HomeMy WebLinkAboutC-3562 - 2005-2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement - letter agreement for constructionCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
June 13, 2007
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702 -0238
Enclosed for recordation are the following documents:
1) Amended and Restated Easement; and
2) Subordination Agreement.
Please first record the Amended and Restated Easement and then record the
Subordination Agreement.
Please return the recorded documents to the City Clerk's Office.
Thank you.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosures
3.300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
May 25, 2007
To: (1) City Manager
(2) City Clerk
(3) Public Works
FROM: Public Works, Engineering
SUBJECT: Amended and Restated Easements (1 set)
Subordination Agreement (1 set)
Attached is the following:
RECEI EI;
MAY ? f 2001
Public Works Department
City Of Newport Beach
1. Original of Amended and Restated Easement including:
a. Amended and Restated Easement
b. Legal Description
c. Exhibit
d. Notary Page
e. Acceptance Certificate
2. Original of Subordination Agreement including
a. Subordination Agreement
b. Notary Page
The Public Works Department has reviewed the Amended and Restated Easement and
Subordination Agreement and has found it to be in order.
Action requested:
1. City Manager
a. Execute the Amended and Restated Easement.
b. Route to City Clerk.
2. City Clerk
a. Notarize City Manager Signature on Amended and Restated Easement
document.
b. Route Amended and Restated Easement document to County Recorder's
Office for recordation.
c. Route Subordination Agreement to County Recorder's Office for
recordation. The Subordination Agreement needs to be recorded AFTER
the Amended and Restated Easement document have been recorded.
Mike Sinacori
Principal Civil Engineer
FAUSe PBW{SMredkMROACMGRANT OF EASEMENMTmn5- Big Caiyw-doc
6c 039-13162
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.
EXEMPT RECORDING REQUEST PER
AMENDED AND RESTATED EASEMENT GOVERNMENT CODE 6103
Th's 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
GRANTEE:
CANYON FAIRWAY COMMUNITY
ASSOCIATION
IMEN
I / `
GRANTOR
BIG CANYON COUNTRY CLUB
By:
C
Name: o.+.. s C.
Title: ?fox "c�'Qk -4
- -d.rrY 6c.r 4 . - i....... 10
Title: G.FYIi ai_ (y x A3f.- s
[END SIGNATURES]
2
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 I:
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 129TH 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 43.44 FEET TO A POINT HEREON REFERRED TO
AS POINT `A'; THENCE CONTINUING NORTH 60° 11'00" EAST 37.37 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 09 °27'37" EAST 193.53 FEET TO THE POINT
OF TERMINATION.
PARCEL 3:
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.
VnALDEN & .
SSDCIATES
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 /13/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of I
TRUE POINT
OF BEGINNIP
POINT OF
COMMENCEMENT
15.00'
7.50' 7.50'
PARCEL 2
) 15' SEWER EASEMENT
1 1
11
11
)Il >
000111
$V$ S
1�J1N� MM'1�$
rn 0 0
�1 1 PARCEL 3
POINT 'B' 19' SEWER EASEMENT
POINT 'A'
Z
No. 7914
12 -31 -07
N
cr
+o
1049 i
4
&
VrWSOC SOCIATES
°o,
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUrrE B -IRVINE, CA 92614.6236
(949) 660-0110 FAX: 660 -0418
PARCEL 1
38' SEWER EASEMENT
N
SO
rn
'0.
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 60'11'00" E
43.44'
L2
N 09'27'37 W
193.53'
L3
N 60'11'00" E
37.37'
L4
N 60'11'00" E
181.69'
_ iv
0
0 'L
n
N Sg. w
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date 04/13/06
Enqr. B.J.W. Chk'd J.W. Sheet 1 Of 1
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On
per
MA�II�ICCIit>IEION
CartraYrlul tMltte
M01EVRA fit. -Comm"
tilp �rCamlr
COlufrrlfMt 014101111tH
owwcmw
MY COmrr.6�YN/prb,
91tersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person($) whose name(a) is/are-
subscribed to the within instrument and
acknowledged to me that he/sheAhey executed
the same in his /he4lheir authorized
capacity0se), and that by hislil"fApelr
signature(f) on the instrument the person($), or
the entity upon behalf of which the person(ao
acted, executed the instrument.
and
OPTIONAL
Though Me iniomration below is trot required by law, it may prove valuable to persw+a relying on fhe documeN and could prevent
fraudulent removal and reaffachment of Mla forrn to anoMer document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capecity(ies) Claimed by Signer
Signer's Name:
• Individual Top of thumb here
• Corporate Officer— Title(s):
• Partner —❑ Limited ❑ General
• Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other.
Signer Is Representing
0 1999 NaO NMq AsmxJa6on • 9950 De Sara AVe„ P.O. r 2402 • ChatatxMh, CA �ot wm Pm . No. SOT ftcartler: Cal Toll-Free 1-000$]6882]
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
Coumy of
On
pen
I ss.
rAiz� �MRII MC CAMW q
Cb�re _&F trnu
�w�•r�
Mr«ornq. �'+sarwAPr{,ZOOtt
Ytf
.personally known to me
✓roved to me on the basis of satisfactory
evidence
to be the person(t) whose name(p) isllafe-
subscribed to the within instrument and
acknowledged to me that W§Willey executed
the same in pis /bfffteir authorized
capacity(Ls), and that by Vs/herAbsic --
signature(*) on the instrument the person((), or
the entity upon behalf of which the person(q
acted, executed the instrument.
my hand
OPTIONAL
Though the information below is not required by law, a may prove valuable to persons relying on the document and could prevent
fraudulent mmoval and reatlachmeru of mis form fo another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thu-b here
❑ Corporate Officer — Tide(s):
❑ Partner — O Limited ❑ General
• Attorney -in -Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
01988 Na0orelNdery PSeaiatian•B3W De SCm Ma.,P.O. Pm. N. 507 R. rCall Tdl -Free 1-30047& 7
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
appeared"
1
ss:
2006, before mei'Zh �/ / L C personally
known to_Mg.(or proved to me on the basis of
satisfactory evidence) to be the person(y) whose name*) is /are - subscribed to the within instrument and
acknowledged to me that Iw /sl, R y has executed the same in his herAheir authorized capacity(4a4 and that by
his/heNtheir signature($) on the instrument the person(t) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public'" for said State
STATE OF CALIFORNIA
MARY MC (,prryrlhtt0110t4tptti{
Nplply NbIC • CaMTttlb
Oa�Caxlty
@1MvCwm.B0ftAPr6.2004
(This area for official notarial seal)
S5: _ y
COUNTY OF ORANGE
On t'D el- 2006, before mej�'/ `%TO L,��_ personally
appeared— ��We!� :M � personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/me, subscribed to the within instrument and
acknowledged to me that he /sheAhW has executed the same in hisAwAheir authorized capacit*es}, and that by
his/her /their signatures) on the instrument the personal or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
tar Public in and r �State
MICHELE KNUTSON
CartYMb # 16249
13
LIVNftV RIbYC Cc*kw p
01MVIDONMDOMNOV24.
(This area for official notarial seal)
3
CERTIFICATE OF ACCEPTANCE AND EXHIBIT
This is to certify that the interest in real property conveyed by the Grant of
Easement from the Big Canyon Country Club, a California non -profit
mutual benefit corporation ( "BCCC "), to the City of Newport Beach, a
charter city (the "City'), is hereby accepted on April 25, 2006, by the
undersigned officer or agent on behalf of the City pursuant to authority
conferred by Resolution No. 92 -82 of the City adopted on July 27, 1992,
and the City consents to the recordation of said document in the Office of
the Recorder of Orange County, State of California.
Dated: 20W7
CITY OF NEWPORT BEACH,
a charter city
By:
Name: Homer Bludau
Its:_ City Manager
City of Newport Beach
LiC a00 - 7- oo3ga343
_
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Canyon Fairway Community Association
PO Box 4709
Irvine, CA 92618
Space above this line for Recorder's use only.
SUBORDINATION AGREEMENT EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER EASEMENT.
This agreement, made as of the 5'" day of
2006, by Big Canyon Country Club, a California non - profit mutual benefit dorporation,
owner of the land hereinafter described and hereinafter referred to as "OWNER ", and La
Jolla Bank, FSB present holder of two deeds of trust and hereafter described and
hereinafter referred to as the "MORTGAGEE ".
THAT WHEREAS, OWNER, did execute two deeds of trust, each dated June 22, 2005
encumbering that certain real property described in Exhibit 1 attached hereto and by this
reference incorporated herein to secure two notes in the amount of $21,000,000 and
$5,000,000 respectively in favor of MORTGAGEE, which deeds of trust were recorded
on June 29, 2005 as Document Nos. 2005- 000505149 and 2005 - 000505151 in the
Official Records of Orange County, CA; and
WHEREAS, the property is subject to that certain Grant of Easement [Wade by OWNER
to the Irvine Company recorded on May 8, 1984, as Document No. 84- 190109, Official
Records of Orange County, California (the "Old Canyon Fairway Easement "); and
WHEREAS, OWNER has executed, or is about to execute, an Amended and Restated
Easement of even date herewith, to amend and restate the Old Canyon Fairway Easement
which is being realigned, hereinafter referred to as "the Amended and Restated
Easement ", with the Canyon Fairway Community Association hereinafter referred to as
"Canyon Fairway ", subject to the terms and conditions described therein, which
Amended and Restated Easement is to be recorded concurrently herewith; and
WHEREAS, it is a condition precedent to obtaining said Amended and Restated
Easement that said Amended and Restated Easement above mentioned shall
unconditionally be and remain at all times an encumbrance, interest or charge upon the
land hereinbefore described, prior and superior to the lien or charge of the deeds of trust
first above mentioned; and
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which
consideration is hereby acknowledged, and in order to induce Canyon Fairway to consent
to the Amended and Restated Easement, it is hereby declared, understood and agreed as
follows:
(1) That said Amended and Restated Easement in favor of Canyon Fairway
shall unconditionally be and at all times remain an encumbrance, lien and charge on the
property therein described, prior and superior to the lien or charge of the deeds of trust
first above described.
(2) That Canyon Fairway would not consent to the Amended and Restated
Easement without this SUBORDINATION AGREEMENT.
(3) That this agreement shall be the whole and only agreement with regard to
the subordination of the lien or charge of the deeds of trust first above mentioned to the
Amended and Restated Easement in favor of the Canyon Fairway above. referred to and
shall supersede and cancel, but only insofar as would affect the priority between the
easement and deeds of trust hereinbefore specifically described, any prior agreement as to
such subordination including, but not limited, those provisions, if any, contained in the
deeds of trust first above mentioned, which provide for the subordination of the lien or
charge thereof to another deed or deeds of trust.
DATED:
BIG CANYON COUNTRY CLUB
Its: ,*ssiOar)7 S reTGry
LA JOLLA BANK, FSB
By.
Its: `Jive rem Loan eraiiej)s
State of California
County ofd_ l FJky'o
On 051 2U I D U , before me, �j2 t.Y�Fr^trt t Lit tC-
Date _ Name and riitle of Ogker (e- g.,'Aene Doe, Notary Pu
personally appeared
STEPHANIE ROLES
Commission f 1370844 i
Notary Public - California
San Dego County
MyComn. c'VmAug 18, 2008
�iP'It�l�v
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person($) whose name( #) isiare subscribed
to the within instrument and acknowledged to me that
he/sMAhey executed the same in his/her/their
authorized capacity(ies), and that by histherffheir
signature&) on the instrument the person(b), or the
entity upon behalf of which the person(.b) acted,
executed the instrument.
W S hand and o 'al seal.
Place Notary seal Above
nature of Noary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attacherlr]�r,c
Title or Type of Document: C 7�i�I�r J t KA JLiSi\
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Weis): _
❑ Partner —❑ Limited ❑ General
❑ Attorney In Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SI(3PJER
IN
Signer's Name:
❑ Individual
❑ Corporate Officer — Weis): —
❑ Partner —❑ Limited ❑ General
❑ Attorney In Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
RIG HT THU141WRIST
OF SIGNER
ti
c_ - - - "t
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of x
On before me,
D-1 _ , t .
personally appeared
I ss.
00A MCCJltilil0li
Carrrrirbn • 1481116
Molloy NWC - CM=ft
Orarpe Car ltr
Mir Cotlrn. 6giNS Apr t1,
impersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(A) whose narri islWg-
subscribed to the within instrument and
acknowledged to me that hakAwAhey executed
the same in kWher /their authorized
capacity(i%), and that by hisAwltheir
signaturgf s) on the instrument the personW,oror
the entity upon behalf of which the personj1
acted, executed the instrument.
and
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
haudulant removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
OREM
• Individual Top of thumb here
• Corporate Officer — Thile(s):
❑ Partner — ❑Limited ❑General
• Attorney- in•Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
01999N95on91 NO19ry A890CIBIlon •905p 048 $n10 AV9., P.O. B 2402- ChMm,d,, CA91313- 1A92 -w natimehg OT Pmd. No. 507 NBONer CaII TdI Free l- �PB]6682]
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkdess, MMC
June 13, 2007
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702 -0238
Enclosed for recordation are the following documents:
1) Amended and Restated Easement between Big Canyon Country Club and
the City of Newport Beach (12' sewer easement -Cherry Lane);
2) Amended and Restated Easement between Big Canyon Country Club and
the City of Newport Beach (10' sewer easement - various locations);
3) Amended and Restated Easement between Big Canyon Country Club and
the City of Newport Beach (10' sewer easement -Big Canyon Drive); and
4) Subordination Agreement between Big Canyon Country Club and La Jolla
Bank.
Please first record the Amended and Restated Easements and then record the
Subordination Agreement. Please return all recorded documents to the City
Clerk's office.
Thank you.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
Enclosures
3300 Newport Boulevard • Post Of lce Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
May 25, 2007
RECEIVEL
To: (1) City Manager MAY 3 1 2007
(2) City Clerk Public Works De artment
City (3) Public Works P
of Newport $eac'r..
FROM: Public Works, Engineering
SUBJECT: Amended and Restated Easements (3 sets)
Subordination Agreement (1 set)
Attached is the following:
Original of Amended and Restated Easement including:
a. Amended and Restated Easement
b. Legal Description
c. Exhibit
d. Notary Page
e. Acceptance Certificate
2. Original of Subordination Agreement including
a. Subordination Agreement
b. Notary Page
The Public Works Department has reviewed the Amended and Restated Easement and
Subordination Agreement and has found it to be in order.
Action requested:
1. City Manager
a. Execute all three sets of Amended and Restated Easement documents.
b. Route to City Clerk.
2. City Clerk
a. Notarize City Manager Signature on Amended and Restated Easement
documents.
b. Route three sets of Amended and Restated Easement documents to
County Recorder's Office for recordation.
c. Route Subordination Agreement to County Recorder's Office for
recordation. The Subordination Agreement needs to be recorded AFTER
the Amended and Restated Easement documents have been recorded.
d. Return a copy of recorded documents to Public Works for filing.
Mike Sinacori
Principal Civil Engineer
FAU5em\PBVAShar9MENCROACMGRAW OF EASEMEN ffm -Big Canyan.dm
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.
EXEMPT RECORDING REQUEST PER
AMENDED AND RESTATED EASEMENT GOVERNMENT CODE 6103
This Amended and Restated Easement (this "Amendment") is entered into as of
April o?5 , 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 PAGE(
1
APPROVED AS TO FORM
By: f � +...-- (f - ff G"
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By: G a M - V'W�
LaVonne Harkless, City Clerk
For the City of Newport Beach
GRANTEE:
THE CITY OF NEWPORT BEACH
By: wv,_
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Warne: =^. r C • /cc
Title:
am
Name: L)%Vd H. vDDR.hifS
Title:GLvuA4L /459 /i4s5f SAC
[END SIGNATURES]
2
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of J
n
On �� before me, I`{F7c.ry,, 1ieytriL�� tty ti r(�_
Om Name and ak of Oft,, .,'Jana DOe; N tl, NNcl
personally appeared (y� L' t U j
Nam(s) of Signar(s)
Ppersonally known to me
❑ proved to me on the basis of satisfactory
evidence
Viz?%
to be the person(' whose name((' is/ar
subscribed to the within instrument and
acknowledged to me that he /y executed
the same in hislheft it authorized
capacity(Wk/ and that by histhierAheir
signature* on the instrument the person(p or
the entity upon behalf of which the person()
acted, executed the instrument.
WIT4SS my hand and official seal.
f�tn i P />
99neNr of Nalary k
1 „
OPTIONAL
Though the infomtatlon below is not required by law, it may Prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: �f M & vkc"4' --�-
Document Date: �sL t ✓ i r Number of Pages:
Signer(s) Other Than Named Above: / 7( i.. )T:St �' �' :)A'A e. V or,rhee5
Capacity(ies) Claimed by Signer
Signer's Name:
• Individual / Top of thumb here
• Corporate Officer — Title(s):
• Partner — O Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other.
