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
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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
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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:
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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
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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
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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.
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4. RECORDS AND ACCESS
To make available for CITY'S inspection complete and adequate project
cost records upon completion of right of way services.
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• •
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
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RE
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10.
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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
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` ` • •
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
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• •
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.
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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.
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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
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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)