HomeMy WebLinkAboutC-2753(C) - Joint Powers Agreement, Coast Supply Line (Abandonment of Portions of Existing Pipeline)CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: June 28, 1989
SUBJECT: Contract No. C- 2753(A), C- 2753(B), C- 2753(C)
Description of Contract Joint Powers Agreement for Coast
Supply Line
Effective date of Contract June 9, 1989
Authorized by Minute Action, approved on May 22, 1989
Contract with Laguna Beach County Water District
Address 306 Third Street
P.O. Box 987
Laguna Beach, CA 92652
Amount of Contract (See Agreement)
k � 4f ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
QMay 22, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(e)
TO: MAYOR STRAUSS AND MEMBERS OF THE CITY COUNCIL -,y -,
FROM: Robert J. Dixon, Utilities Director
SUBJECT: JOINT POWERS AGREEMENT FOR COAST SUPPLY LINE M AY 2 2 1989
APPR0VED
RECOMMENDATION:
"i
If desired, approve a three part joint powers agreement
concerning replacement of portion of water transmission
line known as Coast Supply Line.
DISCUSSION:
The Coast Supply Line, one of the two principal sources of water supply
for future downcoast development, is in need of replacement due to
corrosion. It is expedient and cost effective to replace the fifty -one
year old line at this time due to the planned widening of Pacific Coast
Highway in the area between the border of Corona del Mar and Laguna.
The City Council on June 27, 1988, acting upon the recommendation of
the Water Committee, approved a series of joint powers agreements cover-
ing the construction of the Coast Supply Line from Fernleaf Avenue in
Corona del Mar through the downcoast area to the City of Laguna Beach.
Subsequently, the Council adopted a resolution ( #88 -121) opposing any
construction in Coast Highway prior to the completion of Pelican Hill Road.
Laguna Beach County Water District ( LBCWD), acting as the lead agency for
the renovation and construction of the Coast Supply Line, made changes
in the joint powers agreement following the decision of the South Coast
Water District to drop out of the project. These revised agreements
require the approval of the City Council.
The revised agreements do not change in any significant way the City's
responsibilities or benefits that were agreed upon in the previous JPA.
The Water Committee, in reviewing these agreements at its meeting in April
1989 requested that the agreements not be submitted for Council approval
until the LBCWD, in writing, agreed to the City's Resolution No. 88 -121
and also agreed to coordinate the work with the Orange County Sanitation
Districts' sewer construction.
The LBCWD on May 11, 1989 agreed to the City's conditions, a copy of their
letter is included, and the revised agreements are presented to you with
the recommendation of the Water Committee for approval.
Res ectfully sWxaj,tted,
Rober J. Dixon
Utilities Director
j RJD:hh
LAGUNA BEACH CONTY WATER DISTRICT
DIRECTORS: OFFICERS:
RICHARD JAHRAUS, President JOSEPH A. SOVELLA
LOUIS J. ZITNIK, Vice President General Manager & Secretary
BRUCE R. SCHERER ROBERT L. WESTPHAL
EUGENE M. SHIDLER Auditor /Treasurer
JAMES R. NESTOR
TED M. DONIGUTAN District Engineer,,
LEGAL COUNSEL: —
r---
RIMELandRIMEL '4014 ,,
INCORPORATED 1 92 5
May 11, 1989
Mr. Robert Dixon
Utilities Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Newport /Irvine Coast Planned Community
Dear Bob:
The Laguna Beach County Water District wishes to
confirm past disucssions that the District will cooperate
with the City of Newport Beach in the replacement or
refurbishment of the Coastal Supply Line through the City
of Newport Beach. The District is curently analyzing
several alternatives for the replacement or slip - lining
of the Coastal Supply Line and will be happy to discuss
these alternatives with the City when appropriate.
To the best of our ability we will attempt to
coordinate the work on the line within the City
boundaries with the County Sanitation District. If you
have any questions, please contact me at 494 -1041.
Very truly yours,
'7� f '// "e5
Joseph A. Sovella
General Manager
JAS:ap
-, 306 THIRD STREET, P.O. BOX 987, LAGUNA BEACH, CA 92652 714/494 -1041
' v
JOINT POWERS AGREEMENT
FOR THE DESIGN OF THE
COAST SUPPLY LINE REPLACEMENT
THIS AGREEMENT made and entered into this day of
,1989, by and between LAGUNA BEACH COUNTY WATER DISTRICT,
''l ublic p agency, with its principal place of business situa-
ted in the City of Laguna Beach, California, hereinafter
referred to as Laguna District, IRVINE RANCH . WATER DISTRICT,
a public agency, with its principal place of business
situated in the City of Irvine, California, hereinafter refer-
red to as Irvine District, SOUTH COAST WATER DISTRICT,
a public agency with its principal place of business situated
in the City of Laguna Beach, California, hereinafter referred
to as Coast District, and the CITY OF NEWPORT BEACH, a city
organized and existing under the laws of the State of Calif-
ornia, with its principal place of business situated in the
City of Newport 3each, California, hereinafter referred to as
City,
W I T N E S S E T H:
EXPLANATORY RECITALS
THAT, WHEREAS, Laguna District, Irvine District, Coast
District and City, under the authority granted to each of them
1
0 1 0
by law, including the provisions of Article I of Chapter 51
Division 7, Title 1, of the Government Code of the State of
California providing for the joint exercise of powers by public
agencies, may, by agreement entered into by them and authorized
by their legislative bodies, jointly exercise in the manner
herein provided any power common to them.
WHEREAS, the parties hereto are desirous of jointly
acquiring easements and constructing new facilities for the
transportation and distribution of water, which facilities
will extend from the vicinity of Fernleaf Street in the City
of Newport Beach, to the vicinity of San Joaquin Street and
Hillcrest Street in the City of Laguna Beach. All of said
facilities including the necessary rights of way, pipelines,
fittings, and appurtenances will constitute a complete facility
in accordance with plans and specifications prepared and
to be prepared by James M. Montgomery, Consulting Engineers, Inc.
and are situated as described in Article SECOND hereof as
Sections 1 to 3, inclusive, and for brevity are hereinafter
sometimes referred to as the Coast Supply Line. A schematic of
the Coast Supply Line is attached as Exhibit A.
WHEREAS, the parties jointly desire Laguna District to be
the managing agent and trustee, to administer and perform this
agreement on behalf of said parties
herein.
2
in the manner provided
WHEREAS, each party shall pay a pro rata share of the cost
of the design of the Coast Supply Line, all in accordance with
this Joint Powers Agreement.
WHEREAS, the final costs of the
Supply Line cannot be accurately determined
tion is completed and an accounting is mad
commence and prosecute the design of the
will agree to make the pro rata payments
provided.
design of the Coast
until after construc-
and in order to
line, the parties
required as herein
WHEREAS, Coast District has found an alternate source of
water and therefore does not wish to obtain any delivery capabili-
ty in the Coast Supply Line.
: JHEREAS, Coast District desires to pay for a portion of
the design costs of the Coast Supply Line, but not for any costs
in association with the construction of the Coast Supply Line.
WHEREAS, the parties hereto further understand and recog-
nize that it will be the sole obligation of each party, at its
sole cost, to design its own connections to the Coast Supply
Line, together with all appurtenances, for its distribution
system as required for the proper management of the Coast Supply
Line.
NOW, 'mEREFORE, for and in consideration of the mutual
3
promises and agreements herein contained, the entering into of
this agreement by the parties hereto, and the mutual benefits
which each of the parties will derive from the Coast Supply Line,
the parties agree as follows:
EXECUTORY AGREEMENTS
FIRST: the parties hereto enter into this Joint Powers
Agreement, hereinafter referred to as Agreement, with the purpose
of jointly exercising their respective powers for the design
of the aforesaid Coast Supply Line. The parties will jointly
finance and pay for the design of said Coast Supply Line
and appurtenant facilities in the manner as provided in this
Agreement. Laguna District is hereby designated and appointed by
all the parties hereto as managing agent and trustee for all
purposes of deli;;; of said transmission main and appurtenances,
subject only to the limitations and restrictions herein set
forth.
SECOND: Laguna District shall administer and execute this
Agreement in its own name,but as managing agent and trustee for and
on behalf of all parties hereto. For the purpose of this Agreement
and in performing all of its duties and obligations under this
Agreement, regardless of the nature thereof, Laguna District shall
act in its own name and pursuant to the laws which govern Laguna
i
District and in the manner in which Laguna District customarily
performs such acts.
THIRD: The transmission main and appurtenances called
the Coast Supply Line will be divided into four sections as
follows (Engineer's Station numbers refer to plans prepared and
being prepared by James M. Montgomery, Consulting Engineers, Inc.,
for the Coast Supply Line):
SECTION 1a to be constructed hereunder shall be that
portion of the Coast Supply Line which extends along the easterly
side of State Highway ORA -60 -B, as shown on plans of said State
Highway in Orange County approved August 1, 1931, beginning at
Engineer's Station 0 +00 at Fernleaf Avenue in the City of Newport
Beach to approximately Engineer's Station 80 +00 of said Coast
Supply Line. The design capacity of Section 1a is 22 cubic feet
per second. The approximate length of Section to is 8,000 feet.