Signer Is Representing:
0 1999 NaEmul Notary Amaiagon- 9M Oe Sao Aw.. P.O. a M2- ChatawaM, CA 91313�2Cg2 - nwx.=a notary.ory PiW. W. M7 Neo .Call TWl "ldWaTa962)
STATE OF CALIFORNIA }
ss:
COUNTY OF ORANGE ) nA
On / > . �' / 2006, before me,//1. V !/ L� �/x/Y/mI.'l"vu+el ' personally
proved to me on the basis of
satisfactory evidence) to be the person($) whose name(II) jg /are subscribed to the within instrument and
acknowledged to me that he /shegh" has executed the same in his/hoF4 hei authorized capacity(iso), and that by
tD s/4eFAMir signature(%) on the instrument the person(*) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Publi 7 dd for said State
STATE OF CALIFORNIA
MC CA MMO N
" I tat t m
os600 Apr 6
(This area for official notarial seal)
ss:
COUNTY OF ORANGE
On4s"/G /% O� d >' 2006, before me, r P/P I!! %dl? 1 /L personally
appeared /2 s21 wsonally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(* whose name(s) is/ere- subscribed to the within instrument and
acknowledged to me that he/shekhey has executed the same in his/her/tFleir authorized capacity(ies), and that by
his /her /their signature(a}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.
MICHELE KNUTSON
t'Aff —OT2 n *-16-243-43-
Notary Public - CoNtOma
Conp COW*
M
(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 THE 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 1 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 1 TO 9 INCLUSIVE, SAID POINT BEING THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 26013'16"
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.
VWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949- 660 -0418
EXHIBIT "J."
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140- 369 -001 Date: 04 /13/2006
Engr.B.JW. Chk'd. J.W. Sheet l of 1
0-ocv otgg��
��V�N�gMM•1`�$
21
22
6 /ry /
.00
�, s ?oo•
°o•
PARCEL 1
12' SEWER EASEMENT
20 / ` POINT OF
BEGINNING
V G� O•
6/
M.M•
0
TV
0
n Q�NL LANG
-A ALLfN X900',
w a/�J �
No. 7914
Exp. 12 -31 -07
SSOC & EXHIBIT
SSOCIATES SKETCH TO ACCOMOM.
PANY
�
A LEGAL DESCRIPTION
CIVIL. ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE I3•IRVINE, CA 92614 -6236 W,O. No. 1140- 369 -001 Date 04/03/06
(949) 660 -0110 FAX: 660.0415 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2
POINT OF
BEGINNING
^ ^^ N
59 W
PARCEL 2 `
15' SEWER EASEMENT
- 1�I
0
0
w
J
U
��oG%!6
05xpN
6
W�LDEN &
SSOCIATES
CIVI. ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITS B -IRVINE, CA 926144236
(949) 660 -0110 FAX: 660 -0418
A
N 26'13'16"
36.33'
61
NO �g3 9
P 3()6/
\\tom o
s
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date 04/03/06
Engr. B.J.W. Chk'd J.W. Sheet 2 Of 2
CERTIFICATE OF ACCEPTANCE AND EXHIBIT
This is to certify that the interest in real property conveyed by the Grant of
Easement from the Big Canyon Country Club, a California non -profit
mutual benefit corporation ( "BCCC"), to the City of Newport Beach, a
charter city (the "City "), is hereby accepted on April 25, 2006, by the
undersigned officer or agent on behalf of the City pursuant to authority
conferred by Resolution No. 92 -82 of the City adopted on July 27, 1992,
and the City consents to the recordation of said document in the Office of
the Recorder of Orange County, State of California.
Dated: 2007
CITY OF NEWPORT BEACH,
a charter city
Name: Homer Bludau
Its: City Manager
City of Newport Beach
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.
EXEMPT RECORDING REQUEST PER
AMENDED AND RESTATED EASEMENT GOVERNMENT CODE 6103
This Amended and Restated Easement (this "Amendment ") is entered into as of
April 25 , 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
APPROVED AS TO FORM
By: /� � C ... ff CA,-U--
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
LaVonne Harkless, City Clerk
For the City of Newport Beach
GRANTEE:
THE CITY OF NEWPORT
0
Don tl b, Mayor
For the City of Newport Beach
LG ► o
BIG CANYON COUNTRY CLUB
By:
Name: a+.•r C.
Title:
In
Name:
Title:rI
[END SIGNATURES]
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of L\ L'r` ss.
Liam
personally appeared
f�� ♦ v 1
.. rr
r" M1
mB���1��(_.rr1'�7:1 : I!�iil'.i'- /!J'''am.- ! ✓r1 �(1 � ,f�.."
Name Tde d Oft., (e.g, •Jane We. Notary PuNi l
f� rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(,s'J whose name(r)) Were'
subscribed to the within instrument and
acknowledged to me that he /s (JtW executed
the same in his/ftefftfteir authorized
capacity] 04,, and that by his/Wthefr
signature(sl on the instrument the person(; or
the entity upon behalf of which the persona)
acted, executed the instrument.
WITq�)§S my hand and officigl seal.
si9nmum o(Nm.nFwiif;
OPTIONAL
Though the mlomrabon below is not required by law, it may prove valuable to persons relying on Me document and could prevent
fraudulent removal and reattachment or this brm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: i y i' I t ` Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
• Individual /
Top of thumb here
• Corporate Officer — Tdle(s):
❑ Partner — ❑ Limited O General
❑ Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
01999 Nanonel Ndary ASe9cietion• 9350 pe Seb Ars., P.O. aox NW-Ot mrm, CA91313241p,x netlanWn .oM Pm.D 5901 Aw9 r.. W TdFFrw 1AW-515-BB21
STATE OF CALIFORNIA
COUNTY OF ORANGE
On-40?
appeared
ss:
2006, before me,
Ndf�
personally
(or proved to me on the basis of
satisfactory evidence) to be the person($) whose name(*) War& subscribed to the within instrument and
acknowledged to me that h/cheAli -&y has executed the same in his/heH"ir authorized capacity(ies), and that by
his /t iiii:AieiP signature(q) on the instrument the person($) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official
State
STATE OF CALIFORNIA
1
(This area for official notarial seal)
I ss:
COUNTY OF ORANGE ) /V1
On of 029 2006, before me �P1/,IAs/TrIV jOIggacl personally
appeared _'�� �� Gf7i}�Q personally known to me (or proved to me on the basis of
satisfactory evidence) to be the personal whose names) is /are subscribed to the within instrument and
acknowledged to me that he /ske/they has executed the same in histher/their authorized capacity(ies), and that by
hislher /t4eir signature(&)-on the instrument the person(&) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
(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 & 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.
ALDEN &
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 I of 2
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 75 604'03" WEST 24.44 FEET; THENCE SOUTH
47 °40'34" WEST 254.82 FEET TO THE POINT OF TERMINATION.
PARCEL 4:
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 39'20'17" WEST 14.03 FEET FROM THE ANGLE POINT IN
SAID NORTHWESTERLY LINE SAID POINT BEING THE POINT OF TERMINATION.
I' . 36J0m
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 11 049'19" 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.
WWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949- 660 -0418
h 7914
12 -31 -07
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
T%T
SCALE: 1" =100'
PARCEL 1
10' SEWER EASEMENT
ALDEN &
SSOCIATES
LINE TABLE
LINE
BEARING
I DISTANCE
L1
N 41'10'38° W
1 26.50'
L3
N 55'21'42° W
1 13.50'
CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHrFE ROAD, SUITE B •IRVM, CA 92614 -6236
(949) 660-0110 FAX: 660 -0418
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
N
SCALE: 1 " = 100'
35
ROy
17.00' y
PARCEL 2
10' SEWER EASEMENTf�;;� C�O
� R
rVWSOC &
SOCIATES
1
'1O•
LOT A
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 03'50'08° W
79.06'
L2
N 47'10'347 W
136.60'
CIVB. ENGINEERS - LAND SURVBYORS - PLANNERS
2552 WHITE ROAD, SUrrB 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 Dote 04/04/06
Engr, B -J•W Chk'd J.W. Sheet 2 Of 4
0
o
n
w
J
Q
U
6�pc1j, o,J,s�pN
5 t$V
Le
/
/
/
W WSOC &
SSOCIATES
CML ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614.6236
(949) 660-0110 FAX: 660 -0418
PARCEL 4
10' SEWER EASEMENT
Np
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date 02/23/06
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
6659'18"
W
188.45'
L3
S
75'04'03"
W
24.44'
L4
S
47'40'34"
W
254.82'
L5
S
66'58'28"
W
86.93'
1-6
S
24'11'03"
W
118.39'
L7
S
58'20' 19"
W
70.49'
L8
N
25'59'11"
W
47.92'
L9
N
25'59'11"
W
22.77'
L10
S
5620'19"
W
137.44'
W WSOC &
SSOCIATES
CML ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614.6236
(949) 660-0110 FAX: 660 -0418
PARCEL 4
10' SEWER EASEMENT
Np
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date 02/23/06
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 8917'1 4�' E
70.58'
L3
N 11'49'19" W
54.09'
L4
S 00'52'51" E
130.01'
7
J
S F7.50;
G� a0.
1Z�3
ARCEL 5
5' SEWER EASEMENT
N78r'1g w
- S87.g3•
TRUE POINT
OF BEGINNING
1WLDE&
lV
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614.6236
(949) 660-0110 FAX: 660 -0419
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Dote 02/23/06
Engr. B.J.W. Chk'd J_W. Sheet 4 Of 4
CERTIFICATE OF ACCEPTANCE AND EXHIBIT
This is to certify that the interest in real property conveyed by the Grant of
Easement from the Big Canyon Country Club, a California non -profit
mutual benefit corporation ( "BCCC "), to the City of Newport Beach, a
charter city (the "City "), is hereby accepted on April 25, 2006, by the
undersigned officer or agent on behalf of the City pursuant to authority
conferred by Resolution No. 92 -82 of the City adopted on July 27, 1992,
and the City consents to the recordation of said document in the Office of
the Recorder of Orange County, State of California.
Dated:_ c� , 20W7
CITY OF NEWPORT BEACH,
a charter city .
By: ,;5.
Name: Homer Bludau
Its: City Manager
City of Newport Beach
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.
EXEMPT RECORDING REQUEST PER
AMENDED AND RESTATED EASEMENT GOVERNMENT CODE 6103
This Amended and Restated Easement (this "Amendment ") is entered into as of
April a-6 , 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 PAGE]
APPROVED AS TO FORM
By: � 0._. C. ff 4't'
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By: If / • 4&4.2
LaVonne Harkless, City Clerk
For the City of Newport Beach
GRANTEE:
THE CITY OF NEWPORT BEACH
By: 0— 4,
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON
l
me:
Title:
By:
UNTRY CLUB
Title: (.z L "*Q
[END SIGNATURES]
z
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
On rly L . before me, !`t';7✓ t,-, %: Lr t6u'1 t :�
pate � Name an Ne N OOor le. Jars Ooe, Noary P3dic') ! ,
e"
personally appeared 1. ^,
e>
d &gnercet
Jd*rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(sy whose name(g) is/ar2
subscribed to the within instrument and
acknowledged to me that he/sWe/thdy executed
the same in his/h6rlthe r authorized
capacity(w ), and that by his/hef /tWk
signature(sf on the instrument the person($), or
the entity upon behalf of which the person(p)
acted, executed the instrument.
WITNaS my hand and official,�eal.
^r i
—� sign .oi, ry
OPTIONAL
Though the imonnation below is not required bylaw, it mayprove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment or this loam to another document.
Description of Attached Document t/^
Title or Type of Document: i� !✓ICr Li,
Document Date: ('' Number of Pages:
Signer(s) Other Than Named Above: 1 f t-I j ! rcf
Capacity(ies) Claimed by Signer
Signer's Name: /
• Individual j Top of thumb here
• Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• Attorney -in -Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
01899 Ne1bnel Notary ASea, a' atlon• 935D Oe 5oro Aw..P.O.Bm, &02•ChabwaM, CA 913132102•wxx.netunalnmagoq Pmd. W. 5907 ,atrrea ,awo•ocoer
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE ) M ,y� Ala
On /L/ ( ljj 2006, before me, / / /IIRU /ll�C,�GaO1 personally
appeared tri D zes personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(f) whose name(f) is /.aw subscribed to the within instrument and
acknowledged to me that he/she/they has executed the same in lhis/heiOheir authorized capacity(yeej, and that by
h_ is/h®rltWeic signatureA on the instrument the personal) or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Pub' 'n and for said State
Y ;
I
(This area for official notarial seal)
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
o
On L�f4�Pda �`ji •�tlu 2006, before me�! /L`/1���/J/)Jt[7yo/J trAG /Ctpersonally
appeared 1'2:;�ST,Ei' personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(e) Wefe- subscribed to the within instrument and
acknowledged to me that he /s4eAhey has executed the same in his /her/their authorized capacity(iesj, and that by
his /WerMeir signatures} 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.
�
• 11 • • • C
X,
(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 1:
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' 16'21" 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.
PARCEL 2:
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 "I O' 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.
WWALDEN &
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: 04/17/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
CURVE TABLE
CURVE
I DELTA
I RADIUS
LENGTH
Cl
40'07'23"
450.00'
315.13'
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 00'16'21" W
5.00'
L2
N 06'02'24" W
72.12'
L3
N 86'38'58" E
150.89'
L4
N 05'46'41" E
175.25'
O�pGV Q�s \pN
L3__
r
T.P.O.B.—\ I
No. 7914
Exp. 12 -31 -07
41
7.50' 15.00'
r r z50'
�Irl
!r
rl
1
rr
_ 1
J
.TV
0
0
II
x
J
U
N
PARCEL 1
15' SEWER EASEMENT
GPNYO , F—=-776 Cl
74.-
�g p2
Np.
��C9 i prv� O \fig \p� �3$A
'W WSOC &
SOCIATES
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL ENGINEERS- LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITE E•IRVINE, CA 92614.6236 W.O. No. 1140- 369 -001 Date 04/17/06
(949) 660 -0110 FAX:660 -0418 Enqr. B.J.W. Chk'd J.W. Sheet 1 Of 2
CURVE TABLE
CURVE
DELTA
I RADIUS
I LENGTH
C1
I 02'01'06
450.00'
1 16.20'
I �
to
I�
IN
I .
Im
I
I>
to
S 89'18'46" E 250.26. '
S 89'18'46" E 250.26. C11
NORTHERLY LINE
TRACT NO. 7384
15 16 17
18
E a
19
' No. 7914
Exp. 12 -31 -07
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614.6236
(949)660-0110 FAX:660.0418
- Al
_o
Q II
i
6
G In
`RUNE 0.0 ,14aa
PARCEL 2
10' SEWER EASEMENT
n LA
1 �
1�IvN
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
CERTIFICATE OF ACCEPTANCE AND EXHIBIT
This is to certify that the interest in real property conveyed by the Grant of
Easement from the Big Canyon Country Club, a California non -profit
mutual benefit corporation ( "BCCC'), to the City of Newport Beach, a
charter city (the "City "), is hereby accepted on April 25, 2006, by the
undersigned officer or agent on behalf of the City pursuant to authority
conferred by Resolution No. 92 -82 of the City adopted on July 27, 1992,
and the City consents to the recordation of said document in the Office of
the Recorder of Orange County, State of California.
Dated: MOO,
v
CITY OF NEWPORT BEACH,
a charter city
By:�
Name: Homer Bludau
Its: City Manager
City of Newport Beach
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.
SUBORDINATION AGREEMENT EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER EASEMENT.
This agreement, made as of the -6 I— day of ,
2006, by Big Canyon Country Club, a California non - profit mutual ben fit corporation,
owner of the land hereinafter described and hereinafter referred to as "OWNER ", and La
Jolla Bank, FSB present holder of two deeds of trust and hereafter described and
hereinafter referred to as the "MORTGAGEE ".
THAT WHEREAS, OWNER, did execute two deeds of trust, each dated June 22, 2005
encumbering that certain real property described in Exhibit 1 attached hereto and by this
reference incorporated herein to secure two notes in the amount of $21,000,000 and
$5,000,000 respectively in favor of MORTGAGEE, which deeds of trust were recorded
on June 29, 2005 as Document Nos. 2005- 000505149 and 2005 - 000505151 in the
Official Records of Orange County, CA; and
WHEREAS, the property is subject to those certain Grants of Easement made by the
Irvine Company to the City of Newport Beach 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 (the
"Old City Easements "); and
WHEREAS, OWNER has executed, or is about to execute, Amended and Restated
Easements of even date herewith, to amend and restate the Old City Easements which are
being realigned, hereinafter referred to as "the Amended and Restated Easements", with
the City of Newport Beach, hereinafter referred to as "City ", subject to the terms and
conditions described therein, which Amended and Restated Easements are to be recorded
concurrently herewith; and
WHEREAS, it is a condition precedent to obtaining said Amended and Restated
Easements that said Amended and Restated Easements above mentioned shall
unconditionally be and remain at all times an encumbrance, interest or charge upon the
land hereinbefore described, prior and superior to the lien or charge of the deeds of trust
first above mentioned; and
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which
consideration is hereby acknowledged, and in order to induce City to consent to the
Amended and Restated Easements, it is hereby declared, understood and agreed as
follows:
(1) That said Amended and Restated Easements in favor of City shall
unconditionally be and at all times remain an encumbrance, lien and charge on the
property therein described, prior and superior to the lien or charge of the deeds of trust
first above described.
