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HomeMy WebLinkAboutC-4426 - Big Canyon Creek Restoration Project - Approval a Reimbursement Agreement'-, -,, . .. REIMBURSEMENT AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF NEWPORT BEACH FOR ACCESS IMPROVEMENTS TO SEWERS IN THE BIG CANYON NATURE PARK AREA. OCSD Project No. 5-64 " ... .. THIS R£!~BURSEMENT AGREEMENT ("Agreement"), is made and entered into on this 'VfV\ day of tteeemW , 2009, by and between the ORANGE COUNTY SANITATION DISTRICT , a County Sanitation District ("District"), and the CITY OF NEWPORT BEACH, California, a Municipal Corporation ("City"). District and City are sometimes hereinafter individually referred to as "Party" and collectively referred to as "Parties ." RECITALS WHEREAS, District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Sections 4700 et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County , California; WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; WHEREAS, District owns, operates and maintains fifteen inch (15") to twenty- four inch (24") trunk sewers and related manholes ("Sewers") within the City located beneath the Big Canyon Nature Park Area; WHEREAS, a portion of the Sewers within the Big Canyon Nature Park Area are currently inaccessible from the existing maintenance access road due to the presence of a natural creek; WHEREAS, City is planning implemetentation of a Nature Park Restoration Project ("Restoration") within the Big Canyon Nature Area and as part of this implementation of the Restoration, the City has agreed to grant the District a non- exclusive easement, divert the creek through a ten foot (1 O') pipe, construct a retaining wall and extend the existing access road to the District's Sewers ("Access Improvements"); WHEREAS, City and District desire to construct the Access Improvements and perform the Restoration simultaneously ("Joint Project") so as to minimize the impacts to the environment, the public and surrounding homeowners; WHEREAS, City has agreed to administer and enter into the design and construction contracts for the Joint Project; and ' ~ WHEREAS, District has agreed to reimburse the City for all costs associated with the construction of the Access Improvements subject to the conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: SECTION 1. RECITALS The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that they are bound by the same. SECTION 2. ELEMENTS OF AGREEMENT City and District shall work cooperatively together so the Joint Project may be constructed in a manner that minimizes the costs and impacts to the public. The specific terms and conditions governing the elements of this Agreement are set forth below. SECTION 3. CITY'S SPECIFIC OBLIGATIONS A. City shall enter into and administer contracts for the design and construction services necessary for the Joint Project. B. City shall grant District a non-exclusive easement allowing vehicle and pedestrian ingress and egress on the maintenance access road for the purpose of allowing District access to its Sewers. The easement and the easement's legal description is attached to this Agreement as Exhibit "A" and is incorporated herein by reference. C. As part of the Access Improvements' construction the City will extend the existing dirt road to the District's Sewers and provide all additional work necessary to support the access road's extension, including but not limited to the construction of a retaining wall and the placement of a ten foot (1 O') diameter pipe to divert the creek. City shall construct the Access Improvements according to the standards currently employed by the City for the construction of dirt roads, retaining walls and the placement of .pipes. D. City shall submit the Access Improvements' construction documents to the District for review and approval by the District's Director of Engineering. The drawings and specifications shall meet District's standards and technical requirements for items affecting the District and shall have separate bid items so that the City's and District's ' . costs can be easily identified. District shall not unreasonably withhold its approval of the construction documents. E. City shall be responsible for compliance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Sections 21000 et seq.) for all activities associated with the Joint Project and City shall be the lead agency for purposes of CEQA. In such capacity, the City's City Council adopted a Mitigated Negative Declaration ("MND") for the Joint Project on August 11, 2009. A copy of the Resolution adopting the MND is attached to this Agreement as Exhibit "B" and is incorporated herein by reference. F. City shall prepare and issue a public works bid package for the Joint Project and administer the construction contract(s) for the Joint Project. G. Upon opening of bids, City shall submit results for the Access Improvements for review and approval by District. District shall have a period of three (3) working days for review of bid results and approval or rejection of the apparent responsive low bidder. In the event the District rejects the responsive low bidder, the City shall reject all bids or shall proceed with the Access Improvements' construction at its sole cost and expense without