HomeMy WebLinkAbout11 - Big Canyon Creek Restoration ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
December 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3322
rstein @newportbeachca.gov
SUBJECT: BIG CANYON CREEK RESTORATION PROJECT — APPROVAL OF A
REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY
SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF A
MAINTENANCE ROAD IN BIG CANYON
IT, 114 1:1 11.7119 RI
Approve an agreement with the Orange County Sanitation District (OCSD) for
reimbursement by OCSD for costs associated with design of the Big Canyon Creek
Restoration Project and for reimbursement of future costs associated with managing,
permitting, gaining CEQA approvals and constructing an OCSD maintenance road as
part of a future restoration project in Big Canyon Creek.
DISCUSSION:
The OCSD Big Canyon Trunk Sewer traverses through the Big Canyon Creek East of
Jamboree Road to Back Bay Drive. OCSD has requested the City include construction
of a maintenance access road to one of OCSD's manholes as part of the City's
restoration efforts in Big Canyon Creek. The original intent was to construct the
maintenance road in concert with the City's Big Canyon Creek Restoration Project
beginning in Fall, 2009. However, this restoration project has been withdrawn and a
smaller future project is now being considered. While there is no date yet scheduled for
this future project, it will be advantageous to proceed with this reimbursement
agreement so that the City can immediately recover costs of $66,925 spent on the
design of the OCSD maintenance road and $10,000 expended for project management.
The wording of the attached proposed reimbursement agreement is very similar to the
recent reimbursement agreement signed with OCSD for work on the upstream portion
of the Big Canyon Trunk Sewer within the Big Canyon County Club area. Under the
terms of this proposed reimbursement agreement, the City will be responsible for
gaining the CEQA approvals, performing the design, processing the permit applications
for approval, bidding and awarding the project, and supervising and inspecting the
construction. The agreement provides for gaining approval from OCSD for the final
engineering design documents for tasks related to OCSD facilities. Additionally, all
change orders related to OCSD facilities must be approved by OCSD. At its discretion,
OSCD will provide construction management oversight and inspection of construction of
its facilities. In compensation, this agreement provides for OCSD to reimburse the City
SUBJECT: Big Canyon Creek Restoration Project — Approval of Reimbursement Agreement with Orange County Sanitation
District for Design and Construction Support Services
December 8, 2009
Page 2
immediately for costs spent for the design of the maintenance road and expenses for
project management:
1. Preliminary Engineering Design* $28,222.00
2. Final Engineering Design* 38,703.00
3. Contract Project Management" 10,000.00
Design Subtotal $76,925.00
*These amounts were verbally negotiated with OCSD in December 2007 and were reflected
in the December 11, 2007 Council Memo approving the professional services agreement
with VA Consulting (attached). Under this currently proposed agreement, these amounts
will be formally incorporated into the OCSD reimbursement package.
** This amount was appropriated by the City Council on January 13, 2009 and was used for
project management services during the design phase.
Additionally, the agreement provides for OCSD to reimburse the City for permitting and
construction once the project moves forward. Appropriation of these construction -
related costs will be included in. a future Capital Improvements Program budget and are
estimated as follows:
4. CEQA and Permits $ 3,075.00
5. Construction 432,163.00
6. Administrative Fee (4 %) 20,837.00
Construction Subtotal $456,075.00
Estimated Total (Items 1 -6) $533,000.00
Once a future restoration project is determined, City will reevaluate cost estimates and
meet with OCSD to finalize reimbursement costs.
Environmental Review:
A Mitigated Negative Declaration (MND) has been prepared for the restoration project
as originally conceived. This MND includes the proposed OCSD maintenance road.
Once a new project is defined, the MND will be reviewed and modified as necessary.
Pre
Robert Stein
Assistant City Engineer
Submitted by:
�h( . Badum
Works Director
Attachments: Reimbursement Agreement for the Big Canyon Trunk with OSCD
December 11, 2007 Council Memo Approving VA Consulting Inc.
Contract for Final Engineering Services
REIMBURSEMENT AGREEMENT
BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF
NEWPORT BEACH FOR ACCESS IMPROVEMENTS TO SEWERS IN THE BIG
CANYON NATURE PARK AREA. OCSD Project No. 5 -64
THIS REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered
into on this day of , 2009, by and between the ORANGE
COUNTY SANITATION DISTRICT, a County Sanitation District ( "District "), and the
CITY OF NEWPORT BEACH, California, a Municipal Corporation ( "City "). District and
City are sometimes hereinafter individually referred to as "Party" and collectively
referred to as "Parties."
RECITALS
WHEREAS, District is a duly organized County Sanitation District existing
pursuant to the County Sanitation District Act, California Health and Safety Code
Sections 4700 et seq., providing for the ownership, operation, and maintenance of
wastewater collection, treatment, and disposal facilities within Orange County,
California;
WHEREAS, City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the Charter of the
City;
WHEREAS, District owns, operates and maintains fifteen inch (15 ") to twenty -
four inch (24 ") trunk sewers and related manholes ( "Sewers ") within the Cityw located
beneath the Big Canyon Nature Park Area;
WHEREAS, a portion of the Sewers within the Big Canyon Nature Park Area are
currently inaccessible from the existing maintenance access road due to the presence
of a natural creek;
WHEREAS, City is planning implemetentation of a Nature Park Restoration
Project ( "Restoration ") within the Big Canyon Nature Area and as part of this
implementation of the Restoration, the City has agreed to grant the District a non-
exclusive easement, divert the creek through a ten foot (10') pipe, construct a retaining
wall and extend the existing access road to the District's Sewers ( "Access
Improvements ");
WHEREAS, City and District desire to construct the Access Improvements and
perform the Restoration simultaneously ( "Joint Project ") so as to minimize the impacts
to the environment, the public and surrounding homeowners;
WHEREAS, City has agreed to administer and enter into the design and
construction contracts for the Joint Project; and
WHEREAS, District has agreed to reimburse the City for all costs associated with
the construction of the Access Improvements subject to the conditions set forth in this
Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows:
SECTION 1. RECITALS
The Recitals above are deemed true and correct, are hereby incorporated in this
Section as though fully set forth herein, and each Party to this Agreement
acknowledges and agrees that they are bound by the same.
SECTION 2. ELEMENTS OF AGREEMENT
City and District shall work cooperatively together so the Joint Project may be
constructed in a manner that minimizes the costs and impacts to the public. The
specific terms and conditions governing the elements of this Agreement are set forth
below.
SECTION 3. CITY'S SPECIFIC OBLIGATIONS
A. City shall enter into and administer contracts for the design and construction
services necessary for the Joint Project.
B. City shall grant District a non - exclusive easement allowing vehicle and
pedestrian ingress and egress on the maintenance access road for the purpose of
allowing District access to its Sewers. The easement and the easement's legal
description is attached to this Agreement as Exhibit "A" and is incorporated herein by
reference.
C. As part of the Access Improvements' construction the City will extend the existing
dirt road to the District's Sewers and provide all additional work necessary to support
the access road's extension, including but not limited to the construction of a retaining
wall and the placement of a ten foot (10') diameter pipe to divert the creek. City shall
construct the Access Improvements according to the standards currently employed by
the City for the construction of dirt roads, retaining walls and the placement of .pipes.
D. City shall submit the Access Improvements' construction documents to the
District for review and approval by the District's Director of Engineering. The drawings
and specifications shall meet District's standards and technical requirements for items
affecting the District and shall have separate bid items so that the City's and District's
costs can be easily identified. District shall not unreasonably withhold its approval of
the construction documents.
E. City shall be responsible for compliance with the California Environmental Quality
Act ( "CEQA ") (Pub. Resources Code, Sections 21000 of seq.) for all activities
associated with the Joint Project and City shall be the lead agency for purposes of
CEQA. In such capacity, the City's City Council adopted a Mitigated Negative
Declaration ( "MND ") for the Joint Project on August 11, 2009. A copy of the Resolution
adopting the MND is attached to this Agreement as Exhibit "B" and is incorporated
herein by reference.
F. City shall prepare and issue a public works bid package for the Joint Project and
administer the construction contract(s) for the Joint Project.
G. Upon opening of bids, City shall submit results for the Access Improvements for
review and approval by District. District shall have a period of three (3) working days
for review of bid results and approval or rejection of the apparent responsive low
bidder. In the event the District rejects the responsive low bidder, the City shall reject all
bids or shall proceed with the Access Improvements' construction at its sole cost and
expense without reimbursement from the District for expenses from that point forward.
Money previously expended on District's behalf by City shall be reimbursed by District
to City according to the terms of this Agreement.
H. City shall obtain all necessary permits for construction of the Joint Project from
federal, state and local authorities.
I. Provided the District or City do not reject the apparent responsive low bidder,
City shall enter into a contract for construction of the Joint Project in accordance with
the approved construction documents.
J. City shall require a one (1) year warranty on the Joint Project from its
construction contractor. The Access Improvements portion of the warranty shall be
assigned to District upon the completion of the Access Improvements and the granting
of the non - exclusive easement by the City. Such warranty shall read as follows:
"Contractor guarantees for a period of one (1) year from the date of final
acceptance of the work by City that the Contractor shall repair or remove
and replace any work, together with any other work which may be
displaced in so doing, that is found to be defective in workmanship and /or
materials without any expense to City or its assigns, ordinary wear and
tear excepted. If Contractor fails to comply with this warranty within one
(1) week after being notified in writing, City or its assigns are authorized to
proceed to have the defects remedied at Contractor's expense.
Contractor shall pay the cost and charges thereof immediately on
demand. If, in the opinion of City or its assigns, defective work detected
during the guarantee period creates a dangerous condition or requires
immediate correction or modification to prevent further loss to City or its
assigns or to prevent interruption of City's or its assigns' operations, City
or its assigns shall be authorized to repair the condition without prior
notice to the Contractor and Contractor shall pay the cost and charges
thereof immediately upon demand. Contractor's obligations under this
section are in addition to Contractor's other express or implied assurances
under this Agreement and State law and in no way diminish any other
rights that City or its assigns may have against Contractor for faulty
materials, equipment, or work. Contractor agrees that this warranty and
guarantee shall be freely assignable to the Orange County Sanitation
District without any further notice to or consent from Contractor. The
Faithful Performance Bond and Labor and Materials Bond required under
this Agreement shall continue in full force and effect for the guarantee
period."
K. City shall promptly inform the District during the course of the Access
Improvements' construction of any proposed change orders to the construction contract.
Copies of proposed change orders affecting the District will be provided to the District
within thirty (30) calendar days of submission to City. All change orders shall be subject
to District's approval if, and to the extent, the Access Improvements are affected
thereby. District agrees not to unreasonably withhold its approval to such change
orders.
L. City shall furnish and deliver to District all record drawings of the Access
Improvements and any additional project - related documents requested by District at no
cost to District.
SECTION 4, DISTRICT'S SPECIFIC OBLIGATIONS
A. District shall reimburse City for all costs and expenses for the design and
construction attributable to the Access Improvements and services related thereto
including, but not limited to services and costs for design consulting engineer, contract
project management, outside construction support, such as geotechnical or survey
work, the pro rata share of CEQA costs and necessary permits, temporary construction
easements, and access agreements. The District shall also pay the City an amount
equal to four percent (4 %) of the amount of all of said costs and expenses, which shall
be considered the City's "Administrative Fee," which is intended to cover the costs
incurred by the City for its internal costs related to the Access Improvements. The
District's share of Joint Project costs shall not include costs and services for the design
and construction of the City's Restoration improvements.
B. District and City shall share discretion and approval authority for all aspects of
the design and construction of the Access Improvements, as well as construction
change orders related thereto. District shall assign a resident engineer to oversee
change orders, if any.