(2) That City would not consent to the Amended and Restated Easements
without this SUBORDINATION AGREEMENT.
(3) That this agreement shall be the whole and only agreement with regard to
the subordination of the lien or charge of the deeds of trust first above mentioned to the
Amended and Restated Easements in favor of the City above referred to and shall
supersede and cancel, but only insofar as would affect the priority between the easement
and deeds of trust hereinbefore specifically described, any prior agreement as to such
subordination including, but not limited, those provisions, if any, contained in the deeds
of trust first above mentioned, which provide for the subordination of the lien or charge
thereof to another deed or deeds of trust.
DATED: ®�
BIG CANYON COUNTRY CLUB
By: —C -
Fos r, r [dent
1
By: 11 /
Its: 4SSr5Tan; Seer^efgry
LA JOLLA BANK, FSB
>t
By.
Its: V \CX_ tN_ Q "an—of raT+ons
CALIFORNIA ALI�PURPOSE ACKNOWLEDGMENT
State of California
} as.
County of non �� iri �o J
On l 1 ui31 before me, i'SCC QI 1 �' TnAOC � LC
Date Narre and Tale of OMCer (e.g.,'Jene ,Notary Publk')
personally appeared
STEPhi IE ROLES
Commission * 1370849
Notary Fabric - californis i
San tidsgo County
xycomr,. Exv4aysr4g 1e.2aae
'jtpersonaily known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(o whose name( #) is/am—subscribed
to the within instrument and acknowledged to me that
he/slaaAbey executed the same in his/Iterf"r
authorized capactly(iea) and that by his/herhftetr
signature( on the instrument the person(), or the
entity upon behalf of which the person() acted,
executed the instrument.
WITNESS my h an o tcta I.
Race Notary seal Above
Signeaire of Notary PuNic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �A��
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer — Tttte(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Number of Pages:
Signer's Name:
M
Individual
Corporate officer — Tiffe(s): _
Partner —❑ Limited ❑ General
❑ Attomey in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ,y y7 y,�
On before me, 16. / l. fil� ln dA A
Oats ,I Name vd Tnle�W Olrrar(e.9..'�^e .Notary PWC3
personally appeared
� 11 U�)nt2�1E1Q IL�C[DmrQB �S ,
IAAR1f MC CAMMON
Corm *wn N 14611 is
MyCamn. rVRnApr4
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personW whose name(a) iy/W
subscribed to the within instrument and
acknowledged to me that he(efjeft u executed
the same in 4lsfhedtheir authorized
capacily(is4, and that by #rs/heri�Sll
signature(;;) on the instrument the person(§), or
the entity upon behalf of which the person(j)
acted, executed the instrument.
OPTIONAL
my hand
Though the information below fs not required bylaw, h maypmve valuable to persons relying on the document and could prevent
fraudulent removal and reatfachment of this loan to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: iffiNam
• Individual Top of thumb "re
• Corporate Officer — Title(s):
• Partner -0 Limited O General
• Ahomey -in -Fact
• Trustee
• Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 Naibnel Notary Association • 9350 De Solo Me.. P.O. Box 2402 • Chalswa06, CA 91313 -2402 • www.na0aie0wtary.oq Prod W. 5907 Reo : CA Tall -Free 190081 &6027
4' 3�9(p2�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
May 29, 2007
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
Attached for recordation is a Quitclaim Deed and Partial Termination of
Easement to Big Canyon Country Club.
Please record the enclosed document and return it to the City Clerk's Office.
Thank you.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
Encl.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
May 25, 2007
To: (1) City Clerk
FROM: Public Works, Engineering
SUBJECT: Quitclaim Deed and Partial Termination of Easement
Attached is the following:
1. Original of Quitclaim Deed and Partial Termination of Easement including:
a. Quitclaim Deed and Partial Termination of Easement
b. Legal Description
c. Exhibit
d. Notary Page
The Public Works Department has reviewed the Quitclaim Deed and Partial
Termination of Easement and has found it to be in order.
Action requested:
1. City Clerk
a. Notarize City Councilmember Don Webb's signatures.
b. Route documents to County Recorder's Office for recordation.
Mike Sinacori
Principal Civil Engineer
F:AU roWPBWWhamMENCROACHtGRANT OF EASEMENT\Tmns -Oust GalmBlg CanyanAm
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P O Box 1768
Newport Beach CA 92658 -8915
EXEMPT RECORDING REQUEST PER
GOVERNMEM CODE 27383
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 April 20 2007 ( "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
By: tom. //",
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
THE CITY OF NEWPORT BEACH
By:
Don Webb, Mayor
For the City of Newport Beach
By: &k�
LaVonne Harkless, City Clerk
For the City of Newport Beach
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.
'1�LDEN &
SSOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949-660-0418
ESMT I-QC
EXHIBIT "A"
LEGAL DESCRIPTION
W.O. No. 1140- 369 -001 Date: 04104/2006
Engr.B.JW. Chk'd. J.W. Sheet 1 of 1
0
0
N
II
w �
J
Q
U
N
100
O�
i
�O•
G�
Af No. 7914
Exp. 12 -31 -07
�O.
fi# /
MyWSOC &
SSOCIATES
EXHIBIT "B"
S 50'37'09"
15.00'
IU o
Iq cv �
UI `ry of
III � N
W OI°
I �
PORTION 10' SEWER
EASEMENT "PARCEL 1"
PER BK. 9631, PG. 492, O.R.
TO BE QUITCLAIMED
1
�O'
�pG&
CIVIL ENGMERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUrrE B •B2VM, CA 92614 -6236
(949) 660-0110 FAX: 660 -0418
1
�O.
G�
EXHIBIT "B"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
ESMT I
W.O. No. 1140 - 369 -001 Date 04/03/06
Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2
STATE OF CALIFORNIA
COUNTY OF ORANGE
ss:
}
On G Z 2000, before me, JU
fln i &bh personally known to me
personally appeared _
to be the person(Wwhose name(sf is /aye subscribed to the within instrument and acknowledged to me that he /s)ae bw
has executed the same in his/tWthpir authorized capacity i, and that by his /I}ef/tbelr signature(Kon the instrument the
person�%yor the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
.L.11 ..Ir /+' LL .v r�
i
Notary Public in al f—or'sTid —tate �
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)
QUITCLAIM DEED
11601 lir�llili I, "lLo,4,
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Big Canyon Country Club, a California non -profit corporation (the "Grantor") hereby quitclaims to the City
of Newport Beach, a municipal corporation:
All of Grantor's right, title and interest In and to that certain real property located in the County of Orange,
State of California, and described in Exhibit A to that certain Highway Easement Deed recorded on
November 5, 1997 as instrument no. 1997 - 0560731 in the Official Records of Orange County, which real
property Is more particularly described In Exhibit A attached hereto and by this reference incorporated
herein.
This grant is made subject to all matters of record or which would be apparent by a survey of the property.
Dated .J
13CCC -City awtclaim Deed.doc
BIG CANYON COU RY CLUB
a Califo i non-pr I orporation
By:
Its President
By. 7t /
Its Secretary
THE INSTRUMENT FILED FOR RECORD BY
FIRST AMERICAN TITLE COMPANY AS AR ACCOMMODATION
ONLY, R HAS NOT BEEN EXAMINED AS To ITS EXECUTION •
OR AS TO ITS EFFECT UPON TITLE.
This Document was electronically re§orded by
FI
First American Title C -Je;q r1
suawwsrorto�tfmaEHr
d�
/ f
Recorded in Official Records, Orange County op
—AC,
Tom Daly, Clerk- Recorder i—A V l
1
RECORDING REQUESTED BY AND
111111111II11IlIWB1lpY IffiNi 68.00 1
WHEN RECORDED RETURN TO:
)
2007000376655 11:15am 06/13/07
City Clerk
)
119 59 Q01 15
0.00 0.00 0.00 20.00 42.00 0.00 0.00 0.00
City of Newport Beach
)
3300 Newport Blvd.
)
1
Newport Beach, CA 92663
)
t'
(Space Above for Recorder's Use)
QUITCLAIM DEED
11601 lir�llili I, "lLo,4,
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Big Canyon Country Club, a California non -profit corporation (the "Grantor") hereby quitclaims to the City
of Newport Beach, a municipal corporation:
All of Grantor's right, title and interest In and to that certain real property located in the County of Orange,
State of California, and described in Exhibit A to that certain Highway Easement Deed recorded on
November 5, 1997 as instrument no. 1997 - 0560731 in the Official Records of Orange County, which real
property Is more particularly described In Exhibit A attached hereto and by this reference incorporated
herein.
This grant is made subject to all matters of record or which would be apparent by a survey of the property.
Dated .J
13CCC -City awtclaim Deed.doc
BIG CANYON COU RY CLUB
a Califo i non-pr I orporation
By:
Its President
By. 7t /
Its Secretary
THE INSTRUMENT FILED FOR RECORD BY
FIRST AMERICAN TITLE COMPANY AS AR ACCOMMODATION
ONLY, R HAS NOT BEEN EXAMINED AS To ITS EXECUTION •
OR AS TO ITS EFFECT UPON TITLE.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
i
On _d before me, 112)� k
personally appeared.//!f,%
MWMG CA/ 41111
CarrteMMtani1N11U
NOIoIH t'1M11C • CtiblrMo
MVA'YMCCAM M M
camomm 1 1441118
LT, N*w haft • CoMlwny
WOMM• rMApr4
Apersonally known to me
❑ proved to me on the
evidence
basis of satisfactory
to be the person(/) whose name(f) jWare
subscribed to the within instrument and
acknowledged to me that OsAakhey executed
the same in bl8fherltlaeir authorized
capacity(ier), and that by his herkheIT
signaturep) on the instrument the person(s), or
the entity upon behalf of which the person(jr)
acted, executed the instrument.
hand and
OPTIONAL
Though the infomraeon Wow is not required by law, it my prove valuable to persona relying on the document and could prevent
haudulent removal and reattachment or this form to anotherdocvment
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual Top of Mumb here
❑ Corporate Officer — Title(s):
• Partner — ❑Limited 0General
• Attomey -in -Fact
• Trustee
• Guardian or Conservator
• Other.
Signer Is Representing:
01939 tUhorel NClery Aama4lpn• 995ena Solo AVe..F.O. BOV PaM•ClwlswwlR CA91313 &02•wwxna9wxlnolaryag pw.N M7 eamtla:CN9oFF,wldro.WSE997
STATE OF CALIFORNIA
COUNTY OF ORANGE
On S d before me, me,LYlJt/Ytdhi . Notary Public,
personally appeared:/ ;H Y. Ub1)2�£t5
NAME(S) OF SIGNER(S)
personally known to me - OR
�MWMCCA MION
Caa1lrlYrlon s twnu
f4awy thAltio - caftimb
Orarlpl►Coutllt
tNy Comm, bow Apr ft,
❑ proved to me on the basis of satisfactory
evidence to be the person(t) whose
name(#) is/am subscribed to the within
instrument and acknowledged to me that
he/she4hey executed the same in
his/4effteir authorized capacity##, and
mat by hiW}ierRhelr signature(s) on the
instrument the persons), or the entity
upon behalf of which the person(g) acted,
executed the instrument.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law; It
could prevent fraudulent reattachment of this form.
BCOC -City Quitclaim Deed.doc
Witness my hand and official seal.
Title or Type of Document
OPTIONAL SECTION—
CAPACITY CLAIMED BY SIGNER
Though smune does not require the Notary to
fill in the dale below, doing so may prove
Invaluable to persona relying on the document.
❑ INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) O LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
Name of Pereon(s) or ErWtos)
Number of Pages Date of Document
Signer(s) Other Than Named Above
01993 National Notary Association, Canoga Park, CA
ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached quitclaim deed dated Ol 7
2007, from Big Canyon Country Club, a California non profit corporation, to the City of Newport Be h, a
municipal corporation is hereby accepted on the 17 I ' day of /3?.[ 2007, under the authority
delegated to me by Resolution No.11
1W City Council, and Grant c ents to the recordation thereof by its
duly authorized officer.
Dated: A! f - O7
Approved as to form:
BA,L
Q r Robin Clausen, City Attorney
BCC"iy QuildWm Oeed,duc
By: L.
Horner Bludau, City M • ager
Attest By(,2);�-'(-L,,M-
raVbnne M. Harkless, City Clerk
Exhibit A
property Description
BCCCGCAr oWC WM DOWAM
EXHIBIT "A"
ROBERT REIN, WILLIAM FROST & ASSOCIATES
14725 Alton Parkway
Irvine, California 92718
August 15, 1997
JH 32581 -01
Page 1 of 1
LEGAL DESCRIPTION
MACARTHUR BOULEVARD
RIGHT -OF -NAY
PARCEL 101345 -1
That certain parcel of land situated in the City of Newport Beach, County of Orange,
State of California, being that portion of Lot 2 of Tract No. 12105 as shown on a map
thereof filed in Book 553, Pages 11 through 16 of Miscellaneous Maps in the Office of
the County Recorder of said Orange County, lying easterly of the following described
line:
BEGINNING at a point in that certain course in the easterly line of said Lot 2 shown
as "North 11 047'00" West 676.38 feet" on said map, distant thereon North 11 047140" West
102.61 feet from the southerly terminus thereof; said point being a point of cusp with
a curve concave westerly and having a radius of 2332.00 feet, a radial line of said
curve from said point bears South 78 012'20° West; thence along said curve southerly
1117.50 feet through a central angle of 27 027123" to said easterly line of Lot 2.
CONTAINING: 0.212 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
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EXHIBIt "A"
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
14725 Alton Parkway
Irvine, California 92718
August 15, 1997
JN 32581 -02
Page 1 of 1
LEGAL DESCRIPTION
MACARTHUR BOULEVARD
Parcel 101346 -1
Right -of -Way
That certain parcel of land situated in the City of Newport Beach, County of Orange,
State of California, being that portion of Block 92 of Irvine's Subdivision as shown
on a map .thereof filed in Book 1, Page 88 of Miscellaneous Record Maps bounded westerly
by the easterly right -of -way line of MacArthur Boulevard (100 feet wide) as described
in Parcel 2 of a deed to the State of California recorded July 25, 1940 in Book 1047,
Page 557 of Official Records, bounded northerly by the general southerly line of Parcel
300204 as described in a Grant of Easement to the State of California, recorded
September 6, 1996 as Instrument No. 19960457295 of Official Records, bounded southerly
by the northerly line of Tract No. 14533 as shown on a map thereof filed in Book 710.
Pages 34 through 37 of Miscellaneous Maps all in the Office of the County Recorder of
said Orange County and bounded easterly by the following described line:
BEGINNING at the northwesterly corner of Lot "G" of said Tract No. 14533, said
northwesterly corner being on a curve concave northwesterly and having a radius of
2468.00 feet, a radial line of said curve from said point bears North 73 040'15" West;
thence along the northeasterly continuation of said curve 1211.42 feet through a
central angle of 28 °07125% thence tangent from said curve North 11 047'40 West 276.52
feet to the beginning of a tangent curve concave easterly and having a radius of
5988.00 feet; thence along said curve northerly 287.62 feet through a central angle
of 02 °451080; thence tangent from said curve North 09 002133" West 648.96 feet to the
beginning of a tangent curve concave westerly and having a radius of 6012.00 feet;
thence along said curve northerly 240.62 feet through a central angle of 02 017135" to
said general southerly line of Parcel 300204.
EXCEPTING THEREFROM said Parcel 300204 as described in the Grant Easement to the State
of California.