reimbursement from the District for expenses from that point forward. Money previously expended on District's behalf by City shall be reimbursed by District to City according to the terms of this Agreement. H. City shall obtain all necessary permits for construction of the Joint Project from federal, state and local authorities. I. Provided the District or City do not reject the apparent responsive low bidder, City shall enter into a contract for construction of the Joint Project in accordance with the approved construction documents. J. City shall require a one (1) year warranty on the Joint Project from its construction contractor. The Access Improvements portion of the warranty shall be assigned to District upon the completion of the Access Improvements and the granting of the non-exclusive easement by the City. Such warranty shall read as follows: "Contractor guarantees for a period of one (1) year from the date of final acceptance of the work by City that the Contractor shall repair or remove and replace any work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials without any expense to City or its assigns, ordinary wear and tear excepted. If Contractor fails to comply with this warranty within one (1) week after being notified in writing, City or its assigns are authorized to proceed to have the defects remedied at Contractor's expense. Contractor shall pay the cost and charges thereof immediately on demand. If, in the opinion of City or its assigns, defective work detected during the guarantee period creates a dangerous condition or requires immediate correction or modification to prevent further loss to City or its assigns or to prevent interruption of City's or its assigns' operations, City or its assigns shall be authorized to repair the condition without prior notice to the Contractor and Contractor shall pay the cost and charges thereof immediately upon demand. Contractor's obligations under this section are in addition to Contractor's other express or implied assurances under this Agreement and State law and in no way diminish any other rights that City or its assigns may have against Contractor for faulty materials, equipment, or work. Contractor agrees that this warranty and guarantee shall be freely assignable to the Orange County Sanitation District without any further notice to or consent from Contractor. The Faithful Performance Bond and Labor and Materials Bond required under this Agreement shall continue in full force and effect for the guarantee period." K. City shall promptly inform the District during the course of the Access Improvements' construction of any proposed change orders to the construction contract. Copies of proposed change orders affecting the District will be provided to the District within thirty (30) calendar days of submission to City. All change orders shall be subject to District's approval if, and to the extent, the Access Improvements are affected thereby. District agrees not to unreasonably withhold its approval to such change orders. L. City shall furnish and deliver to District all record drawings of the Access Improvements and any additional project-related documents requested by District at no cost to District. SECTION 4. DISTRICT'S SPECIFIC OBLIGATIONS A. District shall reimburse City for all costs and expenses for the design and construction attributable to the Access Improvements and services related thereto including, but not limited to services and costs for design consulting engineer, contract project management, outside construction support, such as geotechnical or survey work, the pro rata share of CEQA costs and necessary permits, temporary construction easements, and access agreements. The District shall also pay the City an amount equal to four percent (4%) of the amount of all of said costs and expenses, which shall be considered the City's "Administrative Fee," which is intended to cover the costs incurred by the City for its internal costs related to the Access Improvements. The District's share of Joint Project costs shall not include costs and services for the design and construction of the City's Restoration improvements. B. District and City shall share discretion and approval authority for all aspects of the design and construction of the Access Improvements, as well as construction change orders related thereto. District shall assign a resident engineer to oversee change orders, if any. ~...,.,.-·=-="'~-=:-o--~-~--==-""==-===-:---~--""'""'-'"-~--"""="""'=--~--~...,--~--..,.-·-=-.-:.-=-.,.~~~""'"'~~----=---~-==-~:--.-.. ----"""""""-"''"-==~=~_,,....-~~===---~ ---,.-"··-=:_· -~---------'--'"'"'-.,,.......,,."=",,.-'~...,,_--:-:...