C. District shall provide construction management and inspection services for their
portion of the Joint Project. District shall inspect construction of the Access
Improvements as it deems necessary to assure compliance with the approved drawings
and specifications, including shop drawing review and/or material inspection thereof.
District shall promptly notify City if any portion of the work appears not to conform to the
construction documents and shall work with the City on all items affecting the District
associated with the Access Improvements' construction.
D. Once completed, the District shall maintain, and repair as necessary, the Access
Improvements to the satisfaction of the City. The District shall conduct scheduled
periodic inspections of the Access Improvements to ensure they are in working order
and notify the City of any required repairs. If repairs are deemed necessary by the City,
the District shall commence the repairs no later than seven (7) working days after
receiving notice from the City to commence the repairs. The District shall be solely
responsible for the maintenance, inspection and repair costs, unless previously agreed
to in writing by the City.
SECTION 5. TIMING AND AMOUNT OF REIMBURSEMENT
For each payment made by City to its consultants or contractors in connection with the
Access Improvements, including all progress and final payments, City shall submit an
invoice to District setting forth District's share of the payment, accompanied by a copy of
any supporting documentation that substantiates the calculation of the District's portion.
Within forty -five (45) days following receipt of each invoice, District shall pay the City the
full amount of such invoice plus the pro rata share of the Administrative Fee.
The projected costs are:
1. Preliminary Engineering Design $28,222
2. Final Engineering Design
$38,703
3. CEQA and Permits
$3,075
4. Contract Project Management
$10,000
5. Construction
$432,163
6. Administrative Fee (4 %)
$20,837
Estimated Total
$533,000
The District's obligation to reimburse the City hereunder is estimated at a cumulative
total of $533,000. The construction costs are more fully detailed and explained in the
cost estimate attached to this Agreement as Exhibit "C" and incorporated herein by
reference. The costs not detailed in Exhibit "C" (e.g., preliminary engineering design,
final engineering design, CEQA and permits and contract project management) were
verbally negotiated between the City and District in December 2007. The City agrees to
notify the District at the earliest opportunity if the District's share is expected to exceed
$533,000 anytime during the Joint Project. The City will not expend more than
$533,000 on the Access Improvements without the written authorization of District. If
the costs exceed $533,000 and District refuses to expend additional funds the City shall
be released from its obligations under this Agreement.
SECTION 6. INDEMNIFICATION
District shall indemnify, defend and hold City, its elected and appointed officials,
officers, agents, employees, and consultants, harmless from any and all actions, suits,
claims, liability or expense for death, injury, loss or damage to persons or property
which may arise or is claimed to have arisen as a result of any act performed by District,
its officers, agents, employees or consultants, with respect to the construction of the
Joint Project or following District's acceptance of the District's portion of the Access
Improvements, as a result of or in connection with the maintenance, repair and
operation of the improvements, save and except in those instances where such
expense, liability or claim is solely caused by any deliberate, reckless, or grossly
negligent act or omission of City, its officers, agents, employees or consultants. District
shall also indemnify, defend and hold City, its elected and appointed officials, officers,
agents, employees, and consultants, harmless from any and all actions, suits, claims,
liability, cost or expense which may arise or is claimed to have arisen as a result of the
District's denial of any change order or part thereof.
SECTION 7. INSURANCE
City shall require the Joint Project's construction contractor to maintain insurance
policies in the amounts stated herein during all times of the construction project. City
shall not allow a contractor or subcontractor(s) to commence work on the Joint Project
until such insurance is obtained in accordance with the requirements of this section.
City shall require that insurers be admitted carriers and authorized to transact business
in the State of California and that insurers have an "A2, or better, Policyholder's Rating,
and a Financial Rating of at least Class VII, or better, in accordance with the most
current A.M. Best Rating Guide. City shall include a provision in its contract with
contractor that District may require contractor to substitute any insurer whose rating
drops below the levels herein specified and that the substitution shall occur within
twenty (20) calendar days of written notice to contractor by District or its agent.
City shall require contractor to furnish District with original certificates and amendatory
endorsements effecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. District reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these specifications, at any time upon written notice to the City.
City shall require that all general liability and automobile liability policies be endorsed to
name the District and City, their officers, employees, agents, and consultants as
additional insureds. City shall require that each insurance policy required herein be
endorsed to state that coverage shall not be cancelled by either Party, except after thirty
(30) calendar days' written notice. City shall require coverage in at least the following
amounts:
A. General Liability. $2,000,000 per occurrence for bodily injury,
personal injury, and property damage and $4,000,000.aggregate for bodily
injury, personal injury, and property damage.
B. Automobile Liability. $2,000,000 combined single limit per accident
for bodily injury and property damage, including non -owned and hired
vehicles.
C. Workers' Compensation. Workers' Compensation, in accordance
with the Workers' Compensation Act of the State of California for a
minimum of $1,000,000 or such minimum limits as the required by the
State, whichever is greater. Such Workers' Compensation Insurance shall
be endorsed to provide for a waiver of subrogation against District.
SECTION 8. ERRORS & OMISSIONS
City acknowledges that City's consultant, VA Consulting Inc., is providing a number of
services related to the Access Improvements. However, District is not in a direct
contractual relationship with City's consultant and is unable to enforce the errors and
omissions clause against City's consultant. Therefore, on behalf of District City agrees
to enforce Section 24 (Errors & Omissions) of the December 11, 2007 Professional
Services Agreement with VA Consulting Inc. for Big Canyon Creek Restoration Project
against City's consultant at District's written request.
SECTION 9. TERM
This Agreement shall remain in full force and effect unless and until the Agreement is
terminated in writing by both Parties.
SECTION 10. NOTICES
All notices or other communications required or permitted hereunder shall be in writing
and shall be personally delivered or sent by registered or certified mail, postage
prepaid, return receipt requested, delivered or sent by electronic transmission, and shall
be deemed received upon the earlier of: (i) the date of delivery to the address of the
person to receive such notice if delivered personally or by messenger or overnight
courier; (ii) three (3) business days after the date of posting by the United States Post
Office if by mail; or (iii) when sent if given by electronic transmission. Any notice,
request, demand, direction, or other communication sent by electronic transmission
must be confirmed within forty -eight (48) hours by letter mailed or delivered. Notices or
other communications shall be addressed as follows:
To District: Orange County Sanitation District
Post Office Box 8127
Fountain Valley, CA 92728 -8127
Attention: Penny Kyle, Clerk of the Board
Facsimile: (714) 962 -0356
To City: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Steve Badum, Public Works Director
Facsimile: (949) 644 -3020
SECTION 11. JURISDICTION
In the event of a dispute regarding performance or interpretation of this Agreement, the
venue for any action to enforce or interpret this Agreement shall lie in the Superior Court
of California for Orange County.
SECTION 12. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into by and for the District and the City, and nothing herein is
intended to establish rights or interests in individuals or entities not a party hereto.
SECTION 13. FORCE MAJEURE
Except for the payment of money, neither Party shall be liable for any delays or other
non - performance resulting from circumstances or causes beyond its reasonable control,
including without limitation, fire or other casualty, Act of God, strike or labor dispute, war
or other violence, acts of third - parties, or any law, order, or requirement of any
governmental agency or authority.
SECTION 14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. Venue shall be
in Orange County, California.
SECTION 15. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations and agreements between the Parties
pertaining to the subject matter hereof.
SECTION 16. WAIVER
A waiver of a breach of the covenants, conditions, or obligations under this Agreement
by either Party shall not be construed as a waiver of any succeeding breach of the
same or other covenants, conditions, or obligations of this Agreement.
SECTION 17. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both District and City and approved as to form by the City Attorney.
SECTION 18. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
SECTION 19. AGREEMENT EXECUTION AND AUTHORIZATION
Each of the undersigned represents and warrants that they are duly authorized to
execute and deliver this Agreement and that such execution is binding upon the entity
on whose behalf they are executing this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
APPROVED AS TO FORM:
By
General Counsel
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
V00.01
�' -..
ATTEST:
By
Leilani I. Brown,
City Clerk
ORANGE COUNTY SANITATION DISTRICT
By
James Ruth, General Manager
By
Secretary, Board of Directors
CITY OF NEWPORT BEACH,
A Municipal Corporation
By
Edward Selich, Mayor
Attachments: Exhibit A- Non - exclusive Easement & Legal Description
Exhibit B- Resolution Adopting Joint Project MND
Exhibit C- Construction Costs Estimate
[END OF SIGNATURES]
Exhibit 'A"
Non-exclusive Easement & Legal', Dbtcription
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: City Clerk
Exempt from Recording Fees Pursuant to
Government Code §§ 6103 & 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT OF EASEMENT
This Grant of Easement (this "Easement ") is entered into as of - 2009
( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "Grantor ") and ORANGE COUNTY SANITATION DISTRICT, a California County Sanitation
District, its successors and assigns (referred to as the "Grantee"), with reference to the following
facts.
A. Grantor is the fee owner of certain real property located in the City of Newport
Beach, County of Orange, State of California, commonly referred to as the Big Canyon Nature
Park Area,(the "Grantor's Property ").
B. Grantor desires to convey to Grantee a non - exclusive easement for pedestrican
and vehicle ingress and egress over that portion of the Grantor's Property, which property is
more particularly described in Exhibit "A" attached hereto and incorporated by this reference
("Easement Area "), subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants, benefits,
obligations and agreements set forth herein, the parties agree as follows:
1. Grant of Easement. Grantor grants to Grantee, and Grantee accepts the grant
of, a non - exclusive easement on, over, under and across the Easement Area for pedestrian and
vehicle access in order to inspect, maintain and repair Grantee's sewers, manholes and related
sewer equipment (the "District Facilities ").
2. Nonexclusive Easement. The Easement is non - exclusive and the Grantor
reserves all rights compatible with and not prejudicial to the construction, operation,
maintenance and repair of or access to the District Facilities,
3. Indemnification. To the fullest extent permitted by law, Grantee, its successors
or assigns, agrees to indemnity, defend with counsel approved in writing by Grantor, and hold
harmless Grantor and its elected and appointed officials, officers, agents and employees
( "Indemnified Parties ") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including without limitation, attorneys' fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a "Claim;" collectively, "Claims "), which arise from the
Grantee's its agents', employees', invitees', or contractors' use of the Easement Area, or the
operation, inspection, maintenance, repair and/or continued existence of the District Facilities on
the Easement Area.
Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify
the Indemnified Parties from any Claim arising from the willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys; fees
in any action on or to enforce the terms of this Grant of Easement.
4. Joint and Several Liability. Unless otherwise provided in this Grant of
Easement, the terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom
shall be jointly and severally liable hereunder.
5. Commencement of Easement. The Easement rights contained herein shall
commence upon recordation of this Easement in the Official Records of the County of Orange.
6. Taxes. The payment of any real property taxes and assessments relating to the
Easement granted herein shall be borne by the Grantee.
7. Permitted Use. Grantee shall use or permit the use of the Easement solely for
the purposes stated in Section 1 hereof.
& Successors and Assims. This Agreement, including the grant of Easement and
all rights and duties of the parties, shall run with the land and inure to the benefit of and be
binding upon the heirs, successors and assigns of the parties hereto.
9. Miscellaneous Provisions.
A. There are no representations, warranties or other agreements between the
parties as to the matters described in this Agreement except as expressly stated herein, and this
Agreement fully states the agreement of the parties as to such matters.
B. No change, amendment, alteration or revision of this Agreement shall be
valid unless in writing and signed by the parties hereto.
C. In any action or proceeding between the parties to enforce any provision
hereof; the party prevailing shall not be entitled to reasonable attorney's fees in addition to such
other relief.
D. Except as otherwise provided herein, all covenants, agreements and
representations will survive the execution of this Agreement and any conveyances, transfers and
deliveries contemplated herein.
