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15 - Sewer Main Improvements & Big Canyon Trunk Sewer Replacement
CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 - 644 -3342 or msinacori @city.newport - beach.ca.us SUBJECT: 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENTS AND BIG CANYON TRUNK SEWER REPLACEMENT - AWARD OF CONTRACT NO. 3562 RECOMMENDATIONS: 1. Approve Letter Agreement between Big Canyon Country Club, Orange County Sanitation District (OCSD) and the City regarding the construction of the Big Canyon Trunk Sewer Replacement, amended and restated City Easements, and Quitclaim of City Easement. 2. Approve Construction Access Agreement with the Big Canyon Country Club for the construction of the Big Canyon Trunk Sewer Replacement. 3. Approve the plans and specifications. 4. Award Contract No. 3562 to Beador Construction for the Total Bid Price of $4,063,300.00, and authorize the Mayor and the City Clerk to execute the contract, contingent upon OCSD obtaining all OCSD easements necessary to construct the project and OCSD Board's approval on April 26, 2006 of the Letter Agreement noted above as Recommendation No. 1 and OCSD Board ratification of the OCSD staff letter agreement to reimburse the City for work performed by Clarke Contracting Corporation 5. Establish an amount of $400,000 (10 %) to cover the cost of unforeseen work. 6. Approve Amendment No. 1 to Professional Services Agreement with Walden and Associates for additional design and construction services for the Big Canyon Trunk Sewer Replacement for a not to exceed additional fee of $89,150. 7. Approve Professional Services Agreement with AESCO Technologies, Inc. for geotechnical and material testing for the Big Canyon Trunk Sewer Replacement for a not to exceed fee of $42,390. 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —Award of Contract No. 3562 April 25, 2006 Page: 2 Approve a Budget Amendment appropriating $3,382,675 to Account No. 7251- 05600292 for the Big Canyon Trunk Sewer Replacement and increase revenue estimates by $3,523,200.42, representing OCSD's contribution for this work and including a 4% City administrative fee on the construction costs. 9. Approve Budget Amendment transferring $378,000 from the Buck Gully Sewer Force Main Realignment project (Account No. 7531- C5600861), $75,000 from the CdM Main Beach Sewer Relocation project (Account No. 7531- C5600862) and $150,000 from the Wastewater Enterprise unappropriated fund balance to Sewer Main Master Plan Improvements Account No. 7531- C5600292 and appropriate $19,000 from the General Fund unappropriated fund balance to Storm Drain Improvement Program Account No. 7012- C510008. DISCUSSION: At 11:00 a.m. on April 6, 2006 the City Clerk opened and read the following bids for this project: BIDDER Low Beador Construction 2 Vadnais Corporation 3 Mladen Buntich Construction 4 Colich Construction 5 Clarke Contracting Corporation 6 W. A. Rasic Construction 7 Ken Thompson 8 ARB, Inc. TOTAL BID AMOUNT $4,063,300.00 4,186,238.00 4,319,964.00 4,529,906.00 5,296,414.00 5,341,932.00 6,147,128.00 8,931,154.00 * Corrected Bid Amount The low total bid amount is 1.5 percent above the Engineer's Estimate of $4,000,000. The low bidder, Beador Construction of Corona, possesses a California State Contractors General A License Classification as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Pursuant to the contract specifications, the Contractor will have 220 consecutive working days to complete the overall work. Also, the Contractor will only be allowed 100 consecutive working days to complete the OCSD Big Canyon Trunk Sewer which is the first order of work to facilitate other private construction projects by the Big Canyon Country Club. In addition, the Contractor is required to start work on May 15, 2006 to ensure completion of portions of the project by June 30, 2006. 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —Award of Contract No. 3562 April 25, 2006 Page: 3 PROJECT BACKGROUND: The Orange County Sanitation District's (OCSD) Big Canyon sewer trunk traverses through the Big Canyon development bordered by MacArthur Boulevard, San Joaquin Hills Road, Jamboree Road and Ford Road. A majority of the trunk is located on the Big Canyon Country Club (BCCC) golf course and a small portion is within private developments. The Big Canyon trunk currently has a 15 -foot wide easement through the golf course and homeowners' properties that has limited vehicle access due to steep slopes and lakes. This requires OCSD to use the BCCC cart paths and the adjacent homeowners' association's private roads. Currently, access is limited to Mondays when the golf course is closed. The OCSD 2004 -05 Capital Improvement Program Budget includes two projects to address areas where structural failure of the pipeline has occurred. These projects have been delayed since 1999 due to various details involving the BCCC and the adjacent homeowners' association and the unexpectedly high costs associated with replacing the 40 -foot deep sewer line. The total project budget for these projects was $2,000,000. The City owns and maintains the remaining sewers within the Big Canyon Development. Several of the City sewers traverse through easement areas that make access, and subsequently maintenance, difficult at best. As part of the City's Master Plan of Sewers, a majority of sewers were televised within the Big Canyon area in 2002. As of this date, staff has not completed televising all of the sewer mains because of access coordination difficulties. Though most of the mains televised appeared to have adequate structural integrity, the lines did show signs of root damage at the joints, and in some cases, joint failure has occurred. The FY 2005/06 CIP included a lining project for all easement sewer mains to eliminate the root intrusion and to repair broken joints. On March 28, 2005, BCCC requested that the City and OCSD pursue a joint construction project to minimize the overall construction impacts to the golf course and coordinate with their planned site and clubhouse improvements. BCCC offered OCSD a new alignment outside the fairways for better access, a wider access easement (up to 25 -feet wide) to allow for large vehicles, and the use of open cut construction methods to reduce OCSD overall construction costs. BCCC also requested that the City take the lead on the overall sewer improvements to help expedite and coordinate the project with their planned improvements. The joint project will also allow the City to relocate deep sewer mains in and around the BCCC clubhouse area. A reimbursement agreement between the City and OCSD was approved by the City Council on June 14, 2005 which contained the following provisions: OCSD will reimburse the City for costs to design and construct the OCSD sewer improvement project including a 4% administration fee ($140,450 based upon the final cost to OCSD). The OCSD Board authorized $2,000,000 for the project with the ability to increase that amount with Board approval. A new budget of $3,810,000 was approved by OCSD on February 23, 2005. 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement— Award of Contract No. 3562 April 25, 2006 Page: 4 • City will pay for the design and construction of the City sewer improvements not required by the OCSD improvements. • City will be the lead on CEQA processing for the project with OCSD reimbursing the City for any costs related to their improvements. • OCSD will have the authority to review and approve all plans, inspect the construction, and approve all change orders. • BCCC will provide new easements to the OCSD and City for the new alignments. The joint construction project will minimize impacts to the community by completing all the improvements in concert with BCCC construction projects. This should also minimize cost impacts for site and road restoration since the larger construction efforts will continue after the sewer improvements are completed. The joint project will also allow both OCSD and the City to take advantage of a larger replacement and lining project that should result in overall lower costs to both agencies. PUBLIC OUTREACH Biq Canvon Country Club Coordination with the BCCC has been extensive during the design process of this joint project. A standing weekly meeting was established last fall to address issues on a regular basis. Also, during periodic times in the design, input was sought by BCCC to minimize impacts to the operation of the golf course. The alignment of the proposed trunk sewer was staked for review by club members and management. Several adjustments were made to accommodate their requests. In addition, a complex phasing schedule was developed to reduce impacts to the club operations and allow for systematic restoration of the impacted portions of the course. Two agreements with BCCC are attached for Council's consideration. The first is a letter agreement between BCCC, the City and OCSD which mainly addresses the overall construction of the sewer improvements on the BCCC property and also includes the consideration for the required new easements to OCSD and compensation for anticipated revenue impacts during the construction on the club operations that OCSD will be obligated to pay. The City has existing easement rights and is not obligated to pay for any loss of revenue related to the City improvements. OCSD will be considering the letter agreement at its April 26, 2006 Board meeting. This award is contingent upon OCSD approving the letter agreement and the final compensation to BCCC. The OCSD Board and committees have addressed the BCCC issues several times this past year. Specifically, at the February 22, 2006 meeting, the Board approved the necessary budget for the project along with approval to compensate BCCC for the wider 25 -foot easement and economic losses. 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —Award of Contract No. 3562 April 25, 2006 Page: 5 The second agreement is the Construction Access Agreement (CAA) between the City and BCCC that allows access for the construction of the Big Canyon Trunk and City improvements. The CAA mainly defines how the City's contractor will accomplish and schedule the work, timing of the improvements and how the contractor will restore the property upon completion. Both agreements are necessary to construct the OCSD Big Canyon Trunk Sewer and staff recommends approval. Portions of the new OCSD Big Canyon Trunk Sewer need to be constructed ahead of the May 15, 2006 start date since BCCC is currently working on a lake filling project. As such, OCSD staff authorized the installation of 15 -inch and connecting 8 -inch sewers lines valued at approximately $30,000 as noted in the attached letter dated March 31, 2006. Big Canyon Homeowners' Associations The Big Canyon community is comprised of eight (8) individual homeowners' associations with almost 500 total residents. In addition, the Big Canyon Community Association (Master Board) mainly oversees the entry gates and Big Canyon Drive as well as issues that impact the entire community. City and OCSD requested to make project presentations at each of the individual associations and Master Board to review the project impacts and to address any concerns the residents might have. Only four (4) of the boards requested presentations, some multiple times, and the following is a summary of the various meetings held with the respective homeowners' associations: Big Canyon Association Date of Meeting Subject Master Board -Big August 4, 2005 Board Presentation — Project overview, Canyon Community review of Big Canyon Drive Impacts and Association request for easement relocation. Canyon Crest September 7, 2005 Board Presentation — Project Overview Canyon View October 19, 2005 Board Presentation — Project Overview Canyon Hills October 20, 2005 1 s Board Presentation — Project Overview Canyon Hills November 29, 2005 Board Sub - Committee site review of park impacts and potential OCSD access improvements Carryon Fairways December 8, 2005 Board Presentation — Project Overview, review of private sewer issues /easement Canyon Hills January 18, 2006 2" Board Presentation — Review of park impacts and request for plant removal. The directors of the various boards were appreciative of the presentations and meetings held. The project should have very little impact to the homeowners except for increased truck traffic on the private streets. However, the master association was consulted on three very important issues. First, the alignment of the new OCSD trunk sewer forced the crossing of Big Canyon Drive at a different location than the existing 15 -foot easement. The alignment was chosen to minimize the impacts to the mature trees. A replacement easement was requested about 25 feet south of the existing easement with the exact width and easement rights as the currently have. If this replacement easement is approved, 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —Award of Contract No. 3562 ApH125,2006 Page: 6 OCSD would quit claim the existing easement. If the replacement easement is not granted, the alignment of the new OCSD trunk sewer will be adjusted to remain in the existing OCSD easement. Unfortunately, approximately six mature private trees would need to be removed. The master association will formerly consider the replacement easement documents at its April 27, 2006 Board meeting. Next, the crossing of Big Canyon Drive West will also be somewhat difficult due to the depth of the pipe and size of the OCSD manhole structure to be constructed in the road. Staff discussed the idea of closing the inbound portion of the road during construction. Outbound lanes would be restored after work hours and emergency vehicles would have access at all times. The association would allow the Contractor to close the road if the firm compensates the association at a $1000 per day for inconvenience. The association chose this amount as a reasonable sum to encourage the Contractor to complete the work within Big Canyon Drive in an expeditious and timely manner. Otherwise, the Contractor would have to maintain normal traffic patterns with the use of flagmen and returning the road to full use by backfilling or placing steel plates, thus making construction more difficult and costly. Finally, the master association normally charges contractors access fees for use of the East and West Gate off San Joaquin Hills Road. They requested that OCSD pay $2,500 for access rights during the course of construction. The City has access rights over all streets and easements in the Big Canyon community which were granted at the time the tracts were approved. Since the project is being constructed by the City, a request was made to waive the $2,500 month fee. The master association approved the request in March 2006. Environmental Review: City and OCSD staffs have reviewed the project and have determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be noticed by the contractor /City ten days and two days prior to starting work in their area. For the Big Canyon area, several presentations were made to various homeowners' associations as noted earlier in this report. A general mailing to the Big Canyon community will be done in concert with the master Big Canyon Community Association. 