HomeMy WebLinkAboutC-3610(A) - Mutual Cooperation and Cost-Sharing Agreement Regarding Preliminary Investigation of the Newport Terrace Landfill Site0 C 3(, o (.� )
MUTUAL COOPERATION AND COST - SHARING
AGREEMENT REGARDING PRELIMINARY INVESTIGATION OF THE NEWPORT
TERRACE LANDFILL SITE
Thi mutual cooperation and cost - sharing agreement (the "Agreement ") is entered
into as of this y of March, 2003 by and between the City of Newport Beach ("City") a
California Charter City, and the Newport Condominium Association ( "Association "), a
California Non -Profit Corporation, collectively, the "Parties."
RECITALS
A. On June 20, 2002, the Orange County Health Care Agency ( "OCHCA')
issued a Corrective Action Order ( "CAO ") to the Association with regard to the Newport
Condominium Landfill (the "Site "). A response to this order was due, after negotiation between
the Association and the OCHCA, by December 20, 2002.
B. The Association has requested that the City participate in the response to
the CAO, and in the investigation and remediation of the Site.
C. On December 20, 2002, the Parties jointly issued a response to the CAO.
As a part of this response, the Parties proposed a preliminary investigation of the Site. The
purpose of the investigation would be to perform a due diligence investigation to determine the
integrity and operational status of an existing landfill gas collection and control system, and to
determine whether methane gas generated by the Site can be controlled by the existing system,
hereinafter referred to as the "investigation."
D. On February 5, 2003, the OCHCA sent a letter to the Association,
requesting certain further investigation and other action. The OCHCA has granted the
Association an extension until April 4, 2003 to submit a Site Investigation Work Plan.
E. On February 27, 2003, at the request of the City, SCS Engineers ( "SCS ")
submitted a proposal for investigation of the Site in general accordance with the desires of the
Parties.
F. Now, therefore, the Parties wish to jointly fund an appropriate preliminary
investigation of the Site by SCS and/or other consultants as necessary to begin to satisfy the
requests and requirements of the OCHCA.
TERMS AND CONDITIONS
Therefore, the Parties agree as follows:
1. Purpose. The Parties enter into this Agreement for the purpose of
jointly funding and cooperatively overseeing the investigation by SCS and/or other consultants.
The Parties contemplate that such endeavors will include joint oversight of SCS, review by the
OCHCA, and conference calls and meetings as may be required. Either or both parties may be
represented from time to time in such activities by counsel.
• r
2. Cost Sharing. The Parties agree to share equally all costs, fees, and
expenses charged by SCS, its subcontractors, suppliers and vendors in connection with the
investigation contemplated in this Agreement. Such agreement is subject to the following
limitations:
(a) Scope of Work. The investigation conducted by SCS shall be
consistent with the "Revised Proposal For Services - Investigation and Assessment of the Landfill
Gas Protection System, Newport Terrace Condominiums" issued by SCS dated February 27,
2003, and attached as Exhibit A to this Agreement ( "Proposal" or "Project'). Additional work
by SCS and/or other consultants may be authorized only by written change order and joint
written approval of both Parties.
(b) Cost Limitation. In no event shall the cost of all work by SCS, its
subcontractors, suppliers, and vendors under this Agreement, including fees, expenses, and costs
of any kind, exceed a total of EIGHTY -FOUR THOUSAND DOLLARS ($84,000). The City
agrees to be solely responsible for any costs that exceed EIGHTY THOUSAND DOLLARS
($80,000), up to an additional FOUR THOUSAND DOLLARS ($4,000). No costs beyond a
total of EIGHTY -FOUR THOUSAND ($84,000) shall be authorized by this Agreement, absent
written amendment to the Agreement.
(c) Attorneys' Fees. Each Party shall bear its own attorneys' fees and
expenses, and nothing in this Agreement shall be construed as an agreement to share any such
fees and expenses.
(d) Association Consultant. Parties acknowledge that the Association
has previously retained a consultant, known as Bryan A. Stirrat & Associates ( "BAS "), to advise
the Association with regard to the Site. Absent further authorization pursuant to paragraph 2(a)
of this Agreement, the Parties agree that costs, fees, and expenses of BAS shall not be subject to
cost sharing under this agreement, and the City shall not be responsible for any such costs, fees,
or expenses.
3. Payment of Consultants. Within 30 days of execution of this Agreement,
the City shall deposit FORTY -FOUR THOUSAND DOLLARS ($44,000), and the Association
shall issue a check in the sum of FORTY THOUSAND DOLLARS ($40,000), made payable to
"City of Newport Beach," both amounts to be deposited into a trust and agency account
maintained by the City (the "Trust Account "), under circumstances as agreed upon by counsel
for the Parties, and in accordance with relevant law regarding such accounts.
The City shall be authorized to make withdrawals from the Trust Account,
without further approval or agreement by the Association, except as set forth below in Paragraph
3 (a) for purposes of execution of this paragraph. The City shall retain SCS pursuant to this
Agreement.
The Parties acknowledge that the Trust Account may be a non - interest bearing
account.
(a) The City shall send copies of any invoices for fees, expenses, and costs
from SCS to the primary person listed on behalf of the Association in Paragraph 12, below,
within thirty (30) days of receipt. Association shall have fourteen (14) days to review each SCS
invoice. Should Association seek adjustment or recommend only partial payment of any SCS
invoice Association shall notify City of each such adjustment within fourteen (14) days of
receipt. Should Association fail to notify City of an adjustment or approval of an SCS invoice
within fourteen (14) days of receipt then the Association shall waive its right of approval and
City may immediately pay SCS. One -half of such Consultant's invoices shall be paid from the
Trust Account established pursuant to this paragraph, in compliance with the terms of the
Professional Services Agreement between SCS and the City.
(b) The costs of the Trust Account, if any, shall be borne solely by the City.
4. Accounting. City shall be solely responsible for maintaining records of
all contracts, change orders, invoices, invoice payments, invoice adjustments and all other
reasonable and customary bookkeeping activities related to the Project. City shall provide to the
Association copies of any and all reports by SCS, including updates regarding costs expended by
SCS.
5. Reimbursement. The Parties hereby acknowledge that the Association's
funds payment is a one -time contribution towards a total sum that is difficult at this time to
estimate. Further, the Parties acknowledge that circumstances may arise where SCS does not
elect to perform the entire scope of work contracted for in Exhibit A. In the event SCS for
whatever reason does not perform the entire scope of work contracted for in Exhibit A then City
shall reimburse Association its proportionate one -half ( %:) share of the unused total funds in the
Trust Account. Any such reimbursement shall take place within 7 days of the completion of
payment of all invoices by SCS and the completion of payment of any other costs incurred
pursuant to this Agreement.
6. Recoupment. The Parties hereby acknowledge and agree that there exist
certain unresolved claims between them. The Parties acknowledge and agree that should their
unresolved claims be the subject of a legal action or proceeding of any type at any fixture time,
each Party hereby expressly reserves the right to seek in recoupment any and all sums paid for
the Proposal and/or Project.
7. Sharing Of Information And Work Product.
(a) The Parties shall share all the results of the investigation by SCS,
including, without limitation, all test data, photographs, video tapes, inspection reports, meeting
notes, correspondence, draft or final reports, and similar documents. Upon receipt by the
Association of the draft report by SCS of its findings, conclusions and recommendations to the
Parties as set forth in Task 4 of the Proposal (Exhibit A), the Association shall have fifteen (15)
days to make any written comments, and proposed insertions or deletions. Should the Parties fail
to agree upon the language of SCS' final report, then the Association expressly reserves, and
nothing in this Agreement shall be deemed a waiver of, the Association's right to submit a
separate report containing its findings, conclusions and recommendations.
(b) The Association shall also share with the City all the results of any
investigation performed by BAS (or any other consultants retained by the Association regarding
landfill/methane gas) at the Site, or observation of SCS' or other consultants' activities by BAS,
including, without limitation, all test data, photographs, video tapes, inspection reports, meeting
notes, correspondence, draft or final reports, and similar documents that are related to the
investigation contemplated by this Agreement. The Association shall also instruct BAS to
provide any such information that is currently available to BAS that bears on the systems
operations and structures at the Site, and shall instruct BAS to cooperate in good faith with SCS
during SCS's investigation of the Site.
