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HomeMy WebLinkAboutC-2560 - Right-of-Way Services Agreement for the Acquisition of Property Needed to Widen Pacific Coast Highway between Bayside Drive to MacArthur Boulevardf CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE:. April 11, 1986 SUBJECT: Contract No. C -2560 OFFICE OF THE CITY CLERK (714(640 -2251 L(U� // Description of Contract R/W Services Agreement (Coast Highway Widening, Bayside Drive to Jamboree Road) Effective date of Contract April 7. 1986 Authorized by Minute Action, approved on March 24, -1986 Contract with State of California Address Business, Transportation and Housing Agency Department of Transportation Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL CITY OF NEWPORT REACH MAR 24 1986 APPROVED March 24, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(b) SUBJECT: COAST HIGHWAY WIDENING, BAYSIDE DRIVE TO MacARTHUR BOULEVARD RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Local Agency /State Agreement to provide the necessary right of way supervision for the acquisition of property needed to widen Coast Highway. DISCUSSION: • On September 23, 1985, the City Council authorized staff to solicit proposals from prospective consultants for the preparation of appraisal services and all other right -of -way acquisition functions to widen Coast Highway fronting the De Anza Bayside Village Mobile Home Park. Implementation of the project requires acquisition of 26 mobile homes and certain leasehold interests. The underlying fee title will be dedicated by The Irvine Company. City staff is currently interviewing the prospective consultants and will submit to the Council, for approval at a future date, a Local Agency/ Consultant Agreement to do the necessary right -of -way functions as required by Caltrans and the Federal Highway Administration (FHWA). Although Caltrans and FHWA have authorized the use of private con- sultants to do all the right -of -way activities, the monitoring of these activi- ties can only be performed by a prequalified agency such as Caltrans. Monitoring is the process whereby the State reviews local agency right -of -way practices to assure substantial compliance with applicable Federal and State regulations prior to right -of -way certification. All local agency highway -aid program projects (Coast Highway Widening) shall be monitored whenever Federal funds participate. • To comply with the aforementioned requirement, a Local Agency /Caltrans Right -of -Way Services Agreement has been prepared. The major component of the scope of services to be provided by Caltrans is the supervision of the following functions: 1. Right -of -way Housing Study 2. Replacement Housing Valuation 3. Appraisals March 24, 1986 Subject: Coast Highway Widening, Bayside Drive to MacArthur Boulevard • Page 2 4. Acquisition 5. Relocation Assistance The estimated fee for Caltrans to oversee the right -of -way functions is $9,400. This cost would not include any disposition of Relocation Appeals since the number of displacees exercising their right to appeal cannot be deter- mined at this time. This agreement can be funded from City Gas Tax funds. Benjamin B. Nolan Public Works Director HH:jd • R/W SERVICES AGREEMENT District 7 CITY OF NEWPORT BEACH Pacific Coast Highway Bayside Drive to Jamboree Rd. FAU M- 5001(22) District Agreement No. 07 -C307 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF A 19'r BY AND BETWEEN "MNED CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as "STATE" W I T N E S S E T H WHEREAS, CITY wishes to widen and improve Pacific Coast Highway, State Route 1, from Bayside Drive to Jamboree Road, hereinafter referred to as project, which will require the acquisition of real property in conformance with applicable Federal and State policies and procedures; and WHEREAS, pursuant to California Government Code Section 7261.5, the State Uniform Relocation Assistance and Real Property Acquisition Policies Act provides that any public entity, in order to prevent unnecessary expenses and duplication of functions and to promote uniform and effective administration of relocation assistance programs, may utilize the services of other agencies having an established organization for conducting relocation assistance programs; and WHEREAS, pursuant to Streets and Highways Code Section 134, 822.5 and 2116, STATE is authorized to enter into agreements to provide necessary right of way services to local agencies for the acquisition of property needed for local street and road purposes; and WHEREAS, the STATE has a Right of Way Staff certified to do the right of way work as required by applicable State and Federal Uniform Relocation Assistance and Real Property Acquisition Acts; and WHEREAS, the CITY desires to have STATE provide necessary right of way services; and -1- M WHEREAS, the STATE is agreeable to providing right of way services to the CITY with the understanding as provided hereinafter; and WHEREAS. STATE and CITY desire to define the rights and responsibilities of the parties hereto, and the specific work to be performed by STATE and the estimated cost of such work requested by CITY; NOW THEREFORE, in consideration of covenants and conditions herein contained the parties hereto agree as follows: -2- STATE AGREES: 1. To perform various right of way services for CITY on the aforesaid project. Said right of way services to be