CONTAINING: 1.357 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B• attarjja�_ and by this reference made a
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EXHIBIT "A"
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
14725 Alton Parkway
Irvine, California 92718
August 15, 1997
JN 32581 -03
LEGAL DESCRIPTION Page 1 of 1
MACARTBUR BOULEVARD
RIGHT -OF -WAY
PARCEL 101348 -1
That certain parcel of land situated in the City of Newport Beach, County of Orange,
State of- California, being that portion of Black 92 of Irvine's Subdivision as shown
on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office
of the County Recorder of said Orange County, bounded northwesterly by the
southeasterly right -of -way line of MacArthur Boulevard (100 feet wide) as described in
a deed to the State of California recorded July 25, 1940 in Book 1047, Page 557 of
Official Records, bounded southwesterly by the northeasterly line of Parcel 2 of Parcel
Map No. 84 -705 as shown on a map thereof filed in Book 189, Pages 6 through 16 of
Parcel Maps, bounded northeasterly by the southwesterly line of Tract No. 14533 as
shown on a map thereof filed in Book 710, Pages 34 through 37 of Miscellaneous Maps all
in said Office of the Orange County Recorder and bounded southeasterly by the following
described line:
COMMENCING at the northeasterly terminus of that certain course in the northwesterly
line of said Parcel 2 shown as "North 51 °55155" East 562.92 feet" on said map; thence
along the northeasterly prolongation of said course North 51 056124" East 61.48 feet to
the beginning of a tangent curve concave northwesterly and having a radius of 2460.00
feet; thence along said curve northeasterly 455.86 feet through a central angle
of 10 °31'03" to the TRUE POINT OF BEGINNING; thence continuing along said curve
northeasterly 245.91 feet through a central angle of 05 043139" to the southwesterly
line of said Tract No. 14533.
CONTAINING: 0.138 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
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GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO
WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: MARY MC CAMMON
DATE COMMISSION EXPIRES: APR 6, 2008
COUNTY WHERE BOND IS FILED: ORANGE
COMMISSION NUMBER: 1481118
MANUFACTURERNENDOR NUMBER: NNAI
PLACE OF EXECUTION: ORANGE
DATED: 5 -13 -07
SIGNATURE:
_ (3s6�1o� -Zvo��
COUNCIL
.- - j.VIRT BEACH
2r�' ;:job CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
APPROVED 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 Sewer Main Improvements and
Big Canyon Trunk Sewer Replacement - Award of Contract No. 3562
Ap0125,2006
Page: 2
8. 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 - 0510008.
DISCUSSION:
At 11:00 a.m. on April 6, 2006 the City Clerk opened and read the following bids for this
project:
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.
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 Variouse6ewer 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 Variou*Sewer Main Improvements and
Big Canyon Trunk Sewer Replacement — Award of Contract No. 3562
Apri125,2006
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
Bia 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 *ewer Main Improvements and
Big Canyon Trunk Sewer Replacement— Award of Contract No. 3562
Apri125,2006
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
Canyon Fairways
December 8, 2005
Board Presentation - Project Overview,
review of private sewer issues /easement
Canyon Hills
January 18, 2006
2 nd 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 Sewer Main Improvements and
Big Canyon Trunk Sewer Replacement - Award of Contract No. 3562
April 25,20D6
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 Sewer Main Improvements and
Big Canyon Trunk Sewer Replacement — Award of Contract No. 3562
April 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 Tru k Sewer Replacement. The attached Budget Amendment
appropriates $3,382,67070 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 b
Mic ael J. Sinacori, P.E.
Principal Civil Engineer
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
Badum
.s Director
Attachments: Bid Summ 'ry
Letter Agre6ment 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, *5 Council Report — Reimbursement Agreement with OCSD for Big
Canyon Tnjnk Sewer Replacement
L
0
Attachment 1 to Council Report
Bid Summary
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005.2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerk's Office- City Hall
CONTRACT NO.: C3562 DATE: 04/06/2006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
isw5Ea51P8NM14, arealCamvastFl 'Qf90105005vwertMa ft rMg G,WT MGS56 WD SUI Y. sWMen 1-0
Engineers Estimate
Beador Construction, Co.
Vadnais Corporation
Mladen Buntich Construction, Inc.
ITEM
DESCRIPTION
QUANTI
UNIT
UNITCOST
AMOUNT
UNIT COST
AMOUNT
UNITCOST
AMOUNT
UNrr COST
AMOUNT
Al
Mobilization, Demobilization and Cleanup
1
LS
$300,000.00
$300,000.00
$251,390.00
$251,390.00
$150,000.00
$150,000.00
5778,000.00
$178,000.00
A2
Traffic Control
1
LS
$25,000.00
$25,000.00
$150,000.00
$150,000.00
$26,000.00
$26,000.00
$15,000.00
$15,100.00
A3
Construct 15 "VCP Sewer per OCSD Std. Owg. S -010
5,000
LF
$135.00
$675,000.00
$130.00
$650,000.00
$150.00
$750,000.00
$200.00
$1,000,00 0
A4
Construct 12" VCP Sewer per OCSD Std. Dwg. S -010
465
LF
$125.00
$58,125.00
$85.00
$39,525.00
$150.00
$69,750.00
$195.00
$90,6
A5
Construct 8" VCP Sewer per OCSO Std. Owg. S -010
1,000
LF
$110.00
$110,000.00
$100.00
$100,000.00
$200.00
$200,000.00
$190.00
$190,000.00
AS
Cleaning and Preliminary CCTV Inspection of Existing
12 "VCP Sewer Main
770
LF
$6.00
$4,620.00
$3.50
$2,695.00
$13.00
$10,010.00
$3.00
$2,310.00
A7
Install CIPP Lining Within Existing 12" VCP Sewer
Main Including Post - Installation CCTV Inspection
795
LF
$100.00
$79,500.00
$77.00
$61,215.00
$135.00
$107,325.00
$65.00
$51,675.00
AS
Install 36" Steel Casing (t =0.50) per OCSD Std. Dwg.
S -030
382
LF
$400.00
$152,800.00
$1,300.00
$496,600.00
$1,000.00
$382,000.00
$1,100.00
$420,200.00
A9
Install 15" VCP "No -Dig" Within 36" Steel Casing per
OCSD Std. Dwg. S -030
400
LF
$200.00
$80,000.00
5300.00
$120,000.00
$160.00
$64,000.00
$225.00
$90,000.00
A10
Construct Manhole (A =60 ", C =36 ") per OCSD Std.
Dwg. S -050 8 S-053
10
EA
$12,000.00
$120,000.00
$14,000.00
$140,000.00
$16,000.00
$160,000.00
$10,000.00
$100,000.00
All
Construct Manhole (A =60 ", C =24 ") per OCSD Std.
Dwa. S -050 8 5-053
8
EA
$12,000.00
$96,000.00
$14,000.00
$112,000.00
S16.000.00
�22R'� q0q0100
$10,000.00
$80,000.00
Al2
Construct Modified Manhole (A =84 ", w/ 24" 8 36"
Covers r OCSD Std Dw . S-050 8 S -053
1
EA
$20,000.00
$20,000.00
$22,000.00
$22,000.00
$22,000.00
$22,000.00
$18,000.00
$18,000.00
A13
Construct Water -Tight Manhole (A =60", C =24 ") per
OCSD Std. Dwg. S-0508 S-054
1
EA
$12,000.00
$12,000.00
$12,000.00
$12,000.00
$18,000.00
$18,000.00
$10,000.00
$10,
A14
Remove Existing Temporary Plug
4
EA
575.00
$300.00
$600.00
$2,400.00
$1,500.00
$6,000.00
$1,000.00
$4,000.00
A15
Construct Vortex Drop Structure in New Manhole
(A =84 ")
1
EA
$30,000.00
$30,000.00
$60,000.00
$60,000.00
$70,000.00
$70,000.00
$25,000.00
$25,000.00
A16
Remodel Existing Sewer Manhole Base for New
Pipe(s)
5
EA
$3,500.00
$17,500.00
$3,300.00
$16,500.00
$3,300.00
$16,500.00
$3,500.00
$17,500.00
A17
Construct 6" PCC Path w/ W.W.M.
12,750
SF
$10.00
$127,500.00
$5.00
$63,750.00
$6.00
$76,500.00
$6.00
$76,500.00
A18
Construct 6 "Curb
375
LF
$35.00
$13,125.00
$27.00
$10,125.00
$32.00
$12,ODO.00
$40.00
$15000.00
A19
Construct Manhole per City of Newport Beach Std.
Dwg. STD -112 -L and Std. Dwg STD -401 -L
5
EA
$4,500.00
$22,500.00
$6,600.00
$33,000.00
$8,500.00
$42,500.00
$3,300.00
$16,500.00
A20
Relocate Existing S" Waterfall Force Main Around
New Sewer
1
LS
$10,000.00
$10,000.00
$15,000.00
$15,000.00
$14,000.00
$14,000.00
$4,000.00
$4,000.00
A21
Remove and Dispose Existing Sewer Manhole
31
EA
$7,000.00
1 $21,000.001
$1,700.00
$5,100.00
$4,000.00
$12,000.00
$3,000.00
$9,000.00
A22
Remove Existing VCP as Required
1
LS
$4,500.00
$4,510.00
58,300.00
$8,300.00
$3,500.00
$3,500.00
$5,000.001
$5,000.00
isw5Ea51P8NM14, arealCamvastFl 'Qf90105005vwertMa ft rMg G,WT MGS56 WD SUI Y. sWMen 1-0
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerks Office - City Hall
CONTRACT NO.: C-3562 DATE: 041062OD6 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
F:WSEflSF8w3TareE�Cwa+nrLLY 650TOSg8 S»vt"a "- WgCanp Tvk PSSBTBID SlNd4NY,af BWan 1 -3
Engineers Estimate
Beador Construction, Co.
Vadnals Corporation
Mladen Buntich Construction, Inc.
ITEM
DESCRIPTION
OUANTIn
UNIT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
A23
Abandon Existing Sewer Manhole per Specifications
22
EA
$3,500.00
$77,000.00
$2,800.00
$61,600.00
$1,700.00
$37,400.00
$1,100.00
$24,200.00
A24
Cleaning and Abandon Existing VCP per
Specifications
7,075
LF
$45.00
$318,375.00
54.00
$28,300.00
$1.00
$7,075.00
$4.00
$2 -;QQM 0
A25
Remove and Replace or Protect In Place Existing
Water Lines
1
LS
$35,000.00
$35,000.00
$30,000.00
$30,000.00
$26,000,00
$26,000.00
$15,000.00
$15.www
A26
Remove and Replace or Protect in Place Existing
Irrigation, Electrical and Communication Lines
1
LS
$35,000.00
$35,000.00
547,000.00
$47,000.00
$51,000.00
$51,000.00
$45,000.00
$45,000.00
A27
Remove and Replace or Protect in Place Existing
Sand Bunker (Trap)
1
LS
$35,000.00
$35,000.00
$7,000.00
$7, 000.00
$3,500.00
$3,500.00
$4,500.00
$4,500.00
A28
Remove and Replace or Protect in Place Existing
Green
1
LS
$35,000.00
$35,000.00
56,000.00
S6,000.00
510;000.00
$10,000.00
$8,500.00
$8,500.00
A29
Remove and Replace or Protect in Place Existing
Fairvrd
1
LS
$35,000.00
535,000.00
$83, 000.00
$83,000.00
$37,000.00
$37,000.00
$150,000.00
$150,000.00
A30
Remove and Replace or Protect in Place Existing Tee
Box
1
LS
$35,000.00
$35,000.00
$5,500.00
55,500.00
$14,000.00
$14,000.00
$3,000.00
$3,000.00
A31
Remove and Replace Existing Landscaping in Kind
1
LS
$35,000.00
$35,000.00
$110,000.00
$110,000.00
$200,000.00
$200,000.00
$5,000.00
$5,000.00
A32
Sawcut and Remove PCC Path
12;750
SF
$3.00
$38,250.00
$2.00
$25,500.00
$1.50
$19,125.00
$3.00
$38,250.00
A33
Protect Existing Tree
1
LS
$10,000.00
$10,000.00
$3,000.00
$3,000.00
$750.00
$750.00
$1,000.00
$1,000.00
A34
Remove Tree
1
EA
$750.00
$750.00
$3,000.00
53,000.00
$3,900.00
$3900.00
$1,500.00
$1,500.00
A35
Sa=ut and Remove Curb
375
LF
$6.00
$2,250.00
$9.00
$3,375.00
$5.00
$1,875.00
$15.00
$5,
A36
Re-abandoned Existing Sewer Manhole
1
EA
$2,500.00
$2.500.00
$3,300.00
$3,300.00
$1,200.00
$1 200.00
$2,000.00
$2,
A37
Rehabilitate Existing Sewer Manhole
135
VF
$210.00
$28,350.00
$325.00
$43,875.00
$160.00
$21,600.00
$285.00
$38,4
A38
APC Placement
60
SY
$75.00
$4,500.00
$285.00
$17,100.00
$230.00
$13,800.00
$200.00
$12,000.00
A39
Preparation of Water Pollution Control Plan
1
LS
$7,500.00
$7,500.00
$10,000.00
$10,000.00
$19,000.00
$19,000.00
$10,000.00
$10,000.00
A40
Construction Surveying
1
LS
$50,000.00
$50,000.00
$27,500.00
$27,500.00
$28,000.00
$28,000.00
$45,000.00
$45,000.00
A41
Trench Excavation Safety Measures and
,Implementation
1
LS
$150,000.00
$150,000.00
$11,000.00
$11,000.00
$18,000.00
$18,000.00
$10,000.00
$10,000:00
A42
Slurry Fill Existing 15" VCP
3
CY
$75.00
$225.00
$750.00
$2,250.00
$700.00
$2,100.00
$1,200.00
$3,600.00
A43
Prepare As -Built Plans
1
LS
$2,000.00
$2,000.00
$5,500.00
$5,500.00
$260.00
$260.00
$500.00
$500.00
A44
Construct Drop Manhole w/ 2 -6" drops per City of
Newport Beach Std. Dwg. STO -112 -L 8 Std. thug
STD -401 -L
1
EA
$8,000.00
$8,000.00
$10,000.00
$10,000.00
$13,000.00
$13,000.00
$8,500.00
$8,500.00
Subtotal for Items Al -A44
$2 924 170.00
$2,915,400.00
.uS2`86$T67,Oi00
$2 678 310.00
F:WSEflSF8w3TareE�Cwa+nrLLY 650TOSg8 S»vt"a "- WgCanp Tvk PSSBTBID SlNd4NY,af BWan 1 -3
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerk's Office - City Hall
CONTRACT NO.: C3562 DATE: 0410612006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,066.00 BY: Andy Tmn CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
F:WSERSFOWSUrvTCaNnnalFY O10EVJ9-0OSe..n lNin Mp-BIO CVyw,T,W, WSOSflIDSD1RM11Y.tl +ffl r"IJ
Engineer's Estimate
Beador Construction, Co.
Vadnais Corporation
Mladen Buntich Construction, Inc.
ITEM
DESCRIPTION
UAN
UNIT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
81
Mobilization, Demobilization and Cleanup
1
LS
$65,000.00
$65,000.00
$75,622.00
$75,622.00
$20,000.00
$20,000.00
$10,000.00
$10,000.00
82
Traffic Control
1
LS
$12,000.00
$12,000.00
$60,000.00
$60,000.00
$69,000.00
$69,000.00
$5,000.00
$5,000.00
B3
Cleaning, Pre- and Post- Installation CCTV Inspection
8,376
LF
$3.00
$25,128.00
$5.00
$41,880.00
$4.00
$33,504.00
$3.00
$25,128.00
of Existing 8-Inch VCP Sewer Including Locating
Existing Sewer Laterals
B4
Install CIPP Lining Within Existing 8" VCP (Intl. C.I.&
8,376
LF
$55.00
$460,680.00
$40.00
$335,040.00
$45.00
$376,920.00
536.00
$301,536.00
S11. Pie ) Sewer Main
B5
Re- establish Sewer Lateral Service Connection by
236
EA
$100.00
$23,600.00
$230.00
$54,280.00
$330.00
$77,880.00
$205.00
$48,380.00
Remote Cutting Device
B6
Fumisldlnstall 48 -Inch Diameter Manhole per CNB
13
EA
54,500.00
$58,500.00
$6,500.00
$84,500.00
$8,000.00
$104,000.00
54,000.00
$52,000.00
STD401 -L
B7
Furnlshllnstall Sewer Lateral Pipe per CNB STD -406-
279
LF
$45.00
$12,555.00
$100.00
$27,900.00
$135.00
$37,665.00
$145.00
$40,455.00
L Use VCP in lieu of SDR.35 PVC Pipe)
B8
Fumishfinstall Sewer Lateral Cleanout per CNB STD-
18
EA
$150.00
$2,700.00
$610.00
$10,980.00
$2,300.00
$41,400.00
$1,800.00
$32,400.00
406 -L
B9
Fumish/Install 8" VCP Sewer Incl. Trenching,
307
LF
$100.00
$30,700.00
$180.00
$55,260.00
$215.00
$66,005.00
$400.00
$122,600.00
Bedding, Backfill and Subgrade Preparation
B10
Remove/Reconstruct 8" VCP Sewer Incl. Pavement
625
LF
$100.00
$62,500.00
$80.00
$50,000.00
$175.00
$109,375.00
$410.00
$256,250.00
Removal, Trenching, Bedding, Backfilling & Subgrade
Preparation
B11
FurnishlInstall 12" VCP Sewer Incl. Pavement
695
LF
$125.00
$86,875.00
$88.00
$61,160.00
$190.00
$132,050.00
$425.00
$295,375.00
Removal, Trenching, Bedding, Backfilling & Subgrade
Preparation
Bit
Reconstruct AC Pavement Section per CNB STO -105
5,360
SF
$9.50
$50,920.00
S11.00
$58,960.00
$7.00
$37,520.00
$9.00
$48,
L -B
B13
Reconstruct PCC Pavement Section per CNB STD-
4,810
SF
$15.00
$72,150.00
$18.01)
$86,580.00
$10.00
$48,100.00
$13.00
$62,530.00
105 -L -B, 140 9141
B14
Pipe Burst Existing 8" CIP or VCP Sewer & Install 8"
145
LF
$200.00
$29,000.00
$200.00
$29,000.00
$145.00
$21,025.00
$210.00
$30,450.00
HDPE SDR 17 Sewer Main & Fittings
B15
Fumish/Install Terminal Sewer Cleanout per CNB
3
EA
$500.00
$1,500.00
$3,000.00
S9,000.00
$1,500.00
$4,500.00
$2,500.00
$7,500.00
STD -400 -L
B16
Remove and Reconstruct 4" PCC Sidewalk per City
1,932
SF
55.00
$9,660.00
$9.00
$17,388.00
$17.00
$32,844.00
$10.00
$19,320.00
STD -180 -L
B17
Remove and Reconstruct PCC Curb and Gutter (to
40
LF
$30.00
$1,200.00
$85.00
$3,400.00
$190.00
$7,600.00
$100.00
$4,000.00
Match Existing) per City STO-182 -L
818
Fumish /install Sewer Chimney Lateral w/ Cleanout
2
EA
S750.00
51,500.00
$3,000.00
$6,000.00
$2,900.00
$5,800.00
$4,000.00
$8,000.00
B19
Remove and Dispose Existing Lamphole /Cleanout
5
EA
$500.00
$2,500.00
S1,750.00
$8,750.00
5900.00
$4,500.00
$3,100.00
$15,500.00
F:WSERSFOWSUrvTCaNnnalFY O10EVJ9-0OSe..n lNin Mp-BIO CVyw,T,W, WSOSflIDSD1RM11Y.tl +ffl r"IJ
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerk's Office - City Hall
CONTRACT NO.: C3562 DATE: 041062006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
As -Bid Amount
F=ER�nE1CWmde1FY 45081 9S Win Iry Wg Cel T, O] =10 SLI RY.tl &Eden 1.3
I1111111 :. : I I 0000�'L1E'b/F.
