HomeMy WebLinkAboutC-1889 - Right of Way acquisition of Coast Highway & Dover DriveTO: FINANCE DIRECTOR
FROM: City Clerk
CITY OF NEWPORT BEACH
SUBJECT: Contract No. 1889
CALIFORNIA
City Flall
3300 w. Newport Blvd.
Area Code 714
DATE August 10, 1977
Description of Contract 90-W Acquisition /Coast Hwy i Dovar Drive
Authorized by Resolution No. 8955 ,_adopted on
12 -13-76
Effective
date
of Contract
12 -28 -76
Contract
with
Stato of
California Dgpartneat of Transportation
Address District 7. P.O. Dos $304
Los Angeles, CA 90051
Amount of Contract See Contract
�n
City Clerk lu
ly�r7
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 4304, LOS ANGELES 90051
Telephone: (213) 620 -3210
January 4, 1977
07 -0ra -1 17.9/18.5
Upper Newport Bay
Bridge Replacement
07209 280201
Mr. Joseph Devlin
Director of Public Works
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
Dear Mr. Devlin:
Forwarded for the City's records is one fully executed
copy of the City and State Cooperative Agreement No. 3325,
covering the acquisition of right of way for Dover Drive.
Sincerely,
Re F. BLOCKER
Chief, Project Development
Branch B
Attach.
Qn
% RECEIVED
PUBLIC WORKS
JANE 1977 a
CITY OF /
NEWPORT BEACH,
CALIF. �\
07- OR.h -1 17.3/18.5
Upper Newport Bay
Bridge Replacement
07209 - 280201
District Agreement No. 3325
C O O P E R A T I V E A G R E E M E N T
THIS AGRrFlUMT, ti.ADF AND ELATE ?FD INTO Oil TPHIS
6 7� DAY OF oec 19 A�'
BY AND SET"Wrnz
AND
CITY OF NEW-PORT BEACH
a body politic and a municipal
corporation of the State of
California, hereinafter
referred to as °CITY"
STATE OF CaLIFORN IA
acting by and through its
Business and Transportation
Agency, Department of
Transportation, hereinafter
referred to as "STATE"
�iT?vF,SSFT�?
W71FRE'AS, STATE contemplates a project to replace the
enistina upper Newport Bay Bridge on Coast Highway and to widen
2.d. ^E .a n- proach -s; and
6?-tER AS, CITY desires STATE to include as part of
STA "E' S project, T TTEVPmeIlt Of Dover Drive from Coast
Hic- Im-'ay to Cliff Drive and the modification of that portion of
Coal E]gh?Tat' {4°St of Dover L3rI V@, h4re -1— - r referred to as
�+YEPMASr CITY has an anprovel rAU Project for the
SF?_'POVEMENT and CI'I ' desires to transfer to SmAyE for the
necessary right of way acquisition these FAU funds allocated to
CITY for right of way acquisitioxs for irproveraent; and
i ^SAS,, CI'^v's obligation for right Of way s'_aall
include that portion reTaired for Dover Drive widening and
C.ITY's Pa_rtion of Coast M' 94'Wag aidening :nest of Dover Drive,
all as Shown on the attached Rxhibit 11 and shall hereinafter be
referred to as CIT`sfs obli3ation; and
F °i-F4 AS, STa"n °s ebli?ation for right cf way shall
include that P_�rtion required for the relocation of Coast Tj<,hway
between Sayside Drive and Dover ?hive and STATE'S share West of
Dover Drive as S'IMIM On attached Exhibit A; and
`"MR(,AS, CITY wishes to conform to the (Federal anal
Ctate UnifOrM, ne`socation Assistance and Feat Property ACgUisition
Policies Fact (s) , also '�-own, as (Public Law 91 -646} and California
Government Code Sections 7260 to 7274 inclusive, (respectively);
and
`V,'9r XASr Pul —Scant to California Government Code Section
7261.5, the State Unifcrr Pelocation assistance and Real Property;
Acquisition I-- :'�Ci PrOvidcs that a*_.;y public ent2ty may, in
order to Prevent Unnecessary e%..enSes and dumlicatiOrl Of functions,
and to pronote unifci r nd effective i r n stration of relocation
assist nce PrOgraMsr utilize the ssrvices Of Other° agencies hiavina
an established orcTan iation for conduoti_ng -el Ocation assistance
programs; an;
TMF -REAS, CITY Fishes STATE. to perforri certain right
of way services a-z said project; and
r-TTBRr --f STATE has qualified Right of Way personnel
and is willirn to provide these services; and
WMIFRFAS, SWATS azd CITY mutually desire to cooperate
and participate it providing for accomplishment of work as
defined herein. and desire to specify herein -�%e terms and condi-
tions Crider which rig It of way will !?e acquired and financed.