E. This agreement shall be interpreted, enforced and governed by the laws of
the State of California.
2
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By
yne e ,
Assistant City Attomey
ATTEST:
0
Leilani I. Brown,
City Clerk
GRANTEE:
APPROVED AS TO FORM:
By
General Counsel
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward Selich, Mayor
ORANGE COUNTY SANITATION DISTRICT
By
James Ruth, General Manager
M.
Secretary, Board of Directors
State of California )
) ss.
County of Orange )
On before me, , Notary Public, personally appeared EDWARD
SELICH, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capadty(ies), and that by his signature
on the instrument the person, or the enfity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
(Seal)
Stale of California }
) ss.
County of Orange }
On before me, Notary Public, personally appeared.
who
Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacily(les), and that by his signature on the
instrument the person, or the enfity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
(Seal)
0
EXHIBIT'A'
LEGAL DESCRIPTION
BEING A PORTION OF LOT 56 OF IRVINE SUBDIVISION AS PER MAP RECORDED IN BOOK
1, PAGE 88, OF MISCELLANEOUS RECORD MAPS, IN'THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF GRANT. DEED AS DESCRIBED IN
INSTRUMENT NO. 85- 399606, RECORDED OCTOBER 17, 1985, AND BEING A POINT ON
THE WESTERLY. RIGHT OF WAY LINE OF JAMBOREE ROAD, 132.06 FEET WIDE AS
DESCRIBED IN BOOK 7964, PAGE 631 OF OFFICIAL RECORDS OF SAID COUNTY, SAID
WESTERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5950.00
FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 56°27'34" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF. 00 031'55"
AN ARC DISTANCE OF 55,24 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 43 °37'44" WEST, 16.59 FEET;
THENCE NORTH 56 °04'55" WEST, 22.68 FEET TO THE BEGINNING OF A CURVE CONCAVE .
NORTHEASTERLY WITH A RADIUS OF 87.50 FEET;
THENCE.ALONG LAST'SAID CURVE THROUGH A CENTRAL ANGLE.OF 53 °02'43" AN ARC
DISTANCE OF 01.01 FEET;
THENCE NORTH 05 °02'12" WEST, 86.65 FEET TO THE. BEGINNING OF A'CURVE CONCAVE
EASTERLY WITH A RADIUS OF 82.50 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 35 034.'25" AN ARC
DISTANCE'OF 51'.22 FEET;
THENCE, NORTH 30 632'13" EAST, 0.51 FEET. TO THE BEGINNING OF A CURVE CONCAVE.
SOUTHEASTERLY WITH A RADIUS OF 92.50 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39 °31'25" AN:ARC
DISTANCE OF 63.81 FEET;
THENCE SOUTH 70 °03'38" WEST, 22.25 FEET;
THENCE NORTH 08 °54'49" EAST, 14.98 FEET;
THENCE SOUTH 70 °1650" EAST, 20.45 FEET;
THENCE NORTH 54 651'01" EAST, 15.24 FEET;
THENCE NORTH .43 °07'35" EAST, 114.63 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY WITH A RADIUS OF 23800 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 22-0328- AN ARC .
DISTANCE OF 91_63 FEET;
THENCE NORTH 21 °04'07" EAST; 87.09 FEET TO THE BEGINNING OF A CURVE.CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 102.50 FEET;' ,
PAGE I.OF 3
EXHIBIT'A'
LEGAL DESCRIPTION
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 42 °01'27" AN ARC
DISTANCE OF 75.18 FEET;
THENCE SOUTH 63 °05:34" WEST, 35.11 FEET TO THE, BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY WITH A RADIUS OF 92.50 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 36 "36'05" AN ARC
DISTANCE OF 59.09 FEET;
THENCE NORTH 26°29'28' EAST, 175.46 FEET;
THENCE NORTH 25 048'31" WEST. 40.03 FEET;
THENCE NORTH 25 °38'29" EAST, 96.90 FEET;
THENCE SOUTH 64 021'31 ". EAST, 45.76 FEET TO THE'BEGINNING OF A CURVE .CONCAVE
SOUTHWESTERLY WITH A RADIUS OF 10.00 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 89- 52'41" AN ARC
DISTANCE OF 15.69 FEET;
THENCE SOUTH 25"31A0" WEST, 64.51 FEET;
THENCE SOUTH 29 °36'57" WEST, 87.68 FEET;
THENCE SOUTH 26 °29'28" WEST, 218.46 FEET;
THENCE SOUTH 34 038'06" WEST, 310.61 FEET;
THENCE NORTH 70"16'50^ WEST; 74.32 FEET;
THENCE SOUTH 70°03'36" WEST, 32.07 FEET TO.THE'BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY. WITH A RADIUS OF 77.50:PEET;
THENCE ALONG, LAST SAID. CURVE THROUGH A CENTRAL ANGLE OF 39 °31'25" AN ARC
DISTANCE OF 53.46 FEET;
THENCE SOUTH 30 032'13' WEST,.0.51 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY WITH A RADIUS OF 07.50 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 35°34'25 ": AN ARC
DISTANCE OF 41.91 FEET;
THENCE SOUTH 05 "02'12" EAST, 68.65 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY WITH A RADIUS OF 72.50 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 53 002'43" AN ARC
DISTANCE OF 67:12 FEET;
THENCE SOUTH 58 "04'55" EAST, 22.68 FEET;
PAGE20F3
e
EXHIBIT `A'
LEGAL DESCRIPTION
THENCE SOUTH 72-07-55- EAST, 16.97 FEET TO A POINT ON SAID WESTERLY RIGHT OF
WAY LINE OF JAMBOREE ROAD, SAID POINT BEING ON A CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 5950.00 FEET; A RADIAL LINE TO SAID POINT BEARS SOUTH
57°12'56" EAST;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 60 °13'26" AN ARC
DISTANCE OF 23.26 FEET TO THE POINT OF BEGINNING.
ALL AS SHOWN ON EXHIBIT'S', ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY AND EASEMENTS OF RECORD, IF ANY: .
CONTAINING AN AREA OF 0,91 ACRES, MORE OR LESS.
THIS DESCRIPTION. HAS, BEEN PREPARED BY ME OR UNDER MY DIRECTION AND DATED
THIS.ZZvrA DAY OF MAY, 2009.
LAND
Not 4yz lb�
* Exp. 09 Ap
J.O. AUSTINSON, P.L.S, 5394._ FOR.; CAU�� P
LICENSE EXPIRES.09/3W10
PAGE 3 OF 3
NOTE: SEE PAGE 4 OF 4 FOR
LINE, CURVE AND RADIAL
INFORMATION.
LOT 56. GRANT DEED
IRVINE SUBDIVISION INST. NO. 85- 399606`
M.R.M. 1%88 / . \REC'D. 10/17/85
f . A)
-N
A
TRACT 6947
M. B.. 285/8. 12
ZI
Nl
0
N
N
g
as
a�
r
LEGEND:
RIGHT OF WAY LINE
CENTER. LINE —
LEGAL DESCRIPTION
BOUNDARY LINE .
LOT. LINE
VA CONSULTING INC.
47VR. ENGWEENS_ .
V s \�
LAM S8MMS UN9 M
'y A. 6400 ON( fiWYQ'L AlIE t50
MME, CA 47616 - d4W pt/1a0
'°,1�
M
a i
Cls
O oi6A5
�4 �O ro
(Q�`' �..
OP
<2 C17 R3 Qtc� 7
3.
v; R2 /
i 66
XwANqD SUR/�.
i
No. 5394. " ?.
NOTE:. * Exp. oS /3o /l0
( )= INFORMATION PER
INST. NO. 85= 399606 of cae�f °�
AND TRACT 6947
AREA =:D.91' A.C.
��ES�p PEN90N 4MlE.,. ..
EXHIBIT 'IT _YRDJECT NQ 37, UI00.
NNEA6 - PLAT, - Ua,E;'66/re0/0Y -. , ao•.:._
TO aCC ANY TECAI OESCRIPnM M PROD NOR: wv P1acE
THE OI W NENPORT BEACH SuRVEY01t 1
COUNTY 0G. 0RFN4E, STAGE OF CAIwcivxA ,� - t}
NOTE: SEE PAGE 4 OF 4 FOR
LINE, CURVE AND RADIAL
INFORMATION.
GRANT DEED
INST. NO. 85- 399606
REC'D, 10/17/85
5`'...
oA
LAND SV
AUgrJRIFO
LEGEND: ? ?
09 /3o /t0
RIGHT OF WAY LINE p
CENTER LINE.
LEGAL DESCRIPTION e�F .CAI df°
BOUNDARY LINE
LOT LINE AREA =0:91 A.G.
VAJ -'
VA _CONSULTING INC
- CIVIL EN"FR9
wo anvEYaas [ANO aANNeRa
EXHIBIT 'B'
PLAT
TO ACCOMPANY LEGAL DESCRIPTION RI
. ME ON OF NEWPORT - BEACH.
COUNTY OF ORANGE. STATE OF CALFORNIA
gSuswR DATE, .:
PRG EC NQ JTJ AO9
OAic
m GOVs pRa ucR: oov
eAa
- 2
L
61W OAK CANYON SU1E %0
- RIVME, CA 92616 mss) �~
SURALrOR: AA
NOTE: SEE PAGE 4 OF 4 FOR
UNE, CURVE AND RADIAL
INFORMATION.
e
-N- 4,
`41 q 30
GRANT DEED
INST. N0. 85- 399606
RECD. '10/17/85
AUS�.yNFt
OP
LEGEND: No 5394 z
.RIGHT OF' WAY LINE NOTE: * ExP o9/30/10 * .
CENTER 'LINE - )==INFORMATION PER N9r o��w
LEGAL DESCRIPTION INST. NO 85- 399606: Da cu+ }F
BOUNDARY LINE AND TRACT 5425..
LOT, LINE . AREA= 0.91,. X
VA CONSULTING BBC
EXHLq I oRO ECr xa na_aao..
cm ENOINEQI$
LAM RRVEV e$ Wil) RM#M PLAT
TU AW WAVY LEGAL DESCRIMM IN PROJ 4M' Wv .
y iw OM CANYON. Sm ISO "4.A QhNW liK aw OF NENPORT DEA 4AtKttR JDA J
.. IRVINE, CA'Wle CDVNTV DE'DRANM, STATE DF..DAUFO?NIA oRAF1W: iCE'
LINE TABLE
LINE
BEARING
LENGTH
L1
N43`37'44 "W
16:59'.
L2
N58'04'55 "W
22.68'
L3
N05'0212 "W
68.65'
L4
N30'32'13 "E
0.51'
L5
S70'03'38 "W
22.25' .
L6
N08'54'49 "E
14.98'
0
S70'16'50 "E
20.45'
L8
N54'51'01 "E
15.24'
L9
N21'04'07 "E
87.09'
L10
563'05'34 "W
35:11'
L11
N25'4B'31 "W
40,03'
L72
N25'38'29 "E
.36.90'.
L13
S64'21'31 "E
45.78'
L14
S25'31'.10 "W
64.51'
L15
N70 *16'50 "W
74.32'
L16
870.'03'38 "W
32,07'
L17
572'07'55 "E
16.97'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
55.24'
5950.00'
00'31'55"
C2
81:01'
87,50'
53'02'43 "• .
C3
5L22'
82.50' :
35734'25 ".
C4
63.81'..
92.50'
393125" .
C5
91.63'
238,00'.
22'03.'28 ":.
C6
75.18'
102.50'
42'01'27"
C7
59.09'
92.50':
3636'05"
CB .
15.69'
10.00'
89'52'41"
C9
53.46'
7.50'
39'31'25"
C10
41.91' `
.67.56' `
3534'25"
C11
67.12'
72.50' .