-..,,,...,---,-- C. District shall provide construction management and inspection services for their portion of the Joint Project. District shall inspect construction of the Access Improvements as it deems necessary to assure compliance with the approved drawings and specifications, including shop drawing review and/or material inspection thereof. District shall promptly notify City if any portion of the work appears not to conform to the construction documents and shall work with the City on all items affecting the District associated with the Access Improvements' construction. D. Once completed, the District shall maintain, and repair as necessary, the Access Improvements to the satisfaction of the City. The District shall conduct scheduled periodic inspections of the Access Improvements to ensure they are in working order and notify the City of any required repairs. If repairs are deemed necessary by the City, the District shall commence the repairs no later than seven (7) working days after receiving notice from the City to commence the repairs. The District shall be solely responsible for the maintenance, inspection and repair costs, unless previously agreed to in writing by the City. SECTION 5. TIMING AND AMOUNT OF REIMBURSEMENT For each payment made by City to its consultants or contractors in connection with the Access Improvements, including all progress and final payments, City shall submit an invoice to District setting forth District's share of the payment, accompanied by a copy of any supporting documentation that substantiates the calculation of the District's portion. Within forty-five ( 45) days following receipt of each invoice, District shall pay the City the full amount of such invoice plus the pro rata share of the Administrative Fee. The projected costs are: 1. Preliminary Engineering Design 2. Final Engineering Design 3. CEQA and Permits 4. Contract Project Management 5. Construction 6. Administrative Fee (4%) Estimated Total $28,222 $38,703 $3,075 $10,000 $432,163 $20,837 $533,000 The District's obligation to reimburse the City hereunder is estimated at a cumulative total of $533,000. The construction costs are more fully detailed and explained in the cost estimate attached to this Agreement as Exhibit "C" and incorporated herein by reference. The costs not detailed in Exhibit "C" (e.g., preliminary engineering design, final engineering design, CEQA and permits and contract project management) were verbally negotiated between the City and District in December 2007. The City agrees to notify the District at the earliest opportunity if the District's share is expected to exceed $533,000 anytime during the Joint Project. The City will not expend more than $533,000 on the Access Improvements without the written authorization of District. If the costs exceed $533,000 and District refuses to expend additional funds the City shall be released from its obligations under this Agreement. SECTION 6. INDEMNIFICATION District shall indemnify, defend and hold City, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability or expense for death, injury, loss or damage to persons or property which may arise or is claimed to have arisen as a result of any act performed by District, its officers, agents, employees or consultants, with respect to the construction of the Joint Project or following District's acceptance of the District's portion of the Access Improvements, as a result of or in connection with the maintenance, repair and operation of the improvements, save and except in those instances where such expense, liability or claim is solely caused by any deliberate, reckless, or grossly negligent act or omission of City, its officers, agents, employees or consultants. District shall also indemnify, defend and hold City, its elected and appointed officials, officers, agents, employees, and consultants, harmless from any and all actions, suits, claims, liability, cost or expense which may arise or is claimed to have arisen as a result of the District's denial of any change order or part thereof. SECTION 7. INSURANCE City shall require the Joint Project's construction contractor to maintain insurance policies in the amounts stated herein during all times of the construction project. City shall not allow a contractor or subcontractor(s) to commence work on the Joint Project until such insurance is obtained in accordance with the requirements of this section. City shall require that insurers be admitted carriers and authorized to transact business in the State of California and that insurers have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vil, or better, in accordance with the most current A.M. Best Rating Guide. City shall include a provision in its contract with contractor that District may require contractor to substitute any insurer whose rating drops below the levels herein specified and that the substitution shall occur within twenty (20) calendar days of written notice to contractor by District or its agent. City shall require contractor to furnish District with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. District reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications, at any time upon written notice to the City. City shall require that all general liability and automobile liability policies be endorsed to name the District and City, their officers, employees, agents, and consultants as additional insureds. City shall require that each insurance policy required herein be endorsed to state that coverage shall not be cancelled by either Party, except after thirty (30) calendar days' written notice. City shall require coverage in at least the following amounts: SECTION 8. A. General Liability. $2,000,000 per occurrence for bodily injury, personal injury, and property damage and $4,000,000 aggregate for bodily injury, personal injury, and property damage. B. Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles. C. Workers' Compensation. Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of $1,000,000 or such minimum limits as the required by the State, whichever is greater. Such Workers' Compensation Insurance shall be endorsed to provide for a waiver of subrogation against District. ERRORS & OMISSIONS City acknowledges that City's consultant, VA Consulting Inc., is providing a number of services related to the Access Improvements. However, District is not in a direct contractual relationship with City's consultant and is unable to enforce the errors and omissions clause against City's consultant. Therefore, on behalf of District City agrees to enforce Section 24 (Errors & Omissions) of the December 11, 2007 Professional Services Agreement with VA Consulting Inc. for Big Canyon Creek Restoration Project against City's consultant at District's written request. SECTION 9. TERM This Agreement shall remain in full force and effect unless and until the Agreement is terminated in writing by both Parties. SECTION 10. NOTICES All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: To District: Orange County Sanitation District Post Office Box 8127 Fountain Valley, CA 92728-8127 Attention: Penny Kyle, Clerk of the Board Facsimile: (714) 962-0356 To City: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 SECTION 11. Attention: Steve Badum, Public Works Director Facsimile: (949) 644-3020 JURISDICTION In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. SECTION 12. NO THIRD PARTY BENEFICIARIES This Agreement is entered into by and for the District and the City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. SECTION 13. FORCE MAJEURE Except for the payment of money, neither Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third-parties, or any law, order, or requirement of any governmental agency or authority. SECTION 14. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. SECTION 15. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations and agreements between the Parties pertaining to the subject matter hereof. SECTION 16. WAIVER A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. SECTION 17. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both District and City and approved as to form by the City Attorney. SECTION 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. SECTION 19. AGREEMENT EXECUTION AND AUTHORIZATION Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity on whose behalf they are executing this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] APPROVED AS TO FORM : By ~?> G~S8i APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ATTEST: By aP()~ Q '/?~ Leilani I. Brown , City Clerk ORANGE COUNTY SANITATION DISTRICT Attachments : Exhibit A-Non-exclusive Easement & Legal Description Exhibit B-Resolution Adopting Joint Project MND Exhibit C-Construction Costs Estimate [END OF SIGNATURES] U V Ult:l l : --------------L..J '-'l11 ..:::;;1 . ---------------- c: .Q 0. ·c u en . Q) 0 -··· .. co -0> Q) ~ ...J < cc:! ~ --c: ·-Q) .c E :2 Q) >< en w ctl w Q) > '(i) :J ~ I c: 0 z ~ ,..!: RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Attn: City Clerk Exemptfrom Recording Fees Pursuant to Government Code §§ 6103 & 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT This Grant of Easement (this "Easement") is entered into as of ~ I~ 2009 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a municipal corporation ("Grantor") and ORANGE COUNTY SANITATION DISTRICT, a California County Sanitation District, its successors and assigns (referred to as the "Grantee"), with reference to the following facts. A. Grantor is the fee owner of certain real property located in the City of Newport Beach, County of Orange, State of California, commonly referred to as the Big Canyon Nature Park Area,(the "Grantor's Property"). B. Grantor desires to convey to Grantee a non-exclusive easement for pedestrican and vehicle ingress and egress over that portion of the Grantor's Property, which property is more particularly described in Exhibit "A" attached hereto and incorporated by this reference ("Easement Area"), subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, benefits, obligations and agreements set forth herein, the parties agree as follows: 1. Grant of Easement. Grantor grants to Grantee, and Grantee accepts the grant of, a non-exclusive easement on, over, under and across the Easement Area for pedestrian and vehicle access in order to inspect, maintain and repair Grantee's sewers, manholes and related sewer equipment (the "District Facilities"). 2. Nonexclusive Easement. The Easement is non-exclusive and the Grantor reserves all rights compatible with and not prejudicial to the construction, operation, maintenance and repair of or access to the District Facilities. 3. Indemnification. To the fullest extent permitted by law, Grantee, its successors or assigns, agrees to indemnity, defend with counsel approved in writing by Grantor, and hold harmless Grantor and its elected and appointed officials, officers, agents and employees ("Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), which arise from the Grantee's its agents', employees', invitees', or contraCtors' use of the Easement Area, or the operation, inspection, maintenance, repair and/or continued existence of the District Facilities on the Easement Area. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys; fees in any action on or to enforce the terms of this Grant of Easement. 4. Joint and Several Liability. Unless otherwise provided in this Grant of Easement, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 5. Commencement of Easement. The Easement rights contained herein shall commence upon recordation of this Easement in the Official Records of the County of Orange. 6. Taxes. The payment of any real property taxes and assessments relating to the Easement granted herein shall be borne by the Grantee. 7. Permitted Use. Grantee shall use or permit the use of the Easement solely for the purposes stated in Section 1 hereof. 8. Successors and Assigns. This Agreement, including the grant of Easement and all rights and duties of the parties, shall run with the land and inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. 9. Miscellaneous Provisions. A. There are no representations, warranties or other agreements between the parties as to the matters described in this Agreement except as expressly stated herein, and this Agreement fully states the agreement of the parties as to such matters. B. No change, amendment, alteration or revision of this Agreement shall be valid unless in writing and signed by the parties hereto. C. In any action or proceeding between the parties to enforce any provision hereof; the party prevailing shall not be entitled to reasonable attorney's fees in addition to such other relief. D. Except as otherwise provided herein, all covenants, agreements and representations will survive the execution of this Agreement and any conveyances, transfers and deliveries contemplated herein. E. This agreement shall be interpreted, enforced and governed by the laws of the State of California. GRANTOR: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ATTEST: ~n~ By~Y, ·M~. Leilani!. Brown, '. City Clerk GRANTEE: APPROVED AS TO FORM: BY~/~ General Counsel ORANGE COUNTY SANITATION DISTRICT L ~ B.0~<.Jl>~ .. . '. ames Ruth, General Manager State of California } } ss. County of Orange } on~ :21) 1Doqbefore me,LU.:A~ WOsJV~tary Public, personally appeared EDWARD 5ELlCH, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his Signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of ttl~~~~~fiiU.~~~I~~Bilia,h is true and correct. State of California County of Orange } }ss. } On before me, Notary Public, personally appeared- ____ ~--__ ~~~~~~~~--~~--~~~------~------~--~~~--~~~i who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity(les), and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ (5eal) .... ~---------------------=------------------------------~~. 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of california County of Orange On 12114/09 , before me, Ulia Kovac. Notary Public _______ _ Name and nUe of officer Date personally appeared James P. Ruth and penny M. Kyle __________ _ Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to ) be the person(s) whose name(s) ielare subscribed to the within instrument and acknowledged to me that Ae.I8AeIthey executed the same in ~their authorized ~. capacity(ies), and that by fti8IAeFItheir signature(s) on the ./ instrument the person(s), or the entity upon behalf of (:; which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~E5S my hand a. nd official seal. ~Q~ . Signature of Notary Public --------------------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: ""G""'ra""n .... t~o"-f =Ea=s::::e~m""e .... n:.:..t ___________________ _ Document Date: December 15. 2009 Number of Pages: ... 3;..... ____ _ Signer(s) Other Than Nam~d Above: ---LN.u.{A~ ___________________ _ Capacity(les) Claimed by Signer Signer's Name: I:J Individual I:J Corporate Officer -Title(s): §§.!llU~d9r';I----­ o Partner -Q Limited 0 General Q Attorney in Fact Q Trustee o Guardian or Conservator o Signer Is Representing: Signer's Name: Individual Corporate Officer-Title(s): ~~'==I Partner -0 Limited 0 General Attorney in Fact Trustee <, -' ;. )) /;S « ') --.\ <~, /' ,. >5, '> >;: /.> EXHIBIT "A" to Easement « <. < Legal Description .~.' '" , ~. EXHIBIT 'A' LEGAL DESCRIPTION BEING A PORTION OF LOT 56 OF'IRVINE SUBDIVISION ASPER MAP' RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLl.OWS: ' COMMENCING AT THE SOUTHEAST CORNER OF GRANT DEED AS DESCRIEs'ED IN INSTRUMENT NO. 85-399606 .. RECORDED OCTOBER 17, 1985, AND BEING A POINT ON THE WESTERLY, RIGHT OF WAY· LINE OF JAMBOREE RO~D, 132.00 FEET WIDE AS DESCRIBED IN BOOK 7964; PAGE 631 OF' OFFICIAL RECORDS OF SAID COUNTY, SAID WESTERLY LINE BEING A CURVE CONCAVE'WESTERL Y HAVING A BADIUS OF 5950.