(c) This entire Paragraph 7 expressly excludes any documents, of any type,
produced by or for counsel for either Party, transmitted to a Party, and deemed by California law
to be either attomey - client privileged communications or attorney work product ( "Protected
Documents "). The Parties agree that this Agreement does not require the sharing of any such
Protected Documents.
8. Confidentialitv. The Parties agree that, to the extent authorized by law,
and except as set forth below, all information exchanged pursuant to this Agreement and relating
to the investigations conducted hereto, whether exchanged before or after execution of this
Agreement, shall be held in strict confidence by the respective Parties, and shall not be disclosed
by any Party to any other person without prior written consent from the other Party. All
information in written or document form that the Parties intend to be kept confidential shall be
marked "Confidential." If such information becomes the subject of judicial order, administrative
order or subpoena requiring disclosure of such information by one of the Parties, such Party may
satisfy its confidentiality obligations hereunder by notifying the Party that generated the
information and by giving it an opportunity to protect the confidentiality of the information.
The final report produced by SCS with regard to the investigation of the Site, as
proposed in Exhibit A, shall not be confidential information under this Paragraph or this
Agreement.
The Parties acknowledge that the Association is legally obligated to make
periodic reports and disclosures to its members, and that the City is legally obligated to disclose
non - exempt public records upon request pursuant to Government Code § 6250 et seq.
Accordingly, nothing in this Agreement shall be deemed to restrict the Parties from making
reports or disclosures of information necessary to meet their respective obligations. The
Association shall not include any copy of any report or other document of any sort developed by
SCS marked "Confidential" without the approval of the City.
9. Attornev- Client Privilege and Attorney Work Product. All information
disclosed by counsel to either Party pursuant to this Agreement is subject to the attorney - client
privilege and work product doctrine. Exchange of such information, whether exchanged before
or after the execution of this Agreement, is not and has not been intended to waive any attorney -
client or attorney work product privilege otherwise available.
10. Withdrawal. Except as expressly provided in this paragraph, each Party
retains the right to withdraw at any time from this Agreement.
Withdrawal shall be deemed effective when a Party provides written notice of
withdrawal to counsel for the other Party. Withdrawal by either Party shall not relieve that
Withdrawing Party from responsibility for paying for their proportionate one -half ( %z) share of
Project expenses to the date of issuance of notice of withdrawal. Withdrawal of a Party shall
nonetheless obligate the Party to participate in all costs of SCS' wind down. Should the City
withdraw from this Agreement, it shall cause SCS to prepare an appropriate report with regard to
the status of the SCS investigation at the time of withdrawal.
In the case that the City withdraws from this Agreement, the City shall reimburse
the Association its one -half ('/8) share, within 7 days from the date of notice of such withdrawal,
of the costs of any tasks that have not yet been commenced as of the date of that notice.
Withdrawal by any Party shall terminate all cost - sharing rights and obligations
under Paragraph 2 above and all information sharing rights and obligations under Paragraph 7
above, but shall not relieve any Party of its obligations to preserve the confidentiality of
information as provided in Paragraph 8 above.
The Parties acknowledge that the SCS investigation is designed to take place in
phases, and that the Parties may jointly instruct SCS to terminate such investigation at any Phase
of the investigation. Absent express written notification to the contrary, such termination of the
investigation shall not be considered withdrawal from this Agreement, and all terms and
conditions of this Agreement shall remain in effect.
11. Right of Entrv. The Parties acknowledge that SCS' investigation, as
contemplated in Exhibit A, shall require the entry of SCS onto the Association's property. The
Association agrees to negotiate with the City, in good faith, a license agreement that allows such
entry onto the Associations' property, in order to effectuate the goals of this Agreement.
12. Notice. All notices under this Agreement shall be in writing, delivered by
facsimile (with receipt confirmed), registered or certified mail (postage pre -paid, return receipt
requested) or sent by a nationally recognized courier service to the other Party. Notices shall be
addressed to the Parties as set forth below.
City:
Association:
With copy to:
James J. Dragna
Bingham McCutchen LLP
355 South Grand Avenue, Suite 4400
Los Angeles, CA 90071
Fax: (213) 680-6499
Thomas Bois
Bois & Macdonald
2030 Main Street, Suite 520
Irvine, CA 92614
Fax: (949) 660-0022
Richard S. Fiore, Esq.
Fiore, Racobs & Powers
• •
38 Technology Drive, Suite 250
Irvine, CA 92618
Fax: (949) 727-3311
13. Headings. The headings and titles used in this Agreement are for
convenience only, are not themselves terms, and have no effect on the meaning or interpretation
of any of the terms herein.
14. Governing Law and Venue. This Agreement shall be governed by and
construed and enforced in accordance with the laws of California without regard to principles of
conflicts of laws, and the Parties agree that the exclusive venue for an action under this
Agreement shall be any court of competent jurisdiction located in Orange County.
15. Attorneys' Fees. If any legal action or other proceeding is commenced to
enforce or interpret any provision of this Agreement, the prevailing party in such proceeding
shall be entitled to an award of its actual expenses including, without limitation, expert witness
fees and reasonable attorneys' and other professional fees and disbursements. (The phrase
"prevailing party" shall include a parry who receives substantially the relief sought by that party,
whether by settlement, dismissal, summary judgment, judgment or otherwise.)
16. Severability. If any term or provision in this Agreement is determined to
be illegal or unenforceable, all other terms and provisions in the Agreement shall remain
effective and shall be enforced to the full extent permitted by law.
17. Jointly Drafted. The Parties agree that this Agreement was jointly drafted,
and no inference or rule of construction shall be applied based on the assumption that either of
the Parties drafted any provision in the Agreement. Each Party hereby waives the doctrine of
contra proferentum as it may otherwise apply to the interpretation of the Agreement.
18. No Admission of Liabilitv. Nothing in this Agreement, in whole or in
part, is intended by the Parties to be an admission or indication of.liability of any type
whatsoever, nor may this Agreement, in whole or in part, be construed as an admission or
indication of such liability.
19. Authority. The undersigned individuals represent that they are authorized
to execute the Agreement on behalf of the respective Party.
CITY OF NEWPORT BEACH, a California Charter
City
DATED: By:
Its:
NEWPORT CONDOMINIUM ASSOCIATION, a
California Non -Profit Corporation
DATED: 3��5%d� By: !/
Its:
By:
Its:
7
•
Via Facsimile & U.S. Mail
Bois
MACDONALD
ATTORNEYS AT LAW
DOCUMENT TRANSMITTAL
Robin L. Clauson, Esq
Assistant City Attorney
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
April 10, 2003
David K. Bowles, Esq.
Bingham McCutcheon LLP
355 S Grand Ave #4400
Los Angeles, CA 90071 3106
Y
APR 16 2003
In re: Newport Terrace Landfill
Location: 19' Street and Sundance Dr., Costa Mesa, CA
APN No.: 422 - 011 -04 & 05
SWIS #: 30 -AB -0168
B &M File: 114 -10035
Dear Ms. Clauson and Mr. Bowles:
We write on behalf of the Newport Condominium Association ( "Association ") to
formally confirm the action taken by Association's Board of Directors at its March 25, 2003
meeting. At that time the Association's Board approved a resolution to authorize the joint
funding of the methane gas collection system investigation proposed by SCS Engineers ( "SCS'
to the City of Newport Beach on February 27, 2003.
Accordingly, please find attached the Association's original wet ink signatures to the
following document:
• MUTUAL COOPERATION AND COST - SHARING AGREEMENT REGARDING
PRELIMINARYINVESTIGATION OF THE NEWPORT TERRACE LANDFILL SITE.
We understand that the City of Newport Beach ( "City") City Council met that same date
and also approved a similar resolution. Please provide this office with a copy of the City's
signatures to both this document and the related Professional Services Agreement between the
City and SCS so that we may have fully executed copies. The City may be custodian of all the
original signatures.
2030 AWN STET. Sung 520, k mE, CA mmu 98614
Ts"vuoNg 949-6604011 FACBMLE 949-660 -OM
pMW.BO�BAlOC.0001
Ms. Robin Clauson
Mr. David Bowles
In re: Newport Terrace Landfill
April 10, 2003
Page 2
Please rest assured we will keep your offices appraised of any significant developments.