performed by STATE are more specifically defined as follows: A. HOUSING STUDIES (1) Supervise 'TTY's consultant and approve the R/W Housing W C Study it will prepare as required prior to acquisition. Said study shall indicate availability of sufficient replacement housing for displacees. (2) Notify CITY as soon as the Housing Study and Housing Valuations have been reviewed and approved to allow commencement of negotiations with property owners. APPRAISALS (1) Review the appraisals of CITY's consultant to ensure com- pliance with all STATE and Federal requirements in their preparation. (2) Review and concur in the value of independent appraisals received by CITY on each required parcel, and when satis- fied with their completeness for acquisition purposes to recommend the appraisals for approval by CITY. ACQUISITION (1) Supervise CITY's consultant to ensure compliance with all STATE and Federal requirements, in the conduct of -3- negotiations with property owners for acquisition of the required property rights. Review CITY's acquisition documents and proposed settlements at variance from the approved appraisals. Any settlement at variance from approved appraisals must be authorized and documented in accordance with Section III, Clause 6B. D. RELOCATION ASSISTANCE Supervise CITY's consultant to ensure compliance with all STATE and Federal requirements, in the providing of relocation assistance to displaced persons, businesses, and nonprofit organizations in accordance with STATE and Federal policies and procedures. It is understood that relocation assistance activity may include the ultimate necessity to provide "Last Resort Housing" for displaced persons. 2. BASIS OF ACCOUNTING AND BILLING A. To bill CITY for the advance deposit as specified in Section II, Clause 1. Said deposit amount will assure that CITY funds will finance the ongoing expenses of the STATE. B. To accumulate all project costs in a separate account and to furnish the CITY with a detailed statement of costs upon completion of services by the STATE on the project. 3. REFUND OF ADVANCE To refund to CITY upon completion of project any advanced funds which exceed the final accounting of expenditures for CITY's project, after any remaining STATE's costs have been deducted from CITY's deposit. -4- 4. RECORDS AND ACCESS To make available for CITY'S inspection complete and adequate project cost records upon completion of right of way services. -5- • • SECTION II CITY AGREES: 1. DEPOSIT To deposit with STATE, within 30 days of receipt of billing therefor, an advance deposit of $9,400.00. The advance deposit billing will be made upon execution of this Project Agreement. The advance deposit will be made prior to the STATE's commencement of services. The estimated total cost for STATE providing these services is $9,400.00. This estimate consists of the following: SUPERVISION OF: 1. R/W Housing Study $ 700.00 2. Replacement Housing Valuation 860.00 3. Appraisals 1,800.00 4. Acquisition 5. Relocation Assistance This estimated total cost does and disposition of Relocation placees exercising.their right this time. 3,370.00 2,670.00 $9,400.00 not include STATE's supervision Appeals, since the number of dis- to appeal cannot be determined at 2. FINAL PAYMENT To pay STATE within 30 days of receipt of final billing at completion of project any remaining cost due in excess of the original deposit. WE 3. NOTIFICATION TO COMMENCE To notify STATE, in writing, when CITY wishes STATE to commence performance of the services as set forth in this agreement. 4. ESCROW ACCOUNTS To open escrow accounts for acquisition of the required property rights. 5. INDEPENDENT APPRAISER To employ an appraiser with qualifications acceptable to the STATE for the appraisal of the required parcels. Said appraiser shall work under the supervision of the STATE and shall perform his services in accordance with all of the provisions as stated in Section III, Clause 6 of this Agreement. Said appraiser shall be responsible for the preparation and delivery to STATE of all required appraisals for review and approval by STATE. Any subse- quent appraisals prepared for court testimony shall also be delivered to STATE for review. 6. INDEPENDENT NEGOTIATOR To employ a negotiator with qualifications acceptable to the STATE and approved by the Federal Highway Administration for the acquisi- tion of the required parcels. Said negotiator shall work under the supervision of the STATE and shall perform his services in accordance with all the provisions as stated in Section III, Clause 6 of this Agreement. 7. INDEPENDENT RELOCATION ASSISTANCE CONSULTANT To employ a consultant with qualifications acceptable to the STATE -7- RE 2 10. 11 and approved by the Federal Highway Administration to prepare a R/W Housing Study and Replacement Housing Valuations and to per- form Relocation Assistance functions to displaced property owners. Said consultant shall work under the supervision of the STATE and the services provided shall be in accordance with all the provisions as stated in Section III, Clause 6 of this Agreement. NOTICE OF CONTROL OF PROPERTY To notify STATE promptly, in writing, when CITY obtains control of each property, by close of escrow, Order of Possession, or Judgment in Condemnation. CONDEMNATION LEGAL SERVICES To acquire through proceedings in eminent domain any parcel or parcels required for CITY's project that have not been acquired by negotiated settlement. CITY will provide the appropriate legal services in all matters relative to the acquisitiion through condemnation. RELOCATION ASSISTANCE PAYMENTS To review all claims for relocation assistance payments which have been processed and submitted by CITY's consultant and promptly disburse funds to claimants. UTILITY RELOCATION To make all necessary arrangements with the owner or owners of public and /or private utilities above and below ground within right of way areas to be acquired by consultant for CITY that would conflict with the aforesaid project. 