HomeMy WebLinkAboutC-2590 - Appraisal Services for Pacific Coast Highway widening0 4
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 21, 1987
SUBJECT: Contract No. C -2590
Description of Contract
Services for Coast Highway
Supplemental Agreement to Appraisal
Effective date of Contract December 18, 1987
Authorized by Minute Action, approved on December 14, 1987
Contract with George Hamilton Jones, Inc.
Address
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
•
DEC 14 1987
TO: CITY COUNCIL APPRO` E'D
FROM: Public Works Department
December 14, 1987
CITY COUNCIL AGENDA
ITEM NO. F -3(d)
SUBJECT: COAST HIGHWAY WIDENING, BAYSIDE TO MAC ARTHUR BOULEVARD
SUPPLEMENTAL AGREEMENT (C -2590)
RECOMMENDATIONS:
1. Authorize the Mayor and City Council to execute a Supplemental
Agreement with George Hamilton Jones, Incorporated for the
preparation of an appraisal report leading to the acquisition of
right -of -way for widening Coast Highway.
DISCUSSION:
On June 23, 1986, the City Council authorized the Mayor and the City
Clerk to execute an agreement for appraisal services with George Hamilton Jones,
Incorporated in the amount of not -to- exceed $55,000 for the subject project.
• During the preparation of the appraisal report, the scope of services
has been expanded to include change of areas of right -of -way taken based on
design modification to the proposed roadway. The appraiser has completed the
appraisal report in compliance with Federal /State requirements and to the
satisfaction of City staff.
The extra work performed by the appraiser, based on the standard
hourly rates, is not -to- exceed $15,000.00.
Based on a significant alteration in the scope, complexity of the
De Anza's lease with The Irvine Company interpretation and character of work
performed, it is recommended that the City Council approve the Supplemental
Agreement not -to- exceed $15,000.00.
It is anticipated that this
the current 86% Federal participation.
local gas tax moneys. Sufficient funds
year.
• C�i'Gtivl.�ln,�v�n � l
Benjamin B. Nolan
Public Works Director
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expenditure will be reimbursable under
The remaining 14% will be funded with
have been budgeted in the current fiscal
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SUPPLEMENTAL AGREEMENT
TO
APPRAISAL SERVICES
FOR
COAST HIGHWAY
BAYSIDE DRIVE TO JAMBOREE ROAD (PHASE II)
FAU NO. M- 5001(22)
In consideration for a significant alteration in the scope, complexity
and character of work performed which resulted in expenses incurred beyond the
agreed contract fee, it is mutually agreed by and between the parties hereto to
amend Agreement No. FAU NO. M- 5001(22) as follows:
1. That CITY shall reimburse the AGENT for the additional
actual costs (including labor costs, employee benefits,
overhead and other direct costs) incurred by the AGENT
as a result of extra tasks required by the CITY in the
amount not -to- exceed Fifteen Thousand Dollars ($15,000).
2. That all other terms and conditions of Agreement
No. FAU NO. M- 5001(22) shall remain in full force and effect.
In WITNESS WHEREOF said parties have entered into this Supplemental
Agreement on this &27z'� day of 1987.
ATTEST:
City Clerk /i
APPROVED AS TO FORM:
, . blaqh
y Attorney
CITY OF NEWPORT BEACH,
E
TO:
FROM
DATE
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FINANCE DIRECTOR
L1
CITY OF NEWPORT BEACH
Public Works Department
CITY CLERK
July 3, 1986
SUBJECT: Contract No. C -2590
OFFICE OF THE CITY CLERK
)714) 640-2251
/7
Description of Contract Coast Highway Widening Agreement for
Appraisal Services
Effective date of Contract July 2, 1986
Authorized by Minute Action, approved on June 23, 1986
Contract with George Hamilton Jones, Inc.
Address 717 Lido Park Drive
Newport Beach, CA 92663
Amount of Contract (See Agreement)
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Wanda E. Andersen
City Clerk
WEA:Ir
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
9 i
July 1, 1986
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: APPRAISAL SERVICES AGREEMENT WITH
GEORGE HAMILTON JONES, INC.
Attached in duplicate is the subject agreement.
Please have them executed on behalf of the City, retain
one for your files and return the second one to this
Department.
This agreement went to City Council on
June 23, 1986.
Horst Hlawaty
Project Engineer
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Att.
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FROh! >
GEORGE HAMILTON JONES, INC.
Appraisal Consultants
717 LIDO PARK DRIVE NtwPOR7 BEACH, CALIFORNIA 92663
TO City of Newport Beach
Mr. Horst Hlawaty
Project Engineer
Pacific Coast Highway
Bayside Drive to Jamboree Road
(Phase II)
FAU NO. M- 5001(22)
APPRAISAL SERVICES
THIS AGREEMENT is made this C5/914_z_1_ day of 1986,
by and between the CITY OF NEWPORT BEACH, a Municipa Corp tion (hereinafter
referred to as "CITY ") and GEORGE HAMILTON JONES, INC. (hereinafter referred to
as "AGENT ").