$4,170,238.00
Engineers Estimate
Beador Construction, Co.
Vadnais Corporation
Mladen Suntich Construction, Inc.
ITEM
DESCRIPTION
UANTI
UN17
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNIT COST
I AMOUNT
UNITCOST
I AMOUNT
B20
Remove and Dispose Existing Manhole
3
EA
$3,750.00
$11,250.00
$3,000.00
$9,000.00
54;100.01)
$12,300.00
$6,200.001
$18,600.00
B21
Abandon Existing Manhole
1
EA
$1,500.00
$1,500.00
$3,000.00
S3,0D0.00
$1,60D.00
$1,600.00
S3.1013.001
$3,100.00
822
Join Existing Manhole and Reconstruct Base for New
Pipe as Directed by City Inspector
2
EA
$5,000.00
$10,000.00
$3,300.00
56,600.01)
$3,200.00
$6,400.00
$3,500.00
$7, 00
B23
Plug 8 Abandon Existing 8" VCP Sewer
1
EA
$500.00
$500.00
$3,000.00
$3,000.00
51,70D.00
$1,700.00
$2,500.00
$2,
824
Construction Surveying
1
LS
$20,000.00
$20,000.00
$16,500.00
$16,500.00
529,000.00
$29,000.00
$5,0DDMD
$5,000.00
825
Trench Excavation Safety Measures and
Implementation
1
LS
$5,000.00
$5,000.00
$11,000.00
511,1300.130
$11,000.00
$11,000.00
$5,000.00
$5,000.OD
B26
jPrepare As -Built Plans
1
LS
$5,000.00
$5,000.00
$5,500.00
55,500.00
$300.00
$300.00
$500.00
$500.00
Subtotal for Items B1 -B26
$1,061,918.00
$1,130,300.00
$1,291,988.00
$1,479,564.00
C1
Mobilization, Demobilization and Cleanup
1
LS
$2,000.00
$2,000.00
$1,700.00
$1,700.00
$9,000.00
$9,000.00
$1,000.00
$1,000.00
C2
Install CIPP Lining Withing Existing 12" Diameter
Stone Drain Including Pre - Installation CCTV, Cleaning
and Post - Installation CCTV Inspection (@ Buck
Gulley Lift Station)
22
LF
$100.00
$2,200.00
$250.00
$5,500.00
$275.00
$6,050.00
$215.00
$4,730.00
C3
Install CIPP Lining Withing Existing 15" Diameter
Storm Drain Including Pre - Installation CCTV, Cleaning
and Post - Installation CCTV Inspection (@ 225 Canal
Street)
93
LF
$100.00
$9,300.00
$100.00
$9,300.00
$110.00
$10,230.00
$95.00
$8,835.00
C4
jPrepare As -Built Plans
1
LS
1 $500.001
$500.001
$1,100.001
$1.1DO.001
$300.00
1 $300.00
$525.00
$525.00
Subtotal for Items Cl-C4
1
1 $14,000.001
1 $17,600.001
1 $25,580.00
$15,090.00
As -Bid Amount
F=ER�nE1CWmde1FY 45081 9S Win Iry Wg Cel T, O] =10 SLI RY.tl &Eden 1.3
I1111111 :. : I I 0000�'L1E'b/F.
$4,170,238.00
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerks Office - City Hall
CONTRACT NO.: C3562 DATE: 0410MOD6 TIME: 11,00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Train CHECKED: DATE:
PROJECT MANAGER: Mike Sinaccri
F.IuSERSIRBw,Aar9 *Kmee1F1' 0598105-05 Sa..e1 LUIn 1 p 1312 Cwym Tv W35 BID SUWM Y.q BiWaft a.5
Engineees Estimate
Colich Construction
Clarke Contracting Corporation
W.A. Raslc Constructlon
ITEM
DESCRIPTION
QUANTI
UN
UN COST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNIT COST
AMOUNT
Al
Mobilization, Demobilization and Cleanup
1
LS
5300;000.00
$300,000.00
$200,000.00
$200,000.00
$38,000.00
$380,000.00
$175,000.00
$175,000.00
A2
Traffic Control
1
LS
$25,000.00
$25,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$10,000.00
$10,000.00
A3
Construct 15" VCP Sewer per OCSO Sid. Owg. S -010
5,000
LF
$135.00
$675,000.00
$270.00
$1,350,000.00
$250.00
$1,250,000.00
$342.00
$1,710,000.00
A4
Construct 12" VCP Sewer per OCSD Std. Dwg. 5 -010
465
LF
$125.00
558,125.00
$170.00
$79,050.00
$240.00
$111,600.00
$350.00
$162,7
A5
Construct 8' VCP Sewer per OCSD Std. Dwg. S -010
1,000
LF
$110.00
$110,000.00
$90.00
$90;000.00
$220.00
$220,000.00
$300.00
$300,000.00
A6
Cleaning and Preliminary CCTV Inspection of Existing
12" VCP Sewer Main
770
LF
$6.00
$4,620.00
$7.00
55,390.00
$3.50
$2,695.00
$3.00
$2,310.00
A7
Install CIPP Lining Within Existing 12" VCP Sewer
Main Including Post - Installation CCTV Inspection
7g5
LF
$100.00
$79,500.00
$185.00
$147,075.00
$75.00
$59,625.00
$73.00
$58,035.00
A8
Install 36" Steel Casing (t =0.50) per OCSD Std. Dwg.
S -030
382
LF
$400.00
$152,800.00
$1,000.00
$382,000.00
$1,150.00
$439,300.00
$490.00
$187,180.00
A9
Install 15" VCP "No -Dig' Within 36" Steel Casing per
OCSD Sid. Dwg. S -030
400
LF
$200.00
$80,000.00
$150.00
$60,000.00
$250.00
$100,000.00
$945.00
$378,000.00
A10
Construct Manhole (A =60 ", C =36 ") per OCSO Std.
DM. S -050 6 S -053
10
EA
$12,000.00
$120,000.00
$14,000.00
$140,000.00
$13,500.00
$135,000.00
$10,500.00
$105,000.00
A11
Construct Manhole (A =60 ", C =24 ") per OCSD Std.
Dw . S-050 8 S-053
8
EA
$12,000.00
$96,000.00
$12,300.00
$98,400.00
$13,200.00
$105,600.00
$9,500.00
$76,000.00
Al2
Construct Modified Manhole (A =84 ", wl 24" 8 36"
Covers Der OCSD Std. Dwg. 5-050 8 5-053
1
FA
$20,000.00
$20,000.00
$25,000.00
$25,000.00
$32,000.00
$32,000.00
$20,000.00
$20,000.00
A13
Construct Water -Tight Manhole (A =60 ", C =24") per
OCSD Std. Dwg. S -050 8 S-054
1
EA
$12,000,00
$12,000.00
$12,800.00
$12,800.00
$13,000.00
$13,000.00
59,700.00
$9,7
A14
Remove Existing Temporary Plug
4
EA
575.00
$300.00
$500.00
$2,000.00
$100.00
$400.00
$200.001
$800.00
A15
Construct Vortex Drop Structure in New Manhole
(A =84"
1
EA
$30,000.00
$30,000.00
$12,000.00
$12,000.00
$30,000.00
$30,000.00
$37,000.00
$37,000.00
A16
IRemodel Existing Sewer Manhole Base for New
Pipe(s)
5
EA
$3,500.00
$17,500.00
$5,000.00
$25,000.00
$1,200.00
$6,000.00
$7,000.00
$35,000.00
A77
lConstruct 6' PCC Path w/ W.W.M.
12,750
SF
$10.00
$127,500.00
$14.00
$178,500.00
$10.00
$127,500.00
$5.00
$63,750.0
A18
Construct T Curb
375
LF
$35.00
$13,125.00
$32.00
$12,000.00
$30.00
$11,250.00
$22.00
$8,250.00
A19
Construct Manhole per City of Newport Beach Std.
Dwg. STD-1 12-L and Std. Dwg STD•401 -L
5
EA
$4,500.00
$22,500.00
$7,000.00
535,000.00
$6,500.00
$32,500.00
$3,500.00
$17,500.00
A20
Relocate Existing T Waterfall Force Main Around
New Sewer
1
LS
$10,000.00
$10,000.00
$55,000.00
$55,000.00
$5,000.00
$5,000.00
$15,000.00
$15,000.00
A21
Remove and Dispose Existing Sewer Manhole
1 3
EA
$7,000.00
1 $21,000.001
$1,300.001
$3.900.001
$1,700.001
$5,100.00
$1,000.00
$3,000.00
A22
Remove Existing VCP as Required
1 11
LS
1 $4,500.00
1 S4,500.001
$5,000.001
$5,000.001
$1,300.001
$1.300.001
$3,000.00
$3,000.00
F.IuSERSIRBw,Aar9 *Kmee1F1' 0598105-05 Sa..e1 LUIn 1 p 1312 Cwym Tv W35 BID SUWM Y.q BiWaft a.5
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerk's Office - City Hall
CONTRACT NO.: C -3562 DATE: 04/0612006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
R: ERSIPBYA9ureEt .d.%n 05a6L5eB ary LW. Irt Wg C". TM GMaaale9 96RY.k Ndg 46
Engineers Estimate
Colich Construction
Clarke Contracting Corporation
WA. Rasic Construction
ITEM
DESCRIPTION
DUANTIn
UNIT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
A23
Abandon Existing Sewer Manhole per Specifications
22
EA
$3,500.00
$77,ODO.00
$1,500.00
$33,000.00
$1,300.00
$28,600.00
$2,000.00
$44,000.00
A24
Cleaning and Abandon Existing VCP per
Specifications
7,075
LF
$45.00
5318,375.00
$1.00
$7,075.00
$2.00
$14,150.00
$4.00
$28,3 0
A25
Remove and Replace or Protect in Place Existing
Water Lines
1
LS
$35,000.00
$35,000.00
$20,000.00
$20,000.00
$20,000.00
$20,000.00
$24,000.00
$24, _
A26
Remove and Replace or Protect In Place Existing
Irrigation, Electrical and Communication Lines
1
LS
$35,000.00
$35,000.00
$75,000.00
$75,000.00
$50,000.00
550,000.00
$50,000.00
$50,000.00
A27
Remove and Replace or Protect in Place Existing
Sand Bunker (Trap)
1
LS
$35,000.00
$35,000.00
$1,000.00
$1,000.00
$500.00
$500.00
$2,500.00
$2,500.00
A28
Remove and Replace or Protect In Place Existing
Green
1
LS
$35,000.00
$35,000.00
$1,000.00
$1,000.00
$500.00
$500.00
$3,500.00
$3,500.00
A29
Remove and Replace or Protect in Place Existing
Fairway
1
LS
$35,000.00
$35,000.00
$1,000.00
$1,000.00
$75,000.00
$75,000.00
$160,000.00
$160,000.00
A30
Remove and Replace Protect in Place Existing Tee
Box
1
LS
$35,000.00
$35,000.00
$1,000.00
$1,000.00
$500.00
$500.00
$2,400.00
$2,400.00
A31
Remove and Replace Existing Landscaping in Kind
1
LS
$35,000.00
$35,000.00
$20,000.00
$20,000.00
$300,000.00
$300,000.00
$20,000.00
$20,000.00
A32 ISawcut
and Remove PCC Path
12,750
SF
$3.00
$38,250.00
$2.00
$25,500.00
$1.70
$21,675.00
$1.00
$12,750.00
A33
Protect Existing Tree
1
LS
$10,000.00
$10,000.00
$100.00
$100.00
$2,000.00
$2,000.00
$600.00
$600.00
A34
Remove Tree
1
EA
$750.00
$750.00
$500.00
$500.00
$1,200.00
$1,200.00
$1,400.00
$1,400.00
A35
Sawcut and Remove Curb
375
LF
$6.00
$2,250.00
S4.00
$1,500.00
$17.00
$6,375.00
55.00
$1,81
A36
Re-abandoned Existing Sewer Manhole
1
EA
$2,500.00
$2,500.00
51,600.00
$1,600.00
$2,400.00
$2,400.00
$700.00
$
A37
Rehabilitate Existing Sewer Manhole
135
VF
$210.00
$28,350.00
585.00
$11,475.00
$325.00
$43,875.00
$300.00
$40,5M
A38
APC Placement
60
SY
$75.00
$4,500.00
$125.00
$7,500.00
$100.00
$6,000.00
$24.00
$1,440.00
A39
Preparation of Water Pollution Control Plan
1
LS
$7,500.00
$7,500.00
5500.00
5500.00
$7,000.00
$7,000.00
$5,000.00
$5,000.00
A40
Construction Surveying
1
LS
$50,000.00
S50,000.00
$15,000.00
$15,000.00
$25,000.00
$25,000.00
$33,000.00
$33,000.00
A41
Trench Excavation Safety Measures and
.Implementation
1
LS
11
$150,000.00
1
$150,000.OD
550,000.00
$50,000.00
$200,000.00
$200,000.00
$35,000.00
$35,000.00
A42
Slurry Fill Existing 15" VCP
3
CY
$75.00
$225.00
$1,300.00
53,90(3.01)
$450.00
$1,350.00
$1,100.00
53,300.00
A43
Prepare As -Built Plans
1
LS
$2,000.00
$2,000.00
$500.00
5500.00
$1,000.00
$1,000.00
$1,200.00
$1,200.00
A44
Construct Drop Manhole w/ 2 - E' drops per City of
Newport Beach Sid. Owg. STD -112 -L & Std. Dwg
STD -401 -L
1
EA
$8,000.00
$8,000.00
$2,000.00
$2,000.01)
58,000.00
$8,000.00
$10,000.00
$10,000.00
Subtotal for Items Al -A44
$2,924,170.00
1 $3.212.265.001
1 $3.897.995.00
$9 858 740.00
R: ERSIPBYA9ureEt .d.%n 05a6L5eB ary LW. Irt Wg C". TM GMaaale9 96RY.k Ndg 46
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Clerks Office - City Hall
CONTRACT NO.: C3562 DATE: 04106/2006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE: .