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 66°27'34" EAST; THENCE NORTHERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 00°31'55" AN ARC DISTANCE OF 55.24 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH-43"37'44" WEST, 16.59'FEET: " , ~. " .. '." THENCE NORTH 66°04'55'; WEST, 22.68 FEET TO THE BEGINNING OF ACURVECONCAVE , NORTHEASTERLY WITH A RADIUS OF 87.50 FEET; C ,. THENCE ALONG LAST;SAID CURVE THROUGH A CENTRAL ANGLE' OF 53°02 i43"AN'ARC DISTANCE OF 81.01 FEET; '. '., " , THENCE NORTH 05°02'1~·WES~, 68.65 FEET TO THfBEGINNING OF A'CURVE CONCAVE EASTERL YWITH A RADIUS PF 82;50 FEET; .' , THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 35°34.'25" AN ARC DISTANCE 9F 51;22 FEET; . ' THENCE NORTH 30°32'13" EAST, 0.51 FEETTOTHEBEGINNING OF ACLJRVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 92.50'FEET;· ." .. '. <~. . . • . -,' ". THENOE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 39 b 31'25"AN ARC '. DISTANCE 'oF 63.81 FEET; , ' ".. THENC~ SOUTH 70·03'38· WEST, 22.25 FEET; THENCE NORTH 08°64'49" EAST, 14.98 FEET; THENc::ESOUTH 70·16'60" EAST, 20.46 FEET; THENCE NORTH 64°61'01· EAST, 15.24 FEET; THENCE NORTH, 43~07'35'! EAST, 114.63 FEET TO THE BEGINNING OF·A GUR~E CONCAVE NORTHWESTERLY WITI:I A RADIUS. OF 238:00 FEET; " THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 22003'28" AN ARC DIST ANCEOF 91.63 FEET;" ' THENCE NORTH 21 °04'07" EAST, 87.09 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WITH A RADIU~ OF 102.50 FEET; '. " .'.. ' PAG E 10F3 < Ii': ,,' EXHIBIT 'A' , LEGAL DESC;:RIPTION THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 42°01'27" AN ARC DISTANCE OF 75.1BFEET; '~ , THENCE SOUTH 63°05'34" WEST, 35.11 FEET TO THE,BEGINNINGOF A CURVE'CONCAVE NORTHEASTERLY WITH A RADIUS OF 92.50 FEET;,' , THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 36°36'05"'AN ARC DISTANCE OF 59.09 FEET: ';, ; THENCE NORTH 26°~9'28· eAST,175.46 FEET; THENCE NORTH 25°48'31. WEST, 40.03 FEET; THENCE'NORTH 25°38'29" EAST. 36.90 FEET; THENCE SOUTH 64°21'31", EAST, 45.78 FEET TO THE'BEGINNING OFA CURVE ,CONCAVE , , SOUTHWESTERLY WITI:! A RADIUS OF 10.00 FEET;," .. , ' THENCE ALONG lAST SAID CURVE THROUGH A CENTRAL ANGLE OF a9';52~1"AN ARC DI?TANCE OF 15.69 FEET; , ' ' THENCE SOUTH 25°31 '10· WEST. 64.51 FEET; , THENCE SOUTH 29°~6'67· WEST, 87.68 FEET: THENCE SOtJTH 26~9'28" ~EST, 218.46 FEET; THENCE SOUTH 34°38'06" WEST, 310.61 FEET; THENCE NORTH 70°16'50. WEST, 74.32 FEET; THENCE SOUTH 70°03'38" WEST, 32.07 FEET TO THE;BEGINNING'OF A CURVE CONCAVE , SqUTHEASTERLYWITH A R'ADIUSOF 77.50 FEET; '" "tHENCE ALONG LAST SAID CURVE THROUGH A CeNTRAL ANGLE OF 39 0 31'25'; AN ARC ' DISTANCE OF 63.46 FEEl;. ' ." THENCE SOUTH 30°32'13" WEST, 0.51 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 67.50 FEET; " . . , THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 35"34'25". AN ARC DISTANCE OF 41.91 FEET; " . '. .... " THENCE'SOUTH 05"02'12" EAST,68.65 FEET TO THEBEGINNIN&OF:ACURVE CONCAVE' NORTHEASTERLY WITH A RADIUS OF 72.50 FEET; " ., THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 53 0 02'43° AN ARC DISTANCE OF67.12 FEET; " ,,',' . THE~lCE SOUTH 5B004'55" EAST, 22.68 FEET; PAGE20F3 ,-,;:. . ~ ,. .:~ EXHIBIT lA' , 'L-EGAL DESCRIPTION THENCE SOllTH 72007'55A EAST.16.97 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF JAMBOREE ROAD, SAID POJNT BEING ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5950.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 57°12'56" EAST; , ' THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 00°13'26" AN ARC DISTANCE OF 23.26 FEET TO THE POINT OF BEGINNING; , . . . , All AS SHOWN ON EXHIBIT 'B', ATIACHED HERETO AND BY THIS 'REFE~ENCE MADE A PART HEREOF. . ,SUBJECT TO COVENANTS, CONDITIONS,RESERVATIC>NS, RESTRICTIONS, RIGHTS. OF WAY AND EASEMENTS OF RECORD, IF ANY~' , CONTAINING AN AREA OF 0:91 ACRES, MORE OR LE¢S: THIS DESCAIPTIONHASBEENPREPARED BY ME OFf UNDER MY DIRECTION AND DATED THIS t.2!1' DAY OF MAY, 2009. " . ",. .. " , . " J.O. AUSTINSON, P.L.S. 5394 LICENSE 'EXPIRES. 09/30110 . "' . . PAGE 3 OF) ., :~", :", NOTE: SEE PAGE 4 OF 4 FOR LINE, CURVE AND RADIAL INFORMA nON. . ,/ ro~ LOT 56 GRANT DEED , ""t!-.. IRVINE SUBDIVISION INST. NO. 85-399606 ~'v .JfjP> \ (0 I. 7 -v.<b '" \.fJ-J ~ ." / ~ / -.-'. TRACT 6947 M.B.' 285/8-12 LEGEND: RIGHT or WAY LINE CENTER LINE LEGAL DESCRIPllON' BOUNDARY LINE LOT LINE ' --' " / NOTE:'; ( )=INFORMA llON PER INST.,NO. 85-399606 AND TRACT" 6947 ~ .. , ,: AREA=,0.9f A.C., NOTE: SEE PAGE 4 OF 4 FOR LINE. CURVE AND RADIAL INFORMATION. ~GRANT DEED INST: NO. 85-399606 REC'D. 10/17/85 LEGEND: .. RIGf:HOF WAY LJNE. CENTER LINE, . LEGAL DESCRIPTION BOUNDARY LINE LOT LINE VA CONSU. TING ",c. . EXHIBIT 'B' .~ .. ~. 'CIVIL EHOINEERS .. ~> wo ~"" LAND PlANNiR' . PLAT :jj~,£, ·i'15/~iiiOa.· •... , t,...' I==========::;:::====::::::::::;t. TO ACCOMPANY i.Ea...l DESCntPl'lON IH" PRO.! "U:R,"DDV ... •• -::iii... ~... 6,400 OM CANY0t4~ lSO.niE QTY or NEVtPORT WCH· IRVIH£. CA 9261'-1949I'47+-MOII • ~.Nry' or ORAHGEoSTA1£ or:~ORNI". ';. .~.." NOTE: SEE PAGE 4 OF 4 FOR LINE, CURVE AND RADIAL INFORMATION. GRANT DEED INST. NO. 85-399606 REC'D.10/17/85 LEGEND: RIGHT OF WAY LINE CENTER LINE LEGAL DESCRIPllON BOUNDARY LINE . LOT liNE VA' CONSll TINGNC. TRACT 5425 M.B. 199/1~2' NOTE: / ( )=INFORMAllON PER, INST. NO. 85-399606 AND TRACT 542S, 6'6 .... ! " / \b ',CMllNoUuEU ," ,.);; f:=LNO===U:=:IIl¥=CIlS::::::::==::::::::=====LAN:=:D=PLANH===W===I -Y'".1. 6«XJ OM: CANYON, SU1i I!iD IRVINE, CA.Z'" EXHIBIT'S' PLAT TO Acc0r.4PAHYL£QAI. DESCRiPtiON IN Pllci.iiicA: 'OiIv , lWE alY Of H~T BEACH' SUR\'£YOA,: JIJA COUNTY OF' ORAN<lE."STA.TE OF"~UF'ORH1A dlllAFltR .. TtE ' :;<, .. ,. " ..... ::::::.: ...... :, ... , " . LINE TABLE .. '; , ,.' LINE BEARING LENGTH , L1 N43'37'44"W ~ 16.59' L2 N58'04'55"W .. 