The CITY desires to engage AGENT to prepare an appraisal report leading
to the acquisition of right of way for widening Pacific Coast Highway fronting
the area leased by the De Anza Corporation from The Irvine Company.
The AGENT is qualified and agreeable to render aforementioned service,
which shall be:
Preparation of an appraisal report for the fair market
value of permanent and temporary easements, leasehold
interests, and twenty -six (26) mobile homes existent within
the area to be acquired. A map showing the affected area is
attached hereto as "Exhibit A ".
The appraisal report format shall be based on the requirements of
applicable Federal Highway Program Manual Section 7 -3 -2, Paragraph 7, which is
part of Federal Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970 (AKA Public Law 91 -646), and it shall be in conformance with
the State's Standard appraisal policies.
The CITY will provide AGENT with any record information available in
CITY's files, i.e., maps, title reports, etc., that may be deemed necessary for
the preparation of an appraisal report.
The CITY agrees that in the event engineering consultation is required
to carry out the assignment of work, the AGENT may retain a qualified engineer
1 of 3
0
9
with prior written CITY approval. A separate agreement will be required for
compensation to be paid to the engineer.
The AGENT agrees to submit the appraisal report in quadruplicate to the
CITY within one hundred eighty (180) days from the date that the services are
authorized.
The cost to the CITY for the services rendered by the AGENT shall not
exceed Fifty -five Thousand Dollars ($55,000).
The AGENT agrees, in the event litigation ensues, to be called upon to
testify relative to his land value and damage opinion. AGENT shall be paid the
additional sum of One Hundred Forty Dollars ($140) per hour for trial prepara-
tion and court testimony.
The AGENT warrants that he has not employed or retained any company,
firm or person, other than provided for in this Agreement, to solicit or secure
this Agreement, and that he has not paid or agreed to pay any company, form or
person, other than a bona fide employee working solely for him, any fee com-
mission, percentage, brokerage fee, gifts, or any other consideration, con-
tingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, the CITY shall have the right to annul
this Agreement without liability.
If major changes in the scope, character, or total cost of the reloca-
tion assistance, negotiation and acquisition work become necessary, the CITY and
the AGENT shall negotiate a Supplemental Agreement to the mutual acceptance of
both parties hereto.
The CITY may terminate this Agreement at any time by giving written
notice to AGENT of such termination at least Fifteen (15) days prior to effec-
tive date of such termination if the AGENT has not complied with the terms of
this Agreement or if the progress or quality of work is not satisfactory. In
that event, all finished or unfinished documents and other materials shall, at
the option of the CITY, become its property, and AGENT shall be paid an amount
which bears the same ratio to the total compensation covered by this Agreement.
2 of 3
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Any dispute arising from a question of fact in connection with that
work not disposed of by the Agreement shall be resolved in accordance with the
rules of the American Arbitration Association.
The AGENT shall not sublet or transfer any of the work except as other-
wise provided for in this Agreement.
During the performance of this Agreement, the AGENT agrees to comply
with the Regulations relative to nondiscrimination in Federally assisted programs
of the U. S. Department of Transportation Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as
"the Regulations "). See Appendix "A" and Nondiscrimination Clause attached
hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their proper corporate officers and have caused their proper corporate
seal to be hereto affixed the day and year first above written.
CITY OF NEWPORT BEACH,
a"'Municjpal Corporation
AP ROVED AS TO FO j
1
`Playor
City Attorney
ATTE$T
City Clerk
3of3
7o ^yrlj X A
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During the perormance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as 'he "contractor") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non - discrimination
in fe 4e-=_:'y- assisted programs of the Dep _r;ment of Transportation - Titla 49 Code of Federal Regulations Part 21 -
E ectua- ionofTitleVIofthe1964CivilRightsAct). TitieViprovidesthattherecipientsoffederaf- assistancewillimplement
2rld m_' -' =_in a policy of non - discrimination in which no person in the state of California shall, on the basis of race,
color, r.a-.onal origin, religion, sex, age, disability, be excluded from part;cipa';on in, denied the benefits of or subjected
to discrimination under any program oractivity by the recipients of federal assistance or their assignees and successors
in interest
(2) Non- discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance
with Ti':e VI. Specifically, the contractor shall not discriminate on the basis of race, color, national &gin, religion,
sex, age. or d:sab:i'!y in the selection and retertion of subcontractors, including procurement of matar;als and leases
of equipment. Tne contractor shall not p:_rtic:pata either directly or indirectly in the discrimination prol-i'zited by Section
21.5 of ;ne U.S. DOTS Regulations. indudiro employment practices when the contract covers a program whose goal
is ein�•'t:ranL .