PROJECT MANAGER: Mike Sinacori
F:WSERSTPSw fedlC d,IFY OS-09WSO8 Sawn Fin O -Wo C"W Tr W, 6156MID VA9 YX%NdMsH
Engineers Estimate
Colich Construction
Clarke Contracting Corporation
W.A. Rosic Construction
ITEM
DESCRIPTION
QUANTIn
UNIT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
B1
Mobilization, Demobilization and Cleanup
1
LS
$65,000.00
$65,000.00
$10,000.00
$10,000.00
$100,000.00
$100,000.00
$50,000.00
$50,000.00
B2
Traffic Control
1
LS
$12,000.00
$12,000.00
$15,000.00
$15,000.00
$24,000.00
$24,000.00
$45,000.00
545,000.00
B3
Cleaning, Pre- and Post- Installation CCTV Inspection
8,376
LF
$3.00
$25,128.00
$4.00
$33,504.00
$3.50
$29,316.00
$4.00
$33,5
of Existing 8 -Inch VCP Sewer Including Locating
Existing Sewer Laterals
B4
Install CIPP Lining Within Existing 8" VCP (Intl. C.I.&
8,376
LF
$55.00
$460,680.00
$60.00
$502,560.00
$42.00
5351,792.00
$40.00
$335,040.00
Sit. Pie ) Sewer Main
B5
Re- establish Sewer Lateral Service Connection by
236
EA
$100.00
$23,600.00
5155:00
$36,580.00
$235.00
$55,460.00
$225.00
$53,100.00
Remote Cutting Device
B6
Furnish/install 48 -Inch Diameter Manhole per CNB
13
EA
$4,500.00
$58,500.00
$5,600.00
572,800.00
$6,000.00
$78,000.00
$3,400.00
$44,200.00
STD-401 -L
B7
Fumishlinstall Sewer Lateral Pipe per CNB STO -406-
279
LF
$45.00
$12,555.00
$255.00
$71,145.00
$220.00
$61,380.00
$100.00
$27,900.00
L Use VCP In lieu of SDR 35 PVC Pipe)
B8
Furnish/Install Sewer Lateral Cleanout per CNB STD-
18
EA
$150.00
$2,700.00
$900.00
$16,200.00
$600.00
510,800.00
$1,500.00
$27,000.00
406-L
B9
Furnish/Install 8" VCP Sewer Incl. Trenching,
307
LF
$100.00
$30,700.00
$310.00
$95,170.00
$225.00
$69,075.00
$435.00
$133,545.00
Bedding. Backfill and Subgrade Preparation
B10
Remove /Reconstruct 8" VCP Sewer Incl. Pavement
625
LF
$100.00
$62,500.00
$150.00
$93,750.00
$245.00
$153,125.00
$400.00
$250,000.00
Removal, Trenching, Bedding, Backfilling & Subgrade
.Preparation
Bit
Furnish/Install 12" VCP Sewer Incl. Pavement
695
LF
5125.00
$86,875.00
S170.00
$118,150.00
$160.00
$125,100.00
$240.00
$166,800.00
Removal, Trenching, Bedding, Backfilling & Subgrade
Preparation
812
Reconstruct AC Pavement Section per CN8 STD-105.
5,360
SF
$9.50
S50,920.00
$6.00
$32,160.00
$15.00
$80,400.00
$14.00
$75,0
L -B
B13
Reconstruct PCC Pavement Section per CNB STD-
4,810
SF
$15.00
$72,150.00
$10.00
$48,100.00
$18.00
$86,580.00
$8.00
$38,480.00
105-L-B. 140 &141
B14
Pipe Burst Existing 8" CIP or VCP Sewer & Install 8"
145
LF
$200.00
$29,000.00
$150.00
$21,750.00
$225.00
$32,625.00
$700.00
$101,500.00
HOPE SDR 17 Sewer Main & Fillings
B15
FumistJlnstall Terminal Sewer Cleanout per CNB
3
EA
$500.00
$1,500.00
$900.00
$2,700.00
$600.00
$1,800.00
$1,100.00
$3,300.00
STD -400 -L
816
Remove and Reconstruct 4" PCC Sidewalk per City
1,932
SF
$5.00
$9,660.00
$21.00
$40,572.00
$8.00
$15,456.00
$4.00
$7,728.00
I STD-1180-1-
B17
Remove and Reconstruct PCC Curb and Gutter (to
40
LF
$30.00
$1,200.00
545.00
$1,800.00
$75.00
$3,000.00
$100.00
$4,000.00
Match Existing) per City STO -182 -L
B18
Furnish /Install Sewer Chimney Lateral w/ Cleanout
2
EA
$750.00
$1,500.00
$1,000.00
$2,000.00
$1,250.00
$2,500.00
$2,500.00
$5,000.00
B19
Remove and Dispose Existing Lamphole/Cleanout
5
EA
$500.00
$2,500.00
$500.00
$2,500.00
$1,000.00
$5,000.00
5400.00
$2,000.00
F:WSERSTPSw fedlC d,IFY OS-09WSO8 Sawn Fin O -Wo C"W Tr W, 6156MID VA9 YX%NdMsH
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City ClerKs Office -City Hall
CONTRACT NO.: C3562 DATE: 04f062OO6 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED: DATE:
PROJECT MANAGER: Mike Sinacori
As -Bid Amount
F:WSVmpffWls6ua� Sn 050650508 serer Man 6 Mg enn�Tn COSSSe10 wk y.m RW,M 44
Engineers Estimate
Colich Construction
Clarke Contracting Corporation
W.A. Rasie Construction
ITEM
DESCRIPTION
31JANTIn
UNII
UNIT COST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
820
Remove and Dispose Existing Manhole
3
EA
$3,750.00
$11,250.00
$1,800.00
$5,400.00
$1,800.00
$5,400.00
$2,000.00
$6,DDO.00
821
Abandon Existing Manhole
1
EA
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$800.00
$800.00
$2,000.00
$2,000.00
822
Join Existing Manhole and Reconstruct Base for New
Pipe as Directed by C Inspector
2
EA
55,000.00
$10,000.00
$8,000.00
$16,000.00
$1,200.00
$2,400.00
$5,500.00
$11,00 0
B23
Plug 8 Abandon Existing e° VCP Sewer
1
EA
$500.00
$500.00
$700.00
$700.00
$2,500.00
$2,500.00
$4,400.00
$4,
B24
Construction Surveying
1
LS
$20,000.00
$20,000.00
$10,000.00
$10;000.00
$12,000.00
$12,000.00
$16,000.0D
$16000.00
B25
Trench Excavation Safety Measures and
Implementation
1
LS
$5,000.00
$5,000.00
$20,000.00
$20,000.00
$75,000.00
$75,000.00
$15,000.00
$15,000.00
B26
Prepare As -Built Plans
1
LS
$5,000.00
S5,000.00
S500.00
$500.00
$500.00
$500.00
$1,000.00
.$1,000.00
Subtotal for Items B1-B26
$1,061,918.00
$1,270,541.00
$1,384,009.00
$1,458,637.00
C1
Mobilization, Demobilization and Cleanup
1
LS
$2,000.00
$2,000.00
$5,000.00
55,000.00
51,000.00
$1,000.00
$10,000.00
$10,000.00
C2
Install CIPP Lining Withing Existing 12" Diameter
Storm Drain Including Pre - Installation CCTV, Cleaning
and Post- Installation CCTV Inspection (@ Buck
Gulle of Station)
22
LF
$100.00
52,200.00
$600.00
$13,200.00
$220.00
$4,840.00
$236.00
$5,192.00
C3
Install CIPP Lining Withing Existing 15' Diameter
Storm Drain Including Pre - Installation CCTV, Cleaning
and Post - Installation CCTV Inspection (@ 225 Canal
Street)
93
LF
$100.00
$9,300.00
$300.00
$27,900.00
$90.00
$8,370.00
$91.00
$8,463.00
C4
!Prepare As -Built Plans
1
LS
$500.00
$500.00
$1,000.00
$1,000.00
$200.00
$200.00
$1,000.00
51,000.00
Subtotal for Items C1-C4
$14,000.00
$47,100.00
$14,410.00
$24655.00
As -Bid Amount
F:WSVmpffWls6ua� Sn 050650508 serer Man 6 Mg enn�Tn COSSSe10 wk y.m RW,M 44
TITLE:
ENGINEER'S ESTIMATE:
PROJECT MANAGER:
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
Sewer Main Imorovements and Bia Canvan Trunk Sewer
BID LOCATION: City Clerk's Office - City Hall
DATE: 04/062006 TIME: 11:00 AM
BY: Andy Tran CHECKED:
i:WSEHSPDVA4urcSfinlnNdFY 05a8 11 Sewn MM 1p,Mp Cu. 7V GMMEI1D SIIAVM(1Y.ks fflde 7 -8
•
•
Engineer's Estimate
Ken Thompson
ARS, Inc.
ITEM
DESCRIPTION
U NTI
UNIT
UNITCOST
AMOUNT
UNIT COST
AMOU T
UNITCOST
AMOUNT
All
Mobilization, Demobilization and Cleanup
1
LS
$300,000.00
$300,000.00
$163,000.00
$163,000.00
$370,000.00
$370,000.00
A2
Traffic Control
1
LS
$25,000.00
$25,000.00
$31,800.00
$31,800.00
S120,000.00
$120,000.00
A3
Construct 15" VCP Sewer per OCSO Std. Owg. S -010
5,000
LF
$135.00
$675,000.00
$445.00
$2,225,000.00
$460.00
$2,300,000.00
A4
Construct 12" VCP Sewer per OCSD Std. Dwg. S -010
465
LF
$125.00
$58,125.00
$437.00
$203,205.00
$750.00
$348,750.00
AS
Construct 8" VCP Sewer per OCSD Std. Owg. S -010
1,000
LF
$110.00
$110,000.00
5343.00
$343,000.00
$780.00
$780,000.00
A6
Cleaning and Preliminary CCTV Inspection. of Existing
12" VCP Sewer Main
770
LF
$6.00
54,620.00
$18.00
$13,860.00
$4.00
$3,080.00
A7
Install CIPP Lining Within Existing 12" VCP Sewer
Main Including Post - Installation CCTV Inspection
795
LF
$100.00
$79,500.00
$97.00
$77,115.00
$70.00
$55,650.00
A8
Install 36" Steel Casing (t =0.50) per OCSD Std. Dwg.
S -030
382
LF
$400.00
S152,800.00
$1,700.00
$649,400.00
$1,500.00
$573,000.00
A9
Install 15" VCP "No-Dig" Within 36" Steel Casing per
OCSD Std. Dwg. S -030
400
LF
$200.00
580,000.00
$60.00
$24,000.00
$150.00
$60,000.00
A10
Construct Manhole (A =60 ", C =38") per OCSD Std.
Dwg. S -050 & S -053
10
EA
$12,000.00
$120,000.00
$11,835.00
$118,350.00
$16,000.00
$160,000.00
All
Construct Manhole (A =60", C =24 ") per OCSD Std.
Dwg. S -050 & S -053
8
EA
$12,000.00
$96,000.00
$11,904.00
N'f2 r$95232:OF
s xzfff.,
anwr.. sia3X4Yii'i3
$15,000.00
$120,000.00
Al2
Construct Modified Manhole (A =84 ", w/ 24" & 36"
Covers ) pper OCSO Std. Dwg. S -050 & S-053
1
EA
S20,0D0,00
$20,000.00
$22.880.00
$22,880.00
$80,000.00
$80,000.00
A13
Construct Water -Tight Manhole (A =60 ", C =24") per
OCSD. Std. Dwg. S -050 & S-054
1
EA
$12,000.00
$12,000.00
$12,316.00
$12,316.00
$18,000.00
$18,000.00
A14
1 Remove Existing Temporary Plug
4
EA
$75.00
$300.00
$480.00
$1,920.00
$400.00
$1,600.00
A15
Construct Vortex Drop Structure in New Manhole
A =84'
1
EA
$30,000.00
$30,000.00
$66,080.00
$66,080.00
$40,000.00
$40,000.00
A16
Remodel Existing Sewer Manhole Base for New
Pipets)
5
EA
$3,500.00
$17,500.00
$387.00
$1,935.00
$5,500.00
$27,500.00
A17
Construct 6" PCC Path w/ W.W.M.
12,750
SF
$10.00
$127,500.00
$3.50
$44,625.00
$10.00
$127,500.00
A18
Construct 6" Curb
375
LF
$35.00
$13,125.00
$24.00
$9,000.00
$60.00
$22,500.00
A19
Construct Manhole per City of Newport Beach Std.
Dwg. STD-1 12-L and Std. Dwg STD-401 -L
5
EA
$4,500.00
$22,500.00
$11,567.00
$57,835.00
$12,000.00
$60,000.00
A20
Relocate Existing 8" Waterfall Force Main Around
New Sewer
1
LS
$10,000.00
$70,000.00
$14,470.00
$14,470.00
$65,000.00
$65,000.00
A21
RReemoe ad Dispose Existing Sewer Manhole
1 3
00.00
1 $21.000.001
$4,335.00
$13,005.00
$5500.0
$15000
,50..000
A22
move Existing VCP as Required
1
00.00
$4,500.00
$24,378.00
$24,378.0
$2,000.00
0
i:WSEHSPDVA4urcSfinlnNdFY 05a8 11 Sewn MM 1p,Mp Cu. 7V GMMEI1D SIIAVM(1Y.ks fflde 7 -8
•
•
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Cleries Office - City Hall
CONTRACT NO.: 04562 DATE: 04/0612006 TIME: 11 =AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED:
PROJECT MANAGER: Mike Sinacori
F:WSFRSPBwlS�veNLmNtli1FY Ks4BIBSB85cvutNN 1�ft Canym T, P�BID SV.'/AW1v,,D DIN- -7d
t
•
Engineces Estimate
Ken Thompson
ARB, Inc.
ITEM
DESCRIPTION
QUANTM
UNIT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNIT COST
AMOUNT
A23
Abandon Existing Sewer Manhole per Specifications
22
EA
$3,500.00
$77,000.00
$2,144.00
$47,168.00
$2,500,00
$55,000.00
A24
Cleaning and Abandon Existing VCP per
Specifications
7,075
LF
$45.00
$318,375.00
$7.00
$49,525.00
$20.00
$141,500.00
A25
Remove and Replace or Protect in Place Existing
Water Lines
1
LS
$35,000.00
$35,000.00
$13,288.00
$13,288.00
$120,000.00
3120,000.00
A26
Remove and Replace or Protect in Place Existing
Irrigation, Electrical and Communication Lines
1
LS
$35,000.00
$35,000.00
$13,288.00
$73,288.00
540,000.00
$40,000.00
A27
Remove and Replace or Protect in Place Existing
Sand Bunker rap)
1
LS
$35,000.00
$35,000.00
$26,575.00
$26,575.00
$20,000.00
$20,000.00
A28
Remove and Replace or Protect in Place Existing
Green
1
LS
$35,000.00
$35,000.00
$106,300.00
$106,300.00
$5,000.00
$5,000.00
A29 IRemove
and Replace or Protect in Place Existing
Fairway
1
LS
$35,000.00
$35,000.00
$119,500.00
$119,500.00
$200,000.00
$200,000.00
A30 IRemove
and Replace or Protect in Place Existing Tee
Box
1
LS
$35,000.00
$35,000.00
$53,150.00
$53,150.00
$5,000.00
$5,000.00
A37
I Remove and Replace Existing Landscaping in IGnd
1
LS
$35,000.00
$35,000.00
$13,200.00
$13,200.00
$5,000.00
$5,000.10
A32
Sawcut and Remove PCC Path
12,750
SF
$3.00
$38,250.00
$1.28
$16,320.00
$2.00
$25,500.00
A33
Protect Existing Tree
1
LS
$10,000.00
570,000.00
52,350.00
$2,350.00
$10,000.00
$10,000.00
A34
Remove Tree
1
EA
$750.00
$750.00
57,990.00
$1,990.00
$3,000.00
$3,000.01)
A35
Sawcut and Remove Curb
375
LF
$6.00
$2,250.00
$19.80
$7,425.00
$18.00
$6,750.00
A36
Re- abandoned Existing Sewer Manhole
1
EA
$2,500.00
$2,500.00
$2,290.00
$2,290.00
$4,000.00
54,000.00
A37
Rehabilitate Existing Sewer Manhole
135
VF
$210.00
$28,350.00
$134.00
$18,090.00
$400.00
554,001).00
A38
APC Placement
60
SY
$75.00
$4,500.00
$35.50
$2,130.00
5300.00
$18,000.00
A39
Preparation of Water Pollution Control Plan
1
LS
$7,500.00
$7,500.00
$11,490.00
$11,490.00
$1,000.00
$1,000.00
A40
Construction Surveying
1
LS
$50,000.00
$50,000.00
$2,190.00
$2,/90.00
$30.000.00
$30,000.00
A41
Trench Excavation Safety Measures and
Inl lementation
1
LS
$150,000.00
$150,000.00
$66;400.00
$66,400.00
$200,000.00
$200,000.00
A42
Slunv Fill Existing 15" VCP
3
CY
$75.00
$225.00
$530.00
$1,590.00
$500.00
$7,500.00
A43
Pre re As -Built Plans
1
LS
$2,000.00
$2,000.00
$3,820.00
$3,820.00
$2,000.00
$2,000.00
A44
Construct Drop Manhole wl 2 - 6" drops per City of
Newport Beach Std. Dwg. STD-1 12-L 8 Std. Owg
STD - 401 -L
1
FA
$8,000.00
$8,000.00
$12,120.00
$12,120.00
$20,000.00
$20,000.00
Subtotal for Items Al -A44
$2,924,170.00
lt $ 802' ;606
$6,317,330.00
F:WSFRSPBwlS�veNLmNtli1FY Ks4BIBSB85cvutNN 1�ft Canym T, P�BID SV.'/AW1v,,D DIN- -7d
t
•
Various
ENGINEER'S ESTIMATE:
PROJECT MANAGER:
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
Sewer Main Improvements and Bin Canvon Trunk Sewer
Mike Sinacori
BID LOCATION: City Clerks Office -City Hall
DATE: 041062006 TIME: 11:00 AM
BY: Andy Tran CHECKED:
f:UAEPS1PDWr9oreasCmfmUalFY OS09NSDe Sexer rlaN C 812C G355Se1DZUWWYAs NWen 74
J
•
Engineers Estimate
Ken Thompson
ARB, Inc.