SECTION 1b to be constructed hereunder shall be that portion
of the Coast Supply Line which extends along the easterly side of
said State Highway from the southeasterly end of abovementioned
Section la, to approximately Engineer's Station 136 +00 of said
Coast Supply Line. The design capacity of Section lb is 22 cubic
feet per second. The approximate length of Section 11b is 5,600
feet.
SECTION 2 to be constructed hereunder shall be that
5
0
portion of the Coast Supply Line which extends along the
easterly side of said State Highway from the south-
easterly end of above - mentioned Section 1b, to approximately
Engineer's Station 202 +50 of said Coast Supply Line, thence
extending northeasterly along easements from said point at
approximately Engineer's Station 202 +50 of said Coast Supply
Line to the E1 Morro Reservoir site located in the south one -
quarter of Block 163 of Irvine's Subdivision as per map recorded
in Book 1, Book 88, of Miscellaneous Maps, records of Orange
County, California. The design capacity of Section 2 is 20
cubic feet per second. The approximate length of Section 2 is
9,000 feet.
SECTION 3 to be constructed hereunder shall be that
portion of the Coast Supply Line which extends along the easterly
side of said State Highway from approximately Engineer's
Station 202 +50, which is the most southerly point of
above - mentioned Section 2, to Ledroit Street in Tract No.
1100, recorded in Book 35, Pages 32 to 34 inclusive of Miscella-
neous Maps records of said Orange County, thence extending
along said Ledroit Street northeasterly approximately 800 feet.
The design capacity of Section 3 is 10 cubic feet per second.
The approximate length of Section 3 is 9,800 feet.
FOURTH: The actual cost to each party hereto cannot be
finally determined at this time, but the proportionate share of
Design Costs, as herein defined, to be paid by each of the parties
Q
i
shall be and hereby is, determined and established by this
Agreement as follows:
TABLE 4 - DESIGN COST SHARE
SECTION 1a SECTION 1b SECTION 2 SECTION 3
LAGUNA
DISTRICT( %)
37.037
37.037
40.000
66.667
COAST
DISTRICT (%)
18.519
18.519
20.000
33.333
IRVINE
DISTRICT( %)
37.037
37.037
40.000
0.0
CITY
(%)
7.407,
7.407
0.0
0.0
"Design Costs" as hereinabove used is defined as all costs of
engineering of the Coast Supply Line, including but not
limited to preliminary studies and reports, environmental
reports, preparation of plans and specifications, procuring
permits, solicitation of bids, attorney's fees, and other
expenses ordinary and necessary for the design of the
Coast Supply Line.
Specifically included in the term "costs" are all direct billed
charges incurred by Laguna District, all payments required to
be made by Laguna District under contracts entered into by Laguna
District, as managing agent and trustee for the parties to this
Agreement, including engineering contracts together with a factor
of one percent (1b) of all of said direct costs to cover
administrative services and overhead expense of Laguna District.
FIFTH: Coast District will not pay for any costs in
7
0 1 •
association with the construction of the Coast Supply Line or
receive any pro rata share of delivery capability of the Coast
Supply Line; except, Coast District agrees to pay the pro rata
share of the design cost of said Coast Supply Line specified
in paragraph Fourth.
SIXTH: The cost of preparing plans and specifications,
engineering design, engineering estimate of cost, and other costs
for the Coast Supply Line has,been estimated as of January, 1989
to be $216,300.00. In order to expedite completion of the design
of the Coast Supply Line, Laguna District, in its capacity as
managing agent and trustee under this agreement, has caused
substantial completion of such plans and specifications, engineer-
ing design and engineering estimate of cost by James M.
Montgomery Consulting Engineers, Inc., (which engineering company
is hereby approved by all parties hereto). Irvine District,
City and Coast District have and shall continue, upon notifi-
cation by Laguna District from time to time to cover their propor-
tionate share of such expense in sufficient amounts so that
advances by Laguna District for the benefit of Irvine District,
City and Coast District will not be necessary. Upon the execution
of this Agreement, Laguna District will determine the
respective shares of such engineering costs in accordance
with Table 4 to be paid by each party hereto and will notify
Irvine District, City and Coast District as to the amount of
of its proportional shares, and will request payment of the
unpaid balance thereof, if any; Irvine District, City, and
I
Coast District shall thereupon pay their proportionate share
of such costs to Laguna District.
SEVENTH: Laguna District, as managing agent and trustee
of all funds deposited by the parties in accordance with this
Agreement shall place such funds in a special account,to be
paid out by Laguna District only for the purposes and in
the manner set forth in this Agreement. Where practicable
to invest said funds, said funds shall be safely invested in
legal investments so as to draw the maximum obtainable rate of
interest, and any such interest will be added to the amounts on
deposit, in the respective parties' proportional shares. All
funds deposited shall be strictly accounted for by Laguna
District, which shall make a monthly itemized report to Irvine
District, City and Coast District showing the receipts,
disbursements, and balances of each party's account.
EIGHTH: At the conclusion of the construction of the
entire project as herein provided, Laguna District shall make
Cull and complete accounting of the total Design Costs
of the Coast Supply Line and shall deliver same to Irvine
District, City and Coast District. Such accounting shall show
the investment of all funds deposited, a summary and a final
computation of receipts and disbursements, and final com-
I
0 9
ation of the financial participation of the parties as set forth
in Paragraph Fourth hereof. Unless such accounting shows
otherwise, any excess of funds, whether from accrued interest
or deposit balances or otherwise, or any shortfall between the
actual cost and the amount deposited, shall be paid to or by the
parties, as the case may be in the proportions provided in
Paragraph Fourth hereof.
NINTH: Adequate metering facilities shall be designed
and installed by the parties to accurately measure the amount
of water delivered to or taken from the. Coast Supply Line.
The cost of design of said metering facility shall be paid
by the party or parties for whose benefit the metering
facility is constructed. Laguna District, as managing agent
and trustee of the Coast Supply Line shall approve all plans for
connection to the Coast Supply Line as well as the proposed meter-
ing facility prior to construction.
TENTH: This agreement shall inure to the benefit of and
shall be binding upon the respective legal representatives,
assigns and successors in the interest of the parties hereto.
This Agreement when executed shall be filed for record in the
office of the County Recorder of Orange County, and thereupon the
same shall be in full force and effect.
1 )
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their officers thereunto duly
authorized the day and year first hereinabove written
and have attached certified copies of the Ordinance,
Resolution, or Minute Action �of each of their respective governing
bodies authorizing the same.
LAGUNA BEACH COUNTY WATER DISTRICT
By
Title �'E1'�Lr1L /✓'Pe��Fe
SOUTH C ST .WATER DIIIS;'RIC
By
Title/ �- ✓raa/ �i� i}Gc'�—
IRVIN AN AR D STRICT
APPROVED AS TO FORM:
Legal Counsel • IRVID BY
Tit 1 neral Manager
ATTEST:
City Clerk
PO O
yTY OWN "'EP; ORT BE
By
Tittle Mayor Pro TemPro Tem
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their officers thereunto duly
authorized the day and year first hereinabove written
and have attached certified copies of the Ordinance,
Resolution, or Minute Action of each of their respective governing
bodies authorizing the same.
LAGUNA BEACH COUNTY WATER, DISTRICT
By( /(�
Tit 1 �'!'�Lr2L. /✓'/ r'��F e
SOUTH C ST WATER DISTRIC
By
T i t l e �= ✓ =� / C%%�,�aG L
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
0 % 1989, before me, the undersigned, a Notary
Public in a or sai tate, personally appeared Wanda E. Raggio
known to m o be the City Clerk of the City of Newport Beach, whose
name is su scribed to the within instrument, and acknowledged to me that
she executed the same.
WITNESS my hand and official seal.
,���. � • •iii :�' ,
. .�' r...l. . r r
0
STATE OF CALIFORNIA ) -
ss.
COUNTY ORANGE )
On 19 9y, before me, the undersign-
ed, No ry _Pub >c ip and- Tor said State, personally
appeared,,�,i./ /-7,
personally known to me
(or proved t me/(n the bapis of satisfactory evidence)
to be the
of Laguna Beach County Water District and known
the person who personally executed the within
on behalf of said public corporation, agency
subdivision, and acknowledged that Laguna.Beach
District executed the same.
WITNESS my hand and official seal. /
/Notary Publib in,#nd for said State
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On / (�1 , 19, yf
ed, No ry Pu 1>c i and or
app a e i
(or prove to me t e b s'
to be the
to me to be
instrument
or political
County Water
OFFICIAL SEAL
EMENE PHYLLIS PEARSOM.
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
OrANCE COUNTY
ac,. Ex0lres lure 24. 1989
before me, the undersign -
said State, personally
personally known to me
,satisfactory evidence)
of the City o New rt Beach and
the person who person ly executed the
behalf of said public corporation,
subdivision, and acknowledged that the
executed the same..
known to me to be
within instrument on
agency, or political
City of Newport Beach
WITNE
my
hand
of ici
seal.
Notary
Public
in a6cVfor
sVd
State
=1AL SEAL YLER m ALfoRNw •VTY. 16, 1993
12
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On '-�'- 13 , 19 TF, before me, the undersign -
ned, N5tary Public in.and T r said State, personally
appeared 4-�tt -Yr.MW 0- /%)')_t kt; , personally known to me
(or proved to me on the basis of satisfactory evidence)
to be the �' V7ZA,c�c,�.�cJ
of South Coast Water Distrid and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that South Coast Water
District executed the same.
WITNESS my hand and official seal.