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement —Award of Contract No. 3562 Apd[25,2006 Page: 7 Construction Management, Geotechnical /Material Testing, and Survey Services: Walden and Associates will be performing construction oversight in concert with the OCSD inspection staff for the Big Canyon Trunk Sewer Replacement. These costs, along with additional design services completed for the project, amount to $89,150, mostly to be reimbursed by OCSD, and are included in the attached Amendment No. 1 to Walden and Associates agreement. AESCO Technologies will be performing geotechnical and materials testing for the Big Canyon Trunk Sewer Replacement for a fee of $42,390 as approved by OCSD. Attached is a Professional Services Agreement with AESCO. For the City sewer improvements, an additional $5,000 is required for geotechnical services. Survey services are to be provided by the Contractor for both the OCSD and City. Funding Availability: On June 14, 2005, the City Council approved a reimbursement agreement with OCSD for the Big Canyon Trunk Sewer Replacement. The attached Budget Amendment appropriates $3,382,670 to complete this project and also recognizes accompanying revenue. A second Budget Amendment is necessary to fund the City's portion of the work. Two projects are recommended to be deferred (Buck Gully Sewer Force Main Realignment and the CdM Main Beach Sewer Relocation). These projects will be reconsidered in future fiscal years and priority will be determined after field investigations are completed. Upon approval of the recommended Budget Amendments, sufficient funds will be available in the following accounts: Account Description OCSD Big Canyon Trunk Sewer Sewer Main Master Plan Improvement Superior Avenue Trunk Sewer Improvement Storm Drain Improvement Program Prepared by: Mic ael J. Sinacori, P.E. Principal Civil Engineer Attachments: Bid Summary Account Number 7251- C5100292 7531- C5600292 7531- C5600863 7012- C5100008 Total Submitted Amount $3,335,595 945,245 300,000 19,000 $4,599,840 V0G. Badum Works Director Letter Agreement between City, OCSD and Big Canyon Country Club Construction Access Agreement with Big Canyon Country Club Letter from OCSD regarding Clarke Construction, dated March 31, 2006 Amendment No. 1 to Professional Services Agreement with Walden & Associates Professional Services Agreement with AESCO Technologies Budget Amendments Reference: June 14, 2005 Council Report — Reimbursement Agreement with OCSD for Big Canyon Trunk Sewer Replacement Attachment 1 to Council Report Bid Summary U w m ir O IL w z LL O F, H z W Q a w D N Y 2� U J CL W Q � O Q 00 w _ f q U v o O ° O N Y y o U U z W O_ � c ~ ° f Q U > O c J Q _° m mm `w W m 00 O E o m o ,° wlSc y W ° a m Z W " m Q H Q 2 N x W W L � Z W J Z 7 0 00 w a C S O O H S S 8 OO H H H SS S 88 0 n n S O OSS O 8 J 0 fD f I(O , Yi O 0 8 m ° m ° S m ° dN m Vi O Vi VS i IO n Vi N dN m Vi m Vi Vi Vi VSi Vi Vi Vi Vi Vi � Vi ya C V O U o O O O O O H O O O H O o 0 0 0 0 0 0 0 0 0 o o 0 o o 0 990 O H y g g O m d m 7 u 0 O u o O d O d O m moo 0 0 0 O O O N O O O O O O S 0 w o o m 0 O 0 O OH 0 ! 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Box 8127 Fountain Valley, CA 92728 Aaron C. Harp Assistant City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Big Canyon Trunk Sewer Improvement Project Ladies and Gentlemen: At the present time, the Orange County Sanitation District ( "OCSD ") has a trunk sewer line (the "OCSD Line ") that is routed in part through land (the "Property ") owned by Big Canyon Country Club ( "Owner'). The City of Newport Beach (the "City ") also has lines through the Property that serve the residential community of Big Canyon (the "City Lines "). OCSD has identified the OCSD Line as a line it would like to replace and relocate due to its age, depth and present location, which is difficult to maintain ( "OCSD New Lines "). The City would also like to relocate some of the City Lines through the Property ( "City New Lines "). The OCSD New Lines and the City New Lines to be relocated are sometimes referred to herein as the "New Lines." OCSD has entered into an agreement with the City to allow the City to take the lead in the work to replace the OCSD Line. The City and OCSD have asked Owner to set forth the terms under which it would allow the contractor selected by the City (the "Contractor ") to enter upon the Property to install the New Lines in accordance with the plans, specifications and other documentation described in a project entitled "2005 -2006 Various Sewer Main Improvements and Big Canyon Trunk Sewer Replacement- Contract No. 3562" ( "Plans and Specs "). The City and OCSD have also asked Owner to specify the terms and conditions under which it would grant: (1) OCSD replacement non - exclusive easements to operate and maintain the OCSD New Lines; and (2) City an amendment and restatement of its existing easements to operate and maintain the City New Lines. The purpose of this letter agreement is to set forth those terms. Board of Secretary for OCSD Aaron C. Harp April 11, 2006 Page 2 Therefore, Owner, OCSD and the City agree as follows: 1. Reference is made to the following documents: a. Construction Access Agreement (the "Access Agreement") dated as of April 25, 2006 attached hereto as Exhibit "A" and by this reference incorporated herein. b. Grant of Easement (the "Old OCSD Easement') made by the Irvine Company to County Sanitation District No. 5 of Orange County, California recorded on November 14, 1969 in Book 9137 pages 952 through 956 Official Records of Orange County, California. C. Grant of Non - Exclusive Easement made by Owner to OCSD in the form of Exhibit "B" attached hereto and by this reference incorporated herein (the "New OCSD Easement'). d. Grant of Easement (the "Old City Easements ") made by the Irvine Company and /or Owner to the City recorded on the following dates at the following places: (i) May 18, 1971 in Book 9644, Pages 465 through 474 Official Records of Orange County California; (ii) November 24, 1971, in Book 9901, Pages 304 through 309 Official Records of Orange County California; and (iii) June 19, 1975 in Book 11435, Pages 247 through 252 Official Records of Orange County, California. e. Amended and Restated Easements made by Owner to the City in the form of Exhibit "C" attached hereto and by this reference incorporated herein. f. Grant of Easement (the "Old Canyon Fairway Easement') made by Owner to the Irvine Company recorded on May 8, 1984, as Document No. 84- 190109 Official Records of Orange County, California. g. Amended and Restated Easement made by Owner to Canyon Fairway Community Association in the form of Exhibit "D" attached hereto and by this reference incorporated herein. h. The easements referred to in paragraphs 1 (c), (e), and (g), above, are sometimes collectively referred to herein as the "New Easements ". 2. Terms which are defined in the Access Agreement shall have the same meanings in this letter agreement. The background set forth in the Recitals to the Access Agreement is incorporated by reference in this Agreement. 3. Owner agrees to execute and deliver to the City the Access Agreement and the New Easements by April 24, 2006. The City and District agree that the New Board of Secretary for OCSD Aaron C. Harp April 11, 2006 Page 3 Easements shall not be recorded with the Orange County Recorder until after OCSD has made the Payment to Owner set forth in Paragraph 4 below. 4. Prior to initiation of construction, OCSD shall deliver to Owner the sum of Three Hundred Sixty -Eight Thousand Five Hundred Dollars ($368,500) ( "Payment to Owner') as partial consideration for the replacement OCSD easement and in partial consideration for access by Contractor during the Initial Term. OCSD and City agree that the City shall not be liable for any portion of the Payment to Owner to be made by OCSD. 5. As partial consideration for Owners agreements herein set forth: (a) City shall execute, acknowledge and deliver to Owner the quitclaim attached hereto as Exhibit "E" which is incorporated herein by this reference, provided the easement referenced therein is no longer necessary for operation and maintenance of the City Lines (the "City Quitclaim "); and (b) OCSD shall execute, acknowledge and deliver to Owner a quitclaim in the form of Exhibit "F" attached hereto and incorporated by this reference (the "OCSD Quitclaim ") of those portions of the Old OCSD Easement as are not required for the operation or maintenance of OCSD facilities located within the New OCSD Easement. OCSD and City shall deliver the OCSD Quitclaim and City Quitclaim at such time as all of the following conditions have been satisfied: (1) the Work shall have been completed and accepted by OCSD and City; (2) Owner shall have previously delivered to City the fully executed and acknowledged New Easements as provided above; and (3) Owner shall have secured and delivered to City executed and notarized subordination agreement(s) substantially in the form of Exhibit "G" attached hereto and incorporated by this reference from those third parties holding deed(s) of trust, or other security interests in the Property that, if exercised, would be potentially adverse to OCSD's, City's and /or Canyon Fairway's perpetual rights in the New Easements, and whose interests in the Property were recorded subsequent to the recordation of the OCSD's, the City's and Canyon Fairway's Old Easement. 6. Prior to or concurrently with the delivery of the OCSD Quitclaim and City Quitclaim, OCSD and City shall abandon in place the existing sewer trunk line in the areas affected by the OCSD Quitclaim and the City Quitclaim. Abandoning the lines in place may, but is not required to, include filling such lines, which would render the lines inoperable. If the District and /or the City desire to fill the abandoned portions of such lines, access to the Property to do such work shall be coordinated with Owner. Except to the extent necessary or appropriate to install the New Lines, neither OCSD nor City shall be required to remove the existing sewer lines in the quitclaimed areas, and any remaining sewer lines in the quitclaimed area shall thereafter be owned and controlled by Owner, and may thereafter be altered or removed at Owner's sole discretion. Neither OCSD nor City makes any representation or warranty that the abandoned sewer lines are structurally sound, nor that such lines are suitable for any sewer or other pipeline purpose, nor that such lines have any salvage or other value. Board of Secretary for OCSD Aaron C. Harp April 11, 2006 Page 4 This letter agreement shall be of no force or effect if not fully signed and delivered by the parties hereto not later than May 1, 2006. This letter agreement and the exhibits attached hereto is the entire agreement between the parties to this letter agreement regarding the subject matter hereof. [SIGNATURES ON FOLLOWING PAGE] Board of Secretary for OCSD Aaron C. Harp April 11, 2006 Page 5 APPROVED AS TO FORM: BRADLEY R. HOGIN GENERAL COUNSEL AD David E. Kendig APPROVED AS TO FORM: By: ", C_ ff U"- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: MM LaVonne Harkless, City Clerk Attachments: ORANGE COUNTY SANITATION DISTRICT By: James Ruth, General Manager AD Penny Kyle, Secretary, Board of Directors CITY OF NEWPORT BEACH, A Municipal Corporation M Don Webb, Mayor for the City of Newport Beach BIG CANYON COUNTRY CLUB, A California Non - Profit Mutual Benefit Corporation T,o.ndr C_. t-rfnc. Exhibit A - Construction Access Agreement Exhibit B - New OCSD Easement Exhibit C - Amended and Restated City Easements Exhibit D - Amended and Restated Canyon Fairway Easement Exhibit E - City Quitclaim Exhibit F - OCSD Quitclaim Exhibit G - Subordination Agreements Attachment 3 to Council Report and Exhibit A to Letter Agreement Construction Access Agreement with Big Canyon Country Club CONSTRUCTION ACCESS AGREEMENT WITH THE BIG CANYON COUNTRY CLUB FOR THE BIG CANYON TRUNK SEWER IMPROVEMENT PROJECT THIS CONSTRUCTION ACCESS AGREEMENT ( "Agreement ") is made and entered into as of this day of April, 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Big Canyon Country Club, a California non - profit mutual benefit corporation (the "Owner "), and is made with reference to the following: RECITALS WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of Califomia 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; WHEREAS, Orange County Sanitation District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700 et seq. ( "District "); WHEREAS, Owner owns a portion of the land (the "Project Boundaries ") bounded by Jamboree Road, Ford Road, MacArthur Boulevard and San Joaquin Hills Road in Newport Beach, California; WHEREAS, the portion of the land (the "Property ") within the Project Boundaries which is owned by Owner is described in Exhibit A, attached hereto and made a part hereof ( "Construction Map "), and has been improved as a golf course, driving range, clubhouse and related site, recreational and maintenance facilities; WHEREAS, District owns, operates and maintains a 12 -inch to 15 -inch trunk sewer line within the City of Newport Beach located beneath the Property and the unrelated Big Canyon residential development (hereinafter the District's existing sewer line shall be referred to as the "Big Canyon Trunk Sewer'); WHEREAS, the Big Canyon Trunk Sewer was built in the 1960s and was subsequently covered by substantial amounts of earth fill during construction of the Big Canyon Country Club and Big Canyon residential development; WHEREAS, as a result of the construction, portions of the Big Canyon Trunk Sewer are buried deep underground (up to 45 feet), making it difficult to properly maintain it; WHEREAS, City owns, operates, and maintains numerous sewer lines in the Big Canyon development that connect to the Big Canyon Trunk Sewer ( "City Sewers "); 1 EXHIBIT A WHEREAS, on June 14, 2005, the City and District entered into a Reimbursement Agreement for the Big Canyon Trunk Sewer Improvement Project, a joint project to be administered by the City, which provided for, among other things, the construction and realignment of Big Canyon Trunk Sewer to allow easier access for maintenance purposes ( "New Big Canyon Trunk Sewer "), the extension of the City's Sewer lines to connect to the New Big Canyon Trunk Sewer, and the repair, replacement, and realignment of a portion of the City Sewers that connect to the Big Canyon Trunk Sewer (collectively, the "Project"); WHEREAS, the location of the New Big Canyon Trunk Sewer and additional City sewer lines ( "City Lines ") to be constructed on the Property are shown on Exhibit A; WHEREAS, pursuant to the Reimbursement Agreement, the