HomeMy WebLinkAboutOB Res 13-01 2013-02-05 RESOLUTION NUMBER OB13-01
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY RECONSIDERING ITS APPROVAL
OF RESOLUTION NO. 0812-10 PURSUANT TO CALIFORNIA
HELATH & SAFETY CODE SECTION 34163(b) AND
APPROVING CONTRACTS APPROVED BY THE SUCCESSOR
AGENCY FOR THE FINAL STAGES OF THE MARINA DRIVE
STORM DRAIN IMPROVEMENTS PROJECT NO. SD1201 WITH:
BUBALO CONSTRUCTION COMPANY; PSOMAS; CASULAS
CONSTRUCTION SERVICES; AND ASSOCIATED SOILS
ENGINEERING
RECITALS:
1. By Resolution, this Oversight Board approved the costs associated
with the installation of the subject 10 Year storm drain improvements as an
enforceable obligation of the Successor Agency to the Seal Beach
Redevelopment Agency ("SA" or "Successor Agency") during the ROPS II period
(July — December 2012).
2. By letters dated April 27, 2012 and May 27, 2012, the California
Department of Finance ("DOF") approved the costs associated with the
installation of the subject 10 Year storm drain improvements as an enforceable
obligation of the SA during the ROPS II period (July — December 2012).
3. Existing SA funds for the Project have been placed into a special
storm drain improvement account.
4. On December 11, 2012 this Oversight Board adopted Resolution
0612-10 to approve contracts for the final stages of the project.
5. By letter dated January 28, 2013, DOF objected to the Oversight
Board's approval of Resolution 0612-10 and has returned such action to the
Oversight Board for reconsideration.
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The 2008 Master Plan of Drainage Update for Seal Beach identified
high priority locations for storm drain improvements. The Seal Beach City
Council approved the priority list on November 10, 2008. Due to flooding issues
in the area, the highest priority listed is this Project, within the Project Area for the
former Redevelopment Agency. The subject area has suffered chronic floods,
and staff has implemented a number of flood control measures over the last 10
years. The proposed work is the culmination of such measures. Exhibit G to the
staff report is photographic evidence of a recent flooding incident.
Section 3. State redevelopment law prior to AB 26 X1 provided that the RDA
could pay for the costs associated with the installation of public improvements
within the Project Area, such as storm drains. The RDA's 2009-10 — 2013-14 5
Year Implementation Plan specifically identified the improvement and upgrading
of public facilities and infrastructure within the Project Area, including drainage
facilities.
Section 4. Upon the dissolution of redevelopment agencies, AB 26 X1
required each successor agency to submit to the oversight board and then to
Resolution Number 0813-01
DOF a Recognized Obligation Payment Schedule ("ROPS") for each six month
period (from January to June and from July to December) listing the successor
agency's "enforceable obligations" to be paid during that six month-period. Both
this Oversight Board (by Resolution SA12-09) and the California Department of
Finance (by letter dated May 27, 2012) approved the costs associated with the
installation of this public improvement as an enforceable obligation of the
Successor Agency during the ROPS II period (July — December 2012).
Section 5. In addition to being within the former RDA Project Area, the project
is within the Coastal Zone. Thus, SA staff submitted the project to the Coastal
Commission for its review prior to installation within the Coastal Zone. Such
review may take up to one year. On September 26, 2012, the Coastal
Commission issued a notice of waiver.
Section 6. Additional services are needed to complete the final stages of the
Project. After advertising for competitive bids, the Successor Agency selected
Mike Bubalo Construction Co., Inc. as the lowest responsive bidder at
$1,292,953.00, an amount considerably lower than the engineer's estimate, for
construction services. In addition, the Successor Agency selected: PSOMAS
(which designed the Project) to provide additional design services and
construction management; Casulas Construction Services to review and approve
submittals, RFI's and shop drawings, attend field meetings as necessary, and
provide final As-Built Record Drawings; Casulas for inspection services at an
hourly rate of $65.00; and Associates Soils Engineering, Inc. to provide materials
and soils testing.
Section 7. Timely completion of this project is necessary to prevent potential
threats to public health, safety and welfare.
Section 8. The DOF objection fails to consider the following factors:
A. This project was approved as part of the 2008 Master Plan of Drainage.
B. This project was identified in the Redevelopment Agency's "2009-10 —
2013-14 5 Year Implementation Plan.
C. DOF approved storm drain improvements in the amount of $1.8 million
dollars as an enforceable obligation for the Recognized Obligation
Payment Schedule for the period of July through December, 2012 period
(ROPS II, item 14).
D. In reliance upon DOF's April 27, 2012 determination letter, the Successor
Agency has incurred substantial expenditures, both in payments to
consultants and in staff and attorney costs, in its efforts to complete the
project prior to the rainy season.
Section 9. Based upon the foregoing, the Oversight Board has reconsidered
its approval of Resolution OB12-10.
Section 10. Based upon the foregoing, the Oversight Board hereby approves
the following actions taken by the SA:
A. Awarding a contract to Mike Bubalo Construction Inc. in the amount of
$1,292,953 for construction;
B. Awarding a professional services agreement with PSOMAS for additional
design and construction support services;
C. Awarding a professional services agreement with Casulas Construction
Services for inspection services; and
Resolution Number 0813-01
D. Awarding a professional services agreement to Associated Soils
Engineering, Inc. for soils and materials testing services.
Section 11. The staff and the Board of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they
may deem necessary or advisable to effectuate this Resolution.
PASSED, APPROVED AND ADOPTED by the Oversight Board at a meeting
held on the 5th day of February , 2013.
/ '
AYES: Board Members: . Ana les ',tea Mike 4J4 " '
NOES: Board Members: V,9r.,
ABSENT: Board Members: Me,cr„P.71
ABSTAIN: Board Members: nkit/
CHAIR, OVERSIGHT BOARD
ATTEST:
r\
IA,ai..0 ,ILeI .
S C ETARY, OVERSIGHT BOARD
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, Secretary to the Oversight Board, hereby certify that the
foregoing resolution was duly adopted at a meeting of the Oversight Board, held
on the 5th day of February , 2013.
04.Ara /J/ui
SE ETARY, 0 ERSIGHT BOARD