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HomeMy WebLinkAboutMINUTES - 09151987 - 1.42 CONSENT ITEM 1 . 42 TO-: ` BOARD OF SUPERVISORS FROM Phil Batchelor Contra County Administrator Costa DATE: September 14, 1987 CQirty SUBJECT: West County Justice Center Water Main Extension SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION• APPROVE the East Bay Municipal Utility District' s proposal to upgrade and extend their water main to the West County Justice Center site in order to provide adequate water quantity and pressure for domestic use, irrigation and fire protection. AUTHORIZE the County Administrator or his designee to execute a Water Main Extension Agreement with the District for this work. FINANCIAL IMPACT: This attached agreement establishes a preliminary estimate of $322,000 for the cost to design and construct the water main improvements. A 100 nonrefundable deposit of $32, 200 will be issued to the District immediately with the balance to be paid prior to the construction work. The final cost estimate will be prepared at the completion of design, at which time a maximum cost will be established. The county will pay. the actual time and material costs compiled by th District. The cost of this work is set aside from funds currently authorized for this project. BACKGROUND: The County and its design consultant have been meeting with the Water District since February to develop the scope of work for water service required to the West County Justice Center. The installation of the water main must be coordinated with the construction of the realigned Giant Highway, a portion of the County' s Project A work. By signing the attached agreement and issuing a loo deposit, District will complete design. Upon payment of the balance of the cost estimate at the completion of design, the District will then proceed with fabrication of the pipe and its installation. This work will also include the installation of a fire hydrant, check valves, pressure relief valves and required appurtenant equipment. If the final estimate and contingency exceed the $322,000 estimate, the revised contract will be presented to the Board for their action. In addition to the cost of these improvements, the District will require an additional charge for service. This system capacity charge covers major facilities in the distribution system to assure fut e water supply. This one time charge will be assessed at the time the litccupied. CONTINUED ON ATTACHMENT: YES SIGNATURE; RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFARD COMMITTEE APPROVE OTHER SIGNATURE S : _ ACTION OF BOARD ON P 15 1987 A,1PROVED AS RECOMM'UNDED -)--I OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ONq THE DATE SHOWN. cc: ATTESTEDSEP 1 5 1567 CAO, Justice System Programs PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Public Works Auditor BY M382/1-83 ,DEPUTY— L�o�7C�9D to.'Des;.in ane Construction KOt 41 AeS,s:an:Ch,e:Engmeer September 3 1987 P SEP 1987 N Contra Costa County OKA C/0 A. N. West, Inc. `, 4123 Lakeside Drive Richmond, CA 94866-1942 Subject: Estimate No. 87-087, West County Justice Center Gentlemen: Enclosed are three copies of a water main extension agreement with sketch and instruction sheet necessary to provide water service to your development. If you wish to proceed, please execute and return all copies of the agreement with the required nonrefundable deposit of $32,200, which is ten percent of the estimated charges. Upon receipt of the signed agreement and deposit, In accordance with sub-paragraph A-2 of Section 4-A of the District 's rules and regulations, installation of this work is performed by the District when the work is for a public agency such as Contra Costa County (a copy of the regulation is attached) . 1 . A detailed design of the extension will be made. This will take approximately 6 - 8 weeks. 2. Upon completion of the design, a detailed estimate of charges will be made. The detailed estimate will be the charge that you will be required to pay (less the above-mentioned deposit) before any work can commence. 3 . Approximately 7 - 12 weeks after the -installation is completed, the actual time and material costs will be compiled, and you will be billed for any costs in excess of the detailed estimate charges. The excess is limited to an amount not to exceed twenty-five (25) percent of the detailed estimate or $5,000, whichever is the lesser. Should the actual costs be less than the detailed estimate, the District will refund the difference. BOARD OF DIRECTORS:SANFORO M.SKAGGS,President WAL TER R.McL EAN, Vice President :: HELENBURKE JACKHILL KE.IVNETHKOFMAN KENNETH H.SIMMONS MARYC.WARREN Contra Costa County September 3 , 1987 Page two District crews will endeavor to coordinate the installation work with your contractor . Regarding the services that you will require (standard and fire services) , please call this office to discuss the actual needs that you will have. Determination of these services should be made prior to the District commencing the work of installing the mains. For your reference, included herewith are the schedules of rates and charges that pertain to standard service and fire services. Upon determination of the types and sizes of services that you need, we will develop a separate agreement for the taps and laterals needed for these services. This offer expires after 30 days. If you have any questions, please call 835-3000, extension 219. : oursry truly y arles S. Switzer Customer Services Supervisor CSS:ed Enclosures r Applicant Requirements for District Installed Water Mains & Service THESE REQUIREMENTS ARE TO BE ]DISCUSSED WITH DISTRICT AREA SUPERVISOR ON ,OB SITE BEFORE WORK STARTS . The following requirements must be met by the Applicant before East Bay Municipal Utility District will install water main extensions or services prior to the installation of curbs and gutters, or in those instances where no curbs or gutters will be constructed: 1. The street must be rough graded to within 0.5 feet of subgrade. 