City agreed to coordinate and obtain permission from the Owner to obtain access for the construction of the Project; and WHEREAS, the Owner and City desire to enter into this Agreement to provide for such access and entry for the construction of the portion of the Project on the Property subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, City and Owner (sometimes a "party" or the "parties ") agree as follows: 1. Grant of Access. For valuable consideration, Owner hereby grants to District and City, their employees, agents, consultants, the contractor selected by the City to perform the Project ( "Contractor), the Contractors employees, agents, material suppliers, subcontractors, and their employees ( "Authorized Parties ") the right to access and enter upon the Property for the purpose of performing any and all work necessary to construct the Project (the "Work "), subject to the terms and conditions set forth herein. This Agreement is expressly conditioned upon (i) the attendance of the Contractor and its on -site superintendent at a pre- construction meeting to be held with the Owner at the Property to discuss the Contractor's plan to perform the Work in a manner consistent with the terms of this Agreement, which terms shall be incorporated into the agreement with the Contractor selected to perform the Work; (ii) Contractor accessing the Property at the designated locations described herein; and (iii) prior to entry on the Property, the delivery to Owner of a certificate of insurance as provided in Exhibit B, which is attached hereto and incorporated by this reference (the "Construction Document Requirements "). City acknowledges that Owner has no authority to grant access over any other property within the Project Boundaries. The grant of the access is subject to all of the terms and provisions of this Agreement. The City shall cause the Contractor and the Authorized Parties to comply with the terms of this Agreement in the performance of the Work. 2. Portion of the Property Subiect to the Agreement. The portions of the Property which are the subject of this Agreement are: (a) described in Section 2 of the Construction Document Requirements as the designated locations for accessing the E Property; (b) depicted as the 'Proposed Work and Work Zone" (collectively, the "Work Zone ") on plans for the Work prepared by Walden & Associates, sheets G0002 (2 of 17), G0002A (2A of 17), G0002B (26 of 17), and G0002C (2C of 17) (collectively, the 'Plans "); and (c) depicted as the Construction Storage Area and Construction Access Routes on Exhibit A attached hereto. The areas described in (a) through (c) of this Section are collectively referred to herein as the "Access Area ". Entry by the Authorized Parties on portions of the Property other than the Access Areas shall be deemed to be a breach of this Agreement. 3. Construction Documents. The City shall include those terms and conditions set forth in the Construction Document Requirements into the Plans, specifications, drawings, conditions or other documents that will be incorporated into the agreement between the City and Contractor selected to perform the Work (hereinafter "Construction Documents "). The City shall cause the Contractor, its subcontractors and material suppliers to perform each of the terms and conditions set forth in the Construction Documents and the Construction Document Requirements. Owner shall cooperate with City, its Contractor and take any and all action expressly required of Owner which are described in the Construction Document Requirements. The parties agree that all words, terms and phrases defined in this Agreement that are used in the Construction Document Requirements shall have the same meaning as set forth in this Agreement. 4. Term of Agreement. The initial term (the "Initial Term ") of this Agreement shall commence on the date when Contractor first enters upon the Property to commence the Work and shall end one hundred and fifty (150) calendar days thereafter. However, if the Contractor has "Completed its Work" on Phase 1, as defined in the Construction Document Requirements, prior to June 26, 2006, the Initial Term shall be tolled from the date Contractor has Completed its Work on Phase 1 until June 26, 2006. The Contractor shall be deemed to have "Completed its Work" on Phase 1 when it has completed the sewer installation(s), backfilled and compacted the trenches and any other surface irregularities created by the Work back to the level at which such areas were when Contractor commenced Phase 1 of the Work, removed all remaining dirt and debris from the Phase 1 area excavated by Contractor (unless such dirt will be used by Owners contractor for the Pond Fill Project (as defined below)) and moved all men, equipment, barricades or other obstructions from the Phase 1 area. In addition, the Contractor shall have seven (7) calendar days past the Initial Term to complete the landscape restoration efforts associated with Phase 7, as defined in the Construction Document Requirements, after the Contractor has completed its Work on Phase 7, and the City shall not be charged any amount pursuant to this Agreement during said seven day time period. If the Work is not completed within the Initial Term, as it may have been adjusted as described in this Section 4 above, the City, in its sole discretion, shall have the option of extending the term of this Agreement for up to ninety (90) calendar days ( "Extended Term ") to complete the Work; provided that the City shall pay to Owner liquidated damages in the amount of Two Thousand Dollars and No Cents ($2,000.00) for each day during the Extended Term that the City elects to extend the Agreement. Such payment shall be made within ten (10) days after the end of the Extended Term. 3 THE PARTIES AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO DETERMINE THE ACTUAL DAMAGES TO OWNER AS A RESULT OF A DELAY OF THE PROJECT BEYOND THE INITIAL TERM. THE PARTIES AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT TO THE OWNER FROM THE DELAY OF COMPLETION OF THE PROJECT WOULD BE THE SUM OF TWO THOUSAND DOLLARS ($2,000) PER DAY FOR EACH CALENDAR DAY THAT THE CITY ELECTS TO EXTEND THE TERM OF THIS AGREEMENT BEYOND THE INITIAL TERM. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO OWNER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THE CITY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389 WITH RESPECT TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES. (INITIALS: The City ; Owner ) The parties hereto agree that: (a) if the Work is not completed during the Initial Term and the Extended Term; (b) if the City elects to terminate the agreement with the Contractor for the construction of the Project due to the failure of the Contractor to abide by the terms and conditions contained in the City's agreement with the Contractor; and /or (c) if differing site conditions are encountered which were unknown at the time this Agreement was entered into, then the Owner and City shall meet within five (5) days after the end of the Extended Term or the termination of the City's agreement with the Contractor, whichever is earlier to determine and agree upon a new agreement which will provide for: access and entry to the Property for the purpose of completing the Work according to a reasonable schedule; a reasonable amount of compensation to Owner based upon the Owner's loss of revenue related to the then unfinished portion of the Project; and other reasonable terms. If the Work is not expected to be resumed within twenty (20) days after the date of such meeting, Owner may give the City notice to restore the Property in accordance with the terms of this Agreement as if the Work had been completed by the Contractor. In such event, the City shall commence such restoration within fifteen (15) days after the City receives such notice and shall diligently pursue such restoration to completion. The parties hereto agree that this Agreement may be terminated by the City if, prior to entry by Contractor on the Property to commence the Work, the City and /or the District elect not to proceed with the Project. The parties hereto also agree that the Initial Term and /or Extended Term shall be extended as a result of any delays caused entirely or primarily by the acts or omissions of Owner, and the City shall not be obligated to pay Owner as provided herein for any Owner caused delays. 5. Coordination of Work. The parties acknowledge that Owner is in the process of constructing a project commonly known as the Big Canyon Country Club Pond Fill Project ( "Pond Fill Project ") and that a portion of the Work must be coordinated with Owner's contractor of the Pond Fill Project. Part of the Pond Fill Project involves the installation of storm drain lines (the "Storm Drain Lines ") in an area where the New Big Canyon Trunk Sewer and the City Lines will be installed. The New Big Canyon Trunk Sewer must be installed prior to the installation of the Storm Drain Lines. In order to not interfere with the Pond Fill Project, the City shall, by April 7, 2006, enter into a 4 contract, which amount shall not exceed $30,000, with Clarke Contracting Corporation ( "CCC ") for the installation of that portion of the City Lines and the New Big Canyon Trunk Sewer which will be below the Storm Drain Lines. The parties agree that prior to July 5, 2006, and between stations 53 +50 and 56 +00 shown on the Plans and City Line "I" shown on Sheet 10 and the profile thereof on Sheet 9 of the Big Canyon Trunk Drawings, the backfill and final grade work by the Owner's contractor for the Pond Fill Project shall not be completed to an elevation greater than two feet (2') above the top of pipe elevation of the Storm Drain Lines being installed as part of the Pond Fill Project, within the width of the easements for the New Big Canyon Trunk Sewer and City Lines; provided, however, to the extent Contractor has completed installation of the New Big Canyon Trunk Sewer and City Lines in the area of the Pond Fill Project prior to July 5, 2006, Owner may allow Owner's contractor to complete the backfilling of those areas upon such completion. 6. Default. In the event that the City, Contractor or any of the Authorized Parties fail to comply with any provisions of this Agreement ( "Default "), which Default shall not have been cured within ten (10) calendar days after City receives written notice specifying such Default, then Owner may, in addition to any other remedies provided at law or in equity, immediately or any time thereafter terminate this Agreement herein upon written notice to the City. 7. Construction Manager. The parties hereto agree that the City shall hire Walden & Associates ( "Walden ") as its Construction Manager for that portion of the Project within the Property. The City, in its sole discretion, may terminate its agreement with Walden if Walden fails to abide by the terms and conditions of the consultant agreement entered into between Walden and the City. In the event of such a termination, the City shall retain a replacement construction manager to perform the duties of Walden. The scope of the services of Walden shall be reasonably determined by the City, but shall be subject to the prior written approval of the Owner. The City and Owner agree that the scope of the services of Walden shall be sufficient to assure that the Project within the Property is sufficiently supervised and inspected. 8. Notices. All notices 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 Owner to City shall be addressed to City and OCSD at: Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 Attn: Director of Engineering Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 All notices, demands, requests or approvals from City to Owner shall be addressed to Owner at: Attn: David Voorhees General Manager Big Canyon Country Club One Big Canyon Drive Newport Beach, Ca 92660 Phone: (949) 644 -5404 Fax: (949) 720 -9338 9. Entire Agreement. This Agreement, and the letter agreement between Owner, the City and District of even date herewith, constitutes the entire agreement between the parties, there being no other terms, oral or written, except as herein expressed. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together shall be construed as one instrument. 11. Invalidity. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole, but only to the extent that the application or enforcement of such remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 12. Time of the Essence. Time is of the essence of each provision of this Agreement of which time is an element. 13. Amendments. This Agreement may be amended, changed or modified only by written amendment executed by the parties hereto. No waiver of any provision of this Agreement shall be valid unless in writing signed by the party charged. 14. Bindinq Effect. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each party to this Agreement. 15. 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 M this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 16. Administration. As to the City, this Agreement will be administered by the Public Works Department. Mr. Steve Badum shall be the administrator and shall have the authority to act for City under this Agreement As to the Owner, this Agreement will be administered by the General Manager, David Voorhees who shall have the authority to act for Owner under this Agreement. As to day to day in field decisions, those shall be administered by a designate of David Voorhees who shall have the authority to act for Owner under this Agreement. 