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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• \ � - _iFeNwe _ _ 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 w w G x a O yQjNO Qa N W N J Q Bz3 a< m Q Ujx J g s mZ Q z'm F- Y U W 9 U i F F Z O J W m F- (A 6 O V w z m m Z O V FN Z W Q� J 4 m Z J N O U w Q a P7 6 O 0 C N a y w N m J RJ @J Z y FFF u. 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