HomeMy WebLinkAboutC-2634 - Right-of-Way Negotiation and Acquisition Agreement for Pacific Coast Highway Widening, Phase II - Bayside Drive to Jamboree RoadCITY %F NEWPORT B&CH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
T0: )!INANCE DIRECTOR Z/
FROM: CITY CLERK
DATE: April 28, 1993
SUBJECT: Contract No. C -2634
Description of Contract Supplemental Right -of -Way Negotiation
and Acquisition Agreement for PCH Widening (Bayside Drive to
Jamboree Road)
Effective date of Contract April 28, 1993
Authorized by Minute Action, approved on April 26, 1993
Contract with John Cutler and Associates
Address
Amount of Contract (See Agreement)
"X� 6e 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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E'eIjr . w t April 26, 1993
APR 2 B 9a.3 I CITY COUNCIL AGENDA
ITEM NO. 8
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: PACIFIC COAST HIGHWAY (SR1) WIDENING - BAYSIDE DRIVE TO
JAMBOREE ROAD PROJECT - FAU NO. M- 5001(22) - SUPPLEMENTAL
RIGHT -OF -WAY AGREEMENT FOR CONSULTANT SERVICES (C -2634)
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the
Supplemental Right -of -way Agreement with Cutler and
Associates.
The City entered into an agreement with Cutler and
Associates on March 16, 1987 for Right -of -way Negotiation and
Acquisition Services necessary to acquire right -of -way for the
widening of Coast Highway between Jamboree Road and Bayside Drive.
The project was funded with Federal Aid Urban (F.A.U.) funds under
terms of a Local Agency - State Agreement with Caltrans which
provided 86.22% Federal funds /13.78% City matching funds. The
Local Agency -State Funding Agreement required Caltrans oversight
and review of the project and during the City's negotiations with
Cutler and Associates, Caltrans required that the scope of the
consultant's services be reduced from a fee of $61,000 to $14,500.
Actual consultant services by Cutler and Associates required to
acquire the right -of -way totaled $61,112.50. During the course of
the work, City staff has continued to negotiate with Caltrans for
approval of payment for the additional consultant services
necessary to acquire the right -of -way. Caltrans has now approved
this additional work (original scope of work) for payment at the
86.22% Federal /13.78% City, but requires the City to amend the
original agreement with Cutler and Associates. Once this
supplemental agreement is executed, Cutler and Associates can be
paid fees due to them and the agreement and billing can be
forwarded to Caltrans for payment of the 86.22% Federal share.
Terms of the supplemental agreement provide:
1. City to reimburse consultant for additional
services.
2. Terms and conditions of original agreement remain
unchanged.
SUBJECT: Pacific Coast Highway
Jamboree Road Project
Right -of -Way Agreement
April 26, 1993
Page 2
3. Fees
•
(SRI) Widening - Bayside Drive to
- FAU No. M- 5001(22) - Supplemental
for.,.consultant Services (C -2634)
a. original agreement
b. Additional fee - FAU
- City
Total
$39,801.30
6.361.20
$46,162.50
$14,950.00
$46,162.50
$61,112.50
Funds to pay the consultant fees are available in the
current Capital Improvement budget, Acct. No. 7253 - 98313036 for the
$39,801.30 Federal share and Acct. No. 7183 - 98313022 for the
$6,361.20 City share.
Benjamin B. JNolan
Public Works Director
JW:so
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,� 0 0 c -26311
SUPPLEMENTAL
TO
RIGHT -OF -WAY NEGOTIATION AND ACQUISITION
h Ze) 11
COAST HIGHWAY (SR 1) WIDENING
BAYSIDE DRIVE TO JAMBOREE ROAD (PHASE II)
FAU NO. M- 5001(22)
In consideration for a significant alteration in the
scope, time of completion, 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 said agreement dated the 16th day of March, 1987
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 work
required by the CITY in the amount of $46,162.50 as
set forth in Exhibit "B" attached hereto.
2. That the net fee of $1,949.63 as set forth in the
original agreement remains unchanged.