ITEM
DESCRIPTION
UANTI
UNI
UNITCOST
AMOUNT
UNIT COST
MOUNT
UNIT COST
AMOUNT
Bt
Mobilization, Demobilization and Cleanup
1
LS
S65,000.00
$65,000.00
$100,000.00
$100,000.00
$175,000.00
$175,000.00
B2
Traffic Control
1
LS
$12,000.00
$12,000.00
$10,630.00
$10,630.00
$20,000.00
$20,000.00
B3
Cleaning, Pre- and Post- Installation CCTV Inspection
8,376
LF
$3.00
$25,128.00
$4.00
$33,504=
$4.00
$33,504.00
of Existing 8 -Inch VCP Sewer Including Locating
Existing Sewer Laterals
�wsxi'
B4
Install CIPP Lining Within Existing 8" VCP (IncL C.I.&
8,376
LF
$55.00
$460,680.00
S52.00
$435,552.00
$40.00
$335,040.00
S0. PI Sewer Main
B5
Re- establish Sewer Lateral Service Connection by
236
EA
$100.00
$23,600.00
$260.00
$61,360.00
$220.00
$51,920.00
Remote Cutting Device
B6
Fumishi nstall 48 -Inch Diameter Manhole per CNB
13
EA
$4,500.00
$58,500.00
$3,840.00
549,920.00
$12,000.00
$156,000.00
STD -401 -L
B7
Fumishlinstall Sewer Lateral Pipe per CNB STD -406 -
279
LF
$45.00
$12,555.00
$110.00
$30,690.00
$650.00
$181,350.00
L Use VCP in lieu of SDR 35 PVC Pi
B8
FumishMstall Sewer Lateral Cleanout per CNB STD-
18
EA
$150.00
$2,700.00
$1,330.00
$23,940.00
$2,100.00
$37,800.00
406 -L
B9
Furnish/Install 8" VCP Sewer Incl. Trenching,
307
LF
$100.00
$30,700.00
$410.00
$125,870.00
$700.00
$214,900.00
Beddin , Backfill and Subgrade Preparation
B10
Remove/Reconstruct 8" VCP Sewer Incl. Pavement
625
LF
$100.00
$62,500.00
$240.00
$150,000.00
$730.00
$456,250.00
Removal, Trenching, Bedding, Backfilling 8 Subgrade
Preparation
B11
FurnishlInstall 12" VCP Sewer Incl. Pavement
695
LF
$125.00
$86,875.00
$162.00
$112,590.00
$730.00
$507,350.00
Removal, Trenching, Bedding, Backfilling 8 Subgrade
Preparation
B12
Reconstruct AC Pavement Section per CNB STD -105
5,360
SF
$9.50
$50,920.00
S4.0D
$21,440.00
$10.00
$53,600.00
L -B
B13
Reconstruct PCC Pavement Section per CNB STD-
4,810
SF
$15.00
$72,150.00
$4.40
$21,164.00
$15.00
$72,150.00
105 -L -8, 140 8141
B14
Pipe Burst Existing 8" CIP or VCP Sewer 8 Install 8"
145
LF
$200.00
$29,000.00
$176.00
$25,520.00
$700.00
$101,500.00
HDPE SDR 17 Sewer Main 8 Fittings
B15
FurnlshllnstallTerminal Sewer Cleanout per CNB
3
EA
$500.00
$1,500.00
$570.00
$1,710.00
$4,000.00
$12,000.00
STD -400 -L
516
Remove and Reconstruct 4" PCC Sidewalk per City
1,932
SF
$5.00
$9,660.00
$4.00
$7,728.00
$10.00
$19,320.00
STD -180 -L
B17
Remove and Reconstruct PCC Curb and Gutter (to
40
LF
S30.00
$1,200.00
$58.00
$2,320.00
$100.00
$4,000.00
Match Existing) per City STD-11 82-L
B18
FumishBnstall Sewer Chimney Lateral w/ Cleanout
2
EA
S750.00
$1,500.00
$1,985.00
$3,970.00
$5,000.00
$10,000.00
B19
Remove and Dispose Existing Lamphole/Cleanout
1 5
EA
1 $500.00
$2,500.00
5530.00
$2,650.00
$2,000.00
$10,000.00
f:UAEPS1PDWr9oreasCmfmUalFY OS09NSDe Sexer rlaN C 812C G355Se1DZUWWYAs NWen 74
J
•
CITY OF NEWPORT BEACH
PU LIC WORKS DEPARTMENT
TITLE: 2005 -2006 Various City Sewer Main Improvements and Big Canyon Trunk Sewer Replacement BID LOCATION: City Cleries Office - City Hall
CONTRACT NO.: 0-3562 DATE: 04/06/2006 TIME: 11:00 AM
ENGINEER'S ESTIMATE: $4,000,088.00 BY: Andy Tran CHECKED:
PROJECT MANAGER: Mike Sinacori
As -Bid Amount
F:WSEASWDwu�artQiGaMCe1FY OSIISIOS05 SeverrAain Imx aq Conym TViF G356ZMDS=N Y.W. WWM.74
$6,735,212.00
t
10
Engineers Estimate
Ken Thompson
ARB, Inc.
ITEM
DESCRIPTION
UANTI
UNI7
UNITCOST
AMOUNT
UNITCOST
AMOUNT
UNITCOST
AMOUNT
B20
Remove and Dispose Existing Manhole
3
EA
$3,750.00
$11,250.00
$2,810.00
58,430.00
54,000.00
512,000.00
B21
Abandon Existing Manhole
1
EA
$1,500.00
$1,500.00
$2,400.00
$2,400.00
$3,000.00
$3,000.00
B22
Join Existing Manhole and Reconstruct Base for New
Pipe as Directed by City Inspector
2
EA
$5,000.00
$10,000.00
$1,360.00
$2,720.00
55,000.00
$10,000.00
B23
Plug 8 Abandon Existing 8" VCP Sewer
1
EA
$500.00
$500.00
$5,680.00
$5,680.00
$5,000.00
55,000.00
B24
Construction Surveying
1
LS
$20,000.00
$20,000.00
$6,380.00
$6,380.00
$10,000.00
$10,000.00
B25
Trench Excavation Safety Measures and
Implementation
1
LS
$5,000.00
$5,000.00
$39,800.00
$39,800.00
$100,000.00
$100,000.00
B26
Prepare As Built Plans
1
LS
$5,000.00
$5,000.00
$2,290.00
$2,290.00
$1,000.00
$1,000.00
Subtotal for Items 131-1326
$1,061,918.00
P$4,288'266`.00
$2,592,684.00
C1
Mobilization, Demobllizalion and Cleanup
1
LS
$2,000.00
$2,000.00
$37,000.00
$37,000.00
$6,000.00
$6,000.00
C2
Install CIPP Lining Wllhing Existing 12" Diameter
Storm Drain Including Pre - Installation CCTV, Cleaning
and Post- Installation CCTV Inspection (@ Buck
Gulley Lift Station)
22
LF
S100.00
$2,200.00
5400.00
$8,800.00
$220.00
$4,840.00
C3
Install CIPP Lining Wilhing Existing 15" Diameter
Storm Drain Including Pre - Installation CCTV, Cleaning
and Past - installation CCTV Inspection (@ 225 Canal
Street)
93
LF
.$100.00
$9,300.00
$105.00
$9,765.00
$100.00
$9,300.00
C4
Prepare As -Built Plans
1
LS
$500.00
$500.00
$700.00
$700.001
$1,000.00
$1,000.00
Subtotal for Items C1-C4
$14,000.00
L558T26$`.00
$21 140.00
EE
1 $4,000,088 00
7th
q,,
As -Bid Amount
F:WSEASWDwu�artQiGaMCe1FY OSIISIOS05 SeverrAain Imx aq Conym TViF G356ZMDS=N Y.W. WWM.74
$6,735,212.00
t
10
•
C�
Attachment 2 to Council Report
Letter Agreement between
City, OCSD and
Big Canyon Country Club
0
0
BIrg C"M0XCOV-gVT TCLVB
One Big Canyon dive
Newport Beach, CA, 92660
April 11, 2006
Board Secretary
Orange County Sanitation District
P.O. 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 AD •
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 4D •
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 AD
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 04PSD
Aaron C. Harp
April 11, 2006
Page 5
APPROVED AS TO FORM:
BRADLEY R. HOGIN
GENERAL COUNSEL
By:
David E. Kendig
APPROVED AS TO FORM:
By:,, —,,— C- ff �-
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
E
ORANGE COUNTY SANITATION
DISTRICT
0
James Ruth, General Manager
By:
Penny Kyle, Secretary, Board of
Directors
CITY OF NEWPORT BEACH,
A Municipal Corporation
Don Webb, Mayor
for the City of Newport Beach
BIG CANYON COUNTRY CLUB,
A California Non -Profit Mutual Benefit
Corporation
Title:
Title:
Attachments: 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
0 0
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 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;
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 of 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 ");
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 Contractor's 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 Subject 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
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0
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 Owner's 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
• i
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
i S
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
3
0 0
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. Binding 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
L
0 0
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
0
0
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 :_ /4 ,, ` - is t C.k_.
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Don Webb, Mayor
for the City of Newport Beach
BIG CANYON COUNTRY CLUB,
A California Non - Profit Mutual Benefit
Corporation
om
Title: W-
Exhibit A: Construction Map
B: Construction Documents Terms and Conditions
0
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0
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Attachment 4 to Council Report
Letter from OCSD regarding
Clarke Construction
ORANGE COUNTY SANITATION DISTRICT
March 31, 2006
phone[
(7141962-2411
Aaron Harp
P
faa,
Assistant to the City Attorney
(714) 982-0356
City of Newport Beach
w .xaa.tmn
3300 Newport Blvd-
swilling address:
Newport Beach, CA 92663
P.D. Box B127
scheduled to commence before the Big Canyon Sewer Project. Hiring Clarke
Fountain CA
SUBJECT: Orange County Sanitation District Reali nment & Rehabilitation of the
9 tY 9
28l 8.
s272s -elv
Big Canyon Offsite Trunk Sewer, Contract No. 5 -62, Authorization to
70844 Etas Avenue street address:
Aven ue a
Perform Additional Work
Fmmain Valley. CA
District's authorizing statute and Resolution 04 -08 do not require formal bid
92708.7018
procedures prior to award.
c: Jim Ruth, OCSD Interim General Manager
David Kendig, OCSD General Counsel
Mike Sinacori, City of Newport Beach
Chuck Winsor. OCSD
ii) :nir!nma wnrld'u1.u. I "iiCr]Ca:!(: si JlN:if.i!Ylr)LIa' ;:Ili+ tY.1LCt
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
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another contractor for a small piece of the larger contract work that must be
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
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scheduled to commence before the Big Canyon Sewer Project. Hiring Clarke
Brea
Construction to install sewer pipe segments in this specific area will significantly save
Bue.,a Pa:'k
cypr�s
time and money by not having to re- excavate the area. This work is estimated to cost
Fountain uaray
under $30,000. As long as this amount remains below $35,000, the Sanitation
Fuierton
Garden tiro+,!
District's authorizing statute and Resolution 04 -08 do not require formal bid
Hunting:.on Beach
procedures prior to award.
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La Habra
La patma
However, the City has recognized that the current Reimbursement Agreement does
We A +Bm +tea
not provide a vehicle for reimbursement for this type of work. The Sanitation District's
Newport Beare
,'A• anga
Board of Directors has indicated a Gear desire to complete the overall project.
Plarcnrin
Therefore, due to the reasons indicated above, the Sanitation District shall reimburse
amts Ana eaa
Sam ::n
the City for this additional work as long as it does not exceed $35,000. We will
8tommn
recommend that the District Board ratify this commitment at its April Board meeting.
Tuarin
Wia Park
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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 of orange
any questions regarding this project, please contact Adam Nazaroff at
(714)593 -7854.
Sanitary Districts
y
Cnsra Mesa
MrQSay Ctv
/ <.aJy FK-J! '..........
Water District[
David A. Ludwin, P.E.
Director of Engineering
lrurne Ha::cn
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
ii) :nir!nma wnrld'u1.u. I "iiCr]Ca:!(: si JlN:if.i!Ylr)LIa' ;:Ili+ tY.1LCt
a •
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
1
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.
E
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.
3
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.
L,
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
11
EXHIBIT B 0 •
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 Existina 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 specked. 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 . 10
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 1173) 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.
0
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.
G) 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 0 0
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 insurer's 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)
Contractor's 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 0 0
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
0
Exhibit C to Letter Agreement
Amended and Restated
City Easements
10
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
0
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 PAGE]
1
EXHIBIT C
41
APPROVED AS TO FORM
•
GRANTEE:
THE CITY OF NEWPORT BEACH
By: A el"-- C- ff C%- By:
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
Ll3
LaVonne Harkless, City Clerk
For the City of Newport Beach
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
`A
0
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.
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 36 OF IRVINE'S SUBDIVISION, IN TM 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 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 1 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 1 TO 9 INCLUSIVE, SAID POINT BEING THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 26 °13' 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.
WWSSOC &
SOCIATES
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
lo-°s�g
'vcsvN� 0.
21
22
22
00 14 �, s„oo.
PARCEL 1
12' SEWER EASEMENT
20 / ` POINT OF
BEGINNING
V Cl 0.
Tom' µ.M• 6
0
0
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ALLF.�9
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J O
A
No. 7914
Exp. 12 -31 -07
ALDEN & EXHIBIT „2.
SOC
SSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CNIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITEB•IRVINE,CA92614 -6236 W.O. No. 1140- 369 -001 Dote 04/03/06
(949)660 -0110 FAX: 660.6416 Engr. B.J.W. Chk'd J.W. Sheet 1 Of 2
�� - -_N ,
PARCEL 2
15' SEWER EASEMENT
W
Q
U
N
POINT OF
BEGINNING
°* n6 \4'o o
s kj$ e
� M0•
W WSOC &
SSOCIATES
CIVIL ENGINEERS -LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUM B -IRVINE, CA 926146236
(949) 660 -0110 FAX: 660 -0418
.o
26' 13'16" 1838
36.33' C N °' 1 -9
61 1k. 30 6 1
i
62N
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
0
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.
ISIGNATURES ON FOLLOWING PAGEl
0
APPROVED AS TO FORM
By: � ff
Aaron C. 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
x
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Name:
Title:
0
Name:
Title:
[END SIGNATURES]
2
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On 2006, before me, personally
appeared personally known to me (or proved tome 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 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
appeared
)
ss:
2006, before me:
(This area for official notarial seal)
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 helshe /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)
kI
BEING A PORTION OF BLO*56 AND 92 OF IRVINE'S SUBDIAN, 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 470 10'34" WEST 136.60 FEET ON SAID MAP; THENCE
SOUTH 03 °50'08" WEST 79.06 FEET TO THE POINT OF TERMINATION.
'1WWLDEN &
S50CIATES
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: 04/04/06
Engr.B.JW. Chk'd. J.W. Sheet 1 oft
PARCEL3:
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.
PARCEL 4:
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 39'20'17" 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 11949'19" 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.
WWSOC &
SSOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949 -660 -0418
>. 7914
12 -31 -07
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
�L.