.53'02'43"
C12
23:26' '
5950.00:
00'13'26"
RADIAL TABLE
LINE
BEARING
RI
S56'27'34 "E
R2
856'59'29 ".E
R3
S57'12'56'.'E
VA CONSULTWG ,1NC. RCVS ON oA e
EXHIBIT V maker tm 3/3„6400
CML. EMCNIMS -
uw A.6VSYCRS LINO ovi' Rs PLAT om M/=0/09'
PROD MM 004 id 6400 OAR CANY M ISO - - TO ACCOMPMV LEGAL OESMPNON M . 1!191474 -MM THE CITY Q NEWMT BEACN %At tYWP "A IRVM(Er CA 9261D COONYV OF ORANGE, STALE OF'CAJFORNIA Ugi1FTCF: j�
Figure Name: Parcel A
North: 2176357.0997
East: 6066463.5028
Course: S 26 -29 -28 W
Distance: 160.1554
North: 2176213,7601
East: 6066392.0638
Arc Length:. 59.0905
Radius: 92.5000 Delta: 36 -36 -05
Tangent: 30.5927
Choral: 58.0908 Ch Course: S 44 -47 -31 W
Course In: N 63 -30 -32
W Out: S 26 -54 -26 E
Ctr North: 2176255.0207
East: 6066309.2760
End North: 2176172.5348
East: 6066351:1368
Course: S 63 -05 -34 W
Distance; 35.1112
North: 2176156,6453
East: 6066319,8268
Arc Length: 75.1796
Radius: 102.5000 Delta:: 42 -01 -27'
' Tangent: 39.3708
Chord: 73.5057 Ch Course: S 42-04-50 W
Course Ilk: S 26 -54 -26 B. Out: N 68 -55 -53 W
Ctr North: 2176WS,7A20,
East: 6066366:2130
End North: 2176102.0892.
East: 6066270.5651
Course: S 21 -04 -07 W
Distance: 87.0935
North: 2176020.8178 .
East: 6066239.2563
Arc Length: 91:6254
Radius: MAW Delta:,
Tangent: 46.3870
Chord: 41.0606 Ch Course: S 32 -05 -51 W
Course In: N 68 -55 -53 W Out; S 46 -52 725 E
Ctr North: 2176106,3751
East: 606W17,1663
End North: 2.175943.6762
East: 6066190.8703
Course: S 43-07 -35 W
Distance: 114.6299
North: 2175860.0137
East; 6066112.5083
Course: S 54- 51 -01.W
Distance: 15.2397
North: 2175851.2400
East: 6066100.0475
Course: N70 -1650 W
Distance: 20.4521
North: 2175858:1408
East: 6066080,7947
Course: S 08 -5449 W
Distance: 14.9821
North: 2175843,3397
East.- 6066078.4733
Cqurse: S 70-03 -38 W
Distance: 22,2518
North: 2175835.7512 .
Bast: 6066057.5554.
Arc Length; 63.8082
Radius: 92.5000 Delta :39 -31 -ZS
Tangent: 33.2325
Chord: 62.5505 . Ch Course: S 50 -17 -56 W
Course ht: S 19 -56 -22 E
Out: N 59 -2747 W.
Ctr North 2175748.7962 .
East: 6066089.1003
End North: 2175795.7950
East:' 6066009.4299
Course: .9 30 -32 -13 W
Distance; 0.5094
Nkirtfi.L 2175795.3562 Bast: 6066009.1711
Arc Length: 51.2224
Radius: 82.5000 Delta; 35 -34 -25
Tangent: 26.4669
Chord: 50.4036 Ch Course: S 12 -45-01 W
' Course In: S 59 -2747 E
Out: S 84 -5748 W
Cur North: 21757514384
East: 6066080.2284
Ead North: 2175746.1955
Ea9t: 6065998.0470.
Course; S 05 -02 -12 E .
Distance: 68,64.72
North:2175677,8134 East.6066004.0737
,Arc length: 81,0089
Radius: 87.5000 Delta: 53 -0243
Tangent: 416692
Chord: 78.1466 Ch Course: S 31 -33 -34 E'
Course In: N 865748 E
. Out: S 31 -55 -05 W
Ctr North: 2175685.4953
East: 6066091.2359
I OF 3
End Notth:.2175611.2248
East: 6066044.9742
Course: S 58.04 -55 E
Distance: 22.6815
North: 2I75599.2330
East: 60660641264
Course: 8 43 -37-44 E
Distance:. 16.5892
North: 2175587.2253
East: 6066075.6727
Arc Length; 23.2634
Radius: 5950.0000 Delta; 0 -13 -26
Tangent 11.6317
Chord: 23.2634 Ch Coursei N 32 -53-48 E
Course In: N 56 =59 -29 W Out: S 57 -12 -56 E
Ctr North: 2178828.5762
East: 6061086,0691..
End North: 2175606.7584
. East: 6066088.3076
Course: N 72 -07 -M W
Distance: 16.9692
North: 2175611.9651 'East
- 6066072.1570 .
Course: N 58- 114 -55 W
Distance: 22.6815
North: 2175623.9568 '
East: 6066052.9048
Are. Lengtli:67.1217
Radius: 715000 Delta: 53 -02133
Tangent 36.1830
Chord: 64.7501. Ch Course; N 31 -33 -34 W
Course In: N 31 -55 -05 E Out S 84 -57.48 W
Of North: 2175685.4953
East: 6066091.2359
End North: 2175679.1303
East: 6066019.0158
Coarse: N 05-02 -12 W
Distance: 68.6472
North: 2175747.5124.
East: 6066012.9891
Arc Length: 41:9092
Radius: 67.5000 Delta: 35 -34 -25
Tangent: 21.6548
Chord: 41.2393 Ch Course: N 12 -45 -01 E
Course In: N 84- 5748'E Out: N 59 -2747 W
Ctr North: 2175753.4384
East: 6066 . 080.2284
End North; 2175787.7348
East: 6066022.0906
Course: N 30 -32 -13 E
Distance: 0.5094
Notthi 2175788.1736
East. 6066022;3494
Arc Length: 53.4609
Radius: 77.5000. Delta: 39-31-25.
Taugent 27.8434 ..
Chord: 524072. Ch Course: N 50 -17 -56 E
Course ln: S 59- 27.47E . Out: N 19 -56 -22 W .
Cir Ngrth: 2175748.7962
East 6066089.1003;
End North: 2175821.6504
East 6066062.6708,
Course; N 70 -03-38 E
Distance: 32.0672
North:2175832.5862'
East: 6066092.8157
Course: S 70 -16 -50 E
Distance: 74.3188
North: 2 L75807.5 too
East: 60661617762
Course: N 34 -38-16 E
Distance: 310.6144
North: 2176063.0803.
East 60663393127
Course: N 26.29 -28 E
. Distance: 218.4565
North: 2176258.5994
East: 6066436.7575
Course: N 29 -36 -57 E:
Distance; 87.6759
North: 2176334.8212.
East: 6066480.o853 .
Course: N 2936 -57 E
Distance: 0.2682
North: 2176335.0544
.East: 6066480.2179
Course:N 25 -31 -10 E
. Distance: 64,5117
North: 2176393.2723
East: 606650 &0106
Arc Length. 15.6867
Radius: 10.0000 Delta: 89 -5241
Tangent: 9.9788 Chord: 14.1271 Ch Course:'N 19-25711 W
Course In: N 64 -28 -50 W Out-. N 25 -38 -29 E
Ctr North: 2176397.5804 East 6066498.9862
2OF3
End NortM 2176406.5956 East: 6066503.3136
Course: N 6421 -31 W Distance: 45.7799
North: 2176426.4062 East: 6066462.0420
Course: S 25 -38 =29 W Distance: 36.9007
North: 2176393.1395 East: 6066446.0738
Course: S 25.48 -31 E Distance: 40.0330
North: 2176357:0997 East. 6066463.5028
Perimeter: 2221.1532
Area: 39668.2569 0.9107 acres .
Mathematical Closure- (Uses Survey Units) ,
Error of Closure: 0.00000 Course: S 90 -00.00 E
Precision 1: 2221153229.99
RESOLUTION NO. 2009-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING A REVISED MITIGATED NEGATIVE DECLARATION FOR THE BIG
CANYON CREEK RESTORATION PROJECT LOCATED AT 1900 BACK BAY DRIVE
WHEREAS, a Mitigated Negative Declaration (MND) was prepared and
approved by the City Council on September 11, 2007; and
WHEREAS, water sampling was performed and high selenium concentrations
were discovered in the water column, sediment and animal tissue; and
WHEREAS, the project design was then revised to address this concern in
consultation with the California Department of Fish and Game, United States Army
Corps of Engineers, California Coastal Commission and Regional Water Quality Control
Board; and
WHEREAS, a revised MND was then prepared based on the revised design in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K-3 and then circulated for public comment between
July 2nd and August 3"d, 2009; and
WHEREAS, on the basis of the entire environmental review record, the MND
finds that the proposed project, with mitigation measures, will have a less than
significant impact upon the environment; therefore be it
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
does hereby find, on the basis of the whole record, that there is no substantial evidence
that the project, with mitigation measures, will have a significant effect on the
environment, and that the Revised Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts the
Revised Mitigated Negative Declaration. The document and all material, which
F
constitute the record upon which this decision was based, are on file with the Public
Works Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
City Clerk PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Newport Beach held on theA f h day of Apqust, 2009.
ATTEST:
Qi"r�tiV1^�
CITY CLERK �_
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH l
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009.59 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
August, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Mayor Seheb
Noes: None
Absent Gardner, Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of August, 2009,
City Clerk
Newport Beach, California
(Seal)
Exhibit °C"
Construction Costs Estimate
OCSD Upper Maintenance Road
Cost Estimate
5/31/2007
IZ
General
1
Mobilization
LS
1
$50,000
$50,000
2
Clearing/Grubbing/Demolition
LS
1
$15,000
$15,000
3
SWPPP
LS
1
$10,000
$10,000
Subtotal
$75,000
Driveway Approach at Jamboree
Road
4
Type I Driveway Approach
LS
1
$2,000
$2,000
5
6" Thk. P.C.C.
SF
390
$7
$2,730
6
2' Log retaining wall
LF
21
$375
$7,875
7
Sawcut (sidewalk and pavement)
LS
1
$500
$500
8
Cut
CY
i5
$5
$75
9
Compacted Fill
CY
8
$25 -
$200
Subtotal
$13,380
12' Gravel Maintenance Ramp
10
Gravel surfacing with PX300
SF
4,200.
$2
$8,400
11
Logs
LF
560
$50
$28,000
12
Adjust Manhole to grade
EA
1
$1,000
$1,000
13
Cut
CY
155
$5
$755
14
Fill
CY
80
$25
$2,000
1s
Slope Stabilization
LS
1
$15,000
$15;000
Subtotal
$55,175
Junction Area
16
Gravel surfacing with PX300
SF
1700
$2
$3,400
17
Cut
CY
65
$5
$325
18
Fill
CY
35
$25
$875
Subtotal
$4,600
10' Access Road
19
Gravel surfacing with PX300
SF
5,885
$2
$11,770
20
Cut
CY
220
$5
$1,100
21
Fill
CY
110
$2S
$2,750
Subtotal
$15,620
Turnaround
22
Gravel Surfacing with PX300
SF
1,545
$2
$3,090
23
Cut
CY
60
$5
$300
24
Fill
CY
30
$25
$750
Subtotal
$4,140
Crossing
25
Gravel surfacing with PX300
SF
2,345
$2
$4,690
26
12' Dia. RCP
LF
32
$2,000
$64,000
27
Join Pipe (RCP to CMP)
LS
1
$2,000
$2,000
28
Riprap
CY
55
$75
$4,125
29
Adjust Manhole to grade
EA
1
$1,000
$1,000
w
30
Conc. Retaining/Headwall
CY
75
$750
$56,250
31
Guard Rail
LF
78
$20
$1,560
32
Channel Excavation
LS
1
$10,000
$10,000
33
Cut
CY
90
$5
$450
35
Outlet Grade to Drain and Erosion
LS
1
$30,000
$30,000
Control
Subtotal
$184,825
Total Offsite Improvement
$352,740
Contingency
$79,423
Total Offsite Improvement with
Contingency
$432,163
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
December 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Mark Reader, Project Manager
949 -844 -3311
SUBJECT: BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING,
INC.; BUDGET AMENDMENT
ISSUE:
Should the City contract with a new lead engineering firm, at a slightly higher price
(including some additional services), to continue work on the Big Canyon Creek
Restoration Project?
