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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 E k 15 O O O go ZZ, > 4 gg 4j wl -fL, �7 I vdi, I tit i` t cl! O O O go ZZ, > 4 gg 4j wl -fL, �7 I vdi, I tit i` t O O O go ZZ, > 4 gg 4j wl -fL, �7 I vdi, I U 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