As always should you have any problems or questions arise please feel free to call this office.
Very truly yours,
BOIS & MACDONALD
By: / *
Thomas J. Bois
TJB:cg
cc: Ms. Caroline Bennett Ouellet/Villageway Management
Richard Fiore, Esq./FR &P
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
March 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director
(949) 644 -3055 email dniederhaus @city.newport- beach.ca.us
Office of the City Attorney
Robin Clauson, Assistant City Attorney
(949) 644 -3131 email: rclauson @city.newport- beach.ca.us
SUBJECT: Newport Terrace Landfill Gas Issue
ISSUE:
City participation in the investigation and assessment of the operation and integrity of the
Landfill Gas Protection System at the Newport Terrace Condominium site.
RECOMMENDATIONS:
1. Approve the attached Cooperation and Cost Sharing Agreement for the preliminary
investigation of the Newport Terrace Landfill site.
2. Approve the attached budget amendment for $75,595 for the City's share of the
system investigation, and future legal assistance and landfill engineering
expertise, related to the Newport Terrace Landfill site.
3. Approve the attached Professional Services Agreement with SCS Engineering and
the City of Newport Beach.
DISCUSSION:
Background:
The Newport Terrace Condominium Development is located on a 41 -acre property that was
alternately used as a sand and gravel pit and a City landfill from 1953 to 1967. The property
is within the City boundaries bordered by 19'" Street and the Talbert Marsh, (see attached
map). In the early 1970s Leadership Housing Systems (LHS) processed entitlements to build
280 condominiums over and around portions of the landfill. As a condition to the
Newport Terrace Landfill Gas Issue
March 25, 2003
Page 2
development approval, LHS was required to comply with California Water Quality Control
Board requirements to control and monitor methane gas produced by the closed City landfill.
During the 1970s, LHS installed a landfill gas migration control and monitoring system
( "System ") to mitigate subsurface migration of gas from the landfill. The System was turned
over to the Newport Terrace Homeowners Association ( NTHOA) to operate and maintain. In
the past ten years, the NTHOA has received numerous notices from the Orange County
Health Care Agency, the Local Enforcement Agency (LEA) of the California Integrated Waste
Management Board (CIWMB) regarding methane levels at the site. In 2000, the CIWMB
commenced an extensive investigation of the site and produced a lengthy report. The report
found no immediate health hazards inside the condominiums, but made recommendations to
improve the System to better handle the methane levels produced at the site.
As a result, in June 2002 the LEA issued a Mandatory Remediation Order (Order) to the
NTHOA. In July 2002, by a separate letter, the CIWMB notified the City of the Order and
informed the City that if the NTHOA failed to take corrective action, the City would be liable
for the cost of the corrective action as the prior owner /operator of the landfill. City staff met
with NTHOA Board members, management representatives, lawyers and landfill gas
engineers in September 2002 to sort out a response to the Order. There was general
agreement that the first step in the process was to determine a plan of action to address the
CIWMB report, evaluate the existing system, determine funding sources, and to identify a
reasonable course of action to correct any deficiencies to the satisfaction of the CIWMB staff.
The City Attorney's Office, with the assistance of outside specialized legal counsel,
commenced negotiations with the attorney for the NTHOA seeking a cooperative
agreement to fund a due diligence investigation into the integrity and operational status of
the existing system (Investigation). As a result the City and NTHOA Board has agreed to
jointly fund the cost of the Investigation and consider the results before any
recommendations to repair, expand or replace the system are made.
The Assistant City Attorney enlisted the assistance of SCS Engineers, Inc. of Long Beach
to advise as to the status and condition of the system. SCS has reviewed the site,
conferred with the NTHOA contractor that has operated the system, and developed a
proposal to investigate the integrity of the system. The estimated cost of the Investigation
is $80,000. However the Investigation is planned to occur in two phases to minimize costs
depending upon the outcome of the first phase. The attached Cooperative Agreement
proposes NTHOA and the City equally cost share the Investigation for an amount not to
exceed $80,000, plus a $4,000 contingency provided by the City.
Preliminary engineering and legal costs related to the City's prior ownership of the landfill
has so far been funded in part from the City's Environmental Liability Fund (ELF) that was
established to fund contingencies such as the NTC landfill and from the professional
services budget of the City Attorney. Further costs such as site studies, engineering
proposals, legal assistance, and future consultations have been estimated in the attached
Z
Newport Terrace Landfill Gas Issue
March 25, 2003
Page 3
budget amendment and will also be funded from the ELF. Also included in the amendment
is the City's share of the Investigation.
Based on the findings of the Investigation, which is estimated to take three to six months,
the City will consult with the NTHOA and LEA on the final remediation details.
Environmental Review:
The engineering services to be provided under the Professional Services Agreement with
SCS Engineers to conduct a preliminary investigation have been reviewed and determined
to be Categorically Exempt under CEQA Administrative Guidelines Sections 15309,
Inspections and 15305, Information Collection,
Funding Availability:
The requested funds are not available in the current budget, and therefore a budget
amendment is needed to transfer money from the ELF fund. However, the past and
anticipated expenses related to the Landfill Gas Extraction System are directly related to
the purposes of the ELF that was established under the City Franchise Agreements for
Solid Waste Services in the City.
Prepared by:
David E. Niederhaus,
General Services Director
Submitted by:
r
Robin Clauson,
Assistant City Attorney
Attachments: (A) Cost Sharing Agreement
(B) Budget Amendment
(C) Professional Services Agreement
(D) Map of the Newport Terrace area
Attachment A
MUTUAL COOPERATION AND COST - SHARING
AGREEMENT REGARDING PRELIMINARY INVESTIGATION OF THE NEWPORT
TERRACE LANDFILL SITE
This mutual cooperation and cost - sharing agreement (the "Agreement') is entered
into as of this _ day of March, 2003 by and between the City of Newport Beach ( "City ") a
California Charter City, and the Newport Condominium Association ( "Association "), a
California Non - Profit Corporation, collectively, the "Parties."
RECITALS
A. On June 20, 2002, the Orange County Health Care Agency ( "OCHCA ")
issued a Corrective Action Order ( "CAO ") to the Association with regard to the Newport
Condominium Landfill (the "Site "). A response to this order was due, after negotiation between
the Association and the OCHCA, by December 20, 2002.
B. The Association has requested that the City participate in the response to
the CAO, and in the investigation and remediation of the Site.
C. On December 20, 2002, the Parties jointly issued a response to the CAO.
As a part of this response, the Parties proposed a preliminary investigation of the Site. The
purpose of the investigation would be to perform a due diligence investigation to determine the
integrity and operational status of an existing landfill gas collection and control system, and to
determine whether methane gas generated by the Site can be controlled by the existing system,
hereinafter referred to as the "investigation."
D. On February 5, 2003, the OCHCA sent a letter to the Association,
requesting certain further investigation and other action. The OCHCA has granted the
Association an extension until April 4, 2003 to submit a Site Investigation Work Plan.
E. On February 27, 2003, at the request of the City, SCS Engineers ( "SCS ")
submitted a proposal for investigation of the Site in general accordance with the desires of the
Parties.
F. Now, therefore, the Parties wish to jointly fund an appropriate preliminary
investigation of the Site by SCS and/or other consultants as necessary to begin to satisfy the
requests and requirements of the OCHCA.
TERMS AND CONDITIONS
Therefore, the Parties agree as follows:
1. Purpose. The Parties enter into this Agreement for the purpose of
jointly funding and cooperatively overseeing the investigation by SCS and /or other consultants.
The Parties contemplate that such endeavors will include joint oversight of SCS, review by the
OCHCA, and conference calls and meetings as may be required. Either or both parties may be
represented from time to time in such activities by counsel.
L'
2. Cost Sharing. The Parties agree to share equally all costs, fees, and
expenses charged by SCS, its subcontractors, suppliers and vendors in connection with the
investigation contemplated in this Agreement. Such agreement is subject to the following
limitations:
(a) Scope of Work. The investigation conducted by SCS shall be
consistent with the "Revised Proposal For Services - Investigation and Assessment of the Landfill
Gas Protection System, Newport Terrace Condominiums" issued by SCS dated February 27,
2003, and attached as Exhibit A to this Agreement ( "Proposal" or "Project "). Additional work
by SCS and/or other consultants may be authorized only by written change order and joint
written approval of both Parties.