RECOMMENDATIONS:
Approve a Professional Services Agreement with VA Consulting, Inc., of Irvine,
California, for design services at a contract price of $435,159 and authorize the
Mayor and City Clerk to execute the Agreement.
2. Approve a Budget Amendment appropriating $28,222 to Account No. 7251 -
05100709 and increasing revenue estimates by $28,222 representing a
contribution from Orange County Sanitation District for preliminary design and
CEQA documents for an OCSD maintenance access road.
3. Approve a Budget Amendment appropriating $38,703 to Account No. 7251-
05100709 and increasing revenue estimates by $38,703 representing a
contribution from Orange County Sanitation District for additional costs related to
the design of the access roadway.
4. Approve a Budget Amendment appropriating $50,000 to Account No. 7251 -
05100709 and increasing revenue estimates by $50,000 representing
contributions from the Irvine Company via the Irvine Ranch Conservancy to
cover educational and interpretative elements for the project.
5. Approve a Budget Amendment appropriating $48,456 from the unappropriated
General Fund Reserves (Tidelands) to Account No. 7231- C5100709 for the Big
Canyon Creek Restoration Project.
Big Canyon Creek Restoration — Approval of Professional Services Agreement with VA Consuttlrg, Inc.
December 11, 2007
Page 2
DISCUSSION:
On May 23, 2006, the City Council approved a Professional Services Agreement with
WRC Consulting Services (WRC) in the amount of $698,595 to prepare a feasibility
assessment, Water Quality Assurance Program Plan (QAPP), Sampling and Analysis
Plan (SAP), CEQA documents and notifications, and preliminary engineering tasks as
well as final construction documents for the Big Canyon Creek Restoration Project. Per
recommendations by the Regional Water Quality Control Board, three amendments to
the agreement were subsequently approved adding $8,650 to the contract.
Also, at the request of Orange County Sanitation District (OCSD), the City of Newport
Beach approved Amendment No. 4 for $28,222 for the preliminary design and CEQA
documents for an OCSD maintenance road to cross Big Canyon Creek to provide
maintenance access to an OCSD manhole on the other side of the creek. (OCSD will
reimburse the City $28,222 for this task.) With these amendments, the total contract
amount is $735,467.
WRC completed several aspects of the work — the feasibility assessment, the QAPP,
the SAP, CEQA document preparation and most of the preliminary engineering.
But for preparation of the final construction documents, city staff determined, in
consultation with our two major grant funders (the Regional Water Quality Control
Board and the State Coastal Conservancy) that a fully- staffed civil engineering fine
should take the lead on completing. the final construction documents by next summer.
WRC did not want to be subordinate to another-firm. As such, on October 17, 2007 the
City terminated.WRC's contract per Section 28 of the Professional Services Agreement
with WRC leaving $298,000 remaining in the contract and project fund once the City
receives the $28,222 reimbursement from OCSD.
Staff subsequently spoke with three firms and selected VA Consulting as the best
suited for completing the project within this schedule. Staff requested that VA prepare
a budget based on the remaining tasks in WRC scope of work VA Consulting
contacted all the previous subconsultants and has reconstituted the original WRC team
with the exception of WRC plus the addition of LSA for the upland landscape design.
Based on the remaining tasks in the WRC scope of work, VA Consulting submitted its
proposal for a fee of $314,574. This amount is $16,574 (about 5%) higher than WRC's
original budget.
In addition to the change of lead engineering firms, VA Consulting suggested, and staff
agrees, that some additional design - related work should be done as a part of this
Phase. This work is described in the following section.
Big Canyon Creek Restoration — Approval of professional Services Agreement with VA Consulting, Inc.
December 11. 2007
Page 3,
Additional Work Items Not Covered Under the Original WRC Scope of Work
During the preliminary engineering phase of the work, WRC identified additional tasks
that need to be performed during the final engineering phase of this project. A
discussion of the additional services follows:
Survey and Mapping: Even though an aerial survey was previously provided for the 60
acre project, additional topographic survey information is required for the final
engineering design to obtain more accurate information than the aerial survey currently
provides. The proposed work also includes ground truthing the original topographic
survey for its acceptance by VA Consulting as to its accuracy.
Geotechnical: Geotechnical investigations were provided by Geosoils during the
preliminary engineering phase of the project. It is recommended to provide additional
geotechnical data in the locations of design elements of the project.
Invasive Vegetation: During preparation of the feasibility report, it was determined that
certain invasive species which inhabit the Big Canyon Nature Park also occur on the
bluffs and in some instances on private property. Due to the sensitive nature of soil
stability and erosion of the bluffs the consultant will prepare specifications relating to
removals of the invasive species and planting specifications for non invasive species.
Interpretive Signage: The original contract fee estimate assumptions stated "One
interpretive panel at kiosk and four signs along the trait for final design". Since
completion of the feasibility study, it is recommended that 15 additional sign panels be
provided than originally considered for the project The scope of the interpretive sign
design is noted in Part 2-G of the VA Consulting Scope of Services.
NPDES: A Water Quality Management Plan (WQMP) and a Storm Water Pollution
Prevention Plan (SWPPP) were excluded from the contract documents with WRC and
needs to be included with the VA Consulting contract.
Engineering Support During Bidding: This item provides for consultant time to support
activities during the bidding process.
The total for these tasks is $120,585. Of this amount, $88,703 would be reimbursed by
others:
OCSD would reimburse $38,703 for the design of the access roadway.
The Irvine Ranch Conservancy (IRC) is administering a grant to the City as a
part of the Irvine Company's donation to the Big Canyon Creek Project. The
Irvine Company's donation is to cover the educational and interpretive elements
of this Project. For this design phase, IRC will budget $50,000 of the TIC grant
to be used by the City.
Wig Canyon Creek Restoration — Approval of Professional Services Agreement WO VA Consulting, Inc.
December it. 2007
Page 4
As a result of these funds, the net cost to the City for these additional design related
tasks is $31,882. With the additional costs of $16,574 for the base contract, the total
additional funds required for the design work is $48,456.
Funding Availability:
Initial funding for this project came from State Water Resources Control Board
($200,000), State Coastal Conservancy ($500,000) and $100,000 to match these funds
from the City's tidelands account. Upon approval of the recommended Budget
Amendment, sufficient funds are available in the following accounts for the project:
Account Description
Unappropriated General Fund
Reserves (Tidelands)
OCSD Reimbursement
The Irvine Company via IRC
Prepared by:
Fyn Mark Read r
Project Manager
Account Number Amount
7231 - 05100709 $48,456
7251- C5100709 $66,925
7251- C5100709 $50,000
Total: $165,381
Submitted by:
e . Badum
Publi orks Director
Attachment: PSA with VA Consulting Inc.
Big Canyon Creek Restoration Exhibit
PROFESSIONAL SERVICES AGREEMENT WITH
VA CONSULTING ING
FOR BIG CANYON CREEK RESTORATION PROJECT
THIS AGREEMENT is made and entered into as of this , day of
200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
and VA CONSULTING INC a California. Corporation whose address is17801
Cartwright Road, Irvine, California, 92614 ( "Consultant"),:and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to restore the historic tidal wetlands that have been traditionally
situated in the mouth of Big Canyon. Water quality features will be incorporated
which include a series of fresh water ponds. Also now interpretive and
educational facilities will be constructed within the Big Canyon Nature Park.
C. City desires to engage Consultant to act as the lead consultant and provide final
engineering services as outlined in VA Consulting Scope of Services referenced
as Exhibit "A" for the Big Canyon Creek Restoration Project ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be John S.
Wolter, Inland Empire Division President and Daniel D. Villenes, Director of
Water Resources.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of June, 2009, unless temtinated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3.— TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (1 -0)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit 6 and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsuitant fees, shall not
exceed Four Hundred Thirty Five Thousand One Hundred Fifty Nine Dollars
and no /100 ($435,159.00) without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the.name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly. basis, and a description of any
2
reimbursable expenditures. City shall pay Consultant rio.later.than.thirty
(30) days after approval of the monthly invoice by City staff. .
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writi ng
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for -any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Daniel D. Ullenes,
Director of Water Resources to be its Project Manager. Consultant shall not
remove or reassign the. Project Manager or any personnel listed in Exhibit A or
assign any new or replacement personnel to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
3
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Mark
Reader, PE shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable fife of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.9 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, -nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
N
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council; boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorneys fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain,. provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage an its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements. -
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non: renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million.
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language.
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
Is.
16.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer, or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint - venture.
SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work_
H
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter `Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultants
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's. sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CARD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of Auto CAD used by CITY in `.dwg" file format on a CO, and should comply with
P,
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the Citys latest adopted version.of Microsoft Word and
Excel.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans; notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction . cost prepared by Consultant represents hist6er
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall "maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
10
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the. work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any _financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Mark Reader
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 -644 -3318
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Mr. Max P. Vahid, P.E.
President and CDO
VA Consulting, Inc.
17801 Cartwright Road
Irvine, CA 92614
Phone: 949474 -1400
Fax: 949- 261 -8482
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the. event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective. date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including.
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other tens, covenant or condition contained herein, whether
of the same or a different character.
12
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged'herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and' it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age...
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
CitA orney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A— Scope of services
Exhibit B — Schedule of Billing Rates
kWserslpbK hared{agreem"d91fy 07 -Mlle wnsWBng4)tg wiryen aeek.do
14
�ww
kp
Exhibit A V A
CONSULTING
December 4, 2007
Mr. Mark Reader, P.E.
Project Manager
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3864
Dear Mr. Reader:
Thank you for providing VA Consulting, Inc. (VA) the opportunity to submit this proposal for
professional consultant services to prepare the final design, contract documents and obtain
resource agency permits for the Big Canyon Creek Restoration Project (Project) - nits proposal
supersedes our proposal submitted to the City on November 29, 2007.
VA understands that the City of Newport Beach (City) has undertaken the Project In order to
- restore historical tidal wetlands that have been traditionally situated in the Upper Newport Bay at
the mouth of Big Canyon. The Project Feasibility Study, prepared by WRC Consulting Services,
Inc., was completed in June 2007 and the Project Mitigated Negative Declaration (CEQA
Document) was adopted by the City council In September 2007. The services provided in this
proposal are for the project described In the above Feasibility Study and CEQA Document.
VA has assembled a highly qualified Project team to perform the design and permitting tasks
necessary to bid and construct the Project. VA staff will perform field surveys and mapping, civil
engineering and structural engineering design, preparation of Construction plans, specifications
and cost estimates and provide overall project management. LSA Associates, Inc. (LSA) YAK
provide the design and specifications for the riparian and upland vegetation planting, the design
and specifications for removal and monitoring of invasive species, and the landscaping design
and specifications for the Project trail system.
From the previous Feasibility Study Project Team, Ron Yeo, FAIA Architect, Inc. (RY) :Wll;:
continue to provide the architectural services necessary for the final design of Projiep. '
Improvements. Geosoils Inc. (GSI) will provide geotechnical services necessary to update tile;
preliminary soils investigation to include final design criteria for the conceptual Project plans'.