6V "ZL, xj�
Notary Public iVand Tor saz to e
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On ✓q" S/ , 79 97y,
ed, a tary ublic in and r
appear d � /i r--`X- L
(or proved to4 me on e b sis
to be the 1 r
of Irvine Ranch Water District
the person who personally executed
behalf of said public corporation
subdivision, and acknowledged t
executed the same.
OFFICIAL SE,.
LINDA D JONF'
NOTARY PUBLIC - CAU.::.,.
'ORANGE COUNTY
My Comm. expires l! ?, :9s;i
before me, the undersign -
said State, personally
personally known to me
of satisfactory evidence)
and known to me to be
the within instrument on
agency, or political
at Irvine Water District
WITNESS,my hand and official seal.
n . /�
otavy Fub.Lic 44n
OFFICIAL SEAL
BETTY .I WHEftER
,Ro NOTARY PUBLIC - CALIFORNIA
ORANG_ COUNTY
My Comm. expires DEC 20, IBBD
or sa
13
ti
fIEWPORT BEACH
II
0
93
SECTION la
130 129
131 SECTION lb
CYM
132 133
SECTION 2
163 162
104
SECTION 3
105 166
LAGUNA BEACH
183 182
,;:111 l
EXHIBIVA'
t
ADDENDUM
Per the foregoing Design Agreement, all existing
owners in the Coast Supply Line were to participate in the
construction of a new pipeline on a pro rata basis; however,
Coast District has decided not to own any capacity in the
Coast Supply Line and therefore will not participate in the
cost of construction, but has agreed to pay their pro rata
share of design costs up to the date of this Agreement. The
balance of design costs shall be prorated as shown below:
DESIGN COST SHARE
SECTION 1a SECTION 1b SECTION 2 SECTION 3
LAGUNA DISTRICT (S) 45.455 45.455 50.0 100
IRVINE DISTRICT (P) 45.455 45.455 50.0 None
CITY (p) 9.090 9.090 None None
LAGU ACH COUNTY..WATIE ISTRICT
By
—�-- -/
Title General Manager
APPROVED AS TO FORM:
Legal Counsel - IRWD
ATTEST:
City Clerk
SOUTH C S VATcR [ ST _CT
By L° _ /!
Ti t l e G�EVe ?,� / 19n/rf G c /f—
By
!�
Tit I
eneral Manag r
CITY OF
By
NE4J 0 T BEa
Ti t. le
Mayor
Pro Tem
A -1
STATE OF CALIFORNIA)
) ss.
COUNTY OFeto E )
* 1989, before me, the undersigned, a Notary
1 Public i or said State, personally appeared Wanda E. Raggio
known to be the C ity Clerk of the City of Newport Beach, whose
name is subscribed to the within instrument, and acknowledged to me that
she executed the same.
WITNESS my hand and official seal.
FFICIAL SEAL.
SNAUNAIYN0YUR Notary Public in and Obr said Rate
NTARY PUBUC • MEORM
MAKE CMTY
01W Comm. EWrss An. 16.1993
• 0
STATE OF CALIFORNIA )
ss.
COUNTY ORANGE )
On _ 19 �9, before me, the undersign-
ed,Aa Notary Public n and �r said State, personally
appeared ,� LL¢ Zinc G`ri , personally known to me
(or prov to e on the basis of satisfactory evidence)
to be the�_,�
of Laguna Beach County Water Di:�trict and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that Laguna Beach County Water
District executed the same.
WITNESS my hand and official seal.
(�Zl 'i L2 J
otary Public iA and or said State
STATE OF CALIFORNIA )
ss.
COUVSY OF ORANGE )
' OFFICIAL SEAL
EA IEHE PHYLLi3 PEAF4 +
•�� 7; NOFARf I'UOLIC- CALIFORNIA }
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY COmm:Lslc : expires hwe 24. 1939
On / 197 ,1, before me, the undersign-
ed, 7a DJ o2xy :Pub.1.c and i °o r, said State, personally
atp/ared t5V personally known to me
(or proved to me on the bass'q t zatisfactory evidence)
to be the In
of the C'_;,y of N e,0 ort Beach and known to me to be
the person who personally executed the within instrument on
behalf of said public corporation, agency, or political
subdivision, and acknowled;ed that the C'_ty of Newport Beach
executed the same.
WIT11 S my hand and off icia seal.
CGGC C� G
rlelfj
Notary Publ_c in an for saV State
OFFICIAL, SEAL
SFF C lYN OYLER
no1a9YPueuc cAUFCan.A
ORANGE CCL'7;
F4 Comm. Ex :err
A -2
OFFICIAL S7 SH A
UNA LYN O aawrPU9uc CAL;1
ORhNGE COUNTY
My Comm. Exaires J:n. 1E. 1;93 }
• •
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On , 19 , before me, the undersign -
ned, a Notary Public in and -or said State, personally
appeared , personally known to me
(or proved to me on the basis of satisfactory evidence)
to be the
of South .Coast Water District and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that South Coast Water
District executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
} ss.
COUNTY OF ORANGE )
on 'A a.,t j/ ,
ed, a 4 an Pub I'c in and
appeared _
(or proved o me nth
to be the )�n��e �icawa�
19 ?% before me, the unders_gn-
for said State, personally
personally known to me
oasis of satisfactory eviden(-e)
of Irvine Ran ^n :Dater Dis�rict anc known to me �o be
the person who personally executed the with in instrument on
behalf o` Said public corporation, agency, or political
subdivision, and acknowledged that Irvine ',Dater D'str'ct
executed the same.
WITNES my hand and official seal.
aot ry Pub _ :n and for said State
OFFICIAL SEAL
BETTY J WHEELER
o ;l^ NOTA0.Y PUaL - CALIFORNIA
ORM3E COUNTY
hly C,mm. explres DEC 20, 1989
A -3
7r; r
JOINT POWERS AGREEMENT
FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF SECTIONS 1a, 1b
AND 2 OF THE COAST SUPPLY LINE
THIS AGREEMENT made and entered into this q-z�ky day of
H Q�,1989, by and between LAGUNA BEACH COUNTY WATER DISTRICT,
a public agency, with its principal place of business situa-
ted in the City of Laguna Beach, California, hereinafter
referred to as Laguna District, IRVINE RANCH WATER
DISTRICT, a public agency, with its principal place
of business situated in the City of Irvine, California,
hereinafter referred to as Irvine District, and the CITY
OF NEWPORT BEACH, a city organized and existing under the laws
Of, the State of California, with its princical place of
business situated in the City of Newport Beach, California,
I
hereinafter referred to as City.
1
W I T N E S S E T H:
EXPLANATORY RECITALS
THAT, WHEREAS, Laguna District, Irvine District and City,
under the authority granted to each of them by law, including
the provisions of Article I of Chapter 5, Division 7, Title 1,
of the Government Code of the State of California providing for
the joint exercise of powers by public agencies, may, by
agreement entered into by them and authorized by their
legislative bodies, jointly exercise in the manner herein
provided any power common to them.
WHEREAS, the parties hereto are desirous of jointly
acquiring easements and constructing new facilities for the
transportation and distribution of water, which facilities
will extend from the vicinity of Fernleaf Street in the City
of Newport Beach, to the vicinity of E1 Morro Reservoir in the
County of Orange. All of said facilities including the necessary
rights of way, pipelines, fittings, and appurtenances will con-
stitute a complete facility in accordance with plans and specifi-
cations prepared and to be prepared by James M. Montgomery,
Consulting Engineers, Inc., and are situated as described in
Article THIRD hereof as Sections la, 1b and 2, inclusive, and
for brevity are hereinafter sometime3 referred to as the
2
u
Coast Supply Line. A schematic of the
attached as Exhibit A.
0
Coast Supply Line is
WHEREAS, the parties jointly desire Laguna District to be
the managing agent and trustee, to administer and perform this
agreement on behalf of said parties in the manner provided
herein.
WHEREAS, each party shall pay a pro rata share of the cost
of the Coast Supply Line and each party shall receive as con-
sideration for its financial participation in such cost a portion
of the delivery capability in said Coast Supply Line, all in
accordance with this Joint Powers Agreement.
WHEREAS, the final costs of the construction of the Coast
Supply Line cannot be accurately determined until after construc-
tion is completed and an accounting is made, and in order to
commence and prosecute the construction of the line, the parties
will agree to make the pro rata paymenb►s required as herein
provided.
WHEREAS, the parties hereto further understand and recog-
nize that it will be the sole obligation of each party, at its
sole cost, to construct its own connections between its distribu-
tion system and the Coast Supply Line, together with all appurt-
3
enances, in
r
a manner consistent
with
the
proper
use,
operation,
maintenance,
and management of
the
Coast
Supply
Line.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements herein contained, the entering into of
this agreement by the parties hereto, and the mutual benefits
which each of the parties will derive from the Coast Supply Line,
the parties agree as follows:
EXECUTORY AGREEMENTS
FIRST: the parties hereto enter into this Joint Powers
Agreement, hereinafter referred to as Agreement, with the purpose
of jointly exercising their respective powers for the construc-
ction of the aforesaid Coast Supply Line. The parties will
jointly finance and pay for the construction of said Coast Supply
Line and appurtenant facilities in the manner as provided in this
as provided in this Agreement. Laguna District is hereby desig-
nated and appointed by all the parties hereto as managing
agent and trustee for all purposes of engineering, construction,
use, operation and maintenance of said transmission main and
appurtenances, subject only to the limitations and restrictions
herein set forth.