22.68' ':' L3 NOS'02'12"W .. .68.65' L4 N.30'.32'13"E 0.51' LS S70'03'38"W 22.2S' L6 N08'54' 49"E 14.98' " L7 S70'16'50"E 20.45' L8 N54 '51'01"E 15.24" 19 N21'04'07"E .. 87.09': " UO S6Y05'34"W 35.11', Ll1 N25'48'31"W 40.0.3" , , "' <. l12 N25'38'29"E 36.90' l13 S64'21'31"E 45.78" L14 S25'31"0"W 64.51' l15 N70'16'50"W 74.32' .' ",' U6 S70'0.3' 38"W .32.07' l17 S72·07'55"E 16.97' .. CURVE TABLE: '. CURVE LENGTI-l RADIUS DELrA; I." ~'. .. Cl 55.24' 5950.00' 00·31'55"' , . , .. ., ,. .~ , C2 81.01' 87.50', ····53··02'43 .. · .. "", .. . , C3' 51.22' 82.50' ". 35,"34'25" ". ~:.~ . .. , '", ~ C4 63.8" 92.50' .. 39'31~25"'. " " .... C5 91.6.3' 238.00' 22'03'28" '. '.~ C6 ' 75.18' 102.50'.· 42'01'27" C7 59.09' 92.50" '.36·36'05" , .... C8 15.69' 10.00' 89'52'41" .' ", ., C9 53.46' , 77.50", 39".31'25" .. Cl0 41.91" 67.50';, ,3S·34'25" .. ell ,'67..12' 72.50' , • 53'02'4.3"" ., " , C12 23.26" 5950.00~ 0(J-1.3'26":;~ .:" "::,' ; . .' '. <. ., RADIAL TABLE '"': ... .. .. " , . :" ~.~ .. LINE ,':' BEARING .. " , R1 S56'27'3'4"E ... .. ~.: '._, . " .. R2 S56'59'29"E I' .' R.3 557'12'56':E .. :.? ~ .. .•.... .. , k VACON5U. T1NG INC. EXHBIT'B' AC'IISION DATE, :"\bz , ,PIIO-ECTNDl,;31J.,.0400 .... .. eMl EHOmURa , PLAT DAm OS/10/Of .' . WI) UYlYORI lAND PI.ANNW .~, . ",' . PfI~.IIGR' 00".' '&..00 OM ~ sloE a' TO ACCOIolPNI'f L[GALDE~pnOH IN . ' tHE CITY or Ne\\POlIT BEACH.. .. sUft'JEYQfI'JCIA . ,<. IRY~'c:A U~II' 19491 "' ..... 1400 COUNTY (1F ORANCE. STAlE OF,CAUFOlIIiIA .. ORAFltII, TtE ....... .. '. .. ' .. Figure Name: Parcel A North: 2176357.09~7 Bast: 6066463.5028 .... Course: S 26-29-28 W Distance: 160.1554 North: 2176213.7601 Bast: 6066392.0638 Arc Length:.59.0905 Radius: 92.5000 Delta: 36-36-05 Tangent: 30.5927 Chord: 58.0908 Ch Course: S 44-47-31 W CoW'oo In: N 63-30-32 W Out: S 26-54-26 E ' Ctr North: 2176255.0207 East: 6066309.2760 End North: 2'176172.5348 East: 6066351;1368 Course: S 63-05-34 W DistlUlce: 3'S.i H2 North: 2176156.6453 Bast: 6066319.8268 Arc Length: ,75.1796 Radius: 102.5000 Delta:' 42-01-27 Tangent: 39.3708 Chord: 73.5057 Ch Cours~: S 42-04-50 W Course In: S 26-54-26 BOut: N 68-55-53 W Ctr North: 2176065.:2.420., East 6066366.2130 End North: 2176102.0892 East: 6066270.5651 ' Course: S 21-04-07 'w Distance: 87.0935 Nortb: 2176020.8178' Bast: 6066239.2563 Arc Length: 91.6254. 'Radius:238.0000'· Delta(22-03-28 Tangent: 46.3870 Chord: 91.0606 Ch Course: S 32-05·51 W Course In: N 68-55-Sl,W Out: S 46-52-25 E CtrNorth: 2176106.3751 East: 6066017.1663 End North: 2175943.6762 East: 6066190.8703 Course: S 43-07-35 W ' ' Distance: 114;6299 N0l1h: 2175860.0137 East: 6066112.5083 Course: S 54-51.01 W' Distailce: 15~2397 North: 2175851.2400 Bast: 6066100.0475 ,. 'Course: N 704~50 W DiStance: 20.4521 North: 2175858.1408 East: 6066080.7947' " Course: S 08-54-49 W"; Distance: 14.9821 North: 2175843.3397 ,East: 6066078.4733 • CQurse: S 70-03-38 W ' DistlUlce: 22.2518 North: 2115835.7512< East: 6066057.5554, Arc Length: 63.8082' , Radius: 92.5000 Delta: ,39-31-25 Tangent: 33.2325 Chord: 62.5505 ,ChCourse:S 50-17-56 W Course In: S 19-56-22 E ,'. ,Out: N 59-27-47 W Ctr North: 2175748.7962; East: 6066089.1003 End North: 2175795.795,0 East: 6066009A299 Course: S30-32~ 13 W Distance: 0.5094 North: 2175795.3562 East: 6066009.1711 ,. Arc Length: 5 1.2224 Radius: 82.5000 Delta: 35,.,34-25 Tangent: 26.4669; Chord: 50.4036 Ch Course: S 12-45-01 W Course In: S 59-27-47 BOut: S 84~57-48W ell North: 2175753.43.84 Bast: 6066080.2~ End North: 2175746.1955 .. , EaSt: 6065998:0470.> Course: S 05-02;';12 E " > Distance: 68.6471' North: 2175677.8i34 ,East: 6066004.0737 Arc Length: 81.0089 Radius: 87.5000 Delta:.53-02-43 Tangent: ~3.6692 Chord: 78.1466 a1 Course: S31-33-34 E Course In: N 84-57-48 E Out: S31-55-05 W Ctc Nortb: 2175685.4953 East:6066091.2359 :.~ . '. ,,' :~:.:-. :., '". :~. 10F3 End North: 2175611.2248 Enst: 6066044.9742 Course: S 58-04-55 B Distance: 22.,6815 North: 2175599.2330 East: 6066064;2264 Course: S 43-37-44 B Dislllllce: 16.5892 North: 2175587.2253 East: 6066075.6727 Arc Length: 23.2634 Radius: 5950.0000 Delta: 0-13-26 Tangent: 11.6317 Chord: 23.2634. Ch Course: N 32-5348 B Course In: N 5~59-29 W Out: S 57:12-56 B .'. Ctr North: 2178828.5762 Bast: 6061086.0691 End North: 2175606.7584 East: 6066088.3076 Course: N 72-07-55 W Di8tance:16.9692 North: 2175611.9651 'EaSt: 6066072.1570 , Course: N 58~-55 W Distance:. 22.6815 North: 2175623.9568 'East: 6066052.9048 Arc Length: 67~1217 Radius: 72.5000 Delta: 53-02-43 Tangent: 36.1830 Chord: 64.7501 eh Course: N 31-33-:-34 W Course In: N 31-55-05 E Out: S 84-57-48 W Ctr North: 21756s5.4953 East: 606609 1'.2359 End North: 2175679.1303 East: 6066019.0158 Course: N 05-02-12 W Distance: 68.6472 North: 2175747.5124. East: 6066012.9891 . Arc Length: 41.9092 Radius: 67.5000 Delta: 35-34-25 Tangent: 21.6548 Chord: 41.2393 Ch Course; N 12-45-01 E Courseln: N 84-5748'B Out:N59-27-47 W ' Ctr North: 2175753.4384' East: 6066080.2284 End North: 2175787.7348 ,Bast'6066022.0906 Course: N 30-32'-13 E . Distance: 0.5094' North:.2175788.1736 East: , 6066022.3494 Arc Length: 53.4609 Radius: 77.5000 . Delta: 39-31-25 . Tangent: 27.8434 Cho'rd: 52.4072' Ch Course: NSO'-17-56 E Course In: 859-27-47 BOut: N 19-56-22 W .. ccr NQrth: 2175748.7962 Bast:6066089.1003. Bnd North: 2175821.6504 Ea8t:6066062.6708 : • Course: N 70-03-38 E . Distance: 32.0672 North:.2175832:5862 Bast: 6066092.8157 . Course: S 70-16-50 E:' Distance: 74:3188 North: 2175807.5100 East: 6066162.7762 Course: N 34-38-06 B . Distance: 310.6144 North: 2176063.0803 East: 6066339.3127 Course: N 26-29-28 B Distance: 218.4565 North:'2176258.5994 East: 6066436.7575 Course: N 29-36-57 B Distance: 87.6759 North: 2176334.82'12 . EaSl: 6066480.0853 Course: N 29-36-57 E' Distance: 0.2682 . , .. North: 2176335.0544 .Bast: 6666480.2179 Course: N 25~31~10 E Distance: 64;5117 North: 2176393.2723 Bast: 6066508.0106 ArcLength: 15.6867 Radius: 10.0000 Delta: 89-52-41 .. Tangent: 9.9788 ChOl'd: 14.1271 Ch Course:N 19.