3. That all other terms and conditions of said
agreement shall remain in full force and effect.
IN WITNESS WHEREOF the said parties hereto have entered
into this Supplemental Agreement on this Oe�i day of
, 1993.
ATTEST:
City Clerk
AP PRO D AS TO FORM:
C At orney
1
CITY OF NEWPORT BEACH
a Municipal Corporation
Mayor
JOHN CUTLER AND ASSOC TES
By
Title i
EXHIBIT "B"
CITY OF NEWPORT BEACH
COAST HIGHWAY WIDENING
BAYSIDE DRIVE TO JAMBOREE ROAD
FAU NO. M -5001 (22)
Justification of Request for Additional Fee
PERSONNEL HOURS RATE TOTAL
Principal 102.00 $65.00 $ 6,630.00
Agent 871.25 $55.00 $47,918.75
Technician 145.25 $35.00 $ 5,083.75
Secretarial 74.00 $20.00 $ 1,480.00
Totals:
Previously paid
TOTAL REMAINING
1,192.50
2
$61,112.50
$14,950.00
$46,162.50
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: March 16, 1987
SUBJECT: Contract No. C -2634
Description of Contract Right -Of -Way Negotiation and
Acquisition Agreement (for Widening Coast Highway near Bayside Dr.)
Effective date of Contract March 16, 1987
Authorized by Minute Action, approved on January 26, 1987
Contract with John Cutler & Associates
Address
Amount of Contract (See Agreement)
ee 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO: CITY CLERK
FROM: Public Works Department
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March 11, 1987
SUBJECT: SERVICE AGREEMENT - COAST HIGHWAY WIDENING
Please have agreement executed in triplicate, and return two
agreements to the undersigned.
Thank you,
/�
Horst Hlawaty
Project Engineer
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Att.
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BY TK. C- I C NCIL
CITY Cr EWPORT FAC],i
JAN 2 u c87
APPROVED
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: COAST HIGHWAY WIDENING (PHASE II) AGREEMENT
FOR RIGHT -OF -WAY ACQUISITION SERVICES
RECOMMENDATION:
DISCUSSION:
January 26, 1987
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
Authorize the 44ayor and the City Clerk to execute a Local
Agency /Consultant Agreement with John Cutler and Associates to
perform the acquisition of right -of -way services for widening
Coast Highway near Bayside Drive.
It is recommended that John Cutler and Associates be retained to
perform all necessary right -of -way acquisition functions in compliance with
Federal and State laws. The fee for their services, based on a Caltrans
pre- audit, is not to exceed $14,950.00.
A final audit by Caltrans will allow John Cutler and Associates to
recover its actual costs. This amount is estimated to be $24,000.00.
Please refer to the Pacific Relocation Consultants Agenda Item for
additional information regarding the consultant selection procedures.
a ?o Benjamin B. Nolan
Public Works Director
HH /bjm
. I ! C - -26:3v
RIGHT -OF -WAY NEGOTIATION AND ACQUISITON AGREEMENT
THIS AGREEMENT is made this day of 1987,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter
referred to as "CITY ") and JOHN CUTLER AND ASSOCIATES (hereinafter referred to
as "AGENT ").
The CITY desires to engage AGENT to perform right -of -way negotiation
and acquisition services including the preparation of road deeds in connection
with the following described project:
Improvement of Pacific Coast Highway in the vicinity of
Bayside Drive. Said improvements will cause the displacement
of 26 mobile homes, a laundry facility; and the partial
taking of land leased by the De Anza Corporation from The
Irvine Company (see attached right -of -way map).
The AGENT is qualified and agreeable to render aforementioned service,
which shall be:
1. Preparation of a legal description for incorporation into a
proper conveyance document for each parcel of property to be
acquired.
2. Preparation of Offers to Purchase, Appraisal Summaries, and
other documents required by Federal and State laws and regula-
tions governing land acquisition activities by public agencies.
3. Mailing of written notices of the City's Intent to Acquire to
each property owner whose property is to be acquired.