17. Cooperation. The parties acknowledge that the intent of this Agreement is to allow for the construction of the Project in a reasonable manner. The parties acknowledge that in construction projects, it is some times necessary to cooperate to address unexpected issues that may arise. The parties hereto agree to take any and all actions reasonable, convenient, necessary or desirable to carry out the provisions of this Agreement and to make all decisions within a reasonable time. 18. Miscellaneous Provisions. (a) If the Contractor shall not have commenced the Work (commence is defined as physically beginning the Work on the Property and thereafter diligently working to complete the Work), by June 15, 2006, Owner shall have the right to terminate this Agreement in accordance with the provisions set forth herein. (b) Except for Phase 1 Work, as defined in Exhibit B, the City shall obtain permission from Owner prior to authorizing the Contractor to perform Work on Saturdays. (c) The City and Owner intend that Owner shall be a third party beneficiary of the terms of the agreement between the City and Contractor with respect to the Property or the entry, or performance of any portion of the Work, thereon or restoration thereof by Contractor or the Authorized Parties. The parties agree that the Construction Document Requirements are to be incorporated by the City into its agreement with the Contractor and that the City shall not rescind, amend, or otherwise modify the provisions of the agreement with the Contractor which incorporate the Construction Document Requirements without obtaining the prior written consent of Owner, which consent shall not be unreasonably withheld. Nothing herein prohibits the City from making modifications or amendments to the agreement with the Contractor without the consent of Owner that either (a) do not affect the Work at the Property, or (b) are not inconsistent with the Construction Document Requirements (including, but not limited to, changes in Contractor compensation). The City shall include a paragraph in the agreement between the City and Contractor setting forth Owner's third party beneficiary rights as described in this paragraph. (d) City shall assure that any bonds called for in the Construction Documents for the Work shall be properly issued to the City. If necessary, City shall take any and 7 all action necessary , or appropriate to make a claim under the bonds and shall use any funds realized from such bonds to pay for the labor and materials and to promptly complete the Work. APPROVED AS TO FORM: By: Z4 C'v, C - W cC.._._ Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M Don Webb, Mayor for the City of Newport Beach BIG CANYON COUNTRY CLUB, A California Non - Profit Mutual Benefit Corporation Exhibit A: Construction Map B: Construction Documents Terms and Conditions 40. 0d' 05 CU E a, 41 tu a- IP > j,T 7- 4141� ) < .Y., cu E a dw r • CU P, ?p' 4 0 cu E Z5 cu o 11 cn cL - '. H W" ��A I 141P •CU 14y, CU ; IF jL < cn -14�1 al Ax cu 0 -, 4*`7; 4- F- -, ri 0 . . , 's 14v I (o 0() F 4Fp 4, V ;Lied rI 16 :E tan , : I I . I,. ':.r, w W x 0 LLI C.) r , — • LU Vc-, 1,1,,4 ., ". .1 ' ir� 1 A (U ■ 44> U 2 2 0 Cl. Cl. U cn u LO r• as 'All Y, to 1 16 1.. M. It, 'Ar le N "A -0 144 ON, A 44 j. 07 T-7 ftj `lk Vol. 0- WN AL we t "ARU L6 Ic v I lL J. • lilo 10 Attachment 4 to Council Report Letter from OCSD regarding Clarke Construction V +3 S,L,I1 i, ORANGE COUNTY SAN11 ION DISTRICT s w ,« March 31, 2006 p Aaron Harp P Assistant to the City Attorney (714) 9e2o35a City of Newport Beach w .ocsd.com 3300 Newport Blvd. mailing address: Newport Beach, CA 92663 P.O. Bnx 9127 Founi:2 2. CA SUBJECT: Orange County Sanitation District Realignment & Rehabilitation of the 9 927288 -812? Big Canyon Offsite Trunk Sewer, Contract No. 5 -62, Authorization to street address: Perform Additional Work 10844 El:m Avenue Fountain VMtle /. CA 927087018 The Orange County Sanitation District (Sanitation District) recognizes that an urgent Member item has arisen on the above - referenced project. This includes the need to hire Agencies another contractor for a small piece of the larger contract work that must be as completed earlier than planned- Specifically, the Big Canyon Country Club has hired Cities Clarke Construction to perform their Pond Fill Project, The Pond Fill Project is 4nane;n, scheduled to commence before the Big Canyon Sewer Project. Hiring Clarke Construction to install sewer pipe segments in this specific area will significantly save Cypross time and money by not having to re- excavate the area. This work is estimated to cost rou;xeb, untie,' under $30.000. As long as this amount remains below $35,000, the Sanitation F °tier`°': Garden Gruda District's authorizing statute and Resolution 04 -08 do not require formal bid HUnOhg50n FPaacn procedures prior to award. Irol,,e Ca Habra La F,m,a However, the City has recognized that the current Reimbursement Agreement does us 4lan71%17e not provide a vehicle for reimbursement for this type of work. The Sanitation District's or„•,y;: Board of Directors has indicated a clear desire to complete the overall project. a!a ,•;., Therefore, due to the reasons indicated above, the Sanitation District shall reimburse Sar:w Ana see; eea::l, the City for this additional work as long as it does not exceed $35,000. We will $Lan.on recommend that the District Board ratify this commitment at its April Board meeting. 7unin VYLa Par", yorba L,,,da The authorization given through this letter negates the need to amend the current agreement and should address the City's concerns for reimbursement. If you have County or orange any questions regarding this project, please contact Adam Nazaroff at (714) 593 -7854. Sanitary Districts i. .. Cosra M.eaa ;:nrC'✓:ay C;cy Water Districts David A. Ludwin, P.E. Director of Engineering ' lnIne R. ?ncd AN:sa:gc EDMS:003807320 c: Jim Ruth, OCSD Interim General Manager David Kendig, OCSD General Counsel Mike Sinacori, City of Newport Beach Chuck Winsor, OCSD ,,; ,.,,Y i" ht �. I,; ji, '.i. ;. :, 7 v .n: ,.,.:: R:.),t ;, r ,W,1: tl::(.. Exhibit B to Construction Access Agreement with Big Canyon Country Club Construction Documents Terms and Conditions and Landscaping Special Provisions EXHIBIT B CONSTRUCTION ACCESS AGREEMENT TERMS AND CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS The following terms and conditions shall be incorporated by the City into its agreement with the Contractor for the construction of the project entitled "2005 -2006 Various Sewer Main Improvements and Big Canyon Trunk Sewer Replacement — Contract No. 3562." Capitalized terms not defined herein shall have the same meaning ascribed to those terms in the Construction Access Agreement (the "Construction Access Agreement") to which this document is an Exhibit. 1. Pre - construction Meeting: The Contractor and its on -site superintendent shall be required to attend a mandatory pre- construction meeting with Owner at the Property to discuss compliance with the Contract Documents. No Work will be permitted on the Property until after the mandatory pre- construction meeting has been conducted. 2. Phasing of the Work: The Contractor shall commence the Work as soon as practicable. The Work set forth in Bid Items Al thru A43 of the Construction Documents (hereinafter "Big Canyon Trunk Sewer Replacement "), and Work shown on City Sewer Improvements drawing 20 of 24, are the first priority of Work. In addition, the Contactor shall follow the following phasing schedule pertaining to the Work and provide a separate schedule to the City for this Work prior to the pre- construction meeting ( "Separate Schedule'). The Separate Schedule, which will be provided to the Owner at the pre- construction meeting held at the Property, shall indicate the dates each phase of Work will take place: Phase 1 Clubhouse and Driving Range Area. Work in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 51 +50 and 65 +07.45 and all associated laterals. In addition, the City Sewer Improvements shown on sheet 20 of 24 shall be completed in this phase. Work shall proceed from downstream to upstream on all installations. The first phase of Work is anticipated to start on May 15th, 2006. The portion of Phase 1 between Station 51 +50 and 58 +00 (the "Initial Priority Work ") shall be completed by July 5, 2006, or a day after such date for each day that elapses between May 15, 2006 and the date Contractor is given access to the Initial Priority Work area. Access for Phase 1 shall be from Big Canyon Clubhouse ( "Clubhouse ") parking lot. The Contractor shall not be allowed to perform any Work on the City Sewer Improvements shown on sheet 20 of 24 on June 15, 16, 17, 22 and 23 because the Owner requires entire use of the it EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS Clubhouse parking lot on these dates. Accordingly, the Contractor shall cease Work in the Clubhouse parking lot on those days and remove all equipment, tools, debris and other impediments to the ability of patrons or guest of Owner to park vehicles and walk to Owners facilities (and assure their safety in doing so), and all excavations shall be covered with plates or other devices to allow the parking spaces in the Clubhouse parking lot to be used during such dates. Access to other Phase 1 Work on June 15, 16, 17, 22 and 23 will be limited and staging for the Work on those days will be from the Driving Range. Phase 2 Golf Course Area Holes No. 1 and 9. Work in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 40 +00 & 51 +50 and all associated laterals. Work shall proceed from downstream to upstream on all installations. Access for Phase 2 will be from the Big Canyon Drive between the 3rd and 4th holes. Phase 3 Golf Course Area Hole No. 2. Work in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 21 +50 & 40 +00 and all associated laterals. Work shall proceed from downstream to upstream between Station 25 +50 and 40 +00. The jacking operation between 25 +50 to 21 +50 shall proceed from upstream to downstream. Access for Phase 3 will be from Big Canyon Drive between the 3rd and 4th holes. Phase 4 Golf Course Area Hole No. 3. Work in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 18 +40 & 21 +50. Work shall proceed from downstream to upstream. Access for Phase 4 will be from Big Canyon Drive between the 3rd and 4th holes. Phase 5 Golf Course Area Hole No. 4. Work in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 14 +13.65 & 18 +40 and 8 -inch sewer Work on Big Canyon Drive. Work shall proceed from downstream to upstream. Access for Phase 5 will be from the golf course maintenance facilities off Jamboree Road and /or Big Canyon Drive between the 3rd and 4th holes. Phase 6 Work in this phase shall include the necessary connection to existing sewers and abandonment of existing Big Canyon Trunk Facilities between Station 14 +13.65 and 65 +07.45. Access for Phase 6 will be from Big Canyon Drive between the 3rd and 4th holes. 2 EXHIBIT B TERMS & CONDITIONS-TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS Phase 7 Golf Course Holes 13 and 17. Work to be included in this phase shall include the Big Canyon Trunk Sewer Replacement between Station 72 +85.59 & 77 +64.25. Work shall proceed in from downstream to upstream on all installations and include connection to and abandonment of existing trunk sewers. Access for Phase 7 shall be from MacArthur Boulevard. In addition, the lining of the existing Big Canyon Trunk Sewer between Station 65 +07.45 and 72 +85.59 shall be accomplished during this phase. Work on Phase 1 shall be completed prior to performing any other Project Work unless the Contractor obtains the express written permission of the Owner and City's designated representative (hereinafter "Engineer "). Contractor shall be required to coordinate Phase 1 Work with the contractor hired by the Owner for the Pond Fill Project. Work on Phases 2 through 7 shall not commence until after June 25, 2006. Except as provided above, Work on the City Sewer and Storm Drain improvements may be done concurrently with the Big Canyon Trunk Sewer Replacement and can proceed in a schedule determined by the Contractor. For Work on Phases 2 through 7 and City Sewer and Storm Drain Work, the Contractor shall "Complete its Work" one hole at a time so that golf play on more than one hole is not impacted or altered by the Work at any one time. The Contractor shall be deemed to have "Completed its Work" on a golf hole when it has completed the sewer installation(s), backfilled and compacted the trenches and any other surface irregularities created by the Work back to the level of the surrounding surfaces not disturbed by the Work, removed all remaining dirt and debris from the area and moved all men, equipment, barricades or other obstructions off of that golf hole. The landscape restoration efforts related to the Big Canyon Trunk Sewer Replacement does not have to be completed prior to moving to the next phase of Work and can and shall be done concurrently as the Contractor transitions from one phase to the next. Notwithstanding the provisions of the Construction Access Agreement to the contrary, restoration efforts for Phase 7 may be completed with in ten (10) working days of the end of that Phase, but not later than 157 calendar days after commencement of the Work. The Contractor shall be prohibited from: (1) accessing the Property at any location other than the locations indicated on the Construction Map; (2) conducting Work outside of the Work Zone; and /or (3) performing other Work not permitted in the Contract Documents on the Property. The Contractor shall phase the Work so that the intended use of the Property and the Owner's inconvenience are minimized. Therefore, the Contractor shall complete the Big Canyon Trunk Sewer Replacement, including required testing, restoration and final clean -up in one phase at a time or between manholes before moving to the next phase of Work. Contractor shall maintain a path of cart and pedestrian travel between golf holes at all times. K, EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS In the event Contractor takes access through a golf hole upon which Work is not then in progress, Contractor shall control its vehicles such that golfers on such golf hole shall have the right of way. In other words, vehicles on the course on such holes shall wait for golfers to hit before proceeding. Owner shall not be liable to Contractor or any Authorized Party for injury to persons or damage to property from being struck by a golf ball. Contractor may periodically (i.e. irregularly) use the Jamboree Road access to the Property through Owner's maintenance yard for deliveries of materials needed for Work proximate to Jamboree Road, provided such access is between the hours of 6:30 AM to 2:30 PM and the maintenance yard is then open. 3. Working Hours: Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to Work later than 4:30 p.m. up to 6:30 p.m. weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, the Contractor shall first obtain special permission from the City; provided, however, for Phase 1 of the Work, the Contractor shall Work on Saturday at least from 8:00 a.m. to 4:00 p.m. Except as set forth above regarding Phase 1 Work, a request to Work during any of these hours must be made at least 72 hours in advance of the desired time period, except in emergencies involving immediate hazard to persons or property. A separate request must be made for each Work shift. The Engineer reserves the right to deny any or all such requests. Denial of such request(s) will not be sufficient reason to grant the Contractor an extension of time. No Work shall occur on Sundays. 