-25:-11 W Course Ill: N 64-28-50 W . Out: N 2S~38-29 E Ctr North: 2176397.5804 East:6066498.9862 "; .. " ~: ... 20F3 .~ , End North~ 2176406.5956 Bast: 6066503.3136 Course: N64~2i..31 W Distance: 45.7799 North: 2176426.4062 Bast: 6066462.0420 Course: S 25-38~29 W Distance: 36.9007 North: 2176393.1395 East: 6066446.0738 Course: S 25-48-31 E Distance: 40.0330 . "." ·i North: 2176351.0997 East: 6066463.5028 Perinieter: 2221.1532 Area: 39668.2569. . 0.9107 acres Mathematical Oosure -(Uses'Survey UnilS) .. , Error of Closure: 0.00000 Course: S 9O"()()"()O B PreCision 1: 2221153229.99 :> /. . . .30F3 Exhibit "B" Resolution Adopting Joint Project MND ., RESOLUTION NO. 2009-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A REVISED MITIGATED NEGATIVE DECLARATION FOR THE BIG CANYON CREEK RESTORATION PROJECT LOCATED AT 1900 BACK BAY DRIVE WHEREAS, a Mitigated Negative Declaration (MND) was prepared and approved by the City Council on September 11, 2007; and WHEREAS, water sampling was performed and high selenium concentrations were discovered in the water column, sediment and animal tissue; and WHEREAS, the project design was then revised to address this concern in consultation with the California Department of Fish and Game, United States Army Corps of Engineers, California Coastal Commission and Regional Water Quality Control Board; and WHEREAS, a revised MND was then prepared based on the revised design in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 and then circulated for public comment between July 2nd and August Td, 2009; and WHEREAS, on the basis of the entire environmental review record, the MND finds that the proposed project, with mitigation measures, will have a less than significant impact upon the environment; therefore be it BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there Is no substantial evidence that the project, with mitigation measures, will have a significant effect on the environment, and that the Revised Mitigated Negative Declaration reflects the City Council's Independent judgment and analysis. The City Council hereby adopts the Revised Mitigated Negative Declaration. The document and all material, which Mr constitute the record upon which this decision was based, are on file with the Public Works Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. City Clerk PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach held on thexi), day of ust, 2009. ATTEST: CITY CLERK i STATE OF CALIFORNIA 1 COUNTY OF ORANGE CITY OF NEWPORT BRACH I 1, l eilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -59 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of August, 2009, and that the same was so paased and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Mayor Selich Noes: None Absent: Gardner, Daigle Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of August, 2009. oj t 0�� City Clerk Newport Beach, California (Seal) W, 0 N �m �x s n� o N yn m N_ d m r. OCSD Upper Maintenance Road Cost Estimate 5/31/2007 Item Description Unit Quantity Unit Price Price 1 General Mobilization LS 1 $50,000 $50,000 2 Clearing/Grubbing/Demolition LS 1 $15,000 $15,000 3 SWPPP LS 1 $10,000 $10,000 Subtotal $75,000 Driveway Approach at Jamboree B29 4 Type I Driveway Approach LS 1 $2,000 $2,000 5 6" Thk. P.C.C. SF 390 $7 $2,730 6 2' Log retaining wall LF 21 $375 $7,875 7 Sawcut (sidewalk and pavement) LS 1 $500 $500 8 Cut CY 15 $5 $75 9 Compacted Fill CY 8 $25 $200 Subtotal $13,380 12' Gravel Maintenance Ramp 10 Gravel surfacing with PX300 SF 4,200 $2 $8,400 11 Logs LF 560 $50 $28,000 12 Adjust Manhole to grade EA 1 $1,000 $1,000 13 Cut CY 155 $5 $755 14 Fill CY 80 $25 $2,000 35 Slope Stabilization LS 1 $15,000 $15,000 Area Subtotal $55,175 16 Junction Gravel surfacing with PX300 SF 1700 $2 $3,400 17 Cut CY 65 $5 $32S 18 Fill CY 35 $25 $875 Subtotal $4,600 19 10' Access Road Gravel surfacing with PX300 SF 5,885 $2 $11,770 20 Cut CY 220 $5 $1,100 21 Fill CY 110 $25 $2,750 Turnaround Subtotal $15,620 22 Gravel Surfacing with PX300 SF 1,545 $2 $3,090 23 Cut CY 60 $5 $300 24 Fill CY 30 $25 $750 ,Subtotal $4,140 Crossine 25 Gravel surfacing with PX300 SF 2,345 $2 $4,690 26 12' Dia. RCP LF 32 $2,000 $64,000 27 Join Pipe (RCP to CMP) LS 1 $2,000 $2,000 28 Ripmp CY 55 $75 $4,125 29 Adjust Manhole to grade EA 1 $1,000 $1,000 30 Conc. Retaining/Headwall CY 75 $750 $56,250 31 Guard Rail LF 78 $20 $1,560 32 Channel Excavation LS 1 $10,000 $10,000 33 Cut CY 90 $5 $450 35 Outlet Grade to Drain and Erosion LS 1 $30,000 $30,000 Control Subtotal $184,825 Total Mite Improvement $352,740 Continaenw $79,423 Total QtWe Improvement with Contin¢em $432,163