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HomeMy WebLinkAboutReso 94-280 - Approve entering into the right of way services agreement between the COR, Redding Redevelopment Agency, & State of Calif/ for right of way acquisition for the S Bonnyview/I5 interchange improvements l RESOLUTION NO. 94- A 4-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO THE RIGHT-OF-WAY SERVICES AGREEMENT BETWEEN THE CITY OF REDDING, THE REDDING REDEVELOPMENT AGENCY, AND THE STATE OF CALIFORNIA ACTING BY AND THROUGH ITS BUSINESS, TRANSPORTATION, AND HOUSING AUTHORITY, DEPARTMENT OF TRANSPORTATION, DISTRICT 2, REDDING, FOR RIGHT-OF-WAY ACQUISITION FOR THE SOUTH BONNYVIEW/ INTERSTATE 5 INTERCHANGE IMPROVEMENTS. PROJECT IDENTIFICATION: 02-SHA-5-R11.7, 412.7, E.A. 287512. THIS AGREEMENT IS TO SUPERSEDE THE PRIOR AGREEMENT DATED 8/16/93 BETWEEN THE STATE AND THE REDDING REDEVELOPMENT AGENCY. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into the above-described Agreement, a true copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said Agreement on behalf of the City; and the City Clerk is hereby directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 20th day of Septemher:i 1994, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, .Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None iFOEERY C. ANDERSON, Mayor City of Redding r�\ U FORM PRO ux CONNIE STROHMAYER, 0,4j blerk RANDALL . HAYS, City Attorney RJW SERVICES AGREEMENT DISTRICT 2 - REDDING Project Identification: 02-SHA-5-R11. 7/R12 . 7 South Bonnyview/ Churn Creek Road Interchange Reconstruction E. A. 287512 District Agreement No. THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF 1994 BY AND BETWEEN CITY OF REDDING a municipal corporation hereinafter referred to as "CITY" AND REDDING REDEVELOPMENT AGENCY a public corporation, referred to herein as "AGENCY" AND STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS Business, Transportation and Housing Agency, Department of Trans- portation, District 2 , Redding, hereinafter referred to as "STATE" WITNESSETH WHEREAS, CITY, AGENCY and STATE desire State highway improvements consisting of reconstruction of the South Bonnyview Road Interchange, including structural widening, road widening, ramp widening and signalization, on Route 5 at South Bonnyview Road, hereinafter referred to as "PROJECT" , which will require the appraisal and acquisition of real property and possible relocation assistance in conformance with applicable Federal and State policies and procedures, laws, rules and regulations; and, WHEREAS, pursuant to Streets and Highways Code Sections 131, 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, STATE is authorized to expend STATE Flexible Congestion Relief (FCR) funds programmed by the California Transportation Commission in the 1994 STIP for right of way acquisition related to this PROJECT; and WHEREAS, 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, CITY and AGENCY desire that STATE provide certain right of way services; and WHEREAS, STATE is agreeable to providing right of way services to CITY and AGENCY in conformance with the understandings as provided hereinafter; and WHEREAS, STATE, CITY and AGENCY desire to define the rights and responsibilities of the parties hereto, the specific work to be performed by STATE and the estimated limits of the cost of such STATE work requested by CITY and AGENCY; and WHEREAS, this agreement shall supersede the prior agreement dated August 16, 1993, between STATE and the REDDING REDEVELOPMENT AGENCY. NOW, THEREFORE, in consideration of covenants and conditions herein contained, the parties hereto agree as follows: 2 SECTION I STATE AGREES• 1. To perform various right of way services for CITY or AGENCY on the aforesaid PROJECT. Said right of way services to be performed by STATE are more specifically defined as follows: A. Right of Way Engineering To prepare all right of way requirement maps and documents needed for acquisition of required right of way in accordance with State and Federal regulations. B. TITLE REPORTS To obtain current title reports on all properties to be acquired. C. Appraisals To prepare or obtain approved acquisition appraisals of the affected properties which will comply with all State and Federal requirements. AGENCY shall have the right to review said appraisals prior to submittal of any purchase offer. D. Acquisition (1) To conduct negotiations on each parcel to acquire property rights through negotiated settlement. Said negotiations shall be on the basis of STATE's approved appraisals. All property acquired shall be vested in CITY's name. (2) AGENCY shall concur in any settlement in excess of the approved appraised amount. (3) Written notice will be provided to CITY and AGENCY if it becomes necessary to acquire any required parcels through an action in eminent domain, which action shall be handled by AGENCY. E. Utility Relocation (1) Request utility verification and preliminary relocation plans from affected companies. Prepare relocation cost estimates. Submit relocation plan to CITY for review. Obtain and check final relocation plans. Approve plans and issue Notice to Relocate to affected utility companies. 