4. Storage of Equipment: Construction materials and equipment may only be stored on the Property in areas shown on the Construction Map, or in streets, roads, sidewalk, if approved by the Engineer. The City and Owner have provided three (3) staging areas for this Project as indicated on the Plans. Only storage areas within the Property as shown on the Construction Map may be used without the prior written consent of the Owner. The storage areas in the Clubhouse parking lot and on the driving range may only be used during Phase 1 of the Work. The Owner requires use of the entire Clubhouse parking lot on June 15, 16, 17, 22 and 23. The Clubhouse parking lot shall not be used for staging or storage on those days. Staging on those days shall be from the Driving Range. The Contractor shall cease all Work in the Clubhouse parking lot on those days and remove all equipment, tools, debris and other impediments to the ability of patrons or guest of Owner to park vehicles and walk to Owner's facilities (and assure their safety in doing so). Prior to move -in, the Contractor shall take photos of the laydown (staging) areas and provide one set to the City and one set to Owner. The Contractor shall restore the laydown (staging) areas to their pre- construction or better condition. The Engineer shall require new base and pavement if the pavement condition has been compromised during construction at no additional cost to the City, District or Owner. EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS 5. Subcontractors: The replacement and repair of the Owner's turf, vegetation (landscaping) and irrigation related Work on the Property shall be done in accordance with the applicable sections of the Special Provisions and the Landscape Special Provisions attached hereto as Exhibit 1 and, pursuant to the requirement imposed by Owner as a condition to obtaining consent to site access, such Work shall be conducted by the following applicable subcontractors: a) SOUTHWEST GROWERS AND LANDSCAPING, INC. 21251 Bushard Street Huntington Beach, CA Contact Person: Mr. Ron Jessee 714/964 -9511 b) CHRISTENSEN IRRIGATION COMPANY, INC. 3505 Cadillac Avenue, Ste 0 -206B Costa Mesa, CA Contact Person: Mr. Scott Murray 714/556 -6076 Contractor must utilize these two firms for all turf, vegetation (landscaping) and irrigation related Work on the Property and note them in the Designation of Subcontractor(s) portion of the Special Provisions or the bid may be considered non - responsive." 6. Inspection Requirements: Inspection will be required by the Owner on the following stages of the Work on the Property: a) Prior to removals of the existing landscaping and turf. b) During preliminary grading, soil preparation, and initial weeding. c) When trees are spotted for planting, but before planting holes have been excavated. d) When finish grading has been completed. e) Before commencing boring Work near the stream approximately 100 -120 yards from the hole #2 green, Owner shall be notified to assure that trees in that area are not impacted by the Work. f) As specified in the Landscape Special Provisions attached hereto as Exhibit 1. 5 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS Plants shall be subject to inspection and approval or rejection by the City and /or Owner at place of growth and upon delivery to site at any time before or during progress of the Work. 7. Cooperation and Collateral Work: No shutdowns of water service to the Property may occur, except as provided in this Section 7. Contractor shall be responsible to perform all shut downs of private water facilities of Owner as required. City forces will perform all shut downs of public water facilities as required. The Contractor shall give the City and /or Owner seven (7) calendar days advance notice to have the effected water service(s) shut down. The City acknowledges that the golf course vegetation will require periodic watering especially during the heat of the summer. A six -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 4:00 p.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department and Owner, as applicable. The City must approve any nighttime Work in advance. Failure to comply with the shut down procedures will prevent the shut down of the water and the Contractor shall take full responsibility for the construction of the sewer or its appurtenances. No time extensions will be granted for failing to comply with this procedure. The Owner anticipates the Pond Fill Project and other construction around the Club House, generally between or near stations 51 +50 and 58 +00 of the Big Canyon Trunk Sewer Replacement area during the construction period of the Work. The Contractor shall coordinate its Work with Owner's construction as well as the operation of existing and new utilities and facilities of Owner during the course of the Work. The Contractor shall permit others engaged in Work to accomplish such Work without undue interference or delay. The Contractor shall notify the City and the Owner if Owner utilities, which are in operation require shut -off. 8. Traffic and Access: Pedestrian access within the limits of the Work must be maintained at all times. The Contractor shall cooperate with the Engineer and Owner to provide access that may be impacted by construction operations on the Property, particularly path and working across fairways during construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, green 4 -foot high safety fence and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected areas of Work. Such measures 0 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS shall be shown on the Detailed Traffic Control Plans required by the Construction Documents. 9. Notice to Residents: Ten (10) working days prior to starting Work, the Contractor shall deliver a tri -fold notice to the Owner and residents adjacent to the Work describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight (48) hours before restricting vehicular or pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor shall distribute to affected residents a written notice stating when construction operations will start and approximately when vehicular and pedestrian accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of god, strikes or other alterations of the schedule will require re- notification using an explanatory letter furnished by the Engineer and delivered by the Contractor. The Contractor shall provide all residents, Owner and businesses impacted by any utility shutdown written notice twice; once three (3) days in advance and once twenty -four (24) hours in advance of any service interruption. The City will review and approve the notification format prior to the Contractor's distribution. The Contractor shall submit the notice to the Engineer at lest five (5) working days prior to distribution for approval. 10. Protection and Restoration of Existing Improvements: Contractor shall restore all ground conditions modified by Contractor and all vegetation (landscaping), irrigation facilities and improvements of Owner damaged or removed by Contractor to their condition prior to the commencement of the Work, as soon after completion of the Work as possible. Such restoration within a Phase shall occur as soon as that Phase of the Work is completed so that the facilities of Owner are placed back into pre -Work condition as soon as practicable. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the various bid items unless otherwise specified. Owner shall receive a warranty for all restoration Work. The warranty period shall be one year from the acceptance of the Work by the City. Owner shall receive a maintenance period of ninety (90) days for all turf installed. The Contractor shall provide the City a minimum of 72 (equal to three (3) standard rolls of film) color photographs of the initial site conditions prior to the start of construction. The Contractor shall also provide a minimum of 24 additional color photographs per month to document conditions of the Work in progress. The Contractor shall provide the City a minimum of 72 color photographs of finished site conditions of the completed Project. The photographs shall be of such views as to document Project conditions during the progress and at the conclusion of the Project at the locations where previous construction photograph documentation was obtained. 7 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS 11. Insurance: Insurance is to be placed with insurers with a current A.M. Best Rating Guide rating of A -, or better, and no smaller than Financial Size Category Class VII, or better, and insurers must be a California Admitted Insurance Company. The City and /or Orange County Sanitation District may require Contractor to substitute any insurer whose rating drops below the levels herein specified and the substitution shall occur within twenty (20) days of written notice to Contractor by the City, Orange County Sanitation District, and /or their agents. Contractor shall furnish City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City and Orange County Sanitation District before Work commences. City and Orange County Sanitation District reserve the right to require complete, certified copies of all required insurance policies, including endorsements, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries or death to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his /its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. a) Minimum Scope of Insurance Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 91 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS b) Minimum Limits of Insurance Coverage limits shall be no less than: 1) General Liability: $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage and $4,000,000.00 aggregate bodily injury, personal injury, and property damage. 2) Automobile Liability: $2,000,000.00 combined single limit per accident for bodily injury and property damage, including non - owned and hired vehicles. 3) Workers' Compensation and Employers Liability: Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of $1,000,000.00, 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 the City and Orange County Sanitation District. c) Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholder, directors, members, officers, officials, employees, agents, consultants attorneys and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d) Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholders, directors, members, officers, agents, officials, employees, consultants, N EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS attorneys and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholders, directors, members, officers, agents, officials, employees, consultants, attorneys or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects the City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their officers, agents, officials, employees, consultants and volunteers. Any insurance or self- insurance maintained by the City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholders, directors, members, officers, agents, officials, employees, consultants, attorneys and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholders, directors, members, officers, agents, officials, employees, consultants, attorneys and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. V. The insurance afforded by the policy for contractual liability shall include liability assumed by Contractor under the indemnification /hold harmless provision contained in this Contract. 10 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS 2) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association their shareholders, directors, members officers, agents, officials, employees, consultants, attorneys and volunteers for losses arising from Work performed by Contractor for the City. 3) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City and Orange County Sanitation District. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City and Orange County Sanitation District may review and approve all insurance and bonds documentation. 12. Indemnification: Contractor shall indemnify, hold harmless, and defend City, Orange County Sanitation District, Big Canyon Country Club, Big Canyon Community Association and the Canyon Hills Community Association and each of their past, present and future members, partners, officers, officials, directors, employees, agents, consultants, volunteers, affiliates, assignees, shareholders, representatives, attorneys, subsidiaries, members, parent and affiliated entities and their respective successors, heirs and assigns (collectively, "Indemnified Parties ") harmless for, from and against any costs, expenses, damages, and losses, including actual attorneys fees ( "Losses ") of any kind or character to any person or property arising directly or indirectly from or caused by any of the following (i) Contractors construction activities; (ii) any defect in the Project Work performed by Contractor; (iii) any act or omission of Contractor or its respective officers, directors, shareholder members, partners, employees, agents, contractors, subcontractors, suppliers, representatives and affiliates ( "Contractor Representatives "); (iv) any accident or casualty within or arising out of the Project Work; (v) any violation or alleged violation of any law, ordinance or statute now or hereafter enacted arising out of the Project Work; (vi) Contractor's performance under this Agreement or the construction by Contractor of any improvements pursuant to this Agreement; (vii) 11 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS the violation of any Environmental Laws or the failure to clean up and mitigate the consequences of the spill or release of any Hazardous Substance; (viii) any liens for any provider of Work, labor, material or services claiming by, through, or under Contractor relating to the Project Work, (ix) the negligence or willful misconduct of Contractor or any of Contractor's Representatives in the performance of the Project Work and (x) any breach of this Agreement. Contractor shall not be required to indemnify, hold harmless and defend the Indemnified Parties from the sole or active negligence or willful misconduct of the Indemnified Parties. As used herein, the term "Environmental Laws" shall mean "any and all present and future federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment or any "Hazardous Substance" or "Hazardous Substance Activity" (as defined herein) (including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code)." As used herein, the term "Hazardous Substance' shall mean "any (a) chemical, compound, material, mixture or substance that is now or hereinafter defined or listed in, or otherwise classified pursuant to any Environmental Law as a "hazardous substance ", "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other formulation intended to define, list or classify substances by reason of deleterious properties or affect and (b) petroleum, petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources." 13. Liens: The Contractor shall be responsible for the satisfaction or payment of any liens for any provider of Work, labor, material or services claiming by, through, or under Contractor relating to any Project Work or the property where the Project Work is to be performed. The Contractor shall also indemnify, hold harmless and defend the Indemnified Parties for, from and against any such liens, including reasonable Attorneys' fees incurred as a result of such liens. Contractor shall not be required to indemnify, hold harmless and defend the Indemnified Parties from the sole or active negligence or willful misconduct of the Indemnified Parties. Such liens shall be discharged by the Contractor, as applicable within ten (10) days of notice of filing thereof by bonding, payment or otherwise, provided that Contractor may contest, in good faith and by appropriate proceeding, any such liens. 