(b) Cost Limitation. In no event shall the cost of all work by SCS, its
subcontractors, suppliers, and vendors under this Agreement, including fees, expenses, and costs
of any kind, exceed a total of EIGHTY -FOUR THOUSAND DOLLARS ($84,000). The City
agrees to be solely responsible for any costs that exceed EIGHTY THOUSAND DOLLARS
($80,000), up to an additional FOUR THOUSAND DOLLARS ($4,000). No costs beyond a
total of EIGHTY -FOUR THOUSAND ($84,000) shall be authorized by this Agreement, absent
written amendment to the Agreement.
(c) Attorneys' Fees. Each Party shall bear its own attorneys' fees and
expenses, and nothing in this Agreement shall be construed as an agreement to share any such
fees and expenses.
(d) Association Consultant. Parties acknowledge that the Association
has previously retained a consultant, known as Bryan A. Stirrat & Associates ( "BAS "), to advise
the Association with regard to the Site. Absent further authorization pursuant to paragraph 2(a)
of this Agreement, the Parties agree that costs, fees, and expenses of BAS shall not be subject to
cost sharing under this agreement, and the City shall not be responsible for any such costs, fees,
or expenses.
3. Payment of Consultants. Within 30 days of execution of this Agreement,
the City shall deposit FORTY -FOUR THOUSAND DOLLARS ($44,000), and the Association
shall issue a check in the sum of FORTY THOUSAND DOLLARS ($40,000), made payable to
"City of Newport Beach," both amounts to be deposited into a trust and agency account
maintained by the City (the "Trust Account "), under circumstances as agreed upon by counsel
for the Parties, and in accordance with relevant law regarding such accounts.
The City shall be authorized to make withdrawals from the Trust Account,
without further approval or agreement by the Association, except as set forth below in Paragraph
3 (a) for purposes of execution of this paragraph. The City shall retain SCS pursuant to this
Agreement.
The Parties acknowledge that the Trust Account may be a non - interest bearing
account.
(a) The City shall send copies of any invoices for fees, expenses, and costs
from SCS to the primary person listed on behalf of the Association in Paragraph 12, below,
within thirty (30) days of receipt. Association shall have fourteen (14) days to review each SCS
invoice. Should Association seek adjustment or recommend only partial payment of any SCS
invoice Association shall notify City of each such adjustment within fourteen (14) days of
receipt. Should Association fail to notify City of an adjustment or approval of an SCS invoice
within fourteen (14) days of receipt then the Association shall waive its right of approval and
City may immediately pay SCS. One -half of such Consultant's invoices shall be paid from the
Trust Account established pursuant to this paragraph, in compliance with the terms of the
Professional Services Agreement between SCS and the City.
(b) The costs of the Trust Account, if any, shall be borne solely by the City.
4. Accounting. City shall be solely responsible for maintaining records of
all contracts, change orders, invoices, invoice payments, invoice adjustments and all other
reasonable and customary bookkeeping activities related to the Project. City shall provide to the
Association copies of any and all reports by SCS, including updates regarding costs expended by
SCS.
5. Reimbursement. The Parties hereby acknowledge that the Association's
funds payment is a one -time contribution towards a total sum that is difficult at this time to
estimate. Further, the Parties acknowledge that circumstances may arise where SCS does not
elect to perform the entire scope of work contracted for in Exhibit A. In the event SCS for
whatever reason does not perform the entire scope of work contracted for in Exhibit A then City
shall reimburse Association its proportionate one -half (%) share of the unused total funds in the
Trust Account. Any such reimbursement shall take place within 7 days of the completion of
payment of all invoices by SCS and the completion of payment of any other costs incurred
pursuant to this Agreement.
6. Recoupment. The Parties hereby acknowledge and agree that there exist
certain unresolved claims between them. The Parties acknowledge and agree that should their
unresolved claims be the subject of a legal action or proceeding of any type at any future time,
each Party hereby expressly reserves the right to seek in recoupment any and all sums paid for
the Proposal and/or Project.
Sharing Of Information And Work Product.
(a) The Parties shall share all the results of the investigation by SCS,
including, without limitation, all test data, photographs, video tapes, inspection reports, meeting
notes, correspondence, draft or final reports, and similar documents. Upon receipt by the
Association of the draft report by SCS of its findings, conclusions and recommendations to the
Parties as set forth in Task 4 of the Proposal (Exhibit A), the Association shall have fifteen (15)
days to make any written comments, and proposed insertions or deletions. Should the Parties fail
to agree upon the language of SCS' final report, then the Association expressly reserves, and
nothing in this Agreement shall be deemed a waiver of, the Association's right to submit a
separate report containing its findings, conclusions and recommendations.
(b) The Association shall also share with the City all the results of any
investigation performed by BAS (or any other consultants retained by the Association regarding
landfill /methane gas) at the Site, or observation of SCS' or other consultants' activities by BAS,
0
including, without limitation, all test data, photographs, video tapes, inspection reports, meeting
notes, correspondence, draft or final reports, and similar documents that are related to the
investigation contemplated by this Agreement. The Association shall also instruct BAS to
provide any such information that is currently available to BAS that bears on the systems
operations and structures at the Site, and shall instruct BAS to cooperate in good faith with SCS
during SCS's investigation of the Site.
(c) This entire Paragraph 7 expressly excludes any documents, of any type,
produced by or for counsel for either Party, transmitted to a Party, and deemed by California law
to be either attomey- client privileged communications or attorney work product ( "Protected
Documents "). The Parties agree that this Agreement does not require the sharing of any such
Protected Documents.
8. Confidentiality. The Parties agree that, to the extent authorized by law,
and except as set forth below, all information exchanged pursuant to this Agreement and relating
to the investigations conducted hereto, whether exchanged before or after execution of this
Agreement, shall be held in strict confidence by the respective Parties, and shall not be disclosed
by any Party to any other person without prior written consent from the other Party. All
information in written or document form that the Parties intend to be kept confidential shall be
marked "Confidential." If such information becomes the subject of judicial order, administrative
order or subpoena requiring disclosure of such information by one of the Parties, such Party may
satisfy its confidentiality obligations hereunder by notifying the Party that generated the
information and by giving it an opportunity to protect the confidentiality of the information.
The final report produced by SCS with regard to the investigation of the Site, as
proposed in Exhibit A, shall not be confidential information under this Paragraph or this
Agreement.
The Parties acknowledge that the Association is legally obligated to make
periodic reports and disclosures to its members, and that the City is legally obligated to disclose
non - exempt public records upon request pursuant to Government Code § 6250 et seq.
Accordingly, nothing in this Agreement shall be deemed to restrict the Parties from making
reports or disclosures of information necessary to meet their respective obligations. The
Association shall not include any copy of any report or other document of any sort developed by
SCS marked "Confidential" without the approval of the City.
9. Attomey- Client Privilege and Attorney Work Product. All information
disclosed by counsel to either Party pursuant to this Agreement is subject to the attomey- client
privilege and work product doctrine. Exchange of such information, whether exchanged before
or after the execution of this Agreement, is not and has not been intended to waive any attorney-
client or attorney work product privilege otherwise available.
10. Withdrawal. Except as expressly provided in this paragraph, each Party
retains the right to withdraw at any time from this Agreement.
Withdrawal shall be deemed effective when a Party provides written notice of
withdrawal to counsel for the other Party. Withdrawal by either Party shall not relieve that
Withdrawing Party from responsibility for paying for their proportionate one -half (' /z) share of
Project expenses to the date of issuance of notice of withdrawal. Withdrawal of a Party shall
nonetheless obligate the Party to participate in all costs of SCS' wind down. Should the City
withdraw from this Agreement, it shall cause SCS to prepare an appropriate report with regard to
the status of the SCS investigation at the time of withdrawal.
In the case that the City withdraws from this Agreement, the City shall reimburse
the Association its one -half ( %z) share, within 7 days from the date of notice of such withdrawal,
of the costs of any tasks that have not yet been commenced as of the date of that notice.