3 0 (2) Review and submit as necessary, any longitudinal utility encroachment applications required for PROJECT. F. Relocation Assistance Provide all necessary relocation assistance in conformance with the regulations in the California Code of Regulation, Sections 1407 . 01 through 1407 . 25, Volume 23 of the Code of Federal Regulations, Part 740 and Volume 49 CFR, Part 24 and the Right of Way Procedural Handbook, Volume 6. G. Delivery of Acquisition Documents and Funds (1) To open escrows on all properties to be acquired. (2) To deliver all executed documents and escrow instructions to CITY, as transactions are closed, for acceptance and/or delivery into the acquisition escrow. Conveyances shall be free and clear of all encumbrances except those not contrary to PROJECT. STATE shall also provide summaries of the acquisition for AGENCY's files. (3) To deliver into escrow, funds sufficient to cover the capital cost of acquiring the property as set forth in the approved Right of Way Contract. H. Condemnation Witness (1) With concurrence of CITY and AGENCY, STATE will provide an appraisal expert witness in any eminent domain proceedings that may be necessary to complete the acquisition of parcels not acquired through negotiations. (2) Any services provided by STATE in any eminent domain action will be at the full cost and expense of AGENCY. AGENCY shall deposit funds, in advance of services in an amount sufficient to cover STATE's estimated expenses. I. Certification of Right of Way Certify to CITY that all rights necessary have been acquired in fee or easement title or to a sufficient degree to allow for the construction of PROJECT. 4 2 . BASIS OF ACCOUNTING AND BILLING A. STATE will provide not more than Two Hundred Thousand Dollars ($200, 000. 00) to cover the capital and support costs of acquiring all necessary rights of way and relocation of utility facilities for PROJECT. Attachment "A" shows the current estimated capital costs. Should costs exceed said amount, AGENCY will be responsible for said additional costs which will be handled as follows; (1) STATE shall bill AGENCY for the advance deposit as specified in Section II, Clause 1. Said deposit amount and billing cycle will assure that AGENCY funds will finance the ongoing expenses of STATE. (2) STATE shall accumulate all project costs in a separate account and furnish AGENCY with a detailed statement of costs upon completion of STATE services on PROJECT. 3 . REFUND OF ADVANCE To refund to AGENCY upon completion of PROJECT, any advanced funds which exceed the final accounting of expenditures for PROJECT, after any remaining STATE's costs in excess of the above referenced $200, 000. 00 have been deducted from AGENCY's deposit. 4 . RECORDS AND ACCESS To make available for AGENCY'S inspection and copying, complete and adequate PROJECT cost records upon completion of STATE right of way services. 5 SECTION II AGENCY AGREES• 1. DEPOSIT A. Support Costs Should eminent domain action be deemed necessary by STATE, these costs will be separately identified and billed upon completion. B. Capital Costs (1) Should the $200, 000. 00 of STATE funds as described in I-2-A above be insufficient to cover PROJECT costs, to deposit directly into the escrow for any parcel, upon STATE demand, the capital cost as reflected in the Right of Way Contract executed by the property owner as part of the acquisition process. (2) Should these STATE funds as described in I-2-A above be insufficient to cover PROJECT costs, the capital costs incurred to relocate utility facilities will be paid by AGENCY directly to the Utility Company as reflected in any Utility Agreement executed between Utility Company and STATE. 2 . FINAL PAYMENT To pay STATE within 30 days of receipt of final billing at completion of project, any remaining costs due in excess of the STATE fund limits as described in I-2-A above to cover Support costs and Capital costs which remain to be paid to STATE. 