12 EXHIBIT B TERMS & CONDITIONS TO BE INCORPORATED INTO CONSTRUCTION DOCUMENTS 14. Default: In the event Contractor fails to comply with any provisions of the Contract Documents ( "Default'), which Default shall not have been cured within seven (7) calendar days after receiving written notice specifying such Default, the City may, in addition to any other remedies provided at law or in equity, immediately or any time thereafter terminate this Agreement upon written notice to the Contractor. 13 Exhibit C to Letter Agreement Amended and Restated City Easements RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. AMENDED AND RESTATED EASEMENT This Amended and Restated Easement (this "Amendment') is entered into as of April _, 2006 ( "Effective Date ") by and between Big Canyon Country Club, a California non -profit mutual benefit corporation ( "Grantor"), and the City of Newport Beach, a municipal corporation ( "Grantee'), with reference to the following facts. A. On June 19, 1975, in Book 11435, Pages 247 through 252 of the Official Records of Orange County, California, a Public Utility Easement executed by the Irvine Company in favor of Grantee was recorded ( "Easement'). B. Grantor is the owner of the fee interest in the property which the Easement encumbers (the "Property"). C. Grantee and Grantor now desire to enter into this Amendment to amend and restate the legal descriptions of that portion of the Property burdened by the Easement. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment and Restatement of Easement. The legal description of that portion of the Property burdened by the Easement shall be replaced with the legal description set forth in Exhibit 1 attached hereto and incorporated herein by this reference. Exhibit A to the Easement shall be replaced with the sketch to accompany the new legal description which is attached hereto as Exhibit 2 and incorporated herein by this reference. 2. Terms of Easement: Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Easement and exhibits attached thereto shall remain unchanged and shall be in full force and effect. (SIGNATURES ON FOLLOWING PAGEI 1 EXHIBIT C APPROVED AS TO FORM GRANTEE: THE CITY OF NEWPORT BEACH By: CiK-- C_ dC%,.._-_ By: Aaron C. Harp, Assistant City Attorney For the City of Newport Beach ATTEST M LaVonne Harkless, City Clerk For the City of Newport Beach Don Webb, Mayor For the City of Newport Beach GRANTOR BIG CANYON COUNTRY CLUB BTA Name: Title: By: Name: Title: [END SIGNATURES] 2 STATE OF CALIFORNIA COUNTY OF ORANGE On ss: 2006, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA COUNTY OF ORANGE On ss: 2006, before me, (This area for official notarial seal) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) 3 THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN TILE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 12.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF LOT 19 OF TRACT NO. 7638 AS PER MAP FILED IN BOOK 300, PAGES I THROUGH 9 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 31 °57'28" EAST 247.98 FEET TO THE POINT OF TERMINATION. PARCEL 2: A STRIP OF LAND 15.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE ANGLE POINT IN THE NORTHWESTERLY LINE OF LOT 61 OF TRACT NO. 7638 PER MAP FILED IN BOOK 306, PAGES I TO 9 INCLUSIVE, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 26'1 Y 16" EAST 36.33 FEET ON SAID MAP; THENCE NORTH 71 °57'59" WEST 371.28 FEET TO THE POINT OF TERMINATION. AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF. j� �k1 �ArI r'� No. 1914 . 12 -31 -01 WWSOC & SSOCIATES Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 EXHIBIT "1" LEGAL DESCRIPTION TO ACCOMPANY A SKETCH W.O. No. 1140 - 369 -001 Date: 04/13/2006 Engr.B.JW. Chk'd. J.W. Sheet I of I -� 0 C) i U I`.WU�u 21 s `v/i�/ 00, 00, '/v// / PARCEL 1 / 12' SEWER EASEMENT 20 / 1 BEGINNING 22 v Tom' M.M• L SOC & EXHIBIT OM SSOCIATES SKETCH TO ACCOMPANY � A LEGAL DESCRIPTION CIVIL ENGINEERS -LAND SURVEYORS- PLANNERS 2552 WHITE ROAD, SUITE B•IRVINE, CA 92614 -6236 W.O. No. 1140- 369 -001 Date 04/03/06 (949) 660 -0110 PAX: 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2 POINT OF BEGINNING N I PARCEL 2 15' SEWER EASEMENT NMI W J U !n v\oCv alb"40ON - MM 1188 'w WSOC & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 Me N 26' 13' 16" 105 36.33' G N 3, t,9 61 �� 3067 M• Z` F 62F��s EXHIBIT "2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W.O. No. 1140- 369 -001 Dote 04/03/06 Engr. B.J.W. Chk'd J.W. Sheet 2 Of 2 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. AMENDED AND RESTATED EASEMENT This Amended and Restated Easement (this "Amendment ") is entered into as of April , 2006 ( "Effective Date ") by and between Big Canyon Country Club, a California non - profit mutual benefit corporation ( "Grantor") and the City of Newport Beach, a municipal corporation ( "Grantee ") with reference to the following facts. A. On May 18, 1971, in Book 9644, Pages 465 through 474, of the Official Records of Orange County, California, an easement executed by the Irvine Company and Grantor in favor of the Grantee was recorded ( "Easement "). B. Grantor is the owner of the fee interest in the property which the Easement encumbers (the "Property "). C. Grantee and Grantor now desire to enter into this Amendment to amend and restate the legal descriptions of that portion of the Property burdened by the Easement. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment and Restatement of Easement. The legal description of that portion of the Property burdened by the Easement, set forth in Exhibit A to the Easement, shall be replaced with the legal description set forth in Exhibit 1 attached hereto and incorporated herein by this reference. Exhibit B to the Easement shall be replaced with the sketches to accompany the new legal description which are attached hereto as Exhibit 2 and incorporated herein by this reference. 2. Terms of Easement: Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Easement and exhibits attached thereto shall remain unchanged and shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGEI 1 APPROVED AS TO FORM By � Aaron C. Harp, Assistant City Attorney For the City of Newport Beach ATTEST 0 LaVonne Harkless, City Clerk For the City of Newport Beach GRANTEE: THE CITY OF NEWPORT BEACH M Don Webb, Mayor For the City of Newport Beach GRANTOR BIG CANYON COUNTRY CLUB By: Name: Title: By: Name: Title: [END SIGNATURES] 6 STATE OF CALIFORNIA COUNTY OF ORANGE On ss: 2006, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On 2006, before me, (This area for official notarial seal) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) 3 BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 14 IN TRACT NO. 7223 AS PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 64 °21'47" WEST 23.33 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTH 41 °10'38" WEST 26.50 FEET; THENCE NORTH 55 °21'42" WEST 23.50 FEET TO THE POINT OF TERMINATION. PARCEL 2: A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF ROYAL SAINT GEORGE ROAD IN TRACT NO. 7223 AS PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 47 °10'34" EAST 17.00 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 47 °10'34" WEST 136.60 FEET ON SAID MAP; THENCE SOUTH 03 °50'08" WEST 79.06 FEET TO THE POINT OF TERMINATION. WWSOC & SSOCIATES Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 EXHIBIT "1" LEGAL DESCRIPTION TO ACCOMPANY A SKETCH W.O. No. 1140 - 369 -001 Date: 04/04/06 Engr.B.JW. Chk'd. J.W. Sheet 1 oft PARCEL 3: A STRIP: OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 93 IN TRACT NO. 7223 AS PER MAP RECORDED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING SOUTH 66 °58'28" WEST 5.01 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT; THENCE NORTH 25'59' 11" WEST 22.97 FEET TO POINT `A'; THENCE NORTH 25'59' 11" WEST 47.72 FEET; THENCE SOUTH 68'59'18" WEST 188.45 FEET; THENCE SOUTH 75'04'03" WEST 24.44 FEET; THENCE SOUTH 47 °40'34" WEST 254.82 FEET TO THE POINT OF TERMINATION. PARCEL4: A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT `A' DESCRIBED IN PARCEL 3 ABOVE; THENCE NORTH 58'57'19" EAST 137.44 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT 89 IN SAID TRACT NO. 7223, SAID POINT BEING SOUTH 39-20'l 7" WEST 14.03 FEET FROM THE ANGLE POINT IN SAID NORTHWESTERLY LINE SAID POINT BEING THE POINT OF TERMINATION. PARCEL 5: A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE ANGLE POINT IN THE WESTERLY LINE OF LOT 13 IN TRACT NO. 7223 PER MAP FILED IN BOOK 274, PAGES 7 TO 18 INCLUSIVE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 00'52'51" WEST 130.01 FEET ON SAID MAP; THENCE NORTH 78'11' 15" WEST 587.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 13'56'05" EAST 86.00 FEET; THENCE NORTH 80'17'14" EAST' THENCE NORTH 11'49' 19" WEST 54.09 TO THE SOUTHERLY LINE OF SAID TRACT NO. 7223 AND THE POINT OF TERMINATION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. V�SSOC & SSOCIATES Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 1. 1914 12 -31 -01 EXHIBIT "1" LEGAL DESCRIPTION TO ACCOMPANY A SKETCH W.O. No. 1140 - 369 -001 Date: 04/04/06 Engr.B.JW. Chk'd. J.W. Sheet 2 of 2 SCALE:1 " =100' PARCEL 1 10' SEWER EASEMENT ALDEN & SSOCIATES LINE TABLE LINE BEARING DISTANCE L1 N 41'10'38" W 26.50' L3 N 55'21'42° W 13.50' CIVIL ENGINEERS -LAND SURVEYORS- PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0416 EXHIBIT "2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W.O. No, 1140- 369 -005 Dote 04/04/06 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 4 SCALE: 1" =100' 35 ROy q� 17.00' PARCEL 2 10' SEWER EASEMENT; �2 CEO ' W WSOC ' & SOCIATES 5.00aL; 5.00' H 10.00' �o• LOT A LINE TABLE LINE BEARING DISTANCE L1 S 03.50'08" W 79.06' L2 N 4710'34" W 136.60' CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 EXHIBIT "2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W.O. No. 1140- 369 -005 Date 04/04/06 fir. B.J.W. Chk'd J.W. Sheet 2 Of 4 -X 0 0 1 W J Q U No. 7914 r. 12 -31 -07 PARCEL 4 10' SEWER EASEMENT fit, °N �- °G�N� 0 ' V i i ice_ g �Pp \ALA �S s 00. O. PARCEL 3 15' SEWER EASEMENT Np 3 A&ZALDEN & EXHIBIT "2" wv SSOCIATES SKETCH TO ACCOMPANY r 'W A LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B- IRVINE, CA 92614 -6236 W.O. NO. 1140 -369 -001 Date 02/23/06 (949) 660 -0110 FAX: 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 3 Of 4 LINE TABLE LINE BEARING DISTANCE L1 N 25'59'11" W 70.69' L2 S 68'59'18" W 188.45' L3 S 75'04'03" W 24.44' L4 S 47'40'34" W 254.82' L5 S 6658'28" W 86.93' L6 S 24"1 1 '03" W 1 18.39' L7 S 58'20'19" W 1 70.49' L8 N 25'59'11" W 47.92' L9 N 25'59'11" W 22.77' L10 S 58'20'19" W 137.44' Np 3 A&ZALDEN & EXHIBIT "2" wv SSOCIATES SKETCH TO ACCOMPANY r 'W A LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B- IRVINE, CA 92614 -6236 W.O. NO. 1140 -369 -001 Date 02/23/06 (949) 660 -0110 FAX: 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 3 Of 4 LINE TABLE LINE BEARING DISTANCE L1 N 13'56'05' E 86.00' L2 N 80' 17'14" E 70.58' L3 N 11'49'19" W 54.09' L4 S 00'52'51" E 130.01' G� gyp. 1110 t� / 15 U� 50 7 ' 7.50, r _rr- �!I 'ARCEL 5 15' SEWER EASEMENT 78'17,15., W TRUE P01NT OF BEGINNING li . J V �SSOC & EXHIBIT SSOCIATES SKETCH TO ACCOMPANY PANY A LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B•IRVINE, CA 92614 -6236 W. 0. No. 1140- 369 -001 Date 02/23/06 (949) 660 -0110 PAX: 660 -0418 Engr. B.J.W. Chk'd J.W. Sheet 4 Of 4 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. AMENDED AND RESTATED EASEMENT This Amended and Restated Easement (this "Amendment ") is entered into as of April _, 2006 ( "Effective Date ") by and between Big Canyon Country Club, a California non - profit mutual benefit corporation ( "Grantor') and the City of Newport Beach, a municipal corporation ( "Grantee ") with reference to the following facts. A. On November 24, 1971, in Book 9901, Pages 304 through 309, of the Official Records of Orange County, California, a Public Utility Easement executed by the Irvine Company in favor of Grantee was recorded ( "Easement "). B. Grantor is the owner of the fee interest in the property which the Easement encumbers (the "Property "). C. Grantee and Grantor now desire to enter into this Amendment to amend and restate the legal descriptions of that portion of the Property burdened by the Easement. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment and Restatement of Easement. The legal description of that portion of the Property burdened by the Easement shall be replaced with the legal description set forth in Exhibit 1 attached hereto and incorporated herein by this reference. Exhibit A to the Easement shall be replaced with the sketch to accompany the new legal description which is attached hereto as Exhibit 2 and incorporated herein by this reference. 2. Terms of Easement: Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Easement and exhibits attached thereto shall remain unchanged and shall be in full force and effect. (SIGNATURES ON FOLLOWING PAGEI APPROVED AS TO FORM GRANTEE: THE CITY OF NEWPORT BEACH By: � C.-. 6. ff C'- - By: Aaron C. Harp, Assistant City Attorney For the City of Newport Beach ATTEST la LaVonne Harkless, City Clerk For the City of Newport Beach Don Webb, Mayor For the City of Newport Beach GRANTOR BIG CANYON COUNTRY CLUB S Name: Title: By: Name: Title: [END SIGNATURES] STATE OF CALIFORNIA COUNTY OF ORANGE On appeared ss: 2006, before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On 2006, before me, (This area for official notarial seal) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) THOSE PORTIONS OF BLOCK 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I: A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF BIG CANYON DRIVE (LOT "B') OF VARIABLE WIDTH, AS SHOWN ON THE MAP TRACT NO. 7223 FILED IN BOOK 274, PAGES 7 THROUGH 18 INCLUSIVE, OF MISCELLANEOUS MAPS, SAID POINT BEING THE SOUTHERLY TERMINATION OF THAT CERTAIN CURVE SHOWN ON SAID MAP AS BEING CONCAVE SOUTHERLY HAVING A RADIUS OF 450.00 FEET, A CENTRAL ANGLE OF 98'08'02" AND AN ARC LENGTH OF 770.74 FEET; THENCE NORTHWESTERLY AND WESTERLY 315.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40 °07'23' ; THENCE RADIALLY NORTH 00'16'2 1" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 06'02'24" WEST 72.12 FEET; THENCE NORTH 86'38'58" EAST 150.89 FEET; THENCE NORTH 05'46'41" EAST 175.25 FEET TO THE POINT OF TERMINATION. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN SAID BIG CANYON DRIVE. PARCEL2: A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF TRACT NO. 7384 AS PER MAP FILED IN BOOK 281, PAGES 17 THROUGH 19 INCLUSIVE, OF MISCELLANEOUS MAPS WITH THE CENTERLINE OF THAT CERTAIN EASEMENT DELINEATED ON SAID MAP AS "10' EASEMENT FOR SANITARY SEWER PURPOSES TO THE CITY OF NEWPORT BEACH ; THENCE SOUTH 38'06'46" EAST 240.86 FEET ALONG SAID CENTERLINE AND THE SOUTHEASTERLY PROLONGATION THEREOF; THENCE SOUTH 07'25'25" EAST 147.17 FEET; THENCE SOUTH 48'00'00" EAST 220.00 FEET TO THE POINT OF TERMINATION. EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID TRACT NO. 7384. AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF. � ALDEN & SSOCIATES wmv Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 EXHIBIT "I" LEGAL DESCRIPTION TO ACCOMPANY A SKETCH W.O. No. 1140 - 369 -001 Date: 04/17/2006 Engr.B.JW. Chk'd. J.W. Sheet 1 of 1 CURVE TABLE CURVE DELTA RADIUS I LENGTH Cl 40'07'23" 450.00' 315.13' LINE TABLE LINE BEARING DISTANCE L1 N 0916'21" W 5.00' L2 N 0602'24" W 72.12' L3 N 86'38'58" E 150.89' L4 N 05'46'41" E 175.25' L3__ 111 7,50' 15.00' 7.50' II VIII I I I II II _ I J - TV 0 0 n w Q U PARCEL 1 15' SEWER EASEM GPNY� o LI= 770. Cl 74•_ 02 pw9$oa �R��F '�5 sV Q $ g�oN NO ot3$p, �N� MM' ALDEN & EXHIBIT "2" SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B•IRVINE, CA 92614 -6236 W.O. No. 1140 - 369 -001 Dote 04/17/06 (949) 660 -0110 FAX: 660 -0419 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2 CURVE TABLE CURVE I DELTA I RADIUS LENGTH Cl 02. 01'06" 460.00' 1 16.20' I(A 10 IJ I� 11n I n'-- Im I I� IV S 89'18'46" E 250.26'_. S 89'18'46" E 250.26'. ail NORTHERLY LINE TRACT NO. 7384 15 16 17 — - - -- -� 18 19 Q� o G �vps- `RUNE MM �1$ I I` � 1 1 9 11 11 J A 1 .11— PARCEL 2 10' SEWER EASEMENT VFWSOC & SOCIATES CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 EXHIBIT "2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W.O. No. 1140- 369 -001 Date 04/17/06 Engr. B.J.W. Chk'd J.W. Sheet 2 Of 2 Exhibit D to Letter Agreement Amended and Restated Canyon Fairway Easement RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Canyon Fairway Community Association PO Box 4708 Irvine, CA 92618 Space above this line for Recorder's use only. AMENDED AND RESTATED EASEMENT This Amended and Restated Easement (this "Amendment ") is entered into as of April , 2006 ( "Effective Date ") by and between Big Canyon Country Club, a California non - profit mutual benefit corporation ( "Grantor") and the Canyon Fairway Community Association, a California corporation ( "Grantee ") with reference to the following facts. A. On May 8, 1984, an easement identified as Document No. 84- 190109 of the Official Records of Orange County, California, executed by Grantor in favor of the Irvine Company was recorded ( "Easement "). B. Grantor is the owner of the fee interest in the property which the Easement encumbers (the "Property "). C. Grantee is the successor in interest to the rights of the Irvine Company in the Easement. D. Grantee and Grantor now desire to enter into this Amendment to amend and restate the legal descriptions of that portion of the Property burdened by the Easement. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment and Restatement of Easement. The legal description of that portion of the Property burdened by the Easement shall be replaced with the legal description set forth in Exhibit 1 attached hereto and incorporated herein by this reference. Exhibit A to the Easement shall be replaced with the sketch to accompany the new legal description which is attached hereto as Exhibit 2 and incorporated herein by this reference. 2. Terms of Easement: Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Easement and exhibits attached thereto shall remain unchanged and shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 1 EXHIBIT D GRANTEE: CANYON FAIRWAY COMMUNITY ASSOCIATION By: Name: Title: By: Name: Title: GRANTOR BIG CANYON COUNTRY CLUB Name: Title: By: Name: Title: [END SIGNATURES] 2 STATE OF CALIFORNIA COUNTY OF ORANGE On ss: 2006, before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On 2006, before me, (This area for official notarial seal) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they has executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) 91 THOSE PORTIONS OF BLOCKS 55, 56,92 AND 93 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 38.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THE 129' COURSE OF PARCEL 2 OF THE DEED FROM THE IRVINE COMPANY TO BIG CANYON COUNTRY CLUB, RECORDED DECEMBER 30, 1974, IN BOOK 11314, PAGE 857 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID COURSE, NORTH 12 °04'45" WEST 9.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 60'11'00" EAST 62.81 FEET TO A POINT HEREON REFERRED TO AS POINT `A'; THENCE CONTINUING NORTH 60'11'00" EAST 18.00 FEET TO A POINT HEREON REFERRED TO AS POINT `B', SAID POINT ALSO BEING THE POINT OF TERMINATION. PARCEL 2: A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT `A'; THENCE NORTH 15 °00'51" EAST 187.67 FEET TO THE POINT OF TERMINATION. PARCEL3: A STRIP OF LAND 19.00 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT `B'; THENCE NORTH 60° 11'00" EAST 181.69 FEET TO THE POINT OF TERMINATION. AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF. & SOC SOCIATES �L TV Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 EXHIBIT "1" LEGAL DESCRIPTION TO ACCOMPANY A SKETCH W.O. No. 1140 - 369 -001 Date: 04/13/2006 Engr.B.JW. Chk'd. J.W. Sheet 1 of 1 TRUE POINT OF BEGINNING POINT OF COMMENCEMENT 15 1.50, Z1 � N,1 J O � a? �: PARCEL 2 SOON \ 15' SEWER EASEMENT & T \ \N iT \ \\ / �i �i 00. °' " / PARCEL 3 POINT 'B' 19' SEWER POINT 'A' 1 cA PARCEL 1 .00. 38' SEWER EASEMENT T� CT Np 11089 1. 7914 12 -31 -07 WWSOC & SSOCIATES Z Sa, CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS 2552 WHITE ROAD, SUITE E -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 A0�s 70, EASEMENT LINE TABLE LINE BEARING DISTANCE L1 N 60'11'00" E 62.81' L2 N 15'00'51" W 187.67' L3 N 60'11'00" E 18.00' L4 N 60'11'00" E 181.69' 0 N1 0 n N Q-0 58., vV EXHIBIT "2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W. 0. No. 1140 - 369 -001 Date 04/10/06 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 1 Exhibit E to Letter Agreement City Quitclaim RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Big Canyon Country Club One Big Canyon Drive Newport Beach, CA 92660 Attn: General Manager Space above this line for Recorder's use only. QUITCLAIM DEED AND PARTIAL TERMINATION OF EASEMENT This Quitclaim Deed and Partial Termination of Easement (this "Quitclaim ") is effective as of , 2006 ( "Effective Date ") and is made with reference to the following facts. A. On May 6, 1971, in Book 9631, Pages 492 through 497, of the Official Records of Orange County, California, an easement executed by the Irvine Company in favor of the City of Newport Beach, a municipal corporation ( "City "), was recorded ( "Easement'). B. The City now desires to quitclaim to Big Canyon Country Club, a California mutual benefit non - profit corporation ( "BCCC "), a portion of the Easement. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the City does hereby quitclaim to the BCCC that portion of the Easement as described in Exhibit "A" and delineated on Exhibit "B," both of which exhibits are attached hereto and incorporated herein by this reference. The remaining portion of the Easement not quitclaimed to the BCCC shall remain unchanged and shall be in full force and effect. APPROVED AS TO FORM THE CITY OF NEWPORT BEACH f f Aaron C. Harp, Assistant City Attomey For the City of Newport Beach ATTEST By: LaVonne Harkless, City Clerk For the City of Newport Beach Don Webb, Mayor For the City of Newport Beach EXHIBIT E T STATE OF CALIFORNIA COUNTY OF ORANGE a ss: 2006, before me, personally appeared _ ly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they has executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA COUNTY OF ORANGE On ss: 2006, before me, (This area for official notarial seal) personally appeared _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey has executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) EXHIBIT "A" BEING A PORTION OF BLOCKS 56 AND 92 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF A STRIP OF LAND 10.00 FEET IN WIDTH, SHOWN AS "PARCEL 1" IN THE DOCUMENT RECORDED MAY 6, 1971 IN BOOK 9631, PAGE 492 OF OFFICIAL RECORDS IN SAID COUNTY. LYING SOUTHERLY OF BIG CANYON DRIVE AND HAVING THE FOLLOWING TWO COURSES, SOUTH 05 °15'20" WEST, 299.93 FEET AND SOUTH 50 °37'09" WEST, 15.00 FEET. i. 1914 12 -31 -01 ALDEN & SSOCIATES Civil Engineers — Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614 -6236 949 - 660 -0110 Fax: 949-660-0418 FSIMT 1-QC EXHIBIT "A" LEGAL DESCRIPTION W.O. No. 1140- 369 -001 Date: 04/04/2006 Engr.B.JW. Chk'd. J.W. Sheet 1 of 1 EXHIBIT "B" o N �O' Cp w J Q U N Gi i DRIVE LOT p TRACT rr =- ` 00 1 3 35A 11j- G� / II b 36'� pi N G� 111 `n o III c N S 50'37'09" W 37 15.00' 1 N m PORTION 10' SEWER EASEMENT "PARCEL 1" PER BK, 9631, PG, 492, O.R. TO BE QUITCLAIMED o < � 1%No. 7914 Exp. 12 -31 -07 W7LDEN & SSOCIATES CIVILENGINEERS - LANDSURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 ESMT I EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION W. 0. No. 1140 - 369 -001 Dote 04/03/06 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2 Exhibit F to Letter Agreement OCSD Quitclaim OCSD Quitclaim Deed and Termination of Easement will be distributed at the Council Meeting Attachment 5 to Council Report Amendment No. 1 to Professional Services Agreement with Walden & Associates AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. FOR THE BIG CANYON SEWER REPLACEMENT PROJECT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and SOCAL WALDEN, INC., a California Corporation whose address is 2552 White Road, Suite B, Irvine, CA, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 14, 2005, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', design and construction support services for the Big Canyon Trunk Sewer Replacement Project, hereinafter referred to as "Project'. This Agreement is scheduled to expire on the 31St day of July, 2006. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to the 30th day of June, 2007. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No.1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated April 12, 2006, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Eighty -Nine Thousand, One Hundred Fifty and 00/100 Dollars ($89,150.00). 3. The term of the Agreement shall be extended to June 30, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach SOCAL WALDEN, INC.: David L. Bacon President David W. Couch Chief Financial Officer Attachments: Exhibit A — Extra Work Authorization Request Dated April 12, 2006 f. \users \pbw \shared \agreements \fy 04- 054alden -bccc sewer- amend -1.doc A'Ak Exhibit A EXTRA WORK AUTHORIZATION REQUEST TO: Mike Sinacori COMPANY: City of Newport Beach PROJECT: BCCC — OCSD Trunk Sewer Improvement Plan CLIENT CONTRACT NO: 3562 FROM: Dave Bacon DATE: April 12, 2006 C.O. # 1 W/A JOB NO. 1140 - 369 -001 DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER: ADDITIONAL OCSD WORK 1. Ingress/Egress Improvements off of Big Canyon Drive: Design and prepare improvement plan, cost estimate, and specifications for a grass road paver system for maintenance to OCSD manhole and station 68 + 77.37. Fee: . $ 5,090 2. Alternate 15 -inch alignment at Pond Fill: Design and prepare improvement plan, cost estimate, and specifications for an alternate alignment in case the Big Canyon Country Club Pond Fill Project did not go through. Fee: . $ 7,495 3. Traffic Control Plans Prepare through our subconsultant Traffic Control Plans for two alternatives for construction of the 8 -inch sewer along Big Canyon Drive for the BCCC — OCSD Trunk Sewer Improvements. One alternative represents utilization of flagging to allow through traffic during construction and the second alternative represents complete closure of the work area. Fee: $ 5,865 4. Additional Work Required Due to Timing of Returned Plan Check Comments: Revise plans due to plan check comments submitted after plans were signed and sent out to bid. Fee: ............................................................................................................ $ 5,280 5. Additional Work Required for Vortex Structure at Station 14 +17.15: Prepare improvement plan for the Vortex Structure, including revisions due to late plan check comments submitted by OCSD. Fee: . $ 3,060 6. Additional Work Required for Big Canyon Country Club License Agreement and OCSD Agreement: Review and Inclusion of BCCC license agreement and OCSD agreement into project specifications and contract. Fee: ............................................................................................................ $ 3,060 7. Additional Work Required to Modify Easements: Modification to OCSD and CITY easements required for the new alignment of OCSD owned sewers to follow BCCC/ OCSD agreement format. Fee:............................................................................. ............................... $ 8,805 ADDITIONAL CITY WORK 1. Eighth Fairway: Extend aerial topo, provide supplemental field pick -up topo tree and slope locations for the design of the relocation of an 8 -inch City sewer line from top of slope to outside toe of slope area along the eighth fairway. Fee: ............................................................................................................ $ 7,550 2. Traffic Control Plans: Prepare through our subconsultant Traffic Control Plans for the Superior Avenue Trunk Sewer Improvements between Pacific Coast Highway and Hospital Road included in the 2005 — 2006 Various City Sewer Main Improvements, which was bid with the BCCC Trunk Sewer Replacement. Fee: Construction Phase Services: $ 3,795 Provide through our subconsultant, Concept Marine Associates, for additional Construction Phase Services for up to 4 hours per day for a maximum of 100 working days. Scope of work shall include, but not limited to coordination and construction activities with City, OCSD and Big Canyon Country Club, conducting weekly progress meeting, monitor the implementation of the projects BMP's, coordinate inspections and required sign - offs, coordinate final punch - list and document progress of project with photographs. A portion of these 400 hours has been accounted for in the Construction Phase Services allowance in the original contract. Fee: .................................. ......................................................................... $ 39,150 AMOUNT REQUESTED FOR THIS CHANGE ORDER $89,150 AUTHORIZED BY: Client Date Please sign when approved, enter Change Order Number and FAX or MAIL to: Walden & Associates Attn: Dave Bacon 2552 White Road, Suite B Irvine, CA 92614 FAX: (949) 660 -0418 mmc8 qs °oo CW � m K K a � � N V O E o cca 0 O) aJ o• U ti c j Attachment 6 to Council Report Professional Services Agreement with AESCO Technologies PROFESSIONAL SERVICES AGREEMENT WITH AESCO TECHNOLOGIES, INC. FOR GEOTECHNCAL SERVICES RELATED TO THE BIG CANYON TRUNK SEWER REPLACEMENT PROJECT THIS AGREEMENT is made and entered into as of this. day of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and AESCO TECHNOLOGIES, INC., a Louisiana corporation whose address is 17782 Georgetown Lane, Huntington Beach, California, 92647 ( "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, under a reimbursement agreement with the Orange County Sanitation District (OCSD), is planning to install a new 12- and 15 -inch VCP sewer pipe as part of the OCSD Big Canyon Trunk Sewer Replacement ( "Project "). C. City desires to engage Consultant to perform geotechnical and materials testing and inspection for the above referenced 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 Adam Chamaa, MSCE, P.E. 