Withdrawal by any Party shall terminate all cost - sharing rights and obligations
under Paragraph 2 above and all information sharing rights and obligations under Paragraph 7
above, but shall not relieve any Party of its obligations to preserve the confidentiality of
information as provided in Paragraph 8 above.
The Parties acknowledge that the SCS investigation is designed to take place in
phases, and that the Parties may jointly instruct SCS to terminate such investigation at any Phase
of the investigation. Absent express written notification to the contrary, sucIrtermination of the
investigation shall not be considered withdrawal from this Agreement, and all terms and
conditions of this Agreement shall remain in effect.
11. Right of Entry. The Parties acknowledge that SCS' investigation, as
contemplated in Exhibit A, shall require the entry of SCS onto the Association's property. The
Association agrees to negotiate with the City, in good faith, a license agreement that allows such
entry onto the Associations' property, in order to effectuate the goals of this Agreement.
12. Notice. All notices under this Agreement shall be in writing, delivered by
facsimile (with receipt confirmed), registered or certified mail (postage pre -paid, return receipt
requested) or sent by a nationally recognized courier service to the other Party. Notices shall be
addressed to the Parties as set forth below.
City:
Association:
With copy to:
James J. Dragna
Bingham McCutchen LLP
355 South Grand Avenue, Suite 4400
Los Angeles, CA 90071
Fax: (213) 680-6499
Thomas Bois
Bois & Macdonald
2030 Main Street, Suite 520
Irvine, CA 92614
Fax: (949) 660 -0022
Richard S. Fiore, Esq.
Fiore, Racobs & Powers
Z
38 Technology Drive, Suite 250
Irvine, CA 92618
Fax: (949) 727-3311
13. Headings. The headings and titles used in this Agreement are for
convenience only, are not themselves terms, and have no effect on the meaning or interpretation
of any of the terms herein.
14. Governing Law and Venue. This Agreement shall be governed by and
construed and enforced in accordance with the laws of California without regard to principles of
conflicts of laws, and the Parties agree that the exclusive venue for an action under this
Agreement shall be any court of competent jurisdiction located in Orange County.
15. Attorneys' Fees. If any legal action or other proceeding is commenced to
enforce or interpret any provision of this Agreement, the prevailing party in such proceeding
shall be entitled to an award of its actual expenses including, without limitation, expert witness
fees and reasonable attorneys' and other professional fees and disbursements. (The phrase
"prevailing party" shall include a party who receives substantially the relief sought by that party,
whether by settlement, dismissal, summary judgment, judgment or otherwise.)
16. Severability. If any term or provision in this Agreement is determined to
be illegal or unenforceable, all other terms and provisions in the Agreement shall remain
effective and shall be enforced to the full extent permitted by law.
17. Jointly Drafted. The Parties agree that this Agreement was jointly drafted,
and no inference or rule of construction shall be applied based on the assumption that either of
the Parties drafted any provision in the Agreement. Each Party hereby waives the doctrine of
Contra proferentum as it may otherwise apply to the interpretation of the Agreement.
18. No Admission of Liability. Nothing in this Agreement, in whole or in
part, is intended by the Parties to be an admission or indication of liability of any type
whatsoever, nor may this Agreement, in whole or in part, be construed as an admission or
indication of such liability.
0
19. Authority. The undersigned individuals represent that they are authorized
to execute the Agreement on behalf of the respective Party.
DATED:
DATED:
CITY OF NEWPORT BEACH, a California Charter
City
By
Its:
NEWPORT CONDOMINIUM ASSOCIATION, a
California Non - Profit Corporation
By:
Its:
By:
Its:
I
Attachment B City of Newport Beach
BUDGET AMENDMENT
2002 -03
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND X
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations related to the Newport Terrace Landfill Gas issue.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Accou t
Description
292 3605
Environmental Liability Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 3155
Environmental Liability
Account
Number 8080
Services - Prof & Tech
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
7
Financial. Approval' Administrativo Services Director
Signed:
dministrative Ap val: City Manager
Signed:
City Council Approval: City Clerk
NO. BA- 054
AMOUNT: 875,SS5.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
Amount
Debit Credit
$75,595.00 '
Automatic
$75,595.00
Date
Date
Date
Attachment C
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of 2003, by and between
CITY OF NEWPORT BEACH, a California Charter City ( "CITY "), and SCS Engineers
whose address is 3711 Long Beach Boulevard, Ninth Floor, Long Beach, California,
90807, California, ( "CONSULTANT "), 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 desires to engage CONSULTANT to perform a due diligence investigation
to determine the integrity and operational status of an existing landfill gas
collection and control system operated by the Newport Condominium
Association ( "ASSOCIATION ") at the Newport Condominium Landfill (the
"PROPERTY ") and upon the terms and conditions contained in this Agreement
( "Project ").
C. The principal members of CONSULTANT, are for purpose of this Project, are
Mark B. Beizer, PE and Michael D. Geyer, PD, CIH, CSP.
D. CITY has solicited and received a proposal from CONSULTANT, has reviewed
the previous experience and evaluated the expertise of CONSULTANT, and
desires to contract with CONSULTANT under the terms of conditions provided 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 26"' day of March, 2003, and
shall terminate upon completion of CONSULTANT's services pursuant to the
Agreement, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
I
CONSULTANT shall diligently perform all the duties set forth in the scope of
services, attached hereto as Exhibit "A" attached hereto and incorporated herein
by reference.
3. COMPENSATION TO CONSULTANT
CITY shall pay CONSULTANT for the services in accordance with the provisions
of this Section and the scheduled billing rates, attached hereto as Exhibit "B" and
incorporated herein by reference. No rate changes shall be made during the
term of this Agreement without prior written approval of CITY. CONSULTANT's
compensation for all work performed in accordance with this Agreement,
including costs, fees, and incidental expenses, shall not exceed the total contract
price of eighty thousand dollars plus ($80,000.00) plus a five percent (5 %)
contingency of four thousand dollars ($4,000.00).
3.1 CONSULTANT shall maintain accounting records of its billings which
includes the name of the employee, type of work performed, times and
dates of all work which is billed on an hourly basis and all approved
incidental expenses including reproductions, computer printing, postage
and mileage. Consultant shall provide, with each invoice to CITY, the
total amount billed and remaining within each task.
3.2 CONSULTANT shall submit monthly invoices to CITY payable by CITY
within thirty (30) days of receipt of invoice subject to the approval of CITY
and based upon the following payment schedule: invoices to be
completed upon completion of each task outlined in Exhibit "A ".
3.3 CONSULTANT shall not receive any compensation for extra work without
prior written authorization of CITY. Any authorized compensation shall be
paid in accordance with Exhibit "B ".
3.4 CITY shall reimburse CONSULTANT only for those costs or expenses
which have been specifically approved in this Agreement, or specifically
approved in advance by CITY. Such cost shall be limited and shall
include nothing more than the following costs incurred by CONSULTANT:
A. The actual costs of subCONSULTANTs for performance of any of
the services which CONSULTANT agrees to render pursuant to
this Agreement which have been approved in advance by CITY
and awarded in accordance with the terms and conditions of this
Agreement.
B. 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.
J
2
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, CITY may withhold
payment of ten percent (10 %) of each approved payment as approved
retention until all services under this Agreement have been substantially
completed.
4. STANDARD OF CARE
4.1 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 the 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. CONSULTANT represents and warrants to CITY that it has or shall
obtain all licenses, permits, qualifications and approvals required of its
profession. CONSULTANT further represents and warrants that it shall
keep in effect all such licenses, permits and other approvals during the
term of this Agreement.
4.2 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 or governmental agencies, or any other delays
beyond CONSULTANT's control or without CONSULTANT's fault.
5. INDEPENDENT PARTIES
CITY retains CONSULTANT on an independent Consultant basis and
CONSULTANT is not an 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
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 details in means of performing the work provided that
CONSULTANT is in compliance with the terms of this Agreement. Anything in
this Agreement which may appear to give CITY the right to direct CONSULTANT
as to the details of the performance of the services or to exercise a measure of
control over CONSULTANT shall mean that CONSULTANT shall follow the
desires of CITY only with respect to the results of the services.
q
3
6. COOPERATION
CONSULTANT agrees to work closely and cooperate fully with CITY's
designated Project Administrator, and any other agencies which may have
jurisdiction or interest in the work to be performed. CITY agrees to cooperate
with the CONSULTANT on the Project.