4
0 0
SECOND: Laguna District shall administer and execute this
Agreement in its own name, but as managing agent and trustee for
and on behalf of all parties hereto. For the purpose of this
Agreement and in performing all of its ,duties and obligations
under this Agreement, regardless of the nature thereof, Laguna
District shall act in its own name and pursuant to the laws which
govern Laguna District and in the manner in which Laguna District
customarily performs such acts.
THIRD: The transmission main and app - urtenances called
the Coast Supply Line will be divided into three sections as
follows (Engineer's Station numbers refer to plans for the Coast
Supply Line prepared and being prepared by James M. Montgomery,
Consulting Engineers, Inc.):
SECTION a to be constructed hereunder shall be that
portion of the Coast Supply Line which extends along the easterly
side of State Highway ORA -60 -B, as shown on the plans of said
State Highway in Orange County approved August 1, 1931, beginning
at approximately Engineer's Station 0 +00 at Fernleaf Avenue in the
City of Newport Beach to approximately Engineer's Station 80 +00 of
said Coast Supply Line. The design capacity of Section 1a is 22
cubic feet per second. The approximate length of Section 1a is
8,000 feet.
5
0 0
SECTION 1b to be constructed hereunder shall be that
portion of the Coast Supply Line which extends along the easterly
side of said State Highway from the southeasterly end of above -
mentioned Section 1a, to approximately Engineer's Station
Station 136 +00 of said Coast.Supply Line The design capacity of
Section 1b is 22 cubic feet per second. The approximate length
of Section 1b is 5,600 feet.
SECTION 2 to be constructed hereunder shall be that
portion of the Coast Supply Line which extends along the
easterly side of said State Highway from the south-
easterly end of above- mentioned Section 1b, to approximately
Engineer's Station 202 +50 of said Coast Supply Line, thence
extending northeasterly along easements from said point at
approximately Engineer's Station 202 +50 of said Coast
Supply Line to the E1 Morro Reservoir site located in the south
one - quarter of Block 163 of Irvine's Subdivision as per map
recorded in Book 1, Page 88, of Miscellaneous Maps, records
records of Orange County, California. The design capacity of
Section 2 is 20 cubic feet per second. The approximate
length of Section 2 is 9,000 feet.
FOURTH: The actual cost to each party hereto cannot be
M
finally determined at this time, but the proportionate share of
Construction Costs, as herein defined, to be paid by each party
hereto shall be, and hereby is, determined and established by this
Agreement as follows:
LAGUNA DISTRICT(')
IRVINE DISTRICT(')
CITY (')
TABLE 4
CONSTRUCTION
COST SHARE
SECTION 1a
SECTION 1b
SECTION 2
45.455
45.455
50.000
45.455
45.455
50.000
9.090
9.090
0.0
"Construction Costs" as hereinabove used is defined as all
costs of construction of the Coast Supply Line, including but not
limited to contract and subcontracts for construction, procuring
materials, and other expenses ordinary and necessary to the
installation of metering, pipelines, valves and other facilities
and equipment of the Coast Supply Line.
Specifically included in the term "costs" are all direct billed
charges incurred by Laguna District, all payments required to be
made by Laguna District under contracts entered into by Laguna
District, as managing agent and trustee for the parties to this
Agreement, including construction contracts, all acquisition
costs, and such workmen's
Z�
compensation insurance, public
7
liability and property damage insurance, as may be necessary
and proper in the performance by Laguna District of its
duties hereunder, together with a factor of one percent (1%) of
all of said direct Construction Costs to cover administrative
services and overhead expense of Laguna District.
FIFTH: The ownership of the Coast
and the same is vested in Laguna Distric
City in the same percentages as shown in
SIXTH: The capacity interest of
Coast Supply Line shall be and is hereby
hereto in the following proportions:
Supply Line shall be
t, Irvine District and
Table 4.
each party in the
vested in each party
SEVENTH: Laguna District as trustee, shall be responsible to
cause the preparation of plans and specifications and procure all
necessary rights -of -way for the Coast Supply Line. Prior to
advertisement for bids, all such plans, specifications and
rights -of -way shall be approved by resolutions of the Boards of
Directors of Laguna District and Irvine District, and the
0
SECTION 1a
SECTION 1b
SECTION 2
LAGUNA DISTRICT (cfs)
10.0
10.0
10.0
IRVINE DISTRICT (cfs)
40.0
10.0
10.0
CITY (cfs)
2.0
2.0
0.0
SEVENTH: Laguna District as trustee, shall be responsible to
cause the preparation of plans and specifications and procure all
necessary rights -of -way for the Coast Supply Line. Prior to
advertisement for bids, all such plans, specifications and
rights -of -way shall be approved by resolutions of the Boards of
Directors of Laguna District and Irvine District, and the
0
City Council of Newport Beach and the names of the presidents,
mayor,or other authorized officers of the parties hereto shall be
affixed to such plans and specifications, said plans and
specifications as so accepted and signed to be and become a part
of this Agreement the same as if set forth herein.
EIGHTH: The procedures in this paragraph shall be followed
for each contract to be awarded. Upon approval by all parties of
final plans and specifications, Laguna District shall proceed to
advertise for bids and to receive bids. All bids so received shall
be opened at least fourteen (14) days prior to any award of
contract. Laguna District shall immediately after the bid opening
notify the managers of all parties hereto of the names and the bids
of all of the bidders, and each of the parties shall have fourteen
(14) days within which to review, tabulate and approve the bid of
the lowest responsible bidder for each contract that includes a
pipeline section in which it will own an interest. If the bid
of the lowest responsible bidder, as determined by the
written approval of the managers of all parties hereto within said
fourteen -day period, does not exceed the engineer's estimate of
cost made as of the date of bid invitation by more than ten per-
cent (101) for the construction of the work included within the
bid, Laguna District, as managing agent and trustee, may at its
discretion award the work to the bidder so approved in writing
by the managers. If the managers should fail to give such
i
• .0
written approval, or do not agree upon the lowest responsible
bidder, or if the bid of the lowest responsible bidder
as approved by the parties, does exceed the engineer's
estimate by more than ten percent (10 %) of construction costs,
then the approval of the governing bodies of all parties
hereto shall be required before Laguna District may award the work.
When approval by the governing bodies of all parties is required,
each party hereto shall notify Laguna District of such approval
or disapproval within thirty (30) days after receiving notice
from Laguna District either that the managers have not given
written approval as above provided, or that the bid of the
lowest responsible bidder exceeds the engineer's estimate by
more than ten percent (101,). In the event such approval is not
obtained from the governing bodies of all parties hereto, the
parties shall meet and determine the future course of action to
be ta;cen. In the event new bids are called for, the same
procedure descried in this paragraph shall apply.
NINTH: After each successive construction contract has
been awarded, Laguna District shall keep all necessary accounts
thereof and shall supervise such construction so that the same is
performed in a good and workmanlike manner according to the
contract and the construction plans and specifications. The
contracts, when awarded, shall be for a complete and perfect
job, ever) thou,5h every item required to make it such is
10
i
C�
not specifically noted in the plans and specifications,
and should any defects appear, Laguna District shall cause
such defects to be remedied and the cost- of the same incurred
by Laguna District shall be and constitute a part of the Construc-
tion Cost of the Coast Supply Line unless paid by the Contractor.
Laguna District shall require such bonds to be given by the
various contractors as is .usual in connection with the con-
structing of public works, and the cost of such bonds shall be
a part of the Construction Cost of the Coast Supply
Line. It is mutually understood and agreed that in a
construction project of the magnitude contemplated by this
agreement, there may, during construction, be desirable or
necessary changes in the work requiring the approval of extra
work orders by Laguna District as managing agent and trustee.
Any extra work order not exceeding $10,000.00 of added cost of
construction may be approved and allowed by Laguna District,
as managing agent and trustee. Any extra work which exceeds
$10,000.00 of added cost of construction shall not be approved or
be allowed by Laguna District until the same has first been
approved in writing by the managers of Irvine District
and City, or by such other person or persons designated by
Irvine District and City to give such approval in place of the
managers provided, however, that in the event the aggregate add-
ed construction costs of all allowed work orders upon any construc-
tion contract exceeds $50,000.00 then all extra work orders there-
1T
after processed upon such contract, and which add additional
construction costs, shall not be allowed by Laguna District
until first approved in each instance by the Board of Directors
or City Council of each party hereto, or by the person or
persons to whom such authority is granted by such Board
of Directors or City Council. Payment of invoices to Irvine
District and City from Laguna District for extra work
shall be paid within 30 days of billing.
TENTH: Notwithstanding that Laguna District will
contract with a consulting engineering company approved by all
parties to this agreement to provide construction inspection of
the project and that the costs of said inspection shall be a part
of the total Construction Costs to be shared in accordance with
the provisions of Faragraph Fourth; each of the parties to this
Agreement shall have the right, at its own expense, to inspect
the work of construction by use of its employees or agents,
provided that such inspection shall not interfere with or delay
the construction and completion of work.
