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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