7. PROJECT MANAGER
CONSULTANT shall assign the Project to 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 Project term. CONSULTANT has
designated Michael D. Geyer to be its Project Manager. CONSULTANT shall
not bill any personnel to the Project other than those personnel identified in
Exhibit 'B ", whether or not considered to be key personnel, without CITY's prior
written approval by name and specific hourly billing rate. CONSULTANT shall
not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of
CITY. CITY's approval shall not be unreasonably withheld with respect to
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.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by CONSULTANT in accordance with the
schedule specified in Exhibit "A ". The failure by CONSULTANT to strictly adhere
to the schedule, may result in termination of this Agreement by CITY, and the
assessment of damages against CONSULTANT for delay. Notwithstanding the
foregoing, CONSULTANT shall not be responsible for delays which are 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.
8.1 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 which purportedly causes a
delay, and not later than the date upon which performance is due. The
Project Administrator shall review all such requests and may grant
9
reasonable time extensions for unforeseeable delays, which are beyond
CONSULTANT's control.
8.2 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.
8.3 The CONSULTANT waives any right to bring a claim for additional
payment due to project delay. CONSULTANT's sole remedy in such a
case is the extension of the performance period.
9. CITY POLICY
CONSULTANT will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in
order to ensure that the Project proceeds in a manner consistent with CITY goals
and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by CONSULTANT shall conform to applicable CITY, county,
state and federal law, regulations and permit requirements and be subject to
approval of the Project Administrator and CITY.
11. PROGRESS
CONSULTANT is responsible to keep the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
12. INDEMNIFICATION AND HOLD HARMLESS, AND LIENS
CONSULTANT shall indemnify, defend (with counsel reasonably acceptable to
the party defended), save and hold harmless CITY, its CITY Council, boards and
commissions, officers and employees, and also the Newport Condominium
Association ( "ASSOCIATION "), its directors, officers, members, agents and
representatives from and against any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of CONSULTANT, its employees, agents or subcontractors in the
performance of services or work conducted or performed pursuant to this
Agreement. This indemnity shall apply even in the event of negligence of CITY
or the ASSOCIATION, or their employees, or other contractors, excepting only
VAI
the active negligence or willful misconduct of CITY or the ASSOCIATION, their
officers or employees, and shall include attorneys' fees and all other costs
incurred in defending any such claim. Nothing in this indemnity shall be
construed as authorizing any award of attorneys' fees in any action on or to
enforce the terms of this Agreement.
CONSULTANT shall not suffer or permit to be enforced against the PROPERTY
that is the subject of CONSULTANT's work under this Agreement, or any part
thereof, any mechanics', materialmen's, contractors' or subcontractors' liens or
any related lien claim for damages arising from CONTRACTOR'S performance
under this Agreement. CONSULTANT shall pay or cause to be paid all such
liens or claims before any enforcement action is brought. CONSULTANT agrees
to indemnify, defend (with counsel reasonably acceptable to the party defended)
and hold the CITY or the ASSOCIATION, their members, and the property of the
ASSOCIATION and its members (including the PROPERTY) free and harmless
from all liability for any and all such liens and claims related to CONTRACTOR'S
performance under this Agreement, together with reasonable attorneys' fees and
all costs and expenses incurred in connection with such lien claims.
CONSULTANT hereby waives its right to assert and /or record a mechanics' or
materialmen's lien against the ASSOCIATION, its members' property (including
the PROPERTY), or any portion thereof.
13. INSURANCE
Without limiting CONSULTANT's indemnification of CITY and the
ASSOCIATION, and prior to commencement of work, CONSULTANT shall
obtain and provide and maintain at its own expense during the term of this
Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to CITY and the ASSOCIATION. Certification of
all required policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with CITY and the ASSOCIATION prior
to exercising any right or performing any work pursuant to this Agreement.
Except workers compensation and errors and omissions, all insurance policies
shall add CITY, its elected officials, officers, agents, representatives and
employees, and also the ASSOCIATION, its directors, officers, members, agents
and representatives, as additional insured for all liability arising from
CONSULTANT's services as described herein.
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 Bests Key Rating Guide: unless otherwise approved by the CITY Risk
Manager.
A. Worker's compensation insurance covering all employees and principals
of CONSULTANT, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability (including, without
limitation, contractor liability insurance covering CONSULTANT's
obligations under Paragraph 12 of this Agreement), in a minimum amount
of two million dollars ($2,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial general
liability insurance or other form with a general aggregate is used, either
the general aggregate shall apply separately to this Project, or the general
aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of CONSULTANT in a minimum amount of two million
dollars ($2,000,000) combined single limit per accident for bodily injury
and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by CONSULTANT, except after thirty (30) days' prior notice has been
given in writing to CITY and the ASSOCIATION. CONSULTANT shall give CITY
and the ASSOCIATION prompt and timely notice of claim made or suit instituted
arising out of CONSULTANT's operation hereunder. 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.
CONSULTANT agrees that, in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability
insurance, CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY and the ASSOCIATION, on behalf of any
insurer providing comprehensive general and automotive liability insurance to
CONSULTANT, the CITY, or the ASSOCIATION, with respect to the services of
CONSULTANT herein, a waiver of any right of subrogation which any such
insurer of said CONSULTANT may acquire against CITY or the ASSOCIATION
by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
CONSULTANT shall not assign, sublease, hypothecate or transfer this
Agreement or any for the services to be performed under this Agreement,
r
7
directly or indirectly, by operation of law or otherwise without prior written
consent of CITY. Any attempt to do so without consent of CITY shall be null and
void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CONSULTANT, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if CONSULTANT is a
partnership or joint- venture or syndicate or cotenancy, which shall result in
changing the control of CONSULTANT, shall be construed as an assignment of
this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by CONSULTANT pursuant to
or in connection with this Agreement shall be the exclusive property of CITY.
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.
CONSULTANT shall, at such time and in such form as CITY may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by CITY.
17. CITY'S RESPONSIBILITIES
In order to assist CONSULTANT in the execution of his responsibilities under
this Agreement, CITY agrees to provide the following:
A. Access to, and upon request of CONSULTANT, one copy of all existing
record information on file at CITY. CONSULTANT shall be entitled to rely
U
upon the accuracy of data information provided by CITY or others without
independent review or evaluation. CITY will provide all such materials in
a timely manner so as not to cause delays in CONSULTANT's work
schedule.
B. Blueprinting, CADD plotting, copying and other services through CITY's
reproduction company for each of the required submittals.
CONSULTANT will be required to coordinate the required submittals with
CITY's reproduction company. All other reproduction will be the
responsibility of CONSULTANT and as defined above.
C. Street base digital file in AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the General Services Department and
David E. Niederhaus shall be considered the Project Administrator and shall
have the authority 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.
19. 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. All
such records shall be clearly identifiable. CONSULTANT shall allow a
representative of CITY to examine, audit and make transcripts or copies of such
records during normal 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 under this
Agreement.
20. WITHHOLDINGS
CITY may withhold payment 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. Nor
shall such withholding give rise to any mechanics' or materialmen's lien against
the ASSOCIATION'S or its members property, including the PROPERTY.
CONSULTANT shall have an immediate right to appeal to the CITY Manager or
his designee with respect to such disputed sums. CONSULTANT shall be
entitled to receive interest on any withheld sums at the rate of seven percent
9
(7 %) per annum from the date of withholding of any amounts found to have been
improperly withheld.
21. 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
would have resulted if there were not errors or omissions in the work
accomplished by CONSULTANT, the additional design, construction and /or a
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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
CITY reserves the right to employ other CONSULTANTS in connection with the
Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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
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.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of CITY.
25. NOTICES
All notices, demands, requests or approvals to be given under 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.