ELEVENTH: Laguna District will use the bid proposal
of the lowest responsible bidder for each contract to compute the
estimated financial participation of each party hereto in the total
Construction Cost of the Coast Supply Line using the
percentages set forth in Paragraph Fourth, Table 4. When
12
r�
0
approval by all parties hereto is given to the bid proposal of the
lowest responsible bidder, Laguna District shall so notify
Irvine District and City and request that they deposit with
Laguna District their proportionate shares of the total Construc-
tion Cost, as so computed by Laguna District., and they shall have
a period of thirty (30) days from the date of such notice to make
such deposits. Such funds will be managed as provided in
in Paragraph Twelfth.
TWELFTH: Laguna District, as managing agent and trustee
of all funds deposited by the parties in accordance with this
Agreement, shall place such funds in a special account to be
paid out by Laguna District only for the purposes and
in the manner set forth in this Agreement. Where practicable to
invest said funds, said funds shall be safely invested in
legal investments so as to draw the maximum obtainable rate of
interest, and any such interest will be added to the amounts on
deposit, in the respective parties' proportional shares. All funds
deposited shall be strictly accounted fpr by Laguna District,
which shall make a monthly itemized report to Irvine
District and City showing the receipts, disbursements and
balances of each party's account.
THIR "tEENTH: All costs and liabilities incurred by Laguna
District, as trustee and managing agent for the parties to this
13
0
Agreement, shall be paid from the aforesaid special account, and
sufficient funds for such purpose shall be deposited therein by
the parties in accordance with their respective obligations at the
times and in the manner provided in this Agreement. Disbursements
from said special account shall be made by Laguna District upon
vouchers prepared, audited and certified in accordance with the
customary practice of Laguna District.
FOURTEENTH: At the conclusion of the construction of the
entire project as herein provided, Laguna District shall make
full and complete accounting of the total Construction Costs of the
Coast Supply Line and shall deliver same to Irvine District and
City. Such accounting shall show the investment of all funds
deposited, a summary and final computation of receipts and
disbursements, and a final computation of the financial participa-
tion of the parties as set forth in Paragraph Fourth hereof. Unless
such accounting shows otherwise, any excess of funds, whether from
accrued interest or deposit balances or otherwise, or any
shortfall between the actual cost and the amount deposited, shall
be paid to or by the parties, as the case may be, in the propor-
tions provided in Paragraph Fourth hereof.
FIFTEENTH: The facility shall be constructed, maintained
operated and used subject to the rights of the respective parties
hereto as herein reserved and provided and in accordance with,
and the same shall be governed by, the following covenants,
conditions, and restrictions, which shall be covenants and con-
ditions running with and attached to the entire Coast Supply Line,
including the land, easements and rights -of -way upon which the
same or any part thereof is situated, and shall inure to
the benefit of and shall. bind the parties hereto and their
respective assigns and successors in interest in the construction,
ownership, maintenance, operation and use thereof, to wit:
Adequate metering facilities shall be installed
and maintained by the parties to accurately measure the
amount of water delivered to or taken from the Coast Supply
Line. When such metering facility is to be used solely by one
party, the cost of its installation and maintenance shall be paid
for by that party, but if it is to be used jointly with another
party or parties, then the parties for whose benefit the meter-
ing facility is used shall pay the cost of its installation
and maintenance in proportion to their capacity rights in the
section of the Coast Supply Line in which the metering facility is
installed or as the parties for whose benefit the metering
facility is being installed may agree. The metering facility
shall be of such design and construction and so regulated as
to permit a given flow rate in or out of the facility,
and to permit it to be secured and locked so that no person except
a duly authorized representative of Laguna District can
15
•
increase or decrease water passing through the outlet when it is
requested by the member agency. Each meter shall be standard, and
wherever practicable, shall be an automatic recording
instrument of such character that the errors of measurement
shall not vary more than one percent. (1%) from the true quantity.
Each metering facility shall be equipped with a radio telemetry
unit that will transmit the meter's flow rate to the Laguna
District office. Plans shall be reviewed and approved by Laguna
District prior to construction of turnouts and metering
facilities.
2. Adequate surge control devices shall be installed
and maintained by the parties at their respective metering
facilities to prevent any hydraulic surges that may be generated
by the individual party's distribution system from impacting the
Coast Supply Line.
3. Laguna District will purchase water for the parties
to this Agreement in accordance with the terms and conditions of
the water service contracts for delivery of water by Metropolitan
(Dater District of Southern California and in accordance with their
requirements and will read all meters at periodic intervals and
account for all water delivered to the parties to this Agreement.
In the event of a discrepancy in meter reading showing a
difference in water purchased and delivered to the respective
to
parties, said discrepancy shall be adjusted in proportion to the
estimated amount of water used by each party to conform with the
total amount of water purchased. Laguna District shall, within fif-
teen (15) days after the first of each calendar month, render a
statement to the other parties hereto, showing all water purchased
and delivered during the preceding calendar month and the
cost thereof, and within= thirty (30) days after rendition
of such statement, Irvine District and City shall pay Laguna
District for their respective quantities of water delivered
4. Laguna District shall manage, maintain and operate
the Coast Supply Line and shall clean out, repair, and replace the
same or any part thereof when necessary to maintain the Coast
Supply Line in good order and repair for the flowing and
distribution of water in and through the same, and shall advance
the cost and expense incurred therefor. Insurance for death,
injury and loss and property damage, arising from the operation
and maintenance hereunder by or through Laguna District and
reasonable charges for accounting in connection with such
operation and maintenance, shall be part of the costs
hereunder. Laguna District shall, within fifteen (15) days after
the first of the next calendar month following the completion of
repairs and replacements, render a statement to the other
parties hereto, showing all the repairs and replacements completed
during the preceding calendar month and the cost thereof, and
17
0 1 0
within thirty (30) days after rendition of such statement, Irvine
District and City shall pay Laguna District their respective
proportionate shares thereof, such proportions to be equal to the
proportional capacity ownership rights in the section(s) where
the repair or replacement is made. If Laguna District, for
any reason neglects, fails, or refuses after five days' notice
from City or Irvine District to make any needed repairs or
replacements or otherwise to keep the Coast Supply Line or part
thereof in good order and operating condition, then City or Irvine
District shall have the right to enter upon said Coast Supply Line
or any part thereof and make the needed repairs or replacements
therein, advance the cost and expense incurred therefor, and
within ten days after the first of the month following the com-
pletion of such repairs or replacements, render a statement in
writing to the other parties hereto showing the repairs and
replacements completed by it during the preceding calendar month
and the cost thereof. Within thirty (30) days after the rendition
of such statement, the parties hereto shall settle such cost in
proportion to their respective rights in the capacity of that
section(s) of the Coast Supply Line in which the repairs
or replacements were made. Laguna District, when making
repairs or replacements, or any party, when it makes
repairs or replacements as herein provided, shall
have the right to shut off the flow of water through the
Coast Supply Line for the purpose of making such repairs or
118
•
replacements, or for any other purpose reasonably
necessary to maintain and keep the facility in good
condition, but such work of repairing, cleaning out,
replacement or maintenance shall be prosecuted with reason-
able diligence, and before shutting off the water, such party
shall give notice to the other parties hereto of the intention
to shut off said water at least 24 hours prior thereto,
except in the case of emergency, when no notice shall be
required.
5. All costs and liabilities incurred by Laguna
District as trustee and managing agent for the parties to
this Agreement, shall be paid by the parties in accordance with
their respective obligations at the times and in the manner
provided in this Agreement. Disbursements shall be made by Laguna
District upon vouchers prepared,audited and certified in accordance
with the customary practice of Laguna District.
5. It is anticipated that in the transmission of
water in and through the Coast Supply Line, a loss of water will
occur from leakage, injury to or breakage of the Coast Supply
Line or from other causes, and whenever any waters are being
transported through the Coast Supply Line, if a loss or diminu-
tion occurs during any billing period from any of the causes
above referred to, then in any accounting, all such loss or
19
0
diminution of water shall be borne by the party or parties receiv-
ing water from the Coast Supply Line during that billing period in
proportion to their respective quantities of water delivered.
7. No party shall be liable to the others for loss of
water while being stored or .transported in or through the
Coast Supply Line if said party is not using any of its capacity
rights through the facility during that billing period.
8. No party hereto shall use more than its proportion-
ate right in the capacity of any section of the Coast Supply Line.
N.owever, upon mutual consent, water can be provided in excess of a
party's capacity provided that such use does not interfere with
the rightful use of any of the other parties.
9. Neither City nor Irvine District shall interfere with
Laguna District in its management of the facility for any purpose
except to exercise the right to convey water into and through the
Coast Supply Line and to exercise the other rights as herein
provided. Laguna District shall not interfere with the use of the
Coast Supply Line by City or Irvine District for conveying water
therein to the full percentage of their respective rights
in the capacities of the Coast Supply Line, as herein provided,
or in the exercise of all rights herein set forth, subject,
however, to the right of Laguna District to shut off the water
•
for making repairs or replacements as above provided. Each
party hereto, and their engineers or other authorized agents,
shall at all times have free access to the Coast Supply Line and
the various parts thereof for the purpose of inspecting the same
to determine if it is in proper order and repair, to read and
check the readings of all .meters, and for all other purposes
in protecting their rights in-the same.
