Loading...
RES-OB-0069 Metrolink Parking Structure ApprovalRESOLUTION NO.OB -0069 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 AND LPA, INC., ASSOCIATED WITH ARCHITECTURAL DESIGN AND ENGINEERING SERVICES FOR THE METROLINK PARKING STRUCTURE, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, Assembly Bill x1 26 ( "AB 26 ") and AB x1 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 ( "HSC ") and added Part 1.8 and Part 1.85 of Division 24 to the HSC (AB 26, together with amendments and supplements to such HSC 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, HSC 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 (the "Project "), 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. (the "Consultant ") to perform architectural design and engineering work related to the Project; 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, in order to address various issues that have arisen with respect to the Project, including among other things, delays resulting from the Agency's dissolution and requests by the Federal Transportation Administration and the State Historic Preservation Office, 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, while the First Amendment does not affect the not -to- exceed amount of fees payable to Consultant under the LPA Consultant Agreement, it is estimated that, as identified in Exhibit A of the First Amendment, the total dollar amount payable for the Consultant's services to be rendered pursuant to the revised scope of services will be less than the total dollar amount which would have been rendered under the original scope of services; and WHEREAS, the First Amendment is in furtherance of the Successor Agency's performance of its obligations under the OCTA Agreement; and WHEREAS, the Successor Agency's non - performance of its obligations under the OCTA Agreement (or further delays thereof) would increase the Successor Agency's liability and, accordingly, potentially result in a decrease of revenues available for disbursements to the taxing entities in light of the increased liability; and WHEREAS, the Oversight Board is adopting this Resolution to approve the First Amendment, and make related findings per HSC Section 34181(e); 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 hereby finds and determines that, for the purposes of HSC Section 34181(e), it is in the best in the best interests of the taxing entities for the Successor Agency to enter into the First Amendment. Reso. No. OB -0069 2 Section 4. 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 Project. Section 5. The Executive Director of the Successor Agency is hereby authorized and directed, for and on behalf of the Successor Agency, to execute the First Amendment, in substantially the form presented to the Oversight Board and on file with the Clerk of the Oversight Board, and sign all documents necessary and appropriate to carry out and implement the First Amendment. Section 6. 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 7. The Clerk of the Oversight Board shall certify to the adoption of this Resolution. ADOPTED this 27th day of January, 2016. ATTEST: r . Mary E. M by Clerk of the Oversight Board C-)r ¢d- Teresa t. Smith Chairperson of the Oversight Board to the Successor Agency of the Orange Redevelopment Agency Reso. No. OB -0069 3 I, MARY E. MURPHY, Clerk of the Oversight Board, City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the 27 day January, 2016, by the following vote: AYES:BOARD MEMBERS: NOES:BOARD MEMBERS: ABSENT:BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: A f G ir'L C1C rV ~'r Mary Ejpurphy Clerk o the Oversight Board Reso. No. OB -0069 Act, -% 55. f FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (the "First Amendment ") is made and entered into as of October 15 , 2015, by and between the SUCCESSOR AGENCY to the Orange Redevelopment Agency, a public body, corporate and politic Successor Agency "), and LPA, Inc., a California Corporation—(herein referred to as the Consultant "), with its principal office for purposes of this First Amendment at 5161 California Avenue, Suite 100, Irvine, California 92617 and with reference to the following: A. The Orange Redevelopment Agency and the Consultant entered into that certain Consultant Services Agreement (Agreement No. 5655) dated as of November 15, 2010, which is incorporated herein by this reference (the "Original Agreement "); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement, except that all references to "Agency" now refer to "the SUCCESSOR AGENCY to the Orange Redevelopment Agency, a public body, corporate and politic ( "Successor Agency ") ". Section 2. Revised Scone of Services The Scope of Services, Exhibit A