NOW, T;iYTMFORF, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follorws:
SECTION S
STATE IkGRr S :
1. To perform various right of ways services for
CITY oL tshe CITY`s portion of tale aforesaid project. Said right
of way services to be performed by S'L`ATE. are *!tore$ specifically
defined as follows:
A. uSTI.FLWITIG,
The nreDaration of Right of Way capital and
support cost estirl.ates as rewired for progran and project
planning, ,^tad ra .inc, and budgeting.
B. RLP STUDY
The pre:aration.of a Relocation, Pissistance
program Study. Said st3ey sal$i.l indicate availahillty of
sufficient replace^ent 9?rDperty for !disnlacees.
3
a
C. RIG? OF t?AY UNGINTEERITIG
The performance of necessary flight of May
Engineering services including field surveys, preparation of
appraisal maps, deeds, and other acquisition documents for use
in the acquisition of all property rights required for the CITY'S
project.
To prepare relinquishment documents, provide
condermation expert witnesses and exhibits, and perform other
Right of Wav Engineering services normally Provided for acquiring
properties and disposal of excess lands.
D. APPMkIS_ALS
The appraisal of all parcels required for
the CITs'9s project. Said appraisals shall indicate the fair
market value of the required Property rights. A signed copy
of the appraisal will be given to CITY for valuation concurrence
prior to the commencement of acquisition.
E. ACOUISITION7
The conducting of negotiations with the
property owners for acquisition of the 'property rights required
for the aforementioned project. Said negotiations shall be on
the basis of STATE'S approved appraisals. All property aeasired
shall be vested in STATE's name. Any settlement at variance
from STAT's approved appraisal roust `:aver the prior approval
olF CITY.
4
To deliver escrow instructions and necessary
fands for the purchase of the required sarcels into the acquisi-
tion escrow.
Arrange for escrow accounts and services and
obtain title reports and services as required.
Giving written notice to CITY in the evert
that it becomes necessary to acquire any required parcel through
a proceeding in eminent domain.
F.
RELOCATION ASSISTANCE
The providing of the necessary relocation
assistance services to displaced Persons, businesses, farms, and
nonprofit organizations for CITY in accordance ;with STATE and
Federal Iaxas, which are more specifically defined as follows:
1. The determination of eligibility of
displacees to receive relocation assistance payments and services.
2. The calculation of the amount of relo-
cation assistance payments to be made to eligible displ =tees.
3. The advising of displacees of their
rights to relocation advisory assistance and pal-mnts.
n. The providing of advisory assistance
to displacees in locating replacement property.
s. The providing of State claim forms to
displacees, assisting them in filing, and processing all relo-
cation claims inclucina making prompt payments.
5
�?. UTILITIES
As agent for and of CITY, ra}:e all necessary
arrangements with the owners of public or private utilities
for the removal and/or relocation of all utility facilities
Mich would Conflict with the Construction of the C ITY's project,
in accordance with applicable law, the master contracts, or fran-
chises in affect with the respective utility owners, in _C l;ld.ing
Preparation of the necessary written notices to - +'locate.
H. PROPrPTY HMAGEMIENT
Provide property management services, on
CITY's Project, which shall include,
1. Pent; manage properties, and arrange
for collection of delinquent rents, if required -.
2. Collect all rents and credit to CITY',.
account for the project.
3. Provide, prepare, and present to all
inherited tenants or grantors, and to C=TY for execution, a
standard form rental agree -ment.
4. Arrange for repair and maintenance
wor?c in conformance wit:;, the rental agreement and charge CITY's
account for said repairs.
5. $rranae for clearance, sale, and/or
demoliton of improvements, and credit to CITY's account any
revenue from the sale of iranrovements.
M.
2. TO a.ccirmal ate all Project costs in a separate
account and to furnish. CIT. m? with a detailed stat^*3L-+nt of costs
upon completion of services by STATE. on the Project.
To refund to CITY upon completion of project any
advanced funds which exceed the final accounting of expenditures
for CITY's project less eligible FAU fund share.
3. To make availa?+le for CITY's inspection complete
an ^. ad?auate aroject eo =`_ records axon ^emPletion of right of
way services.
4. To convey to CITY upon completion of construction
of improvements referred to herein, all rights, title and
interest held by STATE in and to those areas acquired by STATE
to accommodate construction of aforesaid imProvnments which lie
outside STATE's hicxYway right of way.
5. In the event that it becomes necessary to acquire
t`?roucsh proceedings it eminent domain any narcel or parcels of
right of uay required by CITY for the aforesaid inprevements,
to handle all legal, work in connection with such proceedings.