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: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, unless terminated 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 (10) 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 B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty Two Thousand, Three Hundred Ninety Dollars and no /100 ($42,390.00) without additional 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 reimbursable expenditures. City shall pay Consultant no 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 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. 2 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. 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 Adam Chamaa, MSCE, P.E., 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 furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael Sinacori, P.E., 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. 3 8. STANDARD OF CARE 8.1 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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 to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 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, attorney's 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 any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities 0 conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, 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 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's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on 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 prior to such change (10 day written notice for nonpayment of premium). 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. 0 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. 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 written notice has been received by City (10 day written notice for nonpayment of premium). F. 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. 15. 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 7 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. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the. prior written authorization 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 Consultant's 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. 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 CADD 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 AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with 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 City's latest adopted version of Microsoft Word and Excel. 1.1 19. 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 his /her 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 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 K resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under 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, to City by Consultant 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: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Adam Chamaa, MSCE, P.E. AESCO Technologies, Inc. 17782 Georgetown Lane Huntington Beach, CA 92647 Phone: 714- 375 -3830 Fax: 714 - 375 -3831 10 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, 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 term, covenant or condition contained herein, whether of the same or a different character. 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. 11 33. 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. 34. 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. 35. 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. 36. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp Assistant City Attorney ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach AESCO Technologies, Inc.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates AESCO TECHNOLOGIES INC March 22, 2006 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mr. Mike Sinacori, Principal Civil Engineer 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714) 375 -3830 Fax: (714) 375 -3831 Exhibit A Subject: Proposal for Geotechnical and Materials Testing and Inspection Services Big Canyon Trunk Sewer Replacement Newport Beach, California AESCO Proposal No. P1105 Dear Mr. Sinacori: AESCO Technologies, Inc. (AESCO) is pleased to submit this proposal to perform geotechnical and materials testing and inspection for the above - referenced project. AESCO CORPORATION PROFILE AESCO is a woman-owned corporation (incorporated in California) and has been in operation since 1993. AESCO is headquartered in Huntington Beach, California and we currently have over ten employees. AESCO is certified as a small business enterprise (SBE) by the Metropolitan Transportation Authority (MTA), the Metropolitan Water District and by the Office of Small Businesses and Disabled Veterans Business Enterprise Certification (OSDC) and is certified as a disadvantaged business enterprise (DBE) by the California Unified Certification Program. AESCO is also certified as a Community Business Enterprise (CBE) by the County of Los Angeles. AESCO's laboratory has been approved or certified by the Division of State Architect (DSA), California Department of Transportation (Caltrans) under certification #1002 and by the City of Los Angeles under certification #10191. AESCO is also a current member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. We have been retained as the geotechnical and construction material testinglinspection firm for multiple governmental agencies, schools districts and commercial projects; such as, Gold's Gym, BMW dealership, Cellular communications facilities; the City of Huntington Beach, the City of Los Angeles (Department of Water and Power), the City of Lakewood, the City of Riverside; the Metropolitan Transit Authority, CalTrans; the Alhambra School District, the Covina School District, the Long Beach Community College District, and others. Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO PROJECT DESCRIPTION No. I IUJ The project will consist of the installation of approximately 7,500 linear feet of new VCP sewer pipe. The new sewer will range from 8 inches to 15 inches in diameter. SCHEDULING AESCO will begin inspections and testing upon receipt of notification to proceed. Continuous inspection and testing will be performed during the grading/excavation operations. RELATED PROJECTS AND REFERENCES AESCO has performed numerous geotechnical investigations for various municipalities and school districts as well as commercial and private structures. AESCO will be happy to submit related projects and experience. COST DATA The cost estimate is provided in Exhibit B. Our schedule of charges for geotechnical engineering services and materials testing and inspection is included in Appendix D. Compensation for the investigation will be based upon actual work performed in accordance with the unit fees. If you have any questions, please do not hesitate to call. We look forward to hearing from you. We will proceed upon a verbal authorization. Very My yours, t�&YA -` eve z— Ni) E. Debra Perez Project Manager Construction Material Testing/Inspection ♦ Environmental 1 Geotechnical Engineering Services AESCO Proposal No. t 1U:) SCOPE OF WORK In general, the scope of work shall consist of performing construction and materials testing and inspection as needed and shall include the following: • Inspection of trench excavation including the excavation bottom and walls • Test import material for suitability as backfill • Inspection of bedding material • Perform testing and inspection during site grading (estimated at 4 hours per day) • Perform compaction testing on every other lift of backfill at intervals of every 50 to 100 lineal feet of sewer placed • Perform observation of methods and procedures used to place backfill for compliance with project specifications • Provide daily inspection reports to the City which have been reviewed, signed and stamped by the Soil Engineer. It is anticipated that the project will take approximately 88 days to complete. Construction Material Testing/Inspection 1 Environmental ♦ Geotechnical Engineering Services AESCO Technologies, Inc 17752 Cx orgelown Lane Harlington Beach, Califomia 92647 (714)3753830 (714)3753831 EXHIBIT B Proposal for Geotechnical and Materials Testing and Inspection Services Big Canyon Trunk Sewer Replacement City of Newport Beach Newport Beach, CA AESCO Proposal No. P1105 SERVICE DESCRIPTIONS UNIT COST ESTIMATED UNITS ESTIMATED COST GEOTECHNICAL ENGINEERING DIVISION SCHEDULE OF PROFESSIONAL SERVICES AND FEES EtiGINEERING SERVICES: Senior Geolcchnical Engineer $135.00 20 52,700.00 Project Manager. Per hr 5125.00 IS $1,875.00 Staff Engineer 575.00 Associate of Engineer Technician $60.00 Word Processing $45.00 LABORATORY ANALYSIS: Direct Shear Tests, per test 595.00 Allert,erg Limit Detamrinalions(liquid and plastic), per test 565.00 Unit eight in undisturbed samples, includirn moislule content, per test $30.00 Moisture Content, Per test $5.00 Sieve Analysis with graph, per test 585.00 Hydrometer Analysis, per test $135.00 Finer than 200M Sieve, pet test 535.00 Modified Proctor, per tes) 5165.00 6 5990.00 Expansion Index, per test 595.00 2 slwoo orrosivi Evaluation , Sulfate, Chloride $80.00 FIELD TESTING AND INSPECTION: Sail Inspector $70.00 352 $24,640.00 Concrete Inspector $75.00 25 $1,875.00 Staff Engineer $75.00 Nuclear Density Gauge, pet day $70.00 88 $6,160.00 Vehicle, per day $45.00 88 $3,960.00 Notes: • Direct,,nm,es incurred in connection wehproject will be Invoiced at cost plus 20 percent for handling. • Personnel Site visit will becharged at a minimum of4 hours per trip. • The estimamd costs herein or appmximam and compensation for the investigation will be based upon the actual work and tests performed in accodancewith the unit fees. We will nos exceed the above total cost estimate without. prim-approval. SPECIAL INSPECTION TOTAL ESTIMATED COST — 542,390.00 AESCO No. I IU3 STANDARD SCHEDULE OF FEES Exhibit B HOURLY CHARGES FOR PERSONNEL Senior Engineer $125/hr Senior Staff Engineer/Geologist/Environmental Scientist $95/hr Nondestructive Examination Technician, UT, MT, LP $75/hr ACI Concrete Technician $75/hr Concrete/Asphalt Batch Plant Inspector $75/hr Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing) $75/hr Torque & Bolt Inspector $75/hr DSA Masonry Inspector $90/hr Field/Laboratory Technician $70/hr Data Processing, Technical Editing, or Reproduction $45/hr MATERIALS TESTING /LABORATORY CHARGES Monitoring Compaction $75/hr Compaction Tests $151ea Review Concrete Mix Design b Others $1501ea Concrete Cylinder Compression Test $181ea Concrete Cylinder Held in Reserve, Curing $18/ea Cube Prism Compression $25/ea Linear or Volumetric Shrinkage $70/test Organic Content $45/test Moisture Density Relationship $165ltest LABORATORY TEST CHARGES Atterber Limits Percent Passing No. 200 Unconfined Compression "te Remolding of Slickensided Clays Consolidation Test Without Rebound Consolidation Test With Rebound $285/test Direct Shear Test $95/ point Linear or Volumetric Shrinkage $70/test Unit Weight including Moisture Content $30/test Moisture Content $5/test Hydrometer Analysis $135ltest Sieve Analysis $85/test Specific Gravity $60/test Organic Content $45ltest Standard Proctor $165ltest Modified Proctor $165/test Ex anion Index S95/test R Value $265/test Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO FIELD ANALYSIS No. 110 Soil Borin Drilled with Hollow Stem Auger Drill Rig $180/hour Backfill Boreholes with Bentonite $101bag Drumming and Disposal of Cuttings $250 /drum OTHER CHARGES Expert Witness Testimony. $90/hr PID/FID Usage $65 /day Coring Machine Usage (includes technician ) $125/hr. Anchor load test equipment (includes technician) $95/hr Hand Auger Equipment $125 /day Inclinometer Usage $35 /hr Vapor Emission Kits $90 /kit Level D Personal Protective Equipment (per person per day) $40 /p /d Rebar Locator (Pachometer) $10/hr Nuclear Density Gauge Usage $10/hr Field Vehicle Usa a $45 /day Clerical $45/hr Direct Project Expenses Cost plus 15% NOTES • All tests not listed can be performed at either a quoted price or on an hourly basis. • Engineering consultation and evaluation in connection with any laboratory testing service will be charged at the rates listed above. • All labor rates are charged on actual hours worked. Minimum of four hours will be charged per service call. • Minimum of four hours will be charged for drill rig. • In the event that weather, contractor delays, access authorization issues, or field conditions prevent testing, inspection or the geotechnical investigation from proceeding once AESCO is present on the site, an additional mobilization fee of $350 will be charged along with any charges incurred by the drillers or other subcontractors present at the site. • Overtime rates at (identify 1.5) times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays and Holidays. Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services City of Newport Beach BUDGET AMENDMENT 2005-06 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: X 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: NO. BA- 06BA -064 AMOUNT: Sa,00a,675 �X Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate new funds and transfer various existing appropriations related to the Big Canyon Trunk Sewer replacement and increase revenue estimates for the OCSD reimbursement. See account detail below. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 $19,000 ' $140,525 530 3605 $150,000 ' REVENUE ESTIMATES (3601) Fund /Division Accoun Description 250 4839 OCSD - Construction Reimbursement $3,382,675 5100 5132 OCSD -Admin Reimb, Const. Contract $135,307 5100 5132 OCSD -Admin Reimb, Design. Contract $5,218 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Fund Account Number C5600292 Sewer Main Master Plan CIP $3,382,675 Division Number 7531 Wastewater Fund Account Number C5600861 Buck Gully Sewer Main Realignment $378,000 Division Number 7531 Wastewater Fund Account Number C5600862 CDM Main Sewer Relocation $75,000 Division Number 7531 Wastewater Fund Account Number C5600292 Sewer Main Master Plan CIP $603,000 Division Number 7012 General Fund Account Number C5100008 Storm Drain Improvement Program $19,000 Automafic System Enfy.. G Signed: Financi I Approval/: AdministratvServices Director Date / Signed: �7.✓`eApp �(O Administrative App val: City Manager D Signed: City Council Approval: City Clerk Date