(3j So!icita'iens for Subcontracts, Including Procurements of Materials and Equipment: In all so';cita!icns, either
ty c-=;: elit ve bidding or negotiation made by the contractor for viork to be performed under a suboontraci, including
procu-_ -tents of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the
C _.:. _ -. -. .:.` the coniractc�s obligations under this contract and the Regulations relative to non- discrmination on the
e:oun�s c: ,ace, color or national origin.
(4) I formetion and Reports: The contractor shall provide all information and repo:-is required by the Regulations, or
d..- ectiva; issued pursuant thereto, and shall perm 2ccess to I's bcck3, records, 2ccounts, o:'iar sources of In:`ormatlon,
and its fa as may be determined by the State Department of Transportation or the Federal Highway Ad- ministration
to be pedinent'o ascertain compliance with such Regu'ations or directives. Where any information required of a
ccnt-ac'or is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
Sc cer;,=; to the State Department of Transoor'at,on, or the Federal Highway Administration as appropriate, and shall
set fcrn v.:: i. effor-ts it has made to obta:n'he in`ormation.
(5) Sanctions for Noncompliance: In the event of the contractoes noncompliance with the non - discrimination provisions
cf this contract the State Department of Transportation shall impose such contract sanctions as it or the Federal
A. ministration may determine to be appropriate including, but not limited to:
f '. Idin ^, of payments to the contractor under the contract until the contractor complies, and /or
,_, ca:- c':atipn, terrnin at; on or suspanson of the con', r c'., in v; ^lo!a or in part
(o) L,corcoratcon of Provisions: The contractor she': inch de the proviso ;s of paragraph (1) through (o) in every sub -
contra-' including procurements of materials and leases of equipment, uness exempt by the Regulations or directives
is > -i— :.rsuant thereto. The contractor wiil take such action with respect to any subcontractor or procurement as the
S-ate ;- rt:ner.t of Transportation or the Federal Highway Administration may direct as a means of enforcing such
sanctions for noncompliance: Provided, ho +ia•i?r, that in the event a contractor b =comes involved
-, or i._ :7ro ;,toned with, litigation Ivith a su'ocontractor or supplier as a result of such direction, the contractor may
: ^;isle- -••_ SLSte Cepartm =nt of Trarspc'a! ion to enter into such litigation to protect the interest o.` the State, and,
.: trip contractor may revues! the United States to enter into such litigation to protect the interests of the
• •
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, 175 (NEW 5 -83)
(9)
June 23, 1986
CITY COUNCIL AGENDA
By THE CITY COUNCILITEM N0. F -3(c)
CITY OF NbYPORT BEACH
• TO: CITY COUNCIL JUN 23 190
FROM: Public Works Department APPRd1' b
SUBJECT: COAST HIGHWAY WIDENING -- AGREEMENT FOR APPRAISAL SERVICES
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a Local Agency/
Consultant Agreement with George Hamilton Jones, Inc. for the prepara-
tion of an appraisal and report for the fair market value of land,
leasehold interests and mobile homes existent in De Anza Bayside
Village to be acquired to widen Coast Highway.
DISCUSSION:
On September 23, 1985, the City Council authorized staff to solicit
proposals from prospective consultants for the appraisal of 26 mobile homes and
•associated leasehold interests within the De Anza Bayside Village mobile home
park for the Coast Highway widening project between Jamboree Road and the Upper
Newport Bay Bridge. The underlying fee title for the right of way required to
widen Coast Highway will be dedicated by The Irvine Company. No proposals were
received. In January proposals were again requested and three were received.
In adherence to the City's procedure for selecting consultants for
public works projects, a selection committee reviewed the three proposals.
Based on their recommendation, the firm of George Hamilton Jones, Inc. is the
most qualified firm, and it is recommended that they be retained to prepare the
appraisal for the parcels and improvements needed to widen Coast Highway
fronting De Anza Bayside Village.
George Hamilton Jones, Inc., over the years, has prepared several
appraisal reports for the City resulting in successful negotiations between the
City and property owners. Their fee for the services is not to exceed $55,000.
As this project has Federal Aid Urban (FAU) funding, the consultant
agreement has been reviewed and approved by CalTrans and the Federal Highway
Administration (FHWA). Funding under the current FAU formula will be 86% FAU
and 14% City Gas Tax. The consultant is prepared to submit the appraisal report
within six months following authorization to proceed.
City funds for the appraisal have been budgeted in the Gas Tax Fund
account for the widening of Coast Highway.
L/
W ,
fcK Benjamin B. Nolan
Public Works Director
HH:jd
See Contract File for
C -2590 MAP
Mobile Home Exhibit A