Weston Solutions Inc. (Weston) will continue with the Project and will prepare a post -
construction Water Quality Sampling and Analysis Plan (SAP). The Acorn Group (Acorn): will,
provide design and specifications for interpretive signing and WRA Consultants (WRA).will .
provide design guidelines and specifications for the grading and planting of the proposed tidal
wetlands and freshwater ponds and will provide services necessary for the .completion of
regulatory agency permitting activities.
VA Coosa180g,IDc
. ormp c O
. omoge owrtylkviaioo
17801
4vim.G9261CA 9261 l Road
4
Pbo 949.474 -1400
F=949261.8482
Mr. Mark Reader
December 4.2007
Page 2 of 13
Our total estimated fee for the services included in this proposal is $435,159.00, which includes
$38,703 for the Orange County Sanitation District (OCSD) portion of the design services that
are related to the improving access to their sewer facilities located adjacent to Jamboree Road.
Detailed descriptions of the services proposed for the Project are provided in the following
sections of this proposal. Section I provides a detailed scope -of- services for the Project and
Section It a listing of assumptions and excluded services that are not Included in this proposal.
Section III provides a summary of the fees associated with the tasks identified in the scope -of-
services.
SECTION I — SCOPE-OF- SERVICES
PART 1 — PROJECT PERMIT AND AGENCY APPROVALS
A. Resource Agency Permitting
WRA initiated resource agency permitting during the Feasibility Study phase of the
Project and will complete the permitting process with Federal and State Resource
Agencies and the California Coastal Commission.
Included in the permitting process will be the preparation of an Essential Fish Habitat
Study (EFHS). Mr. Rick Ware of Coastal Resources Management, Inc. on behalf of
WRA, will prepare the EFHS. At the conclusion of the Permitting Process, WRA will
prepare a Cal'domla Environmental Quality Act (CEQA) and permit condmons
compliance matrix for inclusion into the Project contract documents.
B. OCSD Process and Approvals
VA will submit construction plans and specirications to obtain approvals from the Orange
County Sanitation District.
C. NPDES Compliance
VA will prepare a Water Quality Management Plan (WQMP) that will identify BMP's to
provide for the water quality of on -site runoff to the proposed Big Canyon improvements.
The WQMP will conform to Regional Water Quality Control Board (RWQCB) and City
standards. VA will also prepare a Storm Water Pollution Prevention Plan (SWPPP) that
will identify water quality BMP's to be implemented during the construction phase of the
Project. Both of these documents will demonstrate compliance with current NPDES
requirements. This task also provides for assistance to the City while filing and
processing the Notice of Intent (NOI) and the subsequent Notice of Termination (NOT)
with the RWQCB.
PART 2— PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
VA will perform the civil engineering design services for the two specific Project areas as
follows:
The Orange County Sanitation District Access Road Improvements
The City Project Area for the Big Canyon Restoration
Mr. Mark Reader
December 4, 2007
Page 3 of 13
VA will perform the following tasks related to the civil engineering and design of the
Project facilities and components:
Collect and Review Existing Data
This task will provide for the collection and review of existing Information,
hydrologic and hydraulic analyses, sediment transport analyses included in
existing reports and documentation as provided by the City. The collected
information will be reviewed and incorporated into the civil design of the Project.
2. Hydraulic Design of Stormwater Conveyances
This task provides for design -level hydraulic analyses of the proposed hydraulic
features of the Project. These features Include the following:
• The Jamboree Road culvert extension and energy dissipater stricture;
• Overflow outlets from the two freshwater ponds;
Flo -slit facility downstream of the lower freshwater pond; and
• Back Bay Drive culverts to the Upper Newport Bay
The hydraulic analyses will use the WSPG and/or HEC-RAS hydraulic analysis
software packages to determine conveyance capacities, hydraulic grade lines,
and facility configurations. The results of the hydraulic analyses VIII be used to
develop construction plans and details for the Project.
3. Selection and Design of Proposed BMP's
This task provides for the selection and sizing of the proposed BMP s to be
located at storm drain irdets to the Big Canyon Restoration Area. VA Wit
coordinate with suppliers of BMP devices and the Qty in order to assist the City
with the selection of BMP's. Once selected, BMP's will be hydraulically sized
and details for their installation and/or construction will be depicted on the overall
Project improvement plans.
4. structural Analyses and Designs
This task provides for structural analyses of architectural and reinforced concrete
elements of the proposed restoration project. These elements include
interpretive signing, gathering area covering, restroom facility enclosures, culvert
headwalls, outlet weirs, energy dissipater structures, and BMP connections to
storm drain lines. The results of the analyses will be used to determine
foundation dimensions, Ember sizing and timber connections and the section
thicknesses and reinforcement requirements for the various concrete structures.
Structural analyses will be prepared in accordance with the latest requirements of
the National Design Specification (NDS) for wood construction and the American
Concrete Institute Code 398 for reinlorced concrete construction. -
Mr. Mark Reader
December 4.2007
Page 4 of 13
5. Back Bay Drive Realignment improvement Plans
This task provides for the preparation of street improvement plans for the
realigned portion of Back Bay Drive. The plans will consist of approximately
1,600 linear feet of street improvements shown on 10=40' plan and profile sheets.
The plans will be prepared on City titleblock and formatted for inclusion in the
Project Improvement Plan Set as described below. It is estimated that two plan
and profile sheets and two signing and striping sheets will be required for the
proposed realignment.
6. Interpretive Area and Street. Precise Grading Plans
This task provides for the preparation of precise grading and Improvement plans
for the Interpretive Area. The plans will be prepared at a scale of 1 ° =10' and will
provide spot elevations for access roads, parking lots, trails and. walkways.
These plans will also depict signing and striping Information for vehicular access
way and parking areas within the Interpretive Area: A total of four plan sheets
will depict the Interpretive Area and will be placed on City titieblock for inclusion
in the overall Project Improvement Plan Set as described below.
Restoration Area Grading Plans
This task provides for the preparation of grading and improvement plans for the
Big Canyon Restoration Project between Jamboree Road and the Upper
Newport Bay. The grading plans will provide contour grading for the propospd
facilities including the freshwater ponds, trails, treatment wetland, service roads
and tidal marsh. The restoration area grading plans will be prepared at a scale of
1 "=40' donslsbng of 5 plan sheets and one grading rote sheet. The plans will be
prepared on City tltleblodc and formatted for Inclusion in the Project Improvement
Plan Set as described below. .
8. Drainage improvement Plans and Details
This task provides for the preparation of plans, details and sections of the
proposed Project drainage facilities. The drainage improvement plans will be
based on the hydraulic and structural analyses as described above and will
provide construction -level details for the following Project elements:
• The Jamboree Road culvert extension and energy dissipater
• Overflow outlets from the two freshwater ponds
• Flow slit facility downstream of the lower freshwater pond
• Back Bay Drive culverts to the Upper Newport Bay
The plans will be prepared on City fitleblodc and formatted for inclusion in the
Project Improvement Plan Set as described below.
___ '° �- �.a+ven•+�RU�a� A+Pia0ll�e.pstiququVWaammav o•w.,cv,mc
Mr. Mark Header
December 4.2007
Page 5 of 13
9. Erosion Control Plans
VA will prepare a set of erosion control plans that will identify the construction
BMP's necessary to minimize site erosion and the transport of sediments beyond
the Project site. The erasion control plans will be prepared at a scale of 1 °=10'
consisting of 5 plan sheets and a BMP detail sheet. The erosion control plans
will be prepared on City titieblock and formatted for inclusion in the Project
Improvement Plan Set as described below.
10. Project Technical Specifications
VA will prepare a set of technical specifications to define material and
construction requirements of the work Included in the Project Improvement Plan
Set. The specifications will be prepared in accordance with City standards and
Will be formatted for inclusion with the City's bid package. This task also includes
the preparation of a bid sheet to list the Items of work and their associated
quantities.
11. Engineer's Opinion of Probable Construction Costs
VA will prepare quantity estimates for the items of work depicted on the Project
Improvement Plan Set. The quantity estimates will be itemized along with
corresponding units of measurement. VA will then create an opinion of probable
construction Cost from the quantity estimate by applying unit cost data to the
estimated quantities as collected by VA during recent construction activities or as
published in current cost data.manuals.
12. Process Improvement Plans
VA will submit the Improvement plans and technical specifications to the City
Public Works Department for review and approval. It is anticipated that two
submittals will be required prior to approval of the documents. This task provides
for written responses to comments and minor adjustments to the plans and
specifications after each submittal. In the event that the City requires significant
changes to the plans and/or technical specifications, a separate proposal for
these changes wl11 be provided when and if these changes are required.
B. Survey and Mapping
VA will perform the following tasks:
Research
VA will research, compile and review all existing survey control and mapping
data from the City, County and /or other governing agencies for boundary
information adjacent to or relevant to the Projects design.
2. Project Control
VA field crews will locate project specific horizontaVvedicai control (NAD83 and
NAVD88) and transfer 0 to the project including boundary monument search (f
x'�`�q�ammr m,nm�e�,,,amwm aw.«w.
W. Mark Reader
December 4, 2007
Page 6 of 13
existing/recoverable) to use for the subsequent topographic design survey. VA
field crews will establish a temporary benchmark on the project site.
3. Topographic Design Survey
VA will perform an aerial topographic survey of undeveloped drainage area west
of Jamboree Road, east of Bads Bay Drive, north of San Joaquin Hills Road and
south of Easibluff Drive in Newport Beach (approximately 75 acres).
VA field crews will perform a topographic design survey to be utilized In
preparation of the base map to include ground shots on a twenty five foot (25')
grid over the westerly portion (approximately 35 acres) and the area around the
outlet structure off Jamboree Road.
4. Topographic Mapping
Survey data from Task B.2 & B.3 will be compiled by VA staff to create
topographic mapping at a scale of one Inch equals forty feet (1 2=40') with one
foot (1') contours for the project area. The topographic base map will depict the
existing conditions together with the right -of -way boundary as required.
b. Big Canyon Nature Park Boundary
VA staff will show the Big Canyon Nature Park boundary and CDFG boundary on
the new project topo map.
C. Geotechnicai Investigation & Soils Report
GSI will perform the geotechnical Investigation and prepare a Soils Report for the two
specific Project Areas, including:
The OCSD access road improvement area, including the Jamboree Road storm
drain extension, new head -wall and wing -wall construction and construction of
the maintenance road adjacent to Jamboree Road.
The City Project area including freshwater ponds, upper spillways, hydraulic
structures and underlying drainage culverts, Back Bay Drive Re- alignment,
parking areas and the Interpretive Area building pad(s).
GSI will perform the following tasks:
• Review available published literature, maps and aerial photos of the vicinity.
• Meet with Underground Service Alert (USA), If warranted, to search for buried
utilities within the public right of way.
• Consult with the project environmental firm with respect to suitability of proposed
boring and test pit locations, in light of environmental constraints at the site.
• Perform site exploration We hollow stem auger rig, backhoe and hand auger In
order to evaluate subsurface soil conditions at the site. We propose to perform
four (4) hours of backhoe trench work and eight (8) hours of hand auger boring
W. Mark Reader
December4,2007
Page 7 of 13
within the storm drain extension and maintenance road area. For the other area
we propose to conduct ten (10) hours of hollow stem auger drilling, four (4) hours
of backhoe trenching and eight (8) hours of hand auger boring. Boring and
excavations are anticipated to range from 3 to 50 feet in depth, or
practical/economic refusal.
• Obtain representative samples of site soil for laboratory testing. Testing may
include, but may not. be limited to: in-situ moisture density determinations;
compaction, permeability, soil expansion; grain size; shear strength;.
consolidation; and corrosion.