4. Presenting each property owner with a written Offer to Purchase
and an Appraisal Summary and explanation of the acquisition
process.
5. Negotiating with each property owner, on behalf of the City,
for the purchase of required right -of -way per the appraisal,
and upon negotiating a settlement, to draft a purchase
agreement in appropriate form and submit to City and State for
approval.
6. Conferring with City appraiser, relocation assistance
consultant, and legal staff or any source necessary to be fully
informed to negotiate with owners.
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7. Conferring with State in regard to State and Federal requirements.
8. Preparing instructions to escrow holder, and coordinating
escrow activities on behalf of the City on negotiated
settlements
9. Preparing all required material for review and approval by the
State.
10. Preparing reports and documents for City in event of
condemnation.
11. Other related duties as needed.
The negotiation and acquisition format shall be based on the
requirements of applicable Federal Highway Program Manual Sections and /or
Federal and State Uniform Relocation Assistance and Real Property Acquisition
Policy Act (AKA Public Law 91 -646 and Government Codes Section 7260 -7274,
inclusive) respectively, and shall be in conformance to the State's Standard
operating policies as set forth in the State Right -of -Way Manual.
The AGENT agrees to complete the aforementioned negotiation and
acquisition services within twelve (12) months from the Notice to Proceed. The
date of completion shall be the date when all services, including any and all
procedures, development plans, surveys, meetings and oral presentation have been
completed as set forth in this Agreement.
The basis of payment for the services provided under this Agreement
shall be cost plus a fixed fee.
1. The CITY shall reimburse the AGENT for actual costs (including
labor costs, employee benefits, overhead and other direct costs)
incurred by the AGENT in performance of the work, in an amount not
to exceed $13,000.37 exclusive of any net fee. Actual costs shall not
exceed the estimated maximum wage rates and other costs as set
forth in Exhibit "A" attached hereto, unless approved by a post- audit.
2. In addition to the costs referred to in Section 1. above, the
CITY shall pay the AGENT a net fee of $1,949.63. Said net fee
shall not be altered unless there is significant alteration
in the scope, complexity or character of the work to be
performed.
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3. Total expenditures made under this contract including the net fee
shall not exceed the sum of $14,950.00.
The cost principles and procedures for use in the determination of the
allowability of individual items of cost shall be those set forth in Chapter 1,
Part 31, CFR 48.
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.
The parties to this Agreement intend that the relation between them
created by this Agreement is that of employer- independent contractor. The
manner and means of conducting the work are under the control of the AGENT,
except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement. No Civil Service status or other right of
employment will be acquired by virtue of the AGENT's services. None of the
benefits provided by the City to its employees, including, but not limited to,
unemployment insurance, workers' compensation insurance, retirement and deferred
compensation plans, vacation and sick leave, are available from the CITY to the
AGENT. From any fees due the AGENT, deductions shall not be made for any State
or Federal taxes, FICA payments, PERS payments, or other purposes normally asso-
ciated with an employer - employee relationship. Payment of the above items, if
required, are the responsibility of the AGENT.
AGENT shall indemnify and hold harmless CITY, its City Council, boards
and commissions, officers, agents, servants and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable attorneys' fees, regardless of the merit or outcome of any
such claim or suit, arising from or in any manner connected to the negligent
performance or omission of any services or work conducted pursuant to this
Agreement.
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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 is property, and AGENT shall be paid an amount
which bears the same ratio to the total compensation covered by this Agreement.
AGENT is to maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs incurred, and further, to make such
materials available at their respective offices at all reasonable times during
the contract period. Such materials are to be available for inspection by
authorized representatives of the Local Agency, the State, or the Federal
Government, and copies thereof shall be furnished if requested. Following final
settlement of the contract accounts with the Federal Highway Administration,
such records and documents may be microfilmed at the option of the Local Agency,
but in any event shall be retained for a three -year period after payment of
final voucher.