0 0 12. HOLD HARMLESS PROVISION To indemnify and save STATE, 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 from STATE's performance under this Agreement, excepting for injuries to person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents and employees. f • • SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. BASIS OF COMPENSATION That compensation to STATE shall be computed in accordance with Sections 8755 - 8755.2 of the State Administrative Manual and shall include the following: A. COST REIMBURSEMENT Reimbursement for all actual costs other than labor costs. Said actual costs shall include, but not be limited to, cost of materials, travel expenses in accordance with rules and regulations of the Board of Control and equipment costs. B. LABOR COST Reimbursement for labor costs, which shall be based on the loaded hourly rate (hourly rate including employee's benefits) times the number of hours worked by each individual performing services pursuant to this Agreement, plus the overhead assess- ment attributable to such work. The overhead assessment costs will be computed for each month assessable labor charges are incurred at the overhead assessment rate in effect during that month. 2. OTHER EXPENSES That should STATE incur any additional expenses, at CITY's request pursuant to this Agreement which is not specifically defined herein, said additional expense shall be CITY's sole obligation. 3. FEDERAL -AID HIGHWAY PROJECTS That should the CITY's project include Federal Highway Administration -10- ` ` • • participation in the costs of right of way: A. The costs to be paid to the STATE by the CITY shall include: (1) The CITY's share of the labor and other actual costs eligible for participation, (2) All the noneligible labor and other actual costs, if any; and (3) The entire overhead assessment applied to the total labor costs, because FHWA will not participate in the overhead assessment. B. In the event Federal reimbursement is not made or the Federal participation percentages are changed, the additional costs will be the CITY's expense and in no event shall the STATE be liable for any costs. 4. PRECEDENCE OF GRANT PROVISIONS That should any portion of the project be financed with State or Federal funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Contract. 5. CONDEMNATION SERVICES That the estimated cost to CITY excludes any services relating to proceeding in eminent domain, including but not limited to, valuation work, expert witness services, and /or engineering exhibits. 6. CONFORMANCE WITH FEDERAL AND STATE REQUIREMENTS A. That the STATE's right of way services shall be performed in accordance with the provisions of applicable Federal Program -11- • • Manuals and /or Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Acts (AKA, Public Law 91 -646 and Government Code Section 7260 -7274, inclusive) respectively, and shall be in conformance to STATE's standard operating policies as set forth in the STATE'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 Department of Transportation's Policies and Procedures as adopted therefrom, and as may be revised, modified or amended. B. All settlements that vary from an approved appraisal must be authorized in accordance with the California Department of Transportation's acquisition procedures. Any proposal of settle- ment received by the CITY through its consultant that varies from an approved appraisal must first be authorized by an appro- priate official, i.e., the CITY shall advise the Department of the proposal and secure the concurrence of the Department prior to agreeing to a settlement based on the proposal. Settlements not meeting the above criteria may preclude Federal participation. 7. RELOCATION APPEALS DETERMINATIONS A. In the event that any person is aggrieved by a determination as to eligibility for, or the amount of, a relocation assistance payment, his appeal shall be investigated and considered in the manner as the STATE uses for its own appellants, except that the Relocation Appeals Board shall make its recommendation for disposition to CITY instead of to the Director of Transportation. -12- f 0 0 The final determination shall be made by CITY. STATE shall supervise relocation assistance and payments, if any, in accordance with CITY's final determination of the appeal. B. In the event that persons being displaced choose to exercise their right to appeal any determination as to eligibility and /or monetary entitlements under the Relocation Assistance Act of 1970, STATE will ultimately bill CITY for expenses incurred in such appeals, as cited in 7A above, since there is no way to estimate STATE's time involved until the relocation phase of the project. The cost of hearing relocation appeals and related activities by STATE is not included in the estimate given in Section II, Clause 1. 