F. `mio i:'!daranifv and save CITY, its officers, agents
and emplo,veeq har^less from any and all liability for injuries
to nersons or damaoa to rronerty CaLuSe� or - eSUIting it ary
ma per from STATE's performance under thi-s Agreement, excepting
for injuries to persons or damage to property caused or resulting
from the sole _nsgligencv or willful misconduct of CITY, its
officers, agents, a=id en;Plovees.
7
SECTION 11
CITY AfMRXES
1. To deposit With ST2WIE within 30 days of receipt
of billing therefor an advance deposit in the amount of $30,000,
which amount represents 250 of the CITY's share (as described
in Section III Clause 4) of the estimated total costs to the
S2.TF for providing the Capital costs and support services for
CITY's portion of the project, (as shown on attached Mdiibit A).
The advance deposit will be made prior to the STATE's co.mxnence-
Ter_* of services. The remaining 75 to be laid in 3 ecual
quarterly payments of $30,000 each.
2. The cost of utility adjustments to be paid for
by CITY shall consist of the amount Paid by STATE for relocations
or :codifications of utilities necessitated by STATE's construction
of said facilities rewiring the change within CITY's obligation.
3. To pay STA"rwithin 30 days of receipt of final
willing at completion of project, any remaining cost due, in
excess of funds deposited by CITY as defined hereinabove.
?. To inde:cnify and save S--AT, its officers, agents
and employees harmless -from any and all liability for injuries
to persons or damage to property caused or resulting in any
manner frog, CITY's performance under this Agreement, excepting
for injuries to persons or damage to property caused or resulting
from the sole negligency or rillful misconduct of STATE, its
o -fficers, agents, and emnlovees.
8
SECTION IIT
IT IS MUTUALLY lTdDFP -TOO,D MD AGREED: .
1. Retaining wails required for IMPROXT.. .'.�'T within.
CITv's OBLIGATIOT1 will be constructed by STATE. in lieu of pur-
chasing additional right of way for CITY anse shall be considered
CITY's right of way obligation_.
2. That cor:pensation to STATE shall include:
than labor.
A. Reim- bursement for all actual costs other
D. Retnbursement for labor costs which shall
he based on the loaded hourly rates (hourly rate including
employee benefits) times the number of hours worked by each
individual performing services pursuant to this Agreement, plus
the overhead assessment attributable to such work. Each month
that assessable labor charges are incurred, the overhead assess-
ment costs will be connoted at the rate in effect during that
month.
Said overhead assessment rate shall be
determined in conformance with practices prescribed. in Chapter
11, Section: 6.2.5 of the Department of Transportation Accounting
14anual .
C. On any narcel (as shown on the attached
Exhibit A) required jointly fcr STATE's project and CITY's pro-
ject, the labor costs for support services will be split on
the same ratio as the ;parties share of the capital costs for
that parcel.
9
D. Reimbursement for costs for acquisition of
tine right of vav required for CITY's project including, but
iot limited to, the following:
1. Paym -ent to property owners for property
rights rem ired for the project.
2. Severance or other damages.
3. Pavments of relocation assistance claims.
?. Escrow Fees and Title Reports.
5. Utility Relocation Payments.
6. Reimbursement for expenses incurred
by STATE for the Clearance, Sale, and /or demolition of improve -
ments for the CITY'S project.
E. On any parcel required jointly for STATE's
project and CITY's project, the appraisals prepared by the STATE
shall show the value of thQ "Part - taken" and as a separate item
show the value of the STATE's and CITY's respective_ shares in
accordance with the attached Exhibit A.
F, It is further agreed that in the case of
the WRC0 Service Station at the intersection of mover Drive and
Pacific Coast Fighw =y, that the area re =wired for the STATE's
project (as shown on the attache; Exhibit "A ") will be appraised
as a separate parcel showing tLie value of the land and improve-
ments within the STATE's portion and any severance damages
resulting from the STATE's taking.
10
It is further agreed that the STATE's share
for this parcel shah b- the appraised value of the STP..Tr•s
portion as described above i ^cluding daIr±ages, or 50% of the
appraised value of thex entire taking, including damages, whichever
is less. Any settlement in excess of the approved appraisal will
be split by the parties in the same ratio as established by the
above procedure.
3. That should STATE incur any additional expense
on behalf of CITY necessary in carrying opt this Agreement, said
additional expense shall he Paid by CITY even trough not speci-
fically defined in this Agreement.