2. The water main shall be installed as specified on the District's construction drawings. 3. The location and final elevation of the meter and meter box for each lot must be staked and lot number indicated. 4. Spoil material from trench excavation will be spread on job site unless specified otherwise. 5. Should the street grade or alignment be changed for any reason after the main is installed, the cost of any relocation of mains and appurtenances will be borne by the applicant 6. The applicant will be held responsible for any damages to District facilities by his contractors and sub-contractors. I certify that the alignment and grade of streets are in accordance with improvement plans approved by the City or County having jurisdiction. Agreement No. Applicant: Ext. Job No. 8y: Location Title: Map No. Date: District Representative: Proposed Starting Date: FOR FURTHER INFORMATION, PHONE: EAST BAY MUNICIPAL UTILITY DISTRICT PIPELINE CONSTRUCTION DIVISION 2100 POPLAR STREET, OAKLAND, CA 94607 TELEPHONE: 835 — 3000, EXT. 749 c-70•8186 1 e x0m* District-Installed Water Main Extension Agreement U0 East Bay Municipal Utility District ESTIMATE NO. 87-087 AGREEMENT NO.DEA Date SEPTEMBER 21 1987 Date For the purpose of making water service available to the premises of CONTRA COSTA COUNTY _ ("Applicant"),which premises are described more particularly in Section 3 hereof,Applicant and East Bay Municipal Utility District("District") mutually agree as follows: 1. Nonrefundable Deposit.Upon execution of this Agreement,Applicant shall pay to District a nonrefundable sum of S 3 2 ,2 0 0. 0'0 Following receipt of such payment,District will perform the detailed design for installation of the following water main extension facilities as generally described and located in the Estimate Sketch attached hereto,including preparation of plans and specifications for performing the pipeline installation work: WATER MAINS : 1 ,250± FEET OF 12—INCH ML & PCS IN PAVING 60± FEET OF 16—INCH ML & PCS IN PAVING 2,700± FEET OF 16—INCH ML & PCS IN DIRT FIRE HYDRANTS: ONE (1) 6—INCH FIRE HYDRANT SPECIAL CONDITIONS: FILED MAP AND IMPROVEMENT PLANS REQUIRED PLAT & LEGAL DESCRIPTION OF GIANT ROAD REQUIRED. 2. Preliminary Estimate. For the purpose of determining the amount of the Nonrefundable Deposit under Section I hereof, District has estimated the cost of installing said water main extension facilities to be S 3 2 2 ,0 0 0 .0 0 It is understood and agreed that this estimate is preliminary only;District makes no representation regarding the accuracy thereof. 3. The Premises.The Premises owned by Applicant and which premises the water main extension facilities are intended to serve are described as follows: WEST COUNTY JUSTICE CENTER, CONTRA COSTA COUNTY, CALIFORNIA, AS DELINEATED ON THE ATTACHED ESTIMATE SKETCH WHICH IS PART OF THIS AGREEMENT. 4. Advance Payment.Following completion of the detailed design,District will prepare a Detailed Estimate of the cost of installing the water main extension facilities and will send Applicant a written request for Advance Payment.The Advance Payment shall be the amount of the Detailed Estimate,less the Nonrefundable Deposit under Section 1 hereof.Applicant shall deliver the Advance Payment to District within fifteen(15)days of the date of District's written request;together with the necessary rights of way required under Section 7 hereof. 5. Default.In the event Applicant fails for any reason to deliver the Advance Payment and necessary rights of way in accordance with Section 4 hereof,or falls to prepare the job site in order that the water main installation can be made,or otherwise fails to comply with the requirements of this Agreement;District may at its option terminate this Agreement and shall be released from any obligation to extend water mains for service to Applicant's premises. It is understood that Applicant shall have the option to withdraw from this Agreement following receipt of District's written request for Advance Payment;provided Applicant notifies District in writing of such withdrawal within fifteen(15)days of the date of said request.In the event Applicant withdraws,all rights and obligations hereunder shall terminate and District may retain Oe deposit paid under Section 1 bereof. C-216• 12/86 (OVER) 6. { Commencement of Installation.Following Applicant's delivery of the Advance Payment,District will proceed with installation of the water main extension facilities.District shall have the right,in its sole discretion,to perform the work under contract or by District forces.It is understood and agreed that the time of commencement of work hereunder shall be determined by District on the basis of its overall scheduling requirements and needs,taking into account such factors as the availability of work crews,materials,equipment,other commitments and contracts of District,and emergency jobs or installations.Matters of overall District priorities shall be determined by District. It is further understood and agreed that this Agreement is subject to any present or future superior obligation of District to divert and use any or all of the pipes and other materials covered herein prior to installation.It is also subject to any present or future Government regulations,Federal or State,regulating the use of,or establishing priorities for,any of the materials hereunder. 