8. CHANGES That the provisions of this Agreement may be modified, altered, or revised with the written consent of both parties hereto. 9. TERMINATION OF AGREEMENT A. That this Agreement for Right of Way services shall terminate December 31, 1987 or upon completion of services referred to herein or upon either party giving 30 days written notice to the other party, whichever occurs first, unless the date of completion is extended by a written supplement to this Agreement. B. If termination occurs prior to completion of services, CITY will be liable for any obligations incurred by STATE for CITY's project and any costs incurred by STATE in connection with terminating said services. -13- 10. That Appendix A (Form DAS -OBM -1351, Rev. 4 -82) and Nondiscrimi- nation Clause (Form STD. 17B) attached hereto, are made an express part of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provi- sions of which Agreement are effective as of the day, month and year hereinabove written. STATE OF CALIFORNIA Department of Transportation By District Director of Transportation Attes (City Clerk) Appro,#Pd as to Form and Procedure ttorney -14- U;-;bAgr !_:}T�!OF TRANSPORTATION • Contra.: C:o. • Sbse, A..Pi NNL in is � of During the performance of this contract the contractor, for itself, its assignees and successor, in interest (hereinafter referred to as the "contractoel agrees as follows: (1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non- discrimination in fedaraily- assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Till a VI of the 1954 Civil Rights Atoll. Title VI provides that the recipients of federal- assistance will implement and maintain a policy of non- discrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disabilityy be excluded from participation irk denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. (2) Ncrt- discrimination: The contractor, with regard to the work performed byit during the contract shall act inaccordance with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion, sex age. or disability in the selection and retention of subcontractors, including procurement of ma erials and leases of equipment The contractor shall not particpate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOTS Regulations, including emp!oyment practices when t ^e contract covers a program whose goal is empic,rment. (3) Soffcitations for Subcontracts, including Procurements of Materials and Equipment: In all soficita lions, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procur- arntints of materials or leases of equipment, each potential subcom7actor or supp'ier sha!I be rol"!Nad by the c ^ntraCiCr of the contracto's Ovligations under tiLS contract and the ReguiatlOrs re'ative to non - discrimination on the grounds Of race, Color or national origin. (4) Information and Raports: The contractor shall provide all information and reports required by the Aaeu!ations, or directives issued pursuant thereto, and shall permit access to its bock$ records, accounts, other sources of information, and its facllities as may be determined by the State Department of Transpertat :oa or the Federal High:vayAdminist ation to be p?.`:inertt to ascertain, compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possassiun of another who fails or refuses to furnish this information, the contractor shall so car fry to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has rnada to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non- discrimination provisions of this contract the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Adm r,:Gtration may determine to be appropriate, including but no: limited to: (a? with-oid ng of payments to the contractor under the contract until t: =.e contractor complies, and /or (b; cancellation, termination or suspension of the contract in whoa or in part. (3) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (5) in every sub,- cc-tract including procurements of materials and leases of equipment unless exempt by the Ragul35o.ns or directives I55Je•d pursuant thereto. The contractor will take such action with respect t� any Subcontractor or procurement as the S=ate Decarment of Transportation or the Federal Highway Admir.stratior may direct as a matins cf an:`orcinn such provisions Includ7nq sa.^•C:ICn3 for nonccr;;:Nacce: Provided, hmve,r>_r, 'that in the event a contractor becomes involved in, or !s :hraaered with, ii : :gat:on with a subcontractor or supp!:er as a .resu't of such di.-action, the contractor may re•yUCit :he $13te Depart -tent ^.f TrarBPOr13tion to enter into stria. :i II!ig]_`I =� to protect the In te'=st C! the S!'_t?, an;. in aCdl'ip �. the COntraCtOr :: ^a`/ request file United States IO enter into 5::0!7 lit;- at'.on to protect the i, �teres!s of the U n7. z S a3 .-.AS %c':' ., -2;F` PAL FJ :•CS. 0." ;• ; •.0 NONDISCRIMINATION CLAUSE (OCP - 2) 1. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex, Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination, 2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285,0 et seq.), the provisions of Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135 - 11139,5) and the regulations or stand- ards adopted by the awarding State agency to implement such article. 3. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, 4. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract, STD. 170 (MEW 5.88)