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25L - AGMT - ON-CALL RIGHT OF WAY SRVS
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25L - AGMT - ON-CALL RIGHT OF WAY SRVS
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8/3/2015 10:29:01 AM
Creation date
7/30/2015 5:10:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25L
Date
8/4/2015
Destruction Year
2020
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Review the construction plans with the owner and tenants;. reviewing those plans with <br />property owners or tenants can alleviate their fears <br />4 .Document conditions agreed to with the property owner /tenant In both the agreement <br />language and the special provisions for bid purposes. There is a balance between <br />minimizing impacts to properties and restricting the contractors in such a way that the <br />project becomes more expensive, Epic works closely with the client, the design engineer <br />and the impacted property owner/tenants to determine which concessions can be made <br />without adversely impacting the project construction <br />Work with the construction team to develop alternate methods of construction with less <br />Impact on business owners, such as working nights and weekends <br />Construction on a large transportation improvement project can last several years. The impacts <br />to the property ownersibusinesses during that period are significant and include; maintaining <br />utility connections, road closures, safety, noise, vibrations and dust, limited access, loss of <br />parking, and loss of visibility, Epic is committed to obtaining a fair settlement between the City <br />and each property owner, and striving for .a Purchase and Sale Agreement In each transaction <br />that leads to recorded property rights.. Sometimes the design, construction or valuation issues <br />are difficult to settle on time, Epic has been successful In utilizing Possession and Use <br />Agreements that allow for additional prescribed time to negotiate valuation further. Pursuing this <br />option enables the City to achieve a right to possession recognized by Caltrans as suitable for <br />construction and also provides the property owner with an alternative to litigation. <br />When Condemnation Happens <br />It is Epic's ultimate goal to establish a fair settlement between the City and the property owner; <br />however sometimes It is necessary to resolve valuation or design differences In court. if <br />negotiations are unsuccessful, Epic`s agents will prepare summary memos outlining efforts <br />made and the reason(s) for impasse. Epic will send an impasse letter to the property owner(s) <br />and begirt eminent domain #asks, including preparation of litigation briefings, recommendations <br />and court testimony as needed. Since the laws for eminent domain have changed, getting <br />orders of possession has become a lengthier and more complex process, For properties that do <br />need to go through eminent domain, Epic will take extensive pictures prior to construction. This <br />protects the agency from exaggerated claims based upon unverifiable accounts of before- <br />construction conditions. Further, the construction sometimes moves forward so quickly that <br />often the oWner's attorney and/or experts are not able to see the property In the before <br />condition„ After filing the court case, Epic will continue the discussions that were initiated prior to <br />Tiling,. <br />Relocation Services <br />Consultant shall provide a complete relocation assistance program to comply with the Uniform <br />Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title <br />25, California Code of Regulations, its amendments, and other pertinent laws and regulations. <br />Prepare relocation Plans, Relocation Guidelines, relocation cost estimates, .project area <br />surveys and other specialized reports. <br />25L -203 <br />
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