Title
Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Ruggeri-Jensen-Azar for Survey and Mapping Services in Connection with the Proposed Transfer of the Oakland Inner Harbor Tidal Canal for an Additional 6-Month Term for a Total Term of 16-Months and in an Amount Not to Exceed $20,000 for a Total Amount Not to Exceed $218,000; and
Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Chicago Title Company for Title and Escrow Services in Connection with the Proposed Transfer of the Oakland Inner Harbor Tidal Canal for an Additional 6-Month Term for a Total Term of 16-Months, Paid Prior to Close of Escrow, Plus Title Premiums and Escrow Fees Paid at Close of Escrow. (City Attorney 2310)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Ruggeri-Jensen-Azar for Survey and Mapping Services in Connection with the Proposed Transfer of the Oakland Inner Harbor Tidal Canal for an Additional 6-Month Term for a Total Term of 16-Months and in an Amount Not to Exceed $20,000 for a Total Amount Not to Exceed $218,000;
AND
Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Chicago Title Company for Title and Escrow Services in Connection with the Proposed Transfer of the Oakland Inner Harbor Tidal Canal for an Additional 6-Month Term for a Total Term of 16-Months, Paid Prior to Close of Escrow, Plus Title Premiums and Escrow Fees Paid at Close of Escrow
BACKGROUND
The Oakland Inner Harbor Tidal Canal ("Tidal Canal") is a 1.8 mile long, 400 feet wide portion of the waterway between Oakland and Alameda that was dredged in 1882 by the US Army Corps of Engineers ("Army Corps") to create a tidal effect throughout the Oakland Estuary. The Tidal Canal covers 85 acres and is currently owned by the Army Corps.
The Army Corp desires to transfer ownership of the Tidal Canal to one or more public entities at no cost and has legislative authority to do so. The Army Corps has offered to convey half of the Tidal Canal (split down the middle) to the City of Oakland and the other half to the City of Alameda. Staff provided a status update on negotiations to the City Council in open session on April 7, 2015 and on September 15, 2015. At those meetings, the City Council gave further direction to staff and heard public comment regarding this matter. The City Council expressed its support for the project.
On October 20, 2015 the City Council authorized the Interim City Manager to execute agreements with Rugger-Jensen-Azar and Chicago Title Company.
DISCUSSION
Ruggeri-Jensen-Azar (“RJA”), has provided survey and mapping services to the City in connection with the Tidal Canal Project. RJA also assisted staff with the subdivision map application and review process before the Planning Board. The original contract needs to be amended to add an additional 6-months to the term and $20,000 to the compensation in order to complete the proposed transfer of the Tidal Canal.
Chicago Title Company, has provided title and escrow services in connection with the Tidal Canal Project. Chicago Title has done historical research on the existing condition of title; provided escrow services to manage the transfer from the Army Corps to the City and then from the City to the subsequent purchasers; and provided title insurance to the purchasers who request title insurance. The original contract needs to be amended to add an additional 6-months to the term in order to complete the proposed transfer of the Tidal Canal.
Staff now requests that the City Council approve two contract amendments in furtherance of the project.
FINANCIAL IMPACT
Budget for the contracts is included in the Capital Improvement Project Fund (Project No. 91624). The proposed contracts amendments are presented below:
|
RJA Contract |
Approval Date |
Authorized Amount |
Expended to Date |
|
Original Contract |
10/20/2015 |
$198,000.00 |
$187,505.08 |
|
1st Amendment (as proposed) |
12/20/2016 |
$20,000.00 |
$0.00 |
|
Total |
|
$218,000.00 |
$187,505.08 |
|
Chicago Title Company Contract |
Approval Date |
Authorized Amount |
Expended to Date |
|
Original Contract |
10/20/2015 |
$60,000.00 |
$1,650.00 |
|
1st Amendment (as proposed) |
12/20/2016 |
Term Only |
$0.00 |
|
Total |
|
$60,000.00 |
$1,650.00 |
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
RECOMMENDATION
Authorize the City Manager to Execute an Amendment to the Agreement with Ruggeri-Jensen-Azar for Survey and Mapping Services in Connection with the proposed transfer of the Oakland Inner Harbor Tidal Canal for an additional 6-month term for a total term of 16-months and in an amount not to exceed $20,000 for a total amount not to exceed $218,000;
AND
Recommendation to Authorize the City Manager to Execute an Amendment to the Agreement with Chicago Title Company for Title and Escrow Services in Connection with the proposed transfer of the Oakland Inner Harbor Tidal Canal for an additional 6-month term for a total term of 16-months paid prior to close of escrow, plus title premiums and escrow fees paid at close of escrow.
Respectfully submitted,
Janet C. Kern, City Attorney
By:
Andrico Q. Penick, Assistant City Attorney
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Ruggeri-Jensen-Azar Contract
2. Ruggeri-Jensen-Azar 1st Amendment
3. Chicago Title Company Contract
4. Chicago Title Company 1st Amendment