10. In the event any dispute shall arise between the
parties hereto with reference to any of the matters set forth in
this Agreement relative to the construction, management and
operation of the Coast Supply Line,and such dispute cannot be set-
tled by conference between the parties and their engineers and
officers within thirty (30) days after such dispute arises,
or within such further time as the parties may agree upon,
then such dispute shall be settled by arbitration in the
following manner: within ten (10) days after such arbitration
shall be requested in writing by any of said parties
addressed to each other party, each party hereto
shall appoint an arbitrator and give written notice thereof
to the other parties, and within ten (10) days thereafter
said arbitrators shall select a total of two additional arbitrators
and give written notice thereof to the parties hereto, or in case
of the failure of any party to so appoint its arbitrator or
the arbitrators first appointed to select such additional
21
arbitrators, any party hereto shall have the right to ask the
Superior Court of Orange County, California, to appoint such
arbitrator or arbitrators, and the arbitrators so appointed
(in either manner) shall fix a convenient time and place in the
County of Orange for hearing the matter to be arbitrated and shall
give written notice thereof to each party hereto at least five
(5) days prior to the date so fixed, and said arbitrators shall
with reasonable diligence hear and determine the matter in
accordance with the provisions of this agreement and of the
statutes and judicial decisions of the State of California at
the time applicable thereto, and shall execute and acknowledge
their findings of fact and decision thereon in writing, and
the decision of a majority of said arbitrators shall determine
the question arbitrated, and a judgment may be rendered upon
such decision by said Superior Court, or said decision may be
vacated, modified or corrected by said court at the insistence of
any of the parties hereto, in accordance with the then existing
statutes of the State of California applicable to arbitrations,
the provisions of which statutes shall apply hereto as fully
as though incorporated herein; provided, however, that if
any such dispute involves only two of the parties to this
Agreement, only the two parties will select arbitrators and within
ten (10) days thereafter the two arbitrators appointed for
such parties shall select a third arbitrator and give written
notice thereof to the parties involved, or in case of the
22
0 0
failure of either such party to appoint its arbitrator or the two
arbitrators first appointed to appoint a third arbitrator, then
either of the parties involved may apply to said Superior Court
to appoint such arbitrator or arbitrators, and the three arbitra-
tors so appointed (in either manner) shall proceed to hear
and determine the question to be arbitrated, as hereinabove
set forth; provided, further, that if a majority of the
three or five arbitrators, as the case may be, shall fail to reach
an agreement in the settlement of the matter in question,
the same shall be decided by newly chosen arbitrators,
who shall be appointed in the same manner as hereinabove set
forth, and said process shall be repeated until a decision is
finally reached by a majority of the arbitrators selected
and provided further, that each of the parties involved in
in any such dispute, shall pay for the services of its
appointee and its proportionate share of all proper costs
of arbitration, including the services of the additional arbitra-
tors appointed by those first appointed, other than attorney's fees
and witness fees, which shall be included in the arbitration
settlement.
11. This agreement shall inure to the benefit of and
shall be binding upon the respective legal representatives,
assigns and successors in interest of the parties hereto. This
Agreement when executed shall be filed for record in the office
23
of the County Recorder of Orange County, and thereupon the same
shall be in full force and effect.
IN WITNESS WHEREOF, the
instrument to be executed by
authorized the day and
and have attached certified
Resolution, or Minute Action of
bodies authorizing the same.
APPROVED AS TO FORM:
Legal Counscl • IRVID
r
By --- -- ----------------------------
ATTEST:
parties hereto have caused this
their officers thereunto duly
year first hereinabove written
copies of the Ordinance,
each of their respective governing
LACUNA BEACH COUNTY WATER ISTRICT
Tit e General Manager
IRVIN ft NC
By
Tit e Ge
R,DISTRICT
CITY 0 IIEWPORT BEACH
By C�
Title Mayor Pr Tem
STATE OF CALIFORNIA)
ss.
" COUNTY OF ORANGE ) Q
0 ! 1989, before me, the undersigned, a Notary
Public in or said State, personally appeared Wanda E. Raggio
known to to be the City Clerk of the City of Newport Beach, whose
name is subscribed to the within instrument, and acknowledged to me that
she executed the same.
WITNESS my hand and official seal.
OFFICIAL SO
SHAUNA LYN OYIER
NOTMY 7LOUC• C40OR14N
DUKE MUNTY
W CMrn l.nn. Ln If. 1007
adzerffidivoel M."w®rin-1,1001 01/
r11MMIM, '
STATE OF CALIFORNIA )
) ss.
COUNTY ORANGE )
On
o?_? 7 19ei, before me, the undersign-
ed, "otary Public in and i r said State, personally
appeared'' 4 ,�� � �� , personally known to me
(or prod me on toe basis of satisfactory evidence)
to be the
of Laguna Beach County Water Di�btrict and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that Laguna.Beach County Water
District executed the same.
WITNESS my hand and official seal. OFFICIAL SEAL
' IEANEHE PHYLLIS PEARSOI
• NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
✓ ORANGECOUNTY / and or said State
ExpireslUne2A , l
24.1989
My
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGES } O
On / , 19,0 ' before me, the undersign-
ed, N a y Public and or said State, personally
app e0e ZLc7 , personally known to me
(or prov'kb to me the
�'�))ba�s�� o atisfactory evidence)
to be the a -44&t) A�� -1v r✓) ,
of the City of Newport Beach at-id known to me to be
the person who personally executed the within instrument on
behalf of said public corporation, agency, or political
subdivision, and acknowledged that the City of Newport Beach
executed the same.
WIT
S my hand
and
fficial
seal.
Notary
Public in
ancY
for said
ate
*Py OFFICIAL. SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC • CALIFORNIA
ORANCE COUNTY
Comm, Wires Jan. 16. 1993
25
0
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
0
On 31 19 89 , before me, the undersign-
ed, a Votary public in and for said State, personally
appeared 'V-w z' , personally known to me
(or proved to me on the basis of satisfactory evidence)
to be the
�,g
of Irvine Ranch Water District and known to' me to be
the person who personally executed the within instrument on
behalf of said public corporation, agency, or political
subdivision, and acknowledged that Irvine Water District
executed the same.
WITNESS y hand and official seal.
Notary Pub y :c in and For said State
OFFICIAL SEAL
BETTY J WHEELER
NOTARY PUBU�C • CALIFORNIA
OAAN,E CAUNTY
M17y "'M I'V1, s DEC 20. 1989
26
93
1� r
EXHIBITNA'
SECTION to
NEWPORT BEACH � se bn
loss a;£
eueF 9G " o� BI �
�
L
I
130 129
SECTION lb
131
2 \1
<
o
Ia•
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-
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_
I
132 133
I o°
SECTION 2
6 V �
MUOOY
/
193 102
�.F
` !
194
,..
1� r
EXHIBITNA'
JOINT POWERS AGREEMENT
FOR THE
ABANDONMENT OF PORTIONS OF SECTIONS B AND C OF AN
EXISTING WATER TRANSMISSION PIPELINE
IN AND ALONG PACIFIC COAST HIGHWAY
THIS AGREEMENT made and entered into this AN> day of
1989, by and between LAGUNA BEACH COUNTY WATER DISTRICT,
a public. agency, with its principal place of business situa-
ted in the City of Laguna Beach, California, hereinafter
referred to as Laguna District, IRVINE RANCH WATER
DISTRICT, a public agency, with its principal place
of business situated in the C'_ty of Irvine, California,
hereinafter referred to as Irvine District, SOUTH COAST
WATER DISTRICT, a public agency, with its principal place of
of business situated in the City of Laguna Beach, California
hereinafter referred to as Coast District, and the CITY
OF NEWPORT BEACH, a city organized and existing under the laws
of the State of California, with its principal place of
business situated in the City of Newport Beach, California,
hereinafter referred to as City.
1
W I T N E S S E T H:
EXPLANATORY RECITALS
THAT, WHEREAS, Laguna District, Irvine District, Coast
District and City under the authority granted to each
of them by law, including the provisions of Article I of
Chapter 5, Division 7, Title 1, of the Government Code
7, of the Government Code of the State of California provid-
ing for the joint exercise of powers by public agencies,
may, by agreement entered into by them and authorized by
by their legislative bodies, jointly exercise in the manner
herein provided any power common to them.
WHEREAS, an agreement was entered into on May 15,
1952, hereinafter referred to as the 1952 Agreement, between
The Irvine Company, a Michigan Corporation, hereinafter
referred to as TIC, Laguna District and Coast. District,
providing for the construction, maintenance and operation of,
and acquisition of associated easements, rights -of -'way and
sites for, a water transmission pipeline and appurtenances,
hereinafter referred to as the Coast Supply Line.
WHEREAS, the 1952 Agreement provided that Coast District
and Laguna District would own the Coast Supply Line
and associated land and right -of -way in certain specified
percentages by Reach, and that said Districts and TIC would own
the capacity rights in the Coast Supply Line in certain speci-
fied percentages by Reach.
!. WHEREAS, by a Deed recorded June 17, 1959, in Book 4761,
Page 569 of the Official Records of Orange County and a Deed
dated March 10, 1960, hereinafter referred to as the 1959 and
1960 Deeds, TIC granted and conveyed to the City certain
percentages of its capacity in the sections of the Coast Supply
Line as are described in the 1952 Agreement as "Sections A and
B ", subject to covenants, conditions and restrictions set forth
in the 1952 Agreement., and reserving the remainder of TIC's
capacity in said Sections.