4. That the overhead costs and acquisition costs
to be reimbursed by the CITY shall be only the CITY's share of
the actual cost to the STATE for acquiring the right of way
recraired for the CITY's project. The remaining costs will be
Federally reimbursed to the STATE (except that the Federal
Highway Administration will not participate in the overhead
assessment applied to total labor costs and, therefore, the CITY
shall be charged with the entire overhead assessment applied
to the total labor costs).
That in the event Federal reinburserient is not
made or the Federal percentages are charged, the additional
costs will be at the CITY's. expense and in no event shall the
STATE be liable for anv costs.
li
5. That STATE will not coammence right of was* services
until appropriate Project clearances are furnished.
6. That the STATr's right of way services shall be
performed in accordance with the provisions of applicable
Federal Program Manuals and /or Federal and STATE Uniform Reloca-
tion Assistance and Real Property Acquisition Policies Acts
(RSA, Public Law 91 -646 and California Government Code Section
7260 -7274, inclusive) respectively and shall be in conforFance
to the STATE's standard operating policies as set forth in the
STAr-Mn's Right of Way Manual, Relocation Assistance Handbook and
other applicable policy documents, and in accordance with Title
21, Chapter 2 of the California Administrative Procedure Code
and the California Departnent of Transportation's Policies and
Procedures as adopted therefrom.
7. That in portions of the project to be financed
with STATE or Federal funds, all applicable procedures and.
Policies relating to the use of such funds shall apply, notwith-
standing, other provisions of this Agreement.
S. That in FEDERAL or STATE assisted projects, the
forms applicable to the Granting Agency shall be employed.
9. That in the event of an appeal by a c?isplacee of
a relocation assistance eligibility determination or payment
amount, the STATE Department of Transportation, Relocation
Housing Appeals Board, will investigate and consider the basis
for the appeal at the first level of appeal and rake a
12
recorzmendation for disposition to CITY. The final determination
of any appeal shall be made by CITY. STATE shall administer
relocation assistance in accordance with CITY's final appeal
determination.
10. That if suitable replacement housing is not
available for any potential displacee, as required by law, STATE
shall irmediately notify CITY of this situation. CITY's decision
to proceed with the project will carry with it the responsibility
of CI?Y to authorize preparation of a "Last Resort Housing" plan
for making the required h ousing available and implementation of
the proposed plan. This may be accomplished by a separate
Agreerent %v-ith STATE.
11. That in the acquisition of right of way pursuant
to this Agreement, should it become advantageous to acquire an
entire parcel of real property to avoid payment of nigh severance
arages, STATE shall acquire the entire parcel subject to CITY's
approval and CI>`Y agrees to accept title to property so acquired.
12. That the provisions of this Agreement may be
modified, altered, or revised with the written consent of both
parties hereto.
13. At a later date, but prior to advertising for
bids on ST TE's aforementioned improvements, a spearate Cooperative
Agreement covering details involved in t':e construction cost
apportionment will be negotiated.
13
14. That aprraisal and accuisition of rights of way
by STATE` for CITY pursuant to this Agreement will begin. only
after the Federal FlIghway Administration approves the major
6esian features of the project and the Final. Environmental
Impact Statement for the project.
15. That this Agreement will terminate upon, completion
of services referred to herein or upon either party giving 33
days written notice to the other party, whichever occurs first.
If terrination occurs prier to completion of services, STATE
will nrovide CITY with the status of all individual parcels.
CITY will be liable for any obligations entered into by STATE
on behalf of the CITY and any costs incurred by STATE up until
the tire of terminatz-1n, including costs of termination services.
15. That obligations of STATE under the terms of
this agreement are subject to the allocation of funds, gay the
California Highwav Com fission.
14
I1S UrIM ESS MHEP,EOP, the parties hereto have caused
this Agre mrent to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective as
of the day, month and near hereinabove written.
STATE: OF CALIFORNIA CITY O. NEWPORT BEACH
Department of Transportation
Business and Transportation I.gency
Ai :IANA GTANTL CO
Director of Transportation
Attest
ry D' strlpt I?zre er�'�
Approved as to Foray and
Procedure
1
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15
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December 17, 1976
MEMO TO THE FILE:
Ll
Original & copies to Donn Webb for transmittal to State for execution.
RESOLUTION NO. 8 955
4b
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN.THE CITY OF NEWPORT BEACH AND THE
STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTA-
TION (CALTRANS) FOR RIGHT -OF -WAY ACQUISITION
ON COAST HIGHWAY AND DOVER DRIVE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain cooperative agreement
between the City of Newport Beach and the State of California,
Department of Transportation (CALTRANS) in connection with
providing for right -of -way acquisition on Coast Highway and
Dover Drive; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said contract;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 13th day of December , 1976.
ATTEST:
City Clerk
Mayor
DDO /bc
12/8/76