7. Rights of Way.No portion of the installation of water mains,facilities or appurtenances provided for under this Agreement shall be made unless the areas of installation are within dedicated and accepted public streets;or unless Applicant has furnished District a deed from the fee owner,in a form acceptable to District,granting District a pipeline and access right of way over the route of all facilities not falling within dedicated and accepted public streets. 8. Payment of Actual Cost.Upon completion of installation of the water main extension facilities,District will determine the actual amount of its costs and expenses incurred in performance of the work.If the actual amount exceeds the amounts paid under Sections 1 and 4 hereof, Applicant shall pay to District such excess within fifteen(15)days of the date of District's written invoice.The parties agree that Applicant's responsibility for payment of such excess shall be limited to twenty-five percent(25�)of the total amount paid under Sections 1 and 4 hereof or 55,000,whichever is less.If the actual amount is less than the total amount paid under Sections 1 and 4 hereof,District agrees to refund the difference to Applicant. District's determination of all costs and expenses shall be final and binding provided that such determination shall be made in accordance with generally accepted accounting principles. No interest shall accrue to or be paid to Applicant on any monies refunded pursuant to this Agreement. 9. Rules and Regulations.This Agreement and individual service connections to be made following completion of the water main extension facilities shall be subject to the regulations of District governing water service as adopted and amended from time to time by District's Board of Directors. 10. Fine Hydrants.The installation of one or more fire hydrants by District under this Agreement creates no duty or obligation to Applicant beyond that of making the installation.Any hydrant installed is the property of District.After installation,Applicant has no individual right or interest as to any such hydrant;and Applicant's position,rights or interests as to any hydrant are the same as though a public fire protection agency had contracted and paid for said installation. 11. District Property.The water main extension facilities,including fire hydrants,installed pursuant to this Agreement shall remain the property of the District;and District may add extensions therefrom and laterals thereto at any point thereon.Any services connected to such extensions or laterals shall not be included in determining any refund from District to Applicant under Section 13 of this Agreement. 12. Front Foot Charges. When the water main extension facilities have been installed, the District will collect a front foot charge of FIFTEEN AND 50/100------------------------------ Dollars (S 15. 50 ) (subject to adjustment to reflect actual cost)from any person for the first connection of a standard service or private fire service to any main extension described in Section 1 hereof if such connection is for premises: (a)other than the premises described in Section 1;(b)which lie along and may be served directly from said main extension;and(c)which were not served from another main at the date of the installation of said main extension. Under conditions determined by District to be unusual,certain premises already served at the date of installation may also be subject to the front foot charge.The front foot charge shall be computed by dividing the cost(as determined by District)for extending a water main six inches in diameter to serve Applicant's premises by the front footage of those premises which he along and may be served directly from the main extension facilities. "Standard service"as used herein shall mean a service,other than a private fire service,installed within the District,adjacent to principal frontage of the premises to be served,which service is for immediate and permanent use to supply a function directly related to such premises. 13. Front Foot Charge Refund.The District will refund the collected front foot charges to applicant subject to the following limitations: (a) The total amount of all refunds payable by District to Applicant under this Section 13 shall not exceed the water main extension cost used by District to compute the front foot charge. (b) Any refunds due to Applicant under this Section 13 will be made within ninety(90)days following the date of collection,but no front foot charge refunds will be made twenty(20)years after the date of execution of this Agreement except those which have accrued during such twenty(20)year period. 14. Heirs,Successors and Assigns.This Agreement shall inure to the benefit of and be binding upon the heirs,executors,administrators, successors and assigns of the respective parties. Executed in TRIPLICATE on the day and year first written above. CONTRA COSTA COUNTY EAST BAY MUNICIPAL UTILITY DISTRICT Applicant By 'Manager of New Business By , Title c-216.12/36