WHEREAS, By an Agreement recorded May 21, 1084, in the
Official Records of Orange County as document No. 84- 210975,
TIC assigned, quitclaimed and transferred to Irvine District
as of May 1, 1984, all of TIC's remaining rights, title and
interest in and to the Coast Supply Line and any other rights
or interests it had under the 1952 Agreement and 1959 and 1960
Deeds.
WHEREAS, the parties hereto are desirous of jointly
acquiring easements and constructing new facilities for the
transportation and distribution of water, which facilities
will extend along Pacific Coast Highway from the vicinity of
the southerly boundary of the City of Newport Beach, to the
3
vicinity of Crystal Cove State Park, as shown on Exhibit A
attached hereto.
WHEREAS, the parties hereto further desire to abandon
a portion of the existing facilities previously known as the
Coast Supply Line which has deteriorated over the years.
WHEREAS, the parties jointly desire Laguna District to
be the managing agent and trustee, to administer and perform
this agreement on behalf of said parties in the manner
provided herein.
WHEREAS, each party shall pay a pro rata share of the
cost of the abandonment of the Coast Supply Line in accordance
with this Joint Powers Agreement.
WHEREAS, the final costs of the abandonment of the Coast
Supply Line cannot be accurately determined until after abandon-
ment is completed and an accounting is made, and in order to
commence and prosecute the abandonment of the line, the parties
will agree to make the payments required as herein provided.
NOW, THERE-r-ORE, for and in consideration of the mutual
promises and agreements herein contained, the entering into of
this agreement by the parties hereto, the parties agree as
follows:
4
0 0
EXECUTORY AGREEMENTS
FIRST: the parties hereto enter into this Joint Powers
Agreement, hereinafter referred to as Agreement, with the
purpose of jointly exercising their respective powers for the
abandonment of a portion of the aforesaid Coast Supply Line.
The parties will jointly finance and pay for the abandonment
of said Coast Supply Line and appurtenant facilities
in the manner as provided in this Agreement. Laguna
District is hereby designated and appointed by all the parties
hereto as managing agent and trustee for all purposes of
engineering and abandonment of said Coast Supply Line and
appurtenances, subject only to the limitations and restrictions
herein set forth.
SECOND: Laguna District shall administer and execute this
agreement in its own name, but as managing agent and trustee for
and on behalf of all parties hereto. For the purpose of this
Agreement and in performing all of its duties and obligations
under this Agreement, regardless of the nature thereof, Laguna
District shall act in its own name and pursuant to the laws
which govern Laguna District and in the manner in which Laguna
District customarily performs such acts.
THIRD: As a result of the construction of Section 1b of
the new Coast Supply Line, the existing Coast Supply Line in the
vicinity of the aforesaid Section 1b will be either removed and
5
disposed of or ab• oned in place. •
FOURTH: The actual cost to each party hereto cannot
be finally determined at this time, but the proportionate
share of costs, as herein defined, to be paid by each party
shall be and hereby is, determined and established by this
Agreement as follows:
Specifically included in the term "costs" are all direct
billed charges incurred by Laguna District, all payments required
to be made by Laguna District under contracts entered into by
Laguna District, as managing agent and trustee for the parties to
this AEreement, including engineering and abandonment contracts,
and such workers' compensation insurance, public liability and
property damage insurance, as may be necessary and proper
in the performance by Laguna District of its duties here-
under, together with a factor of one percent (1;0) of all said
direct costs to cover administrative services and overhead
61
TABLE 4
- ABANDONMENT COST
SHARE
'.
COAST
IRVINE LAGUNA
CITY
DISTRICT
DISTRICT DISTRICT
p
o %
%
SECTION B
19.23
29.67 38.46
12.64
SECTION C
22.56
32.31 45.13
NONE
The sections referred
to in Table 4 correspond to the
division of
the existing Coast
Supply
Line as described
in the 1952
Agreement, and as
shown on Exhibit
A attached hereto.
Specifically included in the term "costs" are all direct
billed charges incurred by Laguna District, all payments required
to be made by Laguna District under contracts entered into by
Laguna District, as managing agent and trustee for the parties to
this AEreement, including engineering and abandonment contracts,
and such workers' compensation insurance, public liability and
property damage insurance, as may be necessary and proper
in the performance by Laguna District of its duties here-
under, together with a factor of one percent (1;0) of all said
direct costs to cover administrative services and overhead
61
0
expense of Laguna District.
FIFTH: Laguna District as trustee, shall be responsible
to cause the preparation of plans and specifications for the
abandonment of the above - described portions of the Coast Supply
Line. Prior to advertisement for bids, all such plans and
specifications shall be approved by resolutions of the Boards
of Directors of Laguna District, Coast District and Irvine
District, and the City Council of Newport Beach, said plans
specifications as so accepted shall become part of this Agree-
ment the same as if set forth herein.
SIXTH: Upon approval by all parties of final plans and
and specifications, Laguna District shall proceed to advertise
for bids and to receive bids. All bids so received shall
shall be opened at least fourteen (14) days prior to any award of
contract. Laguna District shall immediately after the bid open-
ing- notify the managers of all parties hereto of the names and the
bids of all of the bidders, and each of the parties shall have
fourteen (14) days within which to review, tabulate and approve
the bid of the lowest responsible bidder for each contract that
includes a pipeline section in which it owns an interest. If the
bid of the lowest responsible bidder, as determined by the written
approval of the managers of all parties hereto within said
fourteen -day period, does not exceed the engineers estimate of
cost made as of the date of bid invitation by more than ten per-
cent (10<) for the construction of the work included within the
7
bid, Laguna District, as managing agent and trustee, may at its
discretion award the work to the bidder so approved in writing by
I
the managers. If the managers should fail to give such written
approval, or do not agree upon the lowest responsible bidder,
or if the bid of the lowest responsible bidder as approved
by the parties, does exceed the engineer's estimate by more
than ten percent (101) of construction costs, then the
approval of the governing bodies of all parties hereto shall
be required before Laguna District may award the work.
When approval by the governing bodies of all parties is
required, each party hereto shall notify Laguna District
of such approval or disapproval within. (30) days after
receiving notice from Laguna District either that the managers
have not given written approval as above provided, or that the bid
of the lowest responsible bidder exeeds the engineer's estimate by
more than ten percent (101). In the event such approval is not
obtained from the governing bodies of all parties hereto, the
parties shall meet and determine the future course of action to
be taken. In the event new bids are called for, the same
procedure described in this paragraph shall apply.
SEVENTH: ;liter the abandonment contract has been awarded
Laguna District shall keep all necessary accounts thereof
and shall supervise such abandonment so that the same is
performed in a good and workmanlike manner according to the
contract and the plans and specifications. The contract,
when awarded, shall be for a complete and perfect job,
M
! even though every item required to make it such is not
specifically noted in the plans and specifications, and should
any defects appear, Laguna District shall cause such defects
to be remedied and the cost of the same incurred by
Laguna District shall be and constitute a part of the cost of the
abandonment of the above - described portions of the Coast
Supply Line unless paid by the Contractor. Laguna District shall
require such bonds to be given by the contractor as is usual in
connection with this type of project, and the cost of such
bonds shall be a part of the cost of the abandonment of the
above - described portions of the Coast Supply Line. It, is
mutually understood and agreed that in a project of the
magnitude contemplated by this agreement, there may, during
construction, be desirable or necessary changes in the work
requiring the approval of extra work orders by Laguna District
as managing agent and trustee. Any work order not exceeding
$5,000,00 of added cost may be approved and allowed by Laguna
District, as managing agent and trustee. Any extra work which
exceeds $5,000.00 of added cost shall not be approved or be
allowed by Laguna District until the same has first been approved
in writing by the managers of Irvine District, Coast District and
City, or by such other person or persons designated by Irvine
District, Coast District and City to give such approval in place
of the managers provided, however, that in the event the aggregate
i
added costs of all allowed work orders upon the abandonment
contract exceeds $10,000.00 then all extra work orders thereafter
processed upon such contract, and which add additional
9
costs, shall not be allowed by Laguna District until
first approved in each instance by the governing bodies of each
party hereto, or by the person or persons to whom such authority
is granted by such governing bodies. Invoices to Irvine District,
Coast District and City from Laguna District for extra work shall
be paid within 30 days of billing.
EIGHTH: Notwithstanding that Laguna District will contract
with a consulting engineering company approved by all parties
to this agreement to provide inspection of the project and that
the costs of said inspection shall be a part of the total abandon-
ment costs to be shared in accordance with the provisions of
Paragraph Fourth; each of the parties to this Agreement shall have
the right, at its own expense, to inspect the work by use of its
employees or agents, provided that such inspection shall not
interfere with or delay the construction and completion of work.
NINTH: Laguna District will use the bid proposal of
the lowest responsible bidder to compute the estimated financial
participation of each party hereto in the total cost of the
abandonment using the percentages set forth in Paragraph Fourth,
Table 4. When approval by all parties hereto is given to the bid
proposal of the lowest responsible bidder, Laguna District shall
notify Irvine District, City and Coast District and request that
they deposit with Laguna District their proportionate shares of
the total abandonment cost, as so computed by Laguna District,
and they shall have a period of thirty (30) days from the date of
10
such notice to make such deposits. Such funds will be managed as
provided in Paragraph Tenth.