to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 3 . Chanee Orders. The Executive Director is authorized to sign on his own authority amendments and /or change orders to this Agreement which are of routine or technical nature. Section 5. Integration This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. CONSULTANT" LPA, Inc., a California corporation By: Name: Robe O. Kuppe r Title: Chief Executive Of SUCCESSOR AGENCY" SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY, a public body, corporate and politic By: Teresa E. Smith, Chairperson B N ame: Jame . el Title: Secretary f, K APPROVED AS TO FORM: A Wa W. Winthers, General Counsel ATTEST: JIM Mary E. Murphy, Agency Clerk NOTE : The Agency requires the following signature(s): 1) the Chairman of the Board, the President or a Vice - President, AND 2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. Sf only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, cartifiad by the Secratary close 2 OVERSIGHT BOARD APPROVAL The Oversight Board of the Successor Agency to the Orange Redevelopment Agency hereby approves the request by the Successor Agency to enter into this Agreement. OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY, a public body, corporate and politic By: Lttdir c• Name: le - - P - APL 6 S6ZA Its: Date: /o //y DEPARTMENT OF FINANCE APPROVAL Pursuant to California Health and Safety Code Section 34179(h), California Department of Finance approval of the action by the Oversight Board of the Successor Agency to the Orange Redevelopment Agency was granted (or deemed granted) on C%AcAge N - 12015. EXHIBIT "A" REVISED SCOPE OF SERVICES Original Scope of Services for Phase I (Design) Amount Plus/Minus 1) Add Photovoltaic Design West Chapman Parking Lot 5,000 2) Add Photovoltaic Design Concepts at Lemon Street Parking Lot 5,000 3) Eliminate Residential Component 53,026 4) Eliminate West Chapman Retail 40,000 5) Add additional design concepts for both structures 10,000 6) Add additional public outreach meetings 30,000 7) Delete West Chapman Parking Structure 740,002 8) Prepare design for Temporary Parking Lot at the Lemon Street Parking Lot 0 9) Reduce Public Outreach 4,700 10) Prepare additional construction cost estimates 4,700 Original Scope of Services for Phase 1 783,028) Revised Scope of Services for Phase 1 (Design) 1) Prepare Geotechnical Reports 23,980 2) Add additional design options for parking garage based on input from March 20, 2013 DRC meeting. 12,000 3) Add Depot District Parking Program Study 68,250 4) Add two additional parking design options for the restaurant and retail options for Lemon Street Retail 11,000 5) Calculate energy load, establish Photovoltaic cost offsets and study alternative Photovoltaic locations. 7,250 6) Conduct traffic counts and related traffic study support for the environmental review process 7,613 7) Prepare Tentative Parcel Map for Metrolink Parking Structure 7,600 8) Upon approval of Tentative Parcel Map, prepare Final Parcel Map for approval by the City and Count of Orange Surveyor's Office 15 800 9) Design Development Phase (adjusted cost due to project hold by State Department of Finance 11,797 10) Restart costs associated with LPA due to project delays by State Department of Finance 6,000 11) Restart costs associated with Choate due to project delays by State Department of Finance 12,000 12) Construction Document Phase to be completed by Nov 2015 (accelerated 6 -week completion date upon notice to proceed 23,594 13) Additional design services related to public and DRC comments.14,700 14) Prepare a Shade and Shadow Study 3,500 15) Adjusted cost to Plan Check Phase 2,359 16) Additional tasks associated with completion of parking management plan 16,050 17) Design, documentation of Photovoltaic installation at the parking structure and bike storage area. 68,618 Revised Scope of Services for Phase 1 312,111 Original Scope of Services for Phase 2 Construction 1) Delete Bid and Construction Support Services for Lemon Street Commercial Retail 89,497) 2) Delete Bid and Construction Support Services for Lemon Street Residential 29,420) 3) Delete Bid and Construction Support Services for West Chapman Parking Structure 178,298) 4) Delete Bid and Construction Support Services for West Chapman Retail 23,273 Original Scope of Services for Phase 2 261,648) Revised Scope of Services for Phase 2 (Construction) 1) Bid Support Services to be completed April 2016 (adjusted cost due to project delays by State Department of Finance 1,310 2) Construction Support Services (adjusted cost due to project delays by State Department of Finance 19,214 3) Manage construction of Photovoltaic installation at the parking structure and bike storage area.28,117 Revised Scope ol';Serviees for Phase ;4$,641`,