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RES-OB-0034 Pavement Coatings Company Contract ApprovalRESOLUTION NO. OB-0034 AN AMENDMENT TO RESOLUTION NO. OB-0015 (A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING AN AWARD OF CONTRACT TO PAVEMENT COATINGS CO., FOR BID NO. 123-14; SP-3826; SLURRY SEAL AT VARIOUS SUCCESSOR AGENCY OWNED PARKING LOTS) AUTHORIZING A REVISED PROJECT BUDGET OF $154,701.00. WHEREAS, Assembly Bill xl 26 ("AB 26") and AB xl 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 and added Part 1.8 and Part 1.85 of Division 24 to the California Health and Safety Code; and WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency the "Agency") was dissolved as of February 1, 2012; and WHEREAS, Assembly Bill 1484 ("AB 1484") was passed by the State Legislature on June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends certain provisions contained in AB 26, including the process for adopting Recognized Obligation Payment Schedules; and WHEREAS, California Health and Safety Code 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 of Orange declared itself 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, California Health and Safety Code Section 34171(d)(1)(F) includes in the definition of enforceable obligation any contracts necessary for the administration or operation of the Successor Agency including the costs of maintaining assets prior to disposition; and WHEREAS, on November 14, 2012, the Oversight Board adopted Resolution OB-0015 which approved an award of contract to Pavement Coatings, Co., in the amount of 140,637.00 for parking lot maintenance and repair at seven parking lots owned by the Successor Agency; and WHEREAS, due to an oversight, Resolution OB-0015 did not include a 10% contingency in the amount of$14,064 to be added to the project cost, for a total project budget of$154,701; 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 resolves to amend Resolution OB-0015 to revise the amount of the project budget to include the 10% contingency, for a total project budget of$154,701 for maintenance and repair at seven parking lots owned by the Successor Agency. Section 4. The Executive Director of the Successor Agency is hereby authorized to take such actions as are necessary to grant this approval and to administer the Successor Agency's obligations, responsibilities and duties to be performed under the Contract with Pavement Coatings, Inc. Section 5. The Clerk of the Oversight Board shall certify to the adoption of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. ADOPTED this 10t" day of April, 2013. arolyn . avec e airp so of t e Oversight Board to the Successor Agenc o he Orange Redevelopment Agency ATTEST: 1 C E 4; ?" Mary . rphy Clerk of the Oversight Board 2 I hereby certify that the foregoing Resolution was duly and regularly adopted by the Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the l Oth day of April, 2013, by the following vote: AYES: BOARDMEMBERS: Reml and, Davert, Buttress, Cavecche, Schul ze, Yarbrough NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Chri stensen ABSTAIN: BOARDMEMBERS: None C C''. Mary E. rphy Clerk of the Oversight Board 3