3 . CONDEMNATION LEGAL SERVICES To acquire through proceedings in eminent domain, any parcel or parcels required for PROJECT that have not been acquired by negotiated settlement. AGENCY will provide the appropriate legal services in all matters relative to the acquisition through condemnation. AGENCY will authorize the use of condemnation appraisals. 6 SECTION III CITY AGREES 1. ACCEPT TITLE To accept title to parcels acquired by STATE and AGENCY for CITY's new right of way as required for PROJECT. 7 SECTION IV IT IS MUTUALLY UNDERSTOOD AND AGREED 1. BASIS OF COMPENSATION That compensation to STATE in excess of the $200, 000. 00 limitation described in I-2-A above 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 the rules and regulations of the State Board of Control, and equipment costs. B. LABOR COSTS 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 assessment 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. Said overhead assessment rate shall not exceed 80% (eighty percent) . 2. OTHER EXPENSES That should STATE incur any additional expenses at CITY's or AGENCY'S request pursuant to this Agreement which is not specifically defined herein, said additional expenses shall be the sole obligation of CITY and AGENCY. 3 . FEDERAL-AID HIGHWAY PROJECTS There will be no Federal Highway Administration participation in any of the costs of PROJECT. 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. 8 5. CONFORMANCE WITH FEDERAL AND STATE REQUIREMENTS A. That STATE's right of way services shall be performed in accordance with the provisions of applicable Code of Federal Regulations and/or Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Acts (AKA, Public Law 92-646 and Government Code Section 7260-7274 , inclusive) respectively, and shall be in conformance to STATE's standard operating policies as set forth in STATE's Right of Way Procedural Handbooks, 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 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 pre-authorized by AGENCY in accordance with STATE's acquisition procedures. Any proposal of settlement received by AGENCY that varies from an approved appraisal will be treated in the same manner, i.e. , AGENCY shall advise STATE of the proposal and secure the concurrence of STATE prior to agreeing to a settlement based on the proposal. 6. PROJECT CLEARANCE That STATE will not commence Right of Way services until appropriate project clearances, as required by law, are furnished by CITY, specifically those related to NEPA and CEQA. 7 . CHANGES That the provisions of this Agreement may be modified, altered, or revised upon the written consent of all parties hereto. 8. TERMINATION OF AGREEMENT A. That this Agreement for Right of Way services will terminate June 30, 1996, or upon the earlier completion of services referred to herein, or upon either party giving 60 days' prior written notice to the other parties, whichever occurs first, unless the date of completion is extended by a written supplement to this Agreement. 9 B. If termination occurs prior to completion of services, STATE will provide AGENCY with the status of all individual parcels and deliver all work products to date. AGENCY will be liable for any obligations incurred by STATE for AGENCY's project and any costs incurred by STATE in connection with terminating said services. C. Should this agreement be terminated for any reason, all State funds that have not been expended or committed to the purchase of property will revert to the appropriate State Highway Account. 10 SECTION V LEGAL RELATIONS AND RESPONSIBILITIES 1. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the activities enumerated in this Agreement different from the standard of care imposed by law. 2 . It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY or AGENCY under or in connection with any work, authority or jurisdiction delegated to CITY or AGENCY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, CITY or AGENCY shall defend, indemnify and save harmless STATE, all officers and employees from all claims, suits or actions or every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY or AGENCY under or in connection with any work, authority or jurisdiction delegated to CITY or AGENCY under this Agreement except as otherwise provided by Statute. 3 . It is understood and agreed that neither CITY or AGENCY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4 , STATE shall defend, indemnify and save harmless CITY or AGENCY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement except as otherwise provided by Statute. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized and the provisions of this Agreement are effective as of the day, month, and year hereinabove written. STATE OF CALIFORNIA CITY OF REDDING DEPARTMENT OF TRANSPORTATION By By District Director of Mayor Transportation Attest: City Clerk REDDING REDEVELOPMENT AGENCY By Chairman Attest• Secretary Approved as to form and procedure: Form Approved: Attorney, Department of City's Attorney Transportation Certified as to funds and procedure: State's Accounting Officer 12 RIGHT AY DATA FOR PROJECT STUDY REP^� TO: M. D. Rose Dist 02 Co. Sha Rte. 5 PM 11.7/12.7 EA 287512 ATTN: D. Willis Date_ June 21, 1994 Proj . Desc. In Shasta County, in and near Redding from 0. 5 Mi. S. of Churn Creek OC to 0.2 Mi. S. of Loma Vista Drive OC Subj : Right of Way Data -- Alternate No. 1 Reconstruct Interchange 1.R/W Cost Estimate: Current Value Escalation Escalated (Future Use) Rate Value A. Title and Escrow Fees S 3,000 N/A% $ 3,000 B. Aquisition, including Excess Lands, Damages and Goodwill $ 60,000 N/A% $ 60,000 C. Utility Relocation (State Share) $ 57,000 N/A% $ 57,000 D. Relocation Assistance $ 0 N/A% S 0 E. Clearance/Demolition $ 0 N/A% $ 0 F. Total Current Value (Future Use) $ 120,000 G. Total Escalated Value $ 120,000 H. Construction Contract Work $ 4,000 2. Anticipated Date of Right of Way Certification February 1995 3. Parcel Data: Type Dual/Aper. Utilities RR Involvements U4-1 1 None X A 0 -2 0 C & M Agrmt. 0 B 1 0 -3 0 Svs. Contract 0 C 2 0 -4 2 Lic/RE/Clauses 0 D 0 0 U5-7 0 EXXXXXX -8 3 Misc. R/W/Work: FXXXXXX -9 0 RAP Displ. 0 Clear/Demo. 0 Total 3 Const.Permita 0 Condemnation 0 Areas: Right of Way 10, 139 S.F. Fee No. Excess Parcels 0 12,675 T.C.E. Excess Enter PMCS Screens Enter AGRE Screen (Railroad data only) / / a 5 Alternate Alternate 1 Plage 2 4. Are there any items of construction contract work? Yes No X (If yes, explain. ) 5. Provide a general description of the right of way and excess lands required (zoning, use, major improvements, critical or sensitive parcels, etc. ) No R/W required The required right of way will be from devloped commercial properties in the vicinity of the interchange. Both the southwest and southeast quadrants will be affected. The properties in the southeast quadrant are improved with a motel and a gas station. The southwest quadrant is improved with an small office. complex. The affected parcel is vacant, but in the same ownership. Zoning of the parcels is U with General Plan designations of highway commercial, retail commercial, and office. 6. Is there an effect on assessed valuation? Yes Not Significant X No (If yes, explain) . 7. Are utility facilities or Rights of Way Affected? Yes X No Aerial telephone and T. V. cable facilities may be affected. Water valve covers, sewer manhole covers, and a fire hydrant may be affected. 8. Are Railroad facilities or rights of way affected? Yes No X (If yes, attach Railroad Information Sheet, Exhibit 01-01-06) 9. Were any previously unidentified sites with hazardous waste and/or material found? Yes None Evident X (If yes, attach memorandum per Procedural Handbook Volume 1, Section 101.011) . 10. Are RAP displacements required? Yes No X (If yes, provide the following information) No. Single Family No. Business/nonprofit No. Multi-family No. Farm Based on Relocation Impact Statement/Study dated it is anticipated that sufficient replacement housing will be available without Last Resort Housing. 11. Are there material borrow and/or disposal sites required? Yes No X (If yes, explain. ) 12. Are there potential relinquishments and/or abandonments? Yes No X (If yes, explain. 02-ShA-5 • Alternate 1 'Page 3 13. Are there existing and/or potential Airspace Sites Yes No X (If yes, explain. ) 14. Indicate the anticipated Right of Way schedule and lead time requirements. (Discuss if District proposes less than formula lead time and/or if significant pressures for Project advancement are anticipated. ) Pypscan lead time (from maps to right of way to project certification) is 12 months. 15. It is anticipated that all Right of Way work will be performed by Caltrans Staff? Yes X No (If no, discuss. ) Evaluations prepared by: �f 1. Right of Way: Name �'' L�/ Date June 21, 1994 WILLIAM A. POE 2. Railroad: Name Date LP ' 02 '9 COLETTE SHURTZ 3. Utilities: Name Date L.P. 07 / C '1 Rec enfor pp o al: � c g ofqded a i al st Coordinator I have personally reviewed this Right of Way Data Sheet and all supporting information. I certify that the probable highest and best use, estimated values, escalation rates, and assumptions are reasonable and proper subject to the imiting co ions set forth, and I find this Data Sheet complete and current. BRICE D. PARIS Deputy District Director, Right of Way, District 2 Date WAP:JAS cc-BDP CEB WAP