TENTH: Laguna District, as managing agent and trustee of
all funds deposited by the parties in accordance with this
Agreement, shall place such funds in a special account, to be
paid out by Laguna District only for the purposes and in
the manner set forth in this Agreement. Where practicable
to invest said funds, said funds shall be safely invested in
legal investments so as to draw the maximum obtainable rate of
interest, and any such interest shall be added to the amounts on
deposit, in the respective parties' proportional shares. All
funds deposited shall be strictly accounted for by Laguna
District, which shall make a monthly itemized report to
Irvine District, City and Coast District showing the receipts,
disbursements, and balances of each party's account.
Ef-'EV'EXTH: All costs and liabilities incurred by Laguna
District, as trustee and managing agent for the parties to this
Agreement, shall be paid from the aforesaid special account, and
sufficient funds for such purpose shall be deposited therein by
the parties in accordance with their respective obligations at the
times and in the manner provided in this Agreement. Disbursements
from said special account shall be made by Laguna District upon
vouchers prepared, audited and certified in accordance with the
customary practice of Laguna District.
11
TWELFTH: At the conclusion of the entire project as
herein provided, Laguna District shall make full and complete
accounting of the total costs of the abandonment and shall
deliver same to Irvine District, City and Coast District.
Such accounting shall show the investment of all funds deposited,
a summary and a final computation of receipts and disbursements, and
a final computation of the financial participation of the parties
as set forth in Paragraph Fourth hereof. Unless such accounting
shows otherwise, any excess of funds, whether from accrued interest
or deposit balances or otherwise, or any shortfall between the
actual cost and the amount deposited, shall be paid to or by the
parties, as the case may be, in the proportions provided in
Paragraph Fourth hereof.
THIRTEENTH: Upon filing of a Notice of Completion of the
abandonment, the provisions of the 1952 Agreement shall
become null and void insofar as they pertain to the abandoned
portions of the existing Coast Supply Line, more particularly
portions of Sections 8 and C as shown on Exhibit A. All
provisions of the 1952 Agreement shall remain in effect as to
the remaining portions of the existing facilities that will
remain in service.
FOURTEENTH: This agreement shall inure to the benefit of
and shall be binding upon the respective legal representatives,
assi;ns and successors in interest of the parties hereto. This
Agreement when executed shall be filed for record in the office
12
of the County Recorder of Orange County, and thereupon the same
shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their officers thereunto duly
authorized and have attached certified copies of the Ordinance,
Resolution, or Minute Action of each of their respective
governing bodies authorizing the same.
APPROVED AS TO FORM:
Legal Counsel - IRVID
Dy --------------------------------
...
ATTEST:
LACUNA _-zkE,ACH COUNTT�Y- WATER ISTRICT
Title General Manager
SOUTH COAST WATER DISTRIC
i
By +sf�"
T i t 1 67r_'yetzA0- M a niri a04--
IRVIiI RAdCH W "r'' D STRICT
By
Tit 1 General -- an e "
CITY OF NEWPORT BEI C:
By
Title Mayor Pro Tem
iJ
STATE OF CALIFORNIA)
ss.
COUNTY OF ;On GE ) 4
/ 1989, before me, the undersigned, a Notary
Public in for said State, personally appeared Wanda E. Raggio
known to be the City Clerk of the City of Newport Beach, whose
name is subscribed to the within instrument, and acknowledged to me that
she executed the same.
WITNESS my hand and official seal. )
ary u is in and foV sai
�I
STATE OF CALIFORNIA )
) ss.
COUNTY ORANGE )
On C--Z5 9 19 before me, the undersign-
ed, a�,No arty Pub >c n and 3 r said State, personally
appeared , personally known to me
(or proved to on-the-basis of satisfactory evidence)
to be the o
of Laguna Bach County Water District and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that Laguna.Beach County Water
District executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
JEANINE PHYLLIS PEARSOIJ
4•i+ �-V' • • 1401ARY PUBLIC- CAUFOPNIA
/Notary Public and ' said nR ;N1:P41 OFFICE IN
OFANG.'' COWITY
CoinuISSIon Fxp ;res June 24, 1989
STATE OF CALIFORNIA )
ss.
COUN,T-X OF ORANGE )
On % 19F�F before me, the undersign-
ed, No ry P b is and or said State, personally
ap a red , personally known en e)
(or prov to m the s>s o satisfactory evidence)
to be the ,
of the City of wport Beach and known to me to be
the person who per ovally executed the within instrument on
behalf of said public corporation, agency, or political
subdivision, and acknowledged that the City of Newport Beach
executed the same.
WIT ESS
my
hand and
offici
seal.
Notary
Pub
Tc In a6d
tor s i
Sta e
OFFICIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC• CALIFORNIA
,. ORANGE COUNTY
My Comm. Esolres Jan. 16. 1993
14
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On Q,-, , l _'1 , 19,x`1 , before me, the undersign -
ned, Notary Public n and Tor said State, personally
appeared ;�aG,�' �'. ��,U , personally known to me
(or proved' to me on the basis of satisfactory evidence)
to be the
of South Coast Water Distrfet and known to me to be
the person who personally executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged that South Coast Water
District executed the same.
WESS my' nhand and official seal.
Notary Pulbil In and i or said `State
OFFICIAL SEAL
LINDA D JO NES (0;-�-Az Ncufz PUWC' CALIFORNIA
STATE OF CALIFORNIA oR. expimUJAN Ty
My corm. expires JAN 2, 1593
ss. — —
COUNTY OF ORANGE )
on 7,1 q4t2 31
ed, a N apt'
appeared
(or proved t
to be the
of Irvine Ra
the person who
behalf of said
subdivision,
executed the
, 19 7�, before me, the undersign -
Public in and -For said State, personally
axaf.L�.zcw�y personally known to me
o me n the basis'
of satisfactory evidence)
nch Water District and known to me to be
personally executed the within instrument on
public corporation, agency, or political
and acknowledged that Irvine Water District
same.
WITN SS my hand and official seal.
tart' b _c in and for sal a e
OFFiC1AL SEAL
BETTY J WHEELER
m NOTARY PUBLIC •CALIFORNIA
ORANGE COUNTY
My Comm. expires DEC 20, 1989
15
0
. {
03 1
s
_ - - -- - - -i ._.
"P.C.H.'" STATIONS
sd
REFER" TO STATIONING
r 9s �'
ra iT
SECTION A
HIGHWAY' PER CALTRANS
t1EWPORT BEACH
�. 4
•uc. -, 98" 'pr Bl
1952 "STATIONS " REFER
TO STATIONING PER
229 + 50 (P. jH.)
238+15 (P H.)
-C .
"8't'65 (1952)1
SECTION B
3o 129
131
o \1
290' t' S6'o(P.C.H.)
284 ' 4- 80' Mc. . '.)�
61'+ "O6 (1952)'
_
=55 +30
(1952)
pJ�
TNANCO I
PORTION OF'' IT'
EXISTING" COAST
132 SECTION C 133
SUPPLY" LINE
TO BE ABANDONED
EXISTING
COAST SUPPLY LINE
V
NOTE:
_ - - -- - - -i ._.
"P.C.H.'" STATIONS
`Ap °NA
REFER" TO STATIONING
ALONG PACIFIC COAST
HIGHWAY' PER CALTRANS
yA
1952 "STATIONS " REFER
TO STATIONING PER
THE 1952 ' AGREMENT
EXHIBITNAN
• Serving the World's Teeohone
Environmental Need, 17141 261 7210
JNM James M. Montgomery
Consulting Engineers Inc.
7�r
Mr. James R. Nestor
District Engineer
Laguna Beach County Water District
344 Third Street
P. O. Box 987
Laguna Beach, California 92652
30 corporate Par%
Sw:e 310. imne.
Ca!itorria
92714
June 23, 1989
Subject Coast Supply Line Replacement - Phase 113
Results of Bid Analysis
Dear Jim:
In accordance with your instructions, we have reviewed the nine submitted bid packages and
present the following results.
On June 22, 1989 at 10:00 am, bids were received and publicly read in the DistritIs Board Room
for the subject project. A total of nine bids were received, ranging from $652,43-2 to $868,700.
The apparent low bidder was Channel Constructors, Inc.. The engineer's estimate for this
portion of the Coast Supply Line Replacement project was $838,732. See the attached spreadsheet
for a breakdown of the received bids.
The review conducted on Channel Constructors, Inc.'s bid package found that all required
signatures and forms were provided and extensions of their bid items were correct. The
reviews performed on the other eight bid packages determined that these submittals also
included the necessary signatures and forms and correct extensions of the individual bid
items.
We contacted several of Channel Constructors, Inc.'s references. From these contacts, we
found them to be a contractor whose quality of work appears to be very good as well as
performed on schedule. In addition, we also inquired about their proposed superintendent, Mr.
Edwin Lewis. Several of the references indicated that Mr. Lewis had been on projects
constructed for their agencies and from the comments received, appears to be a very competent
individual who produced a good end product.
Based upon our review of Channel Constructors, Inc.'s bid package and their references, it is
our recommendation that the Laguna Beach County Water District award the contract for the
construction of Phase 113 of the Coast Supply Line Replacement project to Channel Constructors,
Inc..
` Mr. James R. Nestor • Page 2 June 23, 1989
Laguna Beach County Water District
If there are any questions on the above information, please do not hesitate to call at your
earliest convenience.
Very tru] y
1p Robert F. Seeman
Manager, Irvine Office
Project Manager
Attachment (1)
38.0131
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