RES-9933 Cooperation Agreement For Demolition of Certain BuildingsRESOLUTION NO. 9933
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY RELATING TO THE
DEMOLITION OF CERTAIN BUILDINGS ON
PROPERTY LOCATED AT 164 AND 170 SOUTH
WATER STREET, AND RELATED WORK; AND
APPROVING THE AWARD OF A CONTRACT FOR
BID NO. 045-20 TO ALLIANCE
ENVIRONMENTAL GROUP,
INC.WHEREAS, the City Council of the City of Orange, acting pursuant to the
provisions of the Community Redevelopment Law of the State of California (Health & Safety
Code Section 33000 et seq.; herein referred to as the Law), has activated the Orange
Redevelopment Agency, a public body, corporate and politic (the Agency), and declared itself to constitute
the Agency;
and WHEREAS, pursuant to the Law, the Agency is carrying out thf: Redevelopment
Plan for the Orange Merged and Amended Redevelopment Project Area (the
Redevelopment Project);
and WHEREAS, the Agency owns certain real property, including six (6)
buildings,parking areas, landscaping and other permanent improvements, commonly known as 164
and 170 South Water Street in the City of Orange (the Agency Property), which Agency
Property was formerly owned and used by the Orange County Fire Authority for, among other things,
a fire station personnel training center, a communications center, offices and a warehouse;
and WHEREAS, the Agency Property is located within the Agency's Orange Merged
and Amended Redevelopment Project Area (the Redevelopment Project);
and WHEREAS, the City owns certain real property located across South Water
Street from the Agency's Property, generally consisting of ten (10) buildings, parking
areas,landscaping and other permanent improvements and commonly known as 105, 125 and
145 South Water Street (the City Property), which City Property was formerly owned and used
by the Orange County Fire Authority for, among other things, vehicle/equipment repair
and storage facilities, offices, warehouse and offices;
and WHEREAS, the Agency desires to demolish four of the six buildings on the
Agency Property for health and safety reasons pending its redevelopment;
WHEREAS, the City desires to demolish six of the ten buildings on the City Property
for health and safety reasons pending the preparation of plans to redevelop a portion of the City
Property as a fire station and the balance thereof for the expansion of the City's Water Division
facilities; and
WHEREAS, the City is willing to cooperate with the Agency by contracting for
demolition of the aforementioned buildings on the Agency Property and related work in
conjunction with similar work to be performed by the City on the City Property, after
competitive bidding, upon the condition that the Agency reimburse or pay the City for the
Agency's proportionate share of the cost thereof; and
WHEREAS, the City Council acknowledges that undertaking the desired demolition
work for both the Agency Property and the City Property at the same time may be more cost-
effective than if the City and the Agency were to separately undertake said work after
competitive bidding; and
WHEREAS, Section 33220 of the Community Redevelopment Law authorizes any
public body, including the City, to aid, assist and cooperate in the planning, undertaking,
construction and operation of redevelopment projects by, among other things, entering into
agreements with the Agency respecting action to be taken pursuant to any of the powers granted
to the Agency by the California Community Redevelopment Law; and
WHEREAS, among the powers granted to the Agency by the Community
Redevelopment Law is the power to demolish structures for the purpose of implementing the
Redevelopment Plan for the Redevelopment Project; and
WHEREAS, the City desires to conduct the demolition of certain buildings and
improvements on the City Property and the Agency Property, in accordance with specifications
prepared therefor by the City and more particularly described in the bid package for Bid
Number 045-20 (Special Project 3502) prepared by the City and circulated to bid
proposers,which bid package is on file as a public record in the Office of the City Clerk and
is incorporated herein by this reference (herein referred to as the Project) ;
and WHEREAS, in furtherance of the Redevelopment Project, the Agency and the
City desire to enter into a Cooperation Agreement in the form presented at this meeting (
the Cooperation Agreement), pursuant to which the City will cause the Project to be performed
and completed, and the Agency will pay the City for its proportionate share of the costs of
the Project, as more particularly set forth in the Cooperation Agreement between the City and
the Agency;
and WHEREAS, as the lead agency under the California Environmental Quality
Act CEQA), the City Council has previously determined that the Project is within that class
of projects which consists 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 Project will not cause a significant effect on the environment and
is,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 Cooperation Agreement and believes that the Cooperation 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 the Law or any other applicable State and local law and
requirements; and
WHEREAS, pursuant to notice provided according to law, bids for the Project have been
received, publicly opened, declared and evaluated; and
WHEREAS, the City Manager reports that the lowest responsible bid for the Project was
received from Alliance Environmental Group, Inc., that the bid is as set forth below, and he
recommends that the bid be accepted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. The City Council hereby consents to the undertaking of the Project in
accordance with the Cooperation Agreement.
Section 3. The City Council hereby finds and determines that the terms and
provisions of the Cooperation 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 Cooperation Agreement on behalf of the City.
Section 4. The lowest responsible bid for the Project is Alliance Environmental
Group, Inc., whose address is 990 West Tenth Street, Azusa, CA 91702, and whose total
lump sum price of $118,600.00 for the Project is accepted and, accordingly, the contract for
Bid No. 045-20 (Special Project 3502) is awarded to Alliance Environmental Group,
Inc.,which is hereby
approved.Section 5. The Mayor is hereby further authorized and directed to execute,
and the City Clerk to attest, the contract with Alliance Environmental Group, Inc., together
with any and all documents necessary and appropriate to carry out and implement said contract
on behalf of the
City.Section 6. 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 Cooperation Agreement and the award of the contract for the Project
are ratified and
approved.
ADOPTED this 14th day of December, 2004.
Mark A.
ATTEST:
ge
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 14th day of December, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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