N
SCALE:1" =100'
PARCEL 1
10' SEWER EASEMENT
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 41'10938" W
26.50'
L3
N 55721142" W
13.50'
ALDEN & EXHIBIT "2"
'WIVSOCIATES SKETCH TO ACCOMPANY
CPAL ENGINEERS - LAND SURVEYORS - PLANNERS A LEGAL DESCRIPTION
2552WRrPE ROAD, SUM B•IRVINE,CA92614 -6236 W.O. NO. 1140- 369 -005 Dote 04/04/06
(949) 660-0110 FAX: 660 -0418 En r. B•J•W Chk'd J.W. Sheet 1 Of 4
N
SCALE:1" =100'
35
17.00' Mfr
PARCEL 2 "; 1 T
10' SEWER EASEMENT; C2 CEO
�O'
LOT A
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 03'50'08° W
1 79.06'
L2
N 47'10'34" W
1 136.60'
'l�� i,' -'EDEN & EXHIBIT �� ��
2
SSOCIATES SKETCH TO ACCOMPANY
CMLENGWEERS- LAND SURVEYORS - PLANNERS A LEGAL DESCRIPTION
2552 WHITE ROAD, SUITE E•IRVnZ, CA 92614 -6236 W.O. NO. 1140- 369 -005 Dote 04/04/06
(949) 660 -0110 FAX: 660 -0418 En r. B•J•W Chk'd J.W. Sheet 20f 4
w
J
U
No. 7914
12 -31 -07
n
u
PARCEL 4
10' SEWER EASEMENT
6��GV O) '01 POINT 'A'
CJ
t 3 y y POINTING
� g GINS
So�� r OFPR� V- 5 5p'\' 92
P
��i -so 93
SO
�° o.
i
� � t
i
PARCEL 3
15' SEWER EASEMENT
94
W WSOC &
SSOCIATES
4.03'
"
<00
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O,A
�r
Np
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
C U ENGINEERS -LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITEB - 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
66'58'28"
W
86.93'
L6
S
24'11'03"
W
118.39'
L7
S
5T20'1 9"
W
70.49'
L8
N
25'59'11"
W
47.92'
L9
N
25'59'11"
W
22.77'
L1D
S
58'20'19"
W
137.44'
W WSOC &
SSOCIATES
4.03'
"
<00
�O
O,A
�r
Np
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
C U ENGINEERS -LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITEB - 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 13'56105' E
86.00'
L2
N 8917'14' E
70.58'
L3
N 11'49'19" W
54.09'
L4
S 00'52'51" E
130.01'
o
0
N
II
s
Q
J ' p�
U Wto
ARCEL 5
5' SEWER EASEMENT
N 8'77'75 :, W
587.83, -
TRUE POINT
OF BEGINNING
No. 7914
12 -31 -07
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 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
0
APPROVED AS TO FORM
By: �CK.. C_ ff 4."
Aaron C. Harp,
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:
LaVonne Harkless, City Clerk
For the City of Newport Beach
0
GRANTEE:
THE CITY OF NEWPORT BEACH
By:
Don Webb, Mayor
For the City of Newport Beach
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Name:
Title:
Name:
Title:
[END SIGNATURES]
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
ss:
2006, before me,
0
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)
THOSE PORTIONS OF BLOCK 92-GF 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 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' 16'21" 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.
PARCEL 2:
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 PERU"
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.
WWSOC &
SSOCIATES
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
0
CURVE TABLE
CURVE
I DELTA
I 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 06'02'24" W
72.12'
L3
N 8638'58" E
150.89'
L4
N 05'46141" E
175.25'
4K 9 T \mss \0
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ALDEN &
Wr SSOCIATES
L3
I
750, 15.00'
I 1 7.50
VIII
I
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I
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PARCEL 1
15' SEWER
L = 770 74 - C`
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EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
IN
CIVIL ENGINEERS -LAND SURVEYORS- PLANNERS
2552 WHITE ROAD, SUITE B•IRVINE.CA 92614 -6236 W.O. No. 1140- 369 -001 Date 04/17/06
<949 >660.0110 PAx:660 -0418 Enar. B.J.W. Chk'd J.W. Sheet 1 Of 2
0 0
CURVE TABLE
CURVE
I DELTA
RADIUS
LENGTH
Cl
10270 1'06
460.00'
16.20'
I�
Ip
I�
I cn
IN
r*1
I�
IA
to
S 89'18'46" E 2_50.26'
S 89'18'46" E 250.26'
NORTHERLY LINE
TRACT NO. 738
15 16 17
E c
N
B�oG J O`�y�0
,y y 1tg$
0 . N
0
11
a
J
U
rn
� PARCEL 2
18 /'10' SEWER EASEMENT
19
t� N
1
1�Un
''1►'' ir' EDEN & EXHIBIT 72°
W `' SSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL ENGINEERS- LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE 8- IRVINE, CA 92614.6236 W.O. NO. 1140- 369 -001 Dote 04/17/06
(949)660 -0110 FAX: 660-0416 Engr, B.J.W. Chk'd J.W. Sheet 2 Of 2
0
Ll
Exhibit D to Letter Agreement
Amended and Restated
Canyon Fairway Easement
0
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 PAGEI
1
EXHIBIT D
0
0
GRANTEE:
CANYON FAIRWAY COMMUNITY
ASSOCIATION
By:
Name:
Title:
By:
Name:
Title:
GRANTOR
BIG CANYON COUNTRY CLUB
By:
Name:
Title:
By:
Name:
Title:
[END SIGNATURES]
• i
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On
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) islare 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
THOSE PORTIONS OF BLOCKS, 56, 92 AND 93 OF IRVINE'S SUOISION, 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 1291H 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
FOLLOWS:
AS
BEGINNING AT SAID POINT `A'; THENCE NORTH 15 °00'51" EAST 187.67 FEET TO THE POINT
OF TERMINATION.
PARCEL 3:
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.
VWSSOC &
SOCIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax:949- 660 -0418
Exp. 12 -31 -01
E)MBIT "I"
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
-7.50'
Z
o°
of Us
TRUE POINT
OF BEGINNING —'\
POINT OF
COMMENCEMENT
12 -31 -07
n\ PARCEL 2
\ 15' SEWER EASEMENT
\ \\ \ >
i
PARCEL 3
POINT 'B' 19' SEWER
POINT 'A'
\ �p PARCEL 1
00 38' SEWER EASEMENT
-I-
L
410
ALDEN &
SSOCIATES
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
O
190
7 4 58,,
EXHIBIT "2"
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
I PhO
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B•IRVBdE, CA 92614 -6236 1/x,0, No. 1140- 369 -001 Date 04/10/06
(949 )66° -0110 FAX, 660 -0418 _ _ fir B.J.W. Chk'd J.W. Sheet 1 Of 1
n
n
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
By: ),,., C, Ht:,,
Aaron C. Harp, `
Assistant City Attorney
For the City of Newport Beach
ATTEST
By:
LaVonne Harkless, City Clerk
For the City of Newport Beach
THE CITY OF NEWPORT BEACH
0
Don Webb, Mayor
For the City of Newport Beach
EXHIBIT E
r • •
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)
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.
ALDEN &
S S 0 CIATES
Civil Engineers — Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 92614 -6236
949 - 660 -0110 Fax: 949-660-0418
USMT I-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
0
o
N
W
Ln
J
U
EXHIBIT "B"
ESMT I
'�� `' `'EDEN & EXHIBIT "B„
SSOCIATES SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE a•RLVINE, CA 92614 -6236 W.O. No. 1140- 369 -001 Dote 04/03/06
(949) 660 -0110 FAX 660 -0418 Engr, B.J.W. Chk'd J.W. Sheet 1 Of 2
11
•
Exhibit F to Letter Agreement
OCSD Quitclaim
0
0
OCSD Quitclaim Deed and
Termination of Easement
will be distributed at the
Council Meeting
P
0
Attachment 5 to Council Report
Amendment No. 1 to
Professional Services
Agreement with
Walden & Associates
0
0
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 316t 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. I", 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
001100 Dollars ($89,150.00).
3. The term of the Agreement shall be extended to June 30, 2007.
0 0
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
By:
Mayor
for the City of Newport Beach
SOCAL WALDEN, INC.:
By:
David L. Bacon
President
By:
David W. Couch
Chief Financial Officer
Attachments: Exhibit A — Extra Work Authorization Request Dated April 12, 2006
f:lusems pbwlsharedlagreementslfy 04 -05lwa1den -bccc sewer•amend-1.doc
• Exhibit A
Vk
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
0
E
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:
ADDITIONAL CITY WORK
$ 8,805
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: ............
............ $ 3,795
Construction Phase Services:
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
1]
`J
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
ALDEN &
SSOCIATES
Big Canyon Country Club
Sewer Realignment
Labor -Hour Fee Proposal
1140369 -001
Rev: May 18, 2005
Rev: March 13, 2006
Rev. April 11, 2006
Rates
$160 fir
$135 /hr
$105 /hr
. $80 /hr
$501hr
$170 /hr
LUM SUM
Task
A
.LX
u
a`
`m
m
c
g
15
o
a
W 5
a w
`m
c
O1
G E
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m
-
3
�, V
r: e
' H
v
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O' rn
Original
Task
Hours
Original Task
Cost
Task Cost
(Additional)
Adjusted
Contract
Field Joins Survey
8
20
32
60
$ 8,620
$ 8,620
Design Development Meetings,
Coordination & Project Management
4
20
24
$ 3,3401
$ 3,340
OCSD Sewer Improvement Plan
8
50
320
140
1
518
52,830
In ress/E ress tar MH 0 68 +77.37
2
12
30
1
1
1
$ 5,090
Alternate 15 "All nment 0 Pond Fill
15
44
5
$ 7,495
Traffic Control for Big Canyon Drive
2
4
$ 5,175
$ 505
Additional work required due to timing of
returned plan check comments
8
40
$ 5,280
Vortex Structure at station 14 +17.15
4
24
$ 3,060
$ 79,620
City Sewer Improvement Plan
2
10
40
40
92
$ 9 070
Fi hth Fairway
15
$ 5,000
$ 7,550
Traffic Control for Superior Avenue
1
2
T-3745-0
$ 3,795
$ 20,415
Quantity & Cost Estimates
4
32
36
$ 3,9001
$ 3,900
Specifications
16
80
1 20
1
116
$ 11,560
OCSD/BCCCA reements
4
24
$ 3,060
$ 14,620
Sewer Easements
10
48
58
$ 6,390
OCSD•Modification of easements
17
62
$ 8,805
$ 15,195
Meetings, Coordination & Processing .
80
80
$ 10,800
$ 10,800
Construction Phase Services'
24
100
80
40
40
284
$ 30,940
Additional Construction Phase Services
290
$ 39,150
$ 70,090
Reimbursables
$ 3,000
$ 3,000
Totals Original
38
298
620
1 220
60
32
1,268
140,450
Totals Additional
2
353
230
20
$ 89,150
T 229,600
Allo%vance on iv. to be billed aaainst on
a Time and
Material
basis.
Approved Costs (June 14, 2005)
Additional Task Costs
Adjusted Contract Costs
GA"data1114011140369A001 M F mate 04 1206_2x6
$ 140,450
$ 89,150
$ 229,500
i
0
Attachment 6 to Council Report
Professional Services
Agreement with
AESCO Technologies
10 0
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.
F. City has solicited and received a proposal from Consultant, has reviewed the previous
experience and evaluated the expertise of Consultant, and desires to retain Consultant
to render professional services under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 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.
• i
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 subconsuitant 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 RESPONSIBIUTIES
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
0
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 fumish 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
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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
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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.
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.
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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).
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
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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 uniess' 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.
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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
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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
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28. TERMINATION
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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 tern, 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.
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33. AMENDMENTS
0
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:
By:
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
2 Georgetown Lane
gton Beach, California 92647
e: (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 testingtinspection 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
•
No. 110
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 gradingtexcavation 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 ftAy yours,
.E. Debra Perez
Project Manager
Construction Material Testingdnspection ♦ Environmental ♦ Geotecbnical Engineering Services
AESCO
0 SCOPE OF WORK
No. 11W
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 ♦ Geoteclmical Engineering Services
AESCO Technologies, Inc
17782 Gexge ntarre
HurAngton Beach, California 92647
(714)3753830
(714)3753831
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EXHIBIT B
Proposal for Geotechniedd 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
EOTECHNICAL ENGINEERING DIVISION
SCHEDULE OF PROFESSIONAL SERVICES AND FEES
N ING SERVICE&
Senior Geotechnical Engineer
$135.00
20
$2700.00
Pmjca Manager, per hr
$125.00
15
$1,875.00
StaR'Engineer
$75.00
Associate of En ieer Technician
$60.00
Word Processing
$45.00
LABORAIURY ANALYS[ :
Direct Shear Tests, per test
$95.00
Atterberg Limit Determinations (liquid and lactic, per test
$65.00
Unit might in undisturbed samples, including moisture content per test
$30.00
Moisture: Content, Per test
$5.00
Sieve Analysis with graph, per test
$85.00
Hydrometer Analysis, par test
$135.00
Finer than 200M Sieve, per test
$35.00
Modified Proctor, per test
$165.00
6
$990.00
Expansion Index, per test
$95.00
2
$190.00
Conotsivity Evaluation( H, Sulfat Chloride )
$80.00
ITELD 1 G AND INSPECTION:
Soil Ins error
$70.00
352
$24,640.00
Concrete Inspector
$75.00
25
$187500
Staff En ieer
$75.00
Nuclear Density Gauge, per day $70.00 88 $6,160.
Vehicle, per day $45.00 88 $3,960.00
Notes:
❑ Diren exyenses inwrtd in Connection with prajem will be invoiud at coal plu120 pucem for handling
• Penmanal Sit"sis will be chargd•t# minimum of4 hours per hap,
• The eminamdcont herein arc approximam and campmsetion for the investigation will be brad upon flue actual
wank and tests performed in accordance with the unit far We will war exceed she above toad Pon estimate without r
prior a proval.
SPECIAL INSPECTION TOTAL ESTIMATED COST — $42,390.00
AESCO
N0. I IUD
STANDARD SCHEDULE OF FEES - Exhibit B
HOURLY CHARGES FOR PERSONNEL
Senior Engineer
$1251hr
Senior Staff En ' mMeolo 'sHEnvironmental Scientist
$95ft
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)
$751hr
To ue &Bolt ector
$75/hr
DSA Masonry Inspector
$90/hr
Field/Laboratory Technician
$70/hr
Data Processing, Technical Editing, or Reproduction
$45/hr
MATERIALS TESTINGILABORATORY CHARGES
Monitoring Compaction
$75/hr
Compaction Tests
$15 1ea
Review Concrete Mix Design by Others
$1501ea
Concrete Cylinder Compression Test
$18 1ea
Concrete Cylinder Held in Reserve, Curing
$18 /ea
Cube Prism Compression
$25 1ea
Linear or Volumetric Shrinkage
$70 /test
Organic Content
1 $4 5het
Moisture Density Relatioadfl
$165 /test
LABORATORY TEST CHARGES
Atterberg Limits
$65 1test
Percent Passing No. 200
$651test
Unconfined Compression
$45/test
Remolding of Slickensided Clays
$351test
Consolidation Test Without Rebound
$265 /test
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 Anal is
$135ACA
Sieve Analysis
$85 /test
Specific Gravity
$60 /test
Organic Content
$45kest
Standard Proctor
$165 /test
Modified Proctor
$165 /test
Expansion Index
$95 /test
R Value
$265 1test
Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services
AESCO
FIELD ANALYSIS
No. IlUJ
Soil Borings Drilled with Hollow Stem Auger Drill Rig
$180/hour
Backfill Boreholes with Bentonite
$101ba
Drumaning 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 1day
Inclinometer Usage
$35 /hr
Vapor Emission Kits
$90 /kit
Level D Personal Protective Equipment (per person per day)
$40/p /d
Rebar Locator achometer
$10/hr
Nuclear Density Gauge Usage
$10/hr
Field Vehicle Usage
$45/day
Clerical
$45/hr
Direct Project Expenses
Coot 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
W(yof Newport Beach,* NO. BA- 06BA -064
BUDGET AMENDMENT
2005 -06 AMOUNT: Sa,oaa,67s
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:
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 replace ment
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 Account
250 4839
5100 5132
5100 5132
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
7251
Account
Number
C5600292
Division
Number
7531
Account
Number
C5600861
Division
Number
7531
Account
Number
C5600862
Description
OCSD - Construction Reimbursement $3,382,675
OCSD -Admin Reimb, Const. Contract $135,307
OCSD -Admin Reimb, Design. Contract $5,218
Description
Contributions Fund
Sewer Main Master Plan CIP
Wastewater Fund
Buck Gully Sewer Main Realignment $378,000
Wastewater Fund
CDM Main Sewer Relocation $75,000
Division Number 7531 Wastewater Fund
Account Number C5600292 Sewer Main Master Plan CIP
$3,382,675
$603,000
Division Number 7012 General Fund
Account Number C5100DOB Storm Drain Improvement Program $19,000
• Automs* System Entry.
Signed:
Signed:
Date
Signed:
City Council Approval: City Clerk Date
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• ` Exhibit A -Construction Map
1^ OCSD Big Canyon Trunk Sewer Replacement &
'051'06 Various City Sewer Main Improvements
Big Canyon Trunk Replacement Phases
� 1
_ 2
3
4
1 •
6 - Connections and Abandonment for Phases 1 - 5
•, 7
a • --- City Sewer Improvements
— OCSD Existing Main
—► Construction Access Routes
Phase 1 Construction Storage Area
`t Phases 2 - 7 Construction Storage Area
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