AGENT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of AGENT, or of the interest of any general
partner or joint venturer or syndicate member or co- tenant if AGENT is a
partnership or joint venturer or syndicate or co- tenancy, which shall result in
changing the control of AGENT, shall be construed as an assignment of this
Agreement. Control means Fifty Percent (50 %) or more of the voting power of the
corporation.
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 Non discrimination
Clause attached hereto and made a part hereof.
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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.
APPROVED AS TO
FORM:
City
Attorney
ATTEST
City Clerk
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JOHN CUTLER AND ASSOCIATES
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/i.�/C.DryC
Estimated Total
Per Parcel $399.07 $599.55
TOTAL ESTIMATED LABOR COSTS $10,975.37
Cost
DIRECT COSTS
Quantity
Per Parcel
JOHN
CUTLER & ASSOCIATES
(Except Labor)
FEE PROPOSAL - COST ANALYSIS
Estimated Mileage
27
$50.00
Est. Hours
PER PARCEL
27
20.00
DIRECT LABOR
Per Parcel
Rates
Mobile Home De Anza Lease
Units
Total
Project Manager
3
$89.39
$268.17
26
$ 6,972.42
Estimated Total Cost
5
$89.39
$446.95
1
446.95
Acquisition
11
$10.90
$130.90
26
3,403.40
Consultant
$13,000.37
FEE (Profit)
14
$10.90
$152.60
1
152.60
Estimated Total
Per Parcel $399.07 $599.55
TOTAL ESTIMATED LABOR COSTS $10,975.37
EXHIBIT "A"
Cost
DIRECT COSTS
Quantity
Per Parcel
Total
(Except Labor)
Estimated Mileage
27
$50.00
$1,350.00
Estimated Telephone
27
20.00
540.00
Estimated Forms
& Materials
27
5.00
135.00
Estimated Total Cost
Per Parcel
$75.00
$ 2,025.00
TOTAL DIRECT COSTS
$13,000.37
FEE (Profit)
$ 1,949.63
TOTAL ACQUISITION COSTS
$14,950.00
EXHIBIT "A"
c7PAm T _NT C= N9P0RTATI0N
APPEN''DI : A
M1
During the performance of this contract, the contractor, for itself, its, assignees and successors in interest (hereinafter
referred to as the "contractor) agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non- discrimination
in fede - a!ly- assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 -
Effectua:ion of Title VI of the 1964 Civil Rig hts Act). Title VI provides that the recipients of federaFassistanca will implement
and ma'^ta!n a policy of non - discrimination in which no person in the state of Calffomia shall, on the basis of race,
color, national origin, religion, sex, age, disability, be excluded from participation in, 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) Non - discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance
with Title Vi. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion,
sex, aye. or disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the U.S. DOTS Regulations, including employment practices when the contract covers a program whose goal .
is empoyment
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment- In all solicitations, either
by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
procur_ments of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the
contractr of the contractors obligations under this contract and the Regulations relative to non - discrimination on the
grounds of race, color or national origin.
(4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State Department of Transportation or tho Federal Highway Administration
to be pertinent .o ascertain compliance with such Regulations or directives. Where any Information required of a
contractor is in the exclusive possession of another who fails or refuses to fumish this information, the contractor shalt
so cer; =, to one State Department of Transportation, or the Federal Highway Administration as appropriate, and Shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractors 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 Adninistration may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor complies, and /or
('�i car :;el!ation, termination or suspension of the contract, in whole or in part
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every sub-
contract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives
iss,jed pursuant thereto. The contractor will take such action with respect to any subcontractor or procurement as the
State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the State Department of Transportation to enter into such litigation to protect the interest of the State, and,
in add;t.o.n, the contractor may request the United States to enter into such litigation to protect the interests of the
c:,i;ed Sates.
OAS G3•t - .. „E. - 32, FEDEq l FW.DS. O',2A 31.000
NONDISCRIMINATION CLAUSE
(ocr - z)
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
Empl- oyment and Housing Act (Government Code, Section
12900 et seq.), the regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285,0
et sea.), 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 (NEV 5 -831
See Contract File for
Right -of -Way Map of
Irvine Block 54