• Perform an evaluation of site seismicity and seismic hazards.
• Prepare an appropriately illustrated geotechnicai engineering, and engineering
geologic report that would include: the logs of the eiploratlons; extent of earth
material units; laboratory test results; hydraulic embanlonent design parameters;
earthwork factors; liquefaction potential; and conclusions and recommendations
related to project planning, preliminary foundation design and grading guidelines.
D. Tidal Wetlands and Freshwater Ponds Design
WRA will perform the following tasks:
• Prepare the flne grading plans for the tidal wetlands, new freshwater pond and
restored wetland.
• Prepare planting and irrigation plans and specifications for the tidal wetlands,
new freshwater pond and restored wetland.
• Prepare bid specifications in a format to be provided by VA.
Prepare a final cost estimate for planting components of the plan.
• Attend up to 3 project meetings.
E. Riparian and Upland Areas Planting Design
LSA will perform the following tasks:
• Prepare the planting plans and specifications for the Riparian and Upland Project
Areas.
• Prepare plan and specifications for the removal and monitoring of Invasive
species removal
Prepare maintenance, monitoring and reporting requirements for the planted
vegetation and for the invasive species removal
• Attend up to 3 project meetings
Z�.� ^RO�BrsN9q WT�RgAtlJteg13M0]QR14 PEyNc
Mr. Mark Reader
December4,2007
Page 8 of 13
F, Architectural Services
Ron Yeo will provide project archftecturaf services and perform the following tasks: i
• Prepare enclosure plans and specifications for 4 portable chemical toilets.
• Prepare plans and specifications for Vista Terrace seating area plan for 100.
• Prepare plans and spec'dicatlons for Vista Terrace seating area shade structure
(hand retractable canvas).
• Prepare plans and specifications for minor structure for interpretive materials.
• Attend up to 6 meetings.
G. Interpretive Sign Design
The Acorn Group will perform the following tasks:
• Provide digital photographs for B panels.
• Develop text for Interpretive, Regulatory and Orientation Panels for 15 panels.
• Prepare final design development and final art production and delivery on disk
per vendor specifications.
N. Trail and Overlook Design
LSA will provide landscape architect services and prepare plans and specifications for
Project Trail and overlook system.
• Assist with development of the grading plans to include the trail and overlook
system.
• Prepare plans, details and specifications for preparation of the trail and overlook
system.
• Attend up to 3 project meetings
PART 3 — POST- CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
Weston will develop and submh post - construction Water Quality Sampling and Analysis Plan to
the Regional Water Quality Control Board. included with this task, Weston will prepare for and
attend one meeting with the Big Canyon County Club Goff Course.
PART 4 — PROJECT MANAGEMENT, COORDINATION AND MEETINGS
We anticipate project design duration of 6 months starting from the City's Notice to Proceed.
Project management time is required to coordinate the transfer of project Information to sub -
consultant and City staff, coordinate consultant and sub - consultant activities and to coordinate
zws.c7lmrsvaw..�,eemep mwr 0+•KI�Ax
� NaYdaa�.•:�vaeeae • _k�uae'Ace .:. ,
Mr. Mark Reader
December 4, 2007
Page a of 13
project status with the Technical Advisory Committee. Fdr the purpose of the proposal we have
estimated 40 hours per month for a total of 240 hours for project management
We estimate a total of 12 Project meetings during the 6 month period Including, 1 kickoff
meeting, 6 morthly status meetings, 4 TAC meetings and 1 City council meeting. VA will
provide agendas and meeting minutes for .each of the meetings. For the purpose of this
proposal we have assumed 3 hours of Project Management and 4 hours of support staff for
each meeting.
PART 5 - ENGINEERING SUPPORT DURING BID PHASE
It is anticipated that Project improvements may be constructed in phases over several years.
However, at this time it is not clear if one construction contract or separate construction
contracts will be awarded to .contractor(s) for the construction of the proposed Improvements.
Therefore, for the purpose of this proposal-we have assumed there will be one bid phase.
Should engineering support services for additional bid phases be required, a change order
request or a separate contract will be processed through the City. For purpose of this proposal,
we have assumed 16 hours of VA staff time for participation in engineering support activities
during the bidding process.
VA will provide assistance to the City during the bid process as follows:
Attend pre -bid meeting with Interested. contractors.
Respond to request for clarification, interpretation of plans and interpretation of
specifications.
Prepare addenda to bid documents as necessary. For purpose of this proposal we have
assumed one (1) addenda will be prepared and that city staff will be responsible for
distribution of addenda to the bidders.
PART 6 - REIMBURSABLE EXPENSES
This task provides for the cost of reproduction of plan sets and reports for submittals and the
cost of messenger services, delivery services, reproduction services, etc. that will be associated
with assisting the City with the preparation of materials for meetings and project reviews.
BF -CTION II - ASSUMPTIONS AND EXCLUSIONS
It has been assumed for the purposes of this proposal that hydrological studies of Big Canyon
have been completed during the preparation of the previous Project studies including the
Feasibility Study. As such, the flow rates reported in previous Project studies are assumed to
be acceptable to the City and other reviewing agencies for purposes of facility design.
Furthermore, additional hydrological studies are excluded from this proposal.
Lastly, the foregoing tasks and the attached fee estimate do not include the following:
D Lot Line Arustments;
D Monumentation of Lot Line Adjustments;
D ALTA (American Land Title Association) Surveys;
• Parcel Mergers;
• Preparation of Record Maps;
X vaa�neF
Mr. Mark Reader
December 4, 2007
Page 10 of 13
D Re- establishment of missing Monumentation;
D Record of Surveys;
D Re- establishment of missing post-construction Monumentation;
D Comer Records; .
D Preparafion of Legal Documents (Metes & Bounds) for Easement Acquisitions;
D Obtaining Title Reports/Deeds/Easement Documents;
D Rights -of -way acquisitions;
D Obtaining Permission to Enter upon Private Properties;
D Interior Property Parcel Boundary Surveys;
D Construction Staking;
D As -Built Surveys;
D Resource Agency Permit Fees;
• Engineering Support during Construction;
• Construction Management;
D Construction Services including:
• Geotechrical
• Biology
• Environment
• Survey
• Materials Testing
• Inspection
SECTION III — SUMMARY OF FEES
A detailed breakdown of the proposal fees is Included below. Our services will be provided on a
time- and - materials, not- to-exceed basis in accordance with the attached fee schedule (E)hibR
•A°). As requested, the fees associated with Improvements to the OCWD facilities have been
indicated separately.
PART 1 - PROJECT PERMITS AND AGENCY APPROVALS
A. Resource Agency Permits (City Project Area ) .............................. $23,682.00
..................
B. OCSD Process and Approvals (OCSD Improvement Area) ......... ......................$7,500.00
C. NPDES Compliance (City Project Ared ........ ............................... .....................$15,000.00
Subtotal (Part 1 - City Project Area) .......... _ ............................. _ ........................... ..$38,582.00
Subtotal (Part 1 - OCSD Improvement Area) ........ ............................... ......................$7,500.00
PART 2 - PREPARATION OF PLANS AND FINAL CONTRACT DOCUMENTS
A. Civil Engineering Design
Collect and Review Existing Data
a. City Project Area :................... ........................I...... ......................$2.500.00
b. OCSD improvement Area ...... ............................... ......................$1,000.00
2. Hydraulic Design of Stormwater Conveyance
a. City Project Area .................... ............I.,................ ......................$5.000.00
Mr: Marc Reader
December 4,2007
Page 11 of 13
B. Surrey and Mapping
1. Reid Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Reid Survey and Mapping (OCSD Improvement Area) .... ..............:.......$1,000.00
Sub -total (Part 213 - City Project Area) ........................... _ ............................. $18,600.00
Sub -total (Part 2B - OCSD improvement Area) ........................ ......................$1,000.00
zwaemu>nww.me�owwuan�,a..mey �mr�.�
b. OCSD Improvement Area ...... ............................... ......................$2,500.00
3.
Selection and Design of Proposed BMP's
a. City Project Area .................... ......................I........ ......................$6,000.00
4.
Structured Analyses and Design
a. City Project Area .................... ............................... ......................$6,500.00
b. OCSD Improvement Area ...... ............................... ......................$2,000.00
5.
Back Bay Drive Realignment Improvement Plans
a. City Project Area.. ................. ......................................
-- .... --$12,000.00
6.
Interpretive Area and Street Precise Grading Plans
a. Gty Project Area ................... ............................... .....................$21,000.00
7.
Restoration Area and OCSD Access Road Grading Plans
a. Qty Project Area ................... ............................... .....................$14,000.00
b. OCSD improvement Area ...... ............................... ......................$4,000.00
B.
Drainage Improvement Plans and Details
a. City Project Area, ...............................................................
I ........ $61WO.00
b. OCSD Improvement Area ...... ............................... ................::....$3,000.00
9.
Erosion Control Plans
a. City Project Area .................... ............................... ......................$5,500.00
b. OCSD Improvement Area ...... ............................... ......................$2,000.00
10.
Project Technical Speoitications
a. Qty Project Area .................... ............................... ......................$8,500.00
b. OCSD Improvement Area ...... ............................... ......................$3,500.00
11.
Engineer's Opinion of Probable Construction Costs
a. City Project Area .................... ............................... ......................$4,000.00
b. OCSD Improvement Area ...... ............................... ......................$1,500.00
12.
Process Improvement Plans
a. Qty Project Area...... ... .......... . .....................................................
$6,500.00
b. OCSD Improvement Area.. .........................................................