10
All notices, demands, requests or approvals from CONSULTANT to CITY shall
be addressed to CITY at:
David E. Niederhaus, Director
General Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3057 Fax (949) 650 -0747
Copy to:
Robin L. Clauson, Assistant City Attorney
Office of the City Attorney
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3131 Fax(949)644 -3139
All notices, demands, requests or approvals from CITY to CONSULTANT shall
be addressed to CONSULTANT at:
Michael D. Geyer
SCS Engineers
3711 Long Beach Boulevard, Ninth Floor
Long Beach, CA 90807 -3315
Each party shall provide a courtesy copy of all notices, demands, requests or
approvals to the ASSOCIATION, at:
Thomas Bois
Bois & Macdonald
2030 Main Street, Suite 520
Irvine, CA 92614
(949) 660 -0011 x. 20 Fax (949) 660 -0022
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably
required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure
11 co
such default, the nondefaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
26.1 CITY shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
CONSULTANT as provided herein. Upon termination of this Agreement,
CITY shall pay to the CONSULTANT that portion of compensation
specified in this Agreement that is earned and unpaid prior to the effective
date of termination.
12
27. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal and all ordinances,
rules and regulations enacted or issued by CITY.
28. 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.
29. 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. Any
modification of this Agreement will be effective only by written execution signed
by both CITY and CONSULTANT.
30. CADD DELIVERABLES
CADD data delivered to CITY shall not include the professional stamp or
signature of an engineer or architect. 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.
13
31. PATENT INDEMNITY
The CONSULTANT shall indemnify CITY, its agents, officers, representatives
and employees against 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM AND
CONTENT:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A California Charter City
Steve Bromberg, Mayor
for the City of Newport Beach
CONSULTANT
M
14
Environmental Consultants 3711 Long Beach Boulevc 562 426-9544
Ninth Floor FAX 562 4270805
Long Beach, CA 90807 -3315 www.scsengineers.com
February 27, 2003
File No. 01201221.01
Ms. Robin Clauson
Assistant City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
FEB 2003 FFIcE
CITY ?Try Wpog CBS
I
Subject: Revised Proposal For Services — Investigation and Assessment of the Landfill
Gas Protection System, Newport Terrace Condominiums
Dear Ms. Clauson:
Pursuant to our discussions, this letter constitutes a revised proposal for SCS Engineers (SCS)
to further investigate the landfill gas (LFG) collection and control system at the subject
condominium complex.
This effort will focus on a system -wide integrity assessment, specifically flow testing principal
LFG components at 13 locations where header pipes connect to extraction well laterals, the
extraction wells, and interconnection (trench) piping surrounding the larger landfill area. The
attached figure shows the 13 locations that are addressed in the scope of this investigation. If it
can be demonstrated that the extraction wells and major collection system components still have
integrity, then additional efforts can focus on the vacuum distribution network (e.g., the main
below -grade header pipes), the system blower, etc. However, if major system components are
no longer functional, then it can be assumed that other system components may also lack
integrity and a new LFG collection and control system for the site is probably necessary.
It is anticipated that this work can be accomplished by excavating intersections of header and
laterals, testing and inspecting the pipes at these locations (where possible), and replacing
and /or repairing isolation valves where warranted. Some locations to be excavated are readily
accessible and others are not. Accessibility will be further determined during the development of
the work plan (Task 1). Pipe condition may be assessed with a cabled video camera. Pressure
and flow testing of extraction wells will be accomplished using portable blowers, with gas
exhausted through carbon canisters to minimize odors.
Our proposed scope of work is described in detail below. Assumptions are also described in the
following narrative. The effort is divided into four tasks. Task No. 2 is further divided into two
phases, which include several sub -tasks during each phase. Each (excavation and testing)
phase is color -coded on the figure. Phase 1 will assess eight locations throughout the site, six
of which include significant system components and two other locations within the site that may
provide additional relevant data. Phase 2 includes four locations specifically within the rubble fill
area. The sequence of the phases has been planned to assess major components first,
followed by those components that effect smaller portions of the site. However, during Phase 1
work efforts, if it is determined that most major system components lack substantial integrity, it
may be decided that no additional investigation is warranted, and the assessment may stop. At
that point, Task No. 4 would be initiated.
Offices Nationwide UH " B I ° ^
Ms. Robin Clauson
February 27, 2003
Page 2
Task No. 3 includes an assessment of a separate group of LFG extraction wells along the
eastern site boundary. Task No. 3 will be performed regardless of the progress of Task No. 2.
TASK 1 —WORK PLAN DEVELOPMENT AND APPROVAL
Based on the number of interested parties, SCS will develop a comprehensive work plan that
describes in detail the work being performed at each location, goals, proposed schedule, and
anticipated inconveniences to site residents. SCS anticipates communicating the work plan to
residents via the homeowners association (HOA) and has allocated time for a meeting with the
HOA and their representatives.
SCS also proposes to provide the work plan to staff of the Orange County LEA and the State
CIWMB. Although their advance approval is not strictly required, we believe it in the interest of
a smooth project to keep those agencies informed. Moreover, we do not expect their review to
result in a change to our work plan.
TASK 2 — EXCAVATION, SYSTEM COMPONENT TEST, AND RESTORATION
The locations selected for excavation, assessment and testing are divided into two groups, or
phases. It is anticipated that each phase will proceed consecutively, i.e., Tasks 2a through 2e
for Phase 1, then Tasks 2a through 2d for Phase 2. However, if the assessment begins to yield
favorable data (i.e., most system components appear to have integrity and system vacuum can
be restored), the progress may be accelerated and efforts may begin to do the phases concur-
rently. If, however, the assessment begins to yield data that reflects a loss of integrity of major
system components, the entire investigation may stop.
The following narrative details the effort proposed in each task, for each phase of this
investigation.
Task 2a — Locatina and Clearina Excavations
At each location, underground site utilities will be identified and the excavation locations/
methods will be modified as necessary. If warranted, geophysical testing may be performed
before excavating to locate buried LFG system components -- one day of testing (ground
penetrating radar) is assumed. Near the landfill perimeter, some vegetation may need to be
cleared to facilitate access. However, cost for removal of large shrubs and /or trees is not
provided forwithin this proposal.
Task 2b — Excavate Svstem Pioin
At each location, header connections will be excavated. It is anticipated that each excavation
will be approximately 4 -ft by 4 -ft and 3 -ft deep and not encounter obstructions that would limit
the excavation; no shoring or bracing is expected. SCS will be responsible for repairs or
modifications to landscape irrigation systems to accommodate the excavations. Soil will be
stockpiled on site. Lighted barriers will be erected to protect residents from open excavations.
Ms. Robin Clauson
February 27, 2003
Page 3
Specifically during Phase 2, a traffic control plan will be developed, traffic -rated covers will be
used where appropriate, and lighted barricades will be placed in the street during the
investigation of system components within the Rubble Fill Area.
Task 2c — Testing and Inspection
At piping intersections, connections and valves will be cut loose from header piping. Video
inspection of the pipes will take place if access is available. Control /isolation valves will be
installed and /or repaired where appropriate and monitoring ports will be installed upstream and
downstream of each valve to measure vacuum. We assume existing system piping to be 6 -in
PVC or smaller. Once isolation valves are in place, pressure and flow testing will be performed
with a portable blower unit. The blower will also be used to provide a vacuum to LFG collection
system components (e.g., wells and sand trenches) in an attempt to determine the integrity and
utility of collection components. Individual extraction wells will not be accessed; however, the
common lateral pipe connecting several wells will be (tested).
Parameters tested will include:
• Pipe Tests — Openness, flow, pressure integrity, occlusions, and fluid entrapment in
settled areas.
• Measured vacuum in soils near LFG collectors.
• LFG composition and indicators of atmospheric intrusion /short- circuiting.
Task 2d — Backfill. Compaction and Restoration
As Task 2c progresses and is completed, excavations will be backfilled and compacted as soon
as practical. Certified compaction is not provided for in this proposal. SCS will attempt to mini-
mize the number of excavations open at any one time. At this time, it is not anticipated that any
concrete cutting and /or patching is necessary in hardscape areas, with the exception of asphalt
cutting and repair in Phase 2 within the Rubble Fill Area.
Task 2e — Progress Report Summary
A brief progress report will be prepared summarizing the findings of the investigation after
Phase 1. This report will summarize observations in a matrix - format for each location, and
include results of:
• Pipe tests.
• Vacuum in soils.
• Gas characteristics.
