Markers at agreed total cosl
01 $3.000 $
3,000.00 OriginalContract Amount: $ l.
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 Dote:
January 1.
2005
SubmiHed by:
Date:
Approval Recommended: Date:Approved: City
Engineer
by: Dote:The compensation (time ond cost) set forth in this Change Order constitutes the totalcompensationduetheContractor. all Subcantroclars and all suppliers, tor the work or change defined in thisChangeOrder.including 011 impacts an any unchanged work. By signing this Change Order. the Controctor acknowledges and ogrees. on behalf of himself. 011 Subcontroctors. and 011 suppliers, tllotthestipuloledcompensationincludmpaymentforallworkcontainedinthisChangeOrder, plus oil paymenttortheinterruptionofschedules, extended overhead costs, deloys. ond 011 impacts. ripple effectsorcumulativeimpactsonoilotherworkunderthisControct. The signing of this Change Order sholl indicatethattheChangeOrderconstitutes0fullmulualaccordondsatisfactionforthechange. ond thot the timeand/or cost under the Change Order constitutes the tatol equitable adjustment owed IheContractor, 011 Subcontractors, and oil suppliers, os 0 result of the change. The Contractor, on behalf ofhimseif, 011 Subcontractors. ond 011 suppliers, agrees to woive 011 rights, without exception or reservotion 01anykindwho/soever. to file any further claim or request for equitable adjustment of any type, foranyreasonoblyforeseeablecousethatshollariseoutoforOS0resultofthisChangeOrderortheimpoetof
this
Change I Order on the remainder of the work under
CONTRACT CHANGE ORDER NO. One f1l SUPPl. NO.
Date: October 4. 2004 SHEET --L OF _-L SHEETS
PROJECT: SP-3492 Annual Street Maintenance Asphalt Concrete Overlay I Reconstruction otVariouslocations, FY
04-05 CITY/COUNTY AGREEMENTS: CONTRACT NO; Bid
No. 045-03 We, the undersigned Contractor. have given caretul consideration to the changeproposedandherebyagree. if this proposol is approved, that we will provide all equipment, furnish all materials, except os moy otherwise be noted above. ond perform all services necessary for the work obovespecified. and will accept os full payment. including all overhead. therefore the
prices shown
above.
Accepted Dafe
Contractor By: Title If the Contractor does not sign occeptance of this order, his attention is directed to therequirementsofthespecificationsastoproceedingwiththeorderworkandfilingawrittenprotestwilhlnthe
time therein specified.CITY OF ORANGE,