$3,500.00
Sub -total (Part 2A- City Project Area) ...... ............................... .....................$97,500.00
Sub -total (Part 2A - OCSD Improvement Area) ....................... .....................$23,000.00
B. Surrey and Mapping
1. Reid Survey and Mapping (City Project Area) ................. .....................$18,600.00
2. Reid Survey and Mapping (OCSD Improvement Area) .... ..............:.......$1,000.00
Sub -total (Part 213 - City Project Area) ........................... _ ............................. $18,600.00
Sub -total (Part 2B - OCSD improvement Area) ........................ ......................$1,000.00
zwaemu>nww.me�owwuan�,a..mey �mr�.�
Mr. Mark Reader
December 4, 2007
Page 12 of 13
C. Geotechnical Investigation & Soils Report
1. Geotechnical Services (City project Area) ....................... .....................$14,412.00
2. Geotechnical Services (OCSD improvement Area) .... ..... ....................... $7,203.00
Sub -total (Part 2C - City Project Area) ............... ...._. .............. ..................... $14,412.00
Sub -total (Part 2C - OCSD Improvement Area) ........................ ......................$7,203.00
D. Tidal Wetlands and Freshwater Pond Design
1. Final design, plans and specifi cations ............................. .....................$34,970.00
2. Attend up to 3 project meetings ......... ............................... ......................$9,678.00
Sub -total (Part 2D - City Project Area) ........ ..... ....... ........... .....................$44,648.00
E. Riparian and Upland Area Planting Design
1. Preparation of Planting Plans and Specifications..........._ ......................$8.165.00
2. Preparation of lnvaskre Vegetation Removal Specifk:atiions ...................$3.680.00
3.. Preparation and Attendance of up to 3 project meetings .. ......................$6.785.00
Sub -total (Part 2E - City Project Area) ............ ....................... _ .............. _ ... $18,630.00
F. Architectural Services
1. Prepare Plans and Specifications ..... ............................... .....................$11,500.00
2. Attend up to 6 project meetings....-°° ............................... ......................$6.900.00
Sub -total (Part 2F - City Project Area) ....... .. .............. ..._ ........... .. ................. $18,400.00
G. Interpretive Sign Design
1. Design Interpretive sign panels ........ ............................... .....................$40,180.00
2. Attend up to 4 project meetings ..................... ............................... ..........$1.380.00
Sub - total (Part 2G - City Project Area) --..„ . „„ „. ,......._ _....„ ............... $41,570.00
H. Trail and Overlook Design
1. Prepare Plans and Specifications ... .............................. ........._.............$22,425M
2. Preparation and Attendance of up to 3 project meetings .. ......................$6,785.00
Sub -total (Part 2H - City Project Area) .................. _ ... _ ................................. $29,210.00
Sub -total (Part 2A through 211 - City Project Area) .... .. ...................... ...... $282,970.00
Sub -total (Part 2A through 2H - OCSD Improvement Area) ... .....................$31,203.00
cw.wwpt+.ysrJp pomekvw. � ,emma�.�,awwoeo��mm.rtmm,vwa,¢nm
Mr. Mark Reader
December 4, 2007
Page 13 of 13
PART 3 - POST- CONSTRUCTION WATER QUALITY SAMPLING AND ANALYSIS PLAN (SAP)
A. Post Construction Sampling and Monitoring Plan ........................ ......................$6,900.00
B. Meeting with Big Canyon County Club Golf Course ..................... ......................$1,200.00
Sub -total (Part 3 - City Project Area) ......... ............................... ......................$8,100.00
PART 4 - PROJECT MANAGEMENT, COORDINATION AND MEETINGS
A. Project Management & Coordination .......... ............................... .....................$41,520.00
B. Attendance at project, TAC and City Council Meetings ............... .....................$13,284.00
Sub -total (Part 4 - City Project Area) .................... ............................... .....................$54,804.00
PART 5 ENGINEERING SUPPORT DURING BID PHASE
Sub -total (Part 5 - City Project Area) ..................... ............................... ......................$3,000.00
PART 6 REIMBURSABLE EXPENSES
Sub -total (Part 6 - Clty Project Area) ..................... ............................... ......................$9,000.00
TOTAL FEES (PART 1 THROUGH 6 - CITY PROJECT AREA) ........... ...................$398,456.00
TOTAL FEES (PART 1 THROUGH 6 - OCSD IMPROVEMENT AREA) .....................$38,703.00
TOTAL ESTIMATED FEE (PART 1 THROUGH PART 6 - CITY PROJECT &
OCSD IMPROVEMENT AREAS) .............:............. ............................... ....................$435,159.00
We.look tonvard to being of service to you on this Project. We have the resources available to
perform these services and will initiate work upon the receipt of your Notice to Proceed". it you
have any questions, please calilohn Wolter at (951) 340 -0030 or me at (949) 474 -1400.
and CEO
MPV/kam /cmj
Enclosure:
cc: John Wolter
Daniel Viliines
Contracts
x'�"�'�^"4 MbrMwt NEVles
sw�»
f4
City of Newport Beach
Big Canyon Creek Restoration Project
Phase IV t.3 V Forward Budget Assessment
Pnpned By
VA Conwhing, hm
29 -toW7
Vol?
CONSULTING
VA
WESTON
ACORN LSA R.YEO
GEOSOIL3
WRA
Total
Phase Description
Cont. Amt
Cont. Amt
Cont. Amt. Cont. Amt Cont, Amt
Cont. Amt
Cont. Amt
Amount
I. Feasibility Assessment
-Task Completed -
II. Water Quality QAPP and SAP
-Task Completed -
111. Preliminary Engineering
-Task Completed -
IV. Environmental Review & Permits
$23,682
$23.562
V. Outreach, Final Engineering & Design
Publlc Meetings
- Budget Expended -
Final Engineering
$97,500
$13,000 $30,590 $11,500
$34,970
$187,560
Meetings, Technical Team (Original Scope)
$13,284
$1,380
$14,664
VI. Post Construction Water Quality Monitoring Plan
$6,900
$6,900.
V8. ProjectCManagemendCoordimtlon lMo"ng&nWmbumablee
$50,520
$1,200
$1"70 $8 g00
$9.678
$81,868
SUBTOTAL (Phase I to VII)
$314,674
Vlll. OC8D Maintance Road
$31,600
$7,203
$36,703
DL Additional Consulting Services
Survey and Mapping
$18,600
$18,800
Geotechnical Investigations and Report
$14,412
$14,412
Invasive Vegetation Removal Specifications
$3,680
$3,880
Interpretive Sign Graphic Design
$27,190
$27,190
NPDES City Compliance
$16,000
$16,000
Engineering Support During Bidding
$3,000
$3,000
$
$
SUBTOTAL (Phase VIII & IX)
$120,685
Totab
229A04
100
670 $47,840 $10,400
21615
8 D
4 8 , 6
Big Canyon Creek Restoration Project
M Wm. DYMM
J
rt
_
I
tlLrlffii dl10 ..
�--
�•—
�,•- °-- �nnWweenPnq
N
tfnf
" "'a
Ir�q.nnnnlM
n.IM.
wM 1pnuT
rnemYw
TO em
NOO MILT
Abo,ul M
'...�...
I
OpDFDOeaxbn
ep nm
Non MIME
McRD91
3 "'I
I
xlDae
eoMw
MMeww
fnMwtll
'e
'IMMFCeMnn DaeMnena
2"l -M
lwflNfb)
Mon Mroff
HIIIIIIIIIII
+seam
ww Ifi1NLt
Men rnroa
.
auM'/
p!!m
MMn IaltDt
I
Owipmol
r•'j
a.ne�
wn.p
w.e lfntnT
rngtat/l
10
I M.IF ImMMxDeajl!
IICOm
Mon1RIM
MMOM4i
�T,
PopnM FUI+I�tl On.yn
hoary,
Mon Inia
MOgwOe�
- 'i}''�
I
Armn.dMw Dubn
00Lm
Mm NFL!
"Mmi
11_l
IMYwMM eqn Da.pn IOOL
Mm qMl
MF ll
_.i7....1
Tnpownlw Oran 100 e.M
Men qwe
rneTnroel
��
6lM fulMPN
pPq
MMII/00
fn MILH
a
1F�
CHI Rr
!Om
Mtn Ma
fnMMel
II
19'-1
I.M G.nDrvabn exnpMq MU
loam
W.MMn
McRONSI
"Tt "I
I
06x e.OmMM
OMs
POW s
McDwml
p
..T�...
CIO'P.NIw
fC.ly
Mul pn]M
In OCUM
'Fb`1
rwll.enMM IM.
rM. eo.lelnMbn.urmp. IaMw
Mr mroe
wee lanut
MOn Tnroe
MgMe
rn
]] IaNaefwn
fe0.w
Tun T /MI
In NIMB
PiOM;aq D.nIV1(Y..f.�Nf
D.M'IMU 11ReM
Teak
Q rr.m.r
swn+v 6.MnwTaM
V
eoD
,_ MlMnoe
� NvMawn*n.n �T epnmillf..lelM �
cxnxuF•nnc
W0.1
EXHOW irb"
VA CONSULTING, INC.
FEE SCHEDULE
2001
91aff Classification
Gi0 gnplinegring and Planning Services
ffourN Rate
President-.._...---.._ ......................_..
$190
Divislan PresidepUDivision Manager .......................................... ------
........ ........ .......... e-- ...... $173
Sr. VIce RasidentMoe Preskieny Exec. DkeCW ......... ....................... .......................................
_ $103
DiMizitor.............................. _ .. ......... ------------------- ---------------- --- ------ - - -- ----------------------------
... $16R4-
SeniorProject Manager .......................................................... i .... j.,; ..............
... dv ..... ............. $465
Pr6jeetManager ...................... ------- ...............:.....:..,.,..:...
..:_.:....::.:_, :.,........$9A7
msliitant."ied-manager, ............... ........ . :4.,; ....... ..... ....:._:.:.......
......:.:.,.:::....:,,......... :::..,$1342
W P MjoO EV
.:........................:.$1 37
Propaei ertg1hW1l)bi3i0n. Supeivisor ................................. ......................
__ ........... . .................... &132
1mpqn,w-.,. ......... .. I ...... I.-- ......... ....... : ......... ....................... I .......................
.. ------ .. .....
Senior 13"dri EngiliepaSenior'Designer ...................... - ...........................
-.- ...... ....... . ........ $422*-
tl6stp Enginear/Plifiner ......... .................................. ........ . ........................
$1
Design.:...:_.......:_ ... . ..................... . . ..... -; .................. ........... ...............
. .............. .
AssisUnt Endlneer/AssisWt Planner.._._:.........._ .........
................
ReseaMh and PtacAassirtg CoqvdlWor .... .............................................. t-_
.... ......
Sonial' CADD TWJhhboi2" * ....... .. ................ "'- .........
.............. ....... ............
JurT6fEngfneo( . ................ .... ...................
_ ......... .... z ............... ......... ........ ...............................•........
-__ .......... $95
CARDTecbrilclan ............................ ........ ........ ........................................
: no
EngineeringInlem .................... .. :- ......... - ....... ....... ------- --l—.- .... ..........
.................... $7Q
offloe-stippivClerical ................................... .............. ...... ................
- ................ ......... ------ . ..... $69,
Felt) -Qur-vay and lopigeryioos
8'l3eUlhlS&r,VlCe
U15gafm...... .............. __ ..................... _ ................. ........ ..
Notes.
1. invoices will be 0twaaad for all s¢hvrcesfhtbughfha hxhd ot each catentlar month. Imorcxa ere due and payah� on phesaMaliph.
2. OwAunt, when requested by the client, YA be Surcharged at a rate of 135% of the Standard boudy rates. Sundays and holidays
will be surchapled.ai a rate of 170% of the standard hourly mM
3. RePw9faPhics. messenger servioe. travel (including WdgirQ and meals), and o0w direct eVensas vAl be charged at cast plus
The seri4rea of outside consultants will be ch. arged atcost pbs 16% to 00%w administration and overhead.
4. In-house reProgmPhics Chafgas: B&W Bond copia* Z1.0019q.ft Color Bond 36-001sq.fL
5 Mleaga Will he billed at standard ff"De rates sat by PS. 2007 rate; cyfMaW 5sted at $0.485 per nW-
CUE
FIGURE 2.2-2
Grading,
Utilities, Plan
City Of Newport Beach NO. BA- 08BA -032
BUDGET AMENDMENT
2007 -08 AMOUNT: $tss,36t.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations due to contributions from the Orange County Sanitation
District and the Irvine Ranch Conservancy and to increase expenditure appropriations from Tidelands fund balance for
approval of a PSA with VA Consulting to provide design services for the Big Canyon Creek Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
F.!Lnd_ Account
Description
Debit Credit
230 3605
Tidelands Fund - Fund Balance
$48,456.00 `
REVENUE ESTIMATES (360 1)
Fund /Division Account
Description
250 4839
Contributions - OC Sanitation District Conti
$28,222.00
250 4839
Contributions - OC Sanitation District Contri
$38,703.00
250 4887
Contributions - Irvine Ranch Water District
.$60,000-00
EXPENDITUREAPPROPRIA77ONS (3603)
Description
Division Number 7251
Contributions
Account Number C6100709
Big Canyon Creek Restoration
$28,222.00
Division Number 7251
Contributions
Account Number C5100M
Big Canyon Creek Restoration
$38,703.00
Division Number 7251
Contributions
Account Number C5100709
Big Canyon Creek Restoration
$50,000.00
Division Number 7231
Tidelands Capital
Account Number C5100709
Big Canyon Creek Restoration
$48,456.00
Division Number
Account Number
�% Automark System Enrry.
Signed: x �/ia�i��J �1/i��r f��
Flihancial Approval: Administraf Services Director Date
Signed:
Administrative Approval: City Manager t
Signed:
City Council Approval: City Clerk Date