After Phase 2, the final report will be prepared (see Task 4)
Ms. Robin Clauson
February 27, 2003
Page 4
TASK 3 — FLOW TEST OF EAST SITE BOUNDARY
Concurrently with Phase 1 effort, an extended flow test will be performed on the three east
boundary extraction wells: W -101, W -102, and W -103. During Task No. 2b - Phase 1 exca-
vation efforts, the lateral connecting wells W -101 through W -103 will also be excavated to
accommodate the test/flow equipment. This test will be performed for approximately 24 hours,
during which time pressure and methane will be periodically measured at existing monitoring
probes in the area. This test is designed to evaluate the effectiveness of the three extraction
wells at controlling LFG migration from the landfill into adjacent off -site areas. The goals of this
test include: reducing methane concentrations in the wells and increasing vacuum in perimeter
monitoring probes.
SCS requests the HOA's and City's assistance in gaining access to monitoring probes located
in the residential community adjacent to the site, in Costa Mesa.
TASK 4 — DATA COMPILATION AND REPORT OF FINDINGS
After Task 2 and Task 3 are complete, SCS will compile the data and prepare a report of find-
ings. The report will be submitted to the City within 2 weeks of completing all field work.
We assume that:
• All City permits and construction fees will be waived.
• The HOA and their representatives, e.g., Bryan A. Stirrat Associates (BAS), will
cooperate with SCS, to include: site access, coordination and cooperation, providing
historical information, site assistance, etc.
• Work can be performed during normal work hours, i.e., Monday through Friday, 8:00
a.m. to 5:00 p.m. An attempt will be made to perform those activities that create the
most noise and /or nuisance near the middle of the day, and not first thing in the
morning; especially at locations close to site structures. However, most of the
anticipated locations are near at least one site structure.
• Access can be readily provided. If access is limited, special equipment may be
required. In locations that have significant access restrictions, excavation may require
hand - digging and hand- backfilling. In these situations, additional time and expenses
may be necessary that are not currently provided for in this proposal.
• Weather conditions will be favorable during the all construction efforts and the buried
pipe connections, as identified on the attached drawing, can be reasonably located.
• Utility (electrical and water) service will be available, and provided and paid for by the
HOA.
Ms. Robin Clauson
February 27, 2003
Page 5
PROPOSED FEE AND SCHEDULE
For each task, the estimated fee and schedule is listed below:
Task SCS Engineers Contractors & Supplies Duration
Task 1
$5,500
$0
4 weeks
Task 2a
$5,500
$2,000
1 week
Task 2b
$4,500
$10,000
2 weeks
Task 2c
$13,500
$6,000
2 weeks
Task 2d
$4,500
$16,000
1 week
Task 2e
$2,500
$0
Included
Task 3
$5,000
$2,000
Included
Task 4
$3,000
$0
2 weeks
Subtotal
$44,000
$36,000
3 months
TOTAL ESTIMATED FEE: $80,000
Note: Three months may be an optimistic schedule given the number of interested parties and
the potential for each to review and comment on the work plan, provide suggestions for alter-
native approaches, communications between parties, etc., and finalize an agreement prior to
initiating the work effort. Moreover, the fees listed above for each task are representative of the
entire project with all tasks being performed in conjunction with one another. The fees and work
efforts cannot be separated into individual projects without revising the fee upwards to account
for separate management, administrative and mobilization costs.
We propose that SCS be compensated on a time and materials basis in accordance with the
standard SCS Engineers Fee Schedule (copy enclosed). Invoices prepared by SCS will identify
expenditures on a monthly basis and remaining balance of authorized funds. The principal
contact for this project will continue to be our Project Manager, Michael Geyer, who will bring
support staff, SCS Field Services (our in -house construction subsidiary.who specializes in
landfill construction efforts) and other subcontractors, equipment, and technical specialists into
the project as appropriate.
If this proposal meets with your approval, the work can be executed under the terms and
conditions set forth in an agreement, with this proposal incorporated therein, executed between
SCS and the City. This proposal is valid for a period of 60 days from the date shown above.
Ms. Robin Clauson
February 27, 2003
Page 6
If there are any questions regarding this submittal, please direct them to either of the under-
signed.
Michael D\Peyer, PE, CIH, CSP
Project MaAager
AX/-,
Mark B. Beizer, E
Vice President
SCS ENGINNE
MDG /MBB /jml
J
� U
W
133H1S Hl6l a
nr- 'JJ3UNIlVI `_J i' W
- � Q
h
ei Y I >
> m
° c)
WW
y
-Y g 9i m n
e - 6 Z'o
_ V ti O QO
1 � m �j
�� .� mZ
`o a Wi
:bra m oz
I "
O n 0
m w W
O w w w
3 w w
G 7
5 J O m
wc3mm
no i
O
I+
I� 1
�
�3�mmm
o
YNU UZ��U
8 •.-li — o >zFL uo
W /� -1NUlz zZ
N
C
O
U
x
W
m
0
a
0
a
O
C
O
l0
J
U
w
133'j1S NlBI 0.
IL t
� V
1' ro p
e'r f ` � H •^f � o
�1 c+
UO
JZ
00
wu
Iw
q Z
qO '
4 '
be s T' T wo ! z o
'„ I iLr7 I I Z 3 w
7
rQa�YE
aos,a _
CJi ?wFC ��
1— �y
w ty/INX�[.s0
� O
N
C
O
w LI
a
0
0
a
0
0
u
J
J `�
w
a
133d18 H18L a
.. •T / > z
a \ 0.j
>
_ r ap
zo
m z
n
O ❑100 _ / I ' m K❑
Dz
wo
noV �
O j-'• 1. '" O
N: `� w m w
¢ x
no
€ yG II E R a 2
IIJY 1 1 p „rte <J< 3�m Om
ypp UZ�¢O -.U�
C9 ZwFL�o
W JG ym
N
O
N
x
W
N
0
a
`o
c
0
U
J
JLf
� U
1 3 3 ki 1 S H 1 B L o
.It - O o 3
I
a;
W
1 F
Qo
Y 7J ql
to �w
4.11 _ - N ao
r }nl1 lJ g 4 �
w �
zo
0 0_I o0I. J ;�
mmo Id R` m Z
DZ
0Z
wO
O n O O U
�a a _ W
@i 31
lI a 57 u7J O
Ao
�I —
i
�
}J
NWO r U2��U0
o p 2WZO �D
L i-
3 w N,nFZ z
�xo $wo
s a O
N
C
O
N
LI
W
O
0
a
0
a
0
0
J
l
U
w
1 3 3 H I a H 1 6 1 o
�s'.O p2i i a a
Yp
a \ a) z
or 'y nmuun \ w
_1
mz
RO
R m DZ
��ald 0z
, LIN
wo
Fol
,
w
p R01-
0
1 I i �-- � R I I R � w p� o �•
3 > o
� � 1: I• I �w ¢
IIIJJJ Y; Q3Q�wm
�D, R U
3 O Z�cZO UO
W nN5z
w
g J ril C,' Irl
d O
N
0
'm
x
W
d
0
0
0
a
`o
0
x
J
0
W
r
133 Ei 18 H18L o
d �p
\ ti
I —1�'� e� T� ❑ �.II ao
GJ
g 1 m ¢ aw
6 GO
fVl - I O Q U
so
J ZK W y� W
TI zO V m
G z s
S WU m
-c ao no
J ILI
..J l °n , �. (� W W
$ J d m
-_ — - '''—�; ` _ qua /- .:' „-:�-, �.� •5 ^ - -' zi �� °��_
p 2247 Op
W � Viz
B ^
N
C
O
v
W
N
g
a
`a
0
U
J
wppe
"Ok
Newport Terrace Condominiums NE)*ORT
V 1� Z � %
City of Newport Beach
General Services Department
I it LL-j � L-,-i IL
V �, ❑oa0
Doi
sk
11Z
VO
lee,
N
Ay
A
W
1 inch equals 0.25 mile
NEWPORT TERRACE CONDOMINUMS
Arial Photograph
�' °�`• ? �* r„ryyi :p.. _.. � i� f.� e. h'�.'rf f n ter, {i� ; ("
�p'Y.�' �V -a -, ryr •Y4a, l�jHfsT*i �f� fig', � }..
,.�+p��
e
"r...._.. •�,_„ " ~`�, 1. ij� ,Y ' ,.�� �,
... ...,� ... v« mu