The URL can be used to link to this page

Home My WebLink AboutMINUTES - 06151993 - 1.13 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JUNE 15, 1993 SUBJECT: FACILITIES INSTALLATION AGREEMENT, BELDIN LANE - OAKLEY AREA Project No.: 7569-6D8525 Task: ACQ Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Facilities Installation Agreement with the Diablo Water District. B. AUTHORIZE Board Chair to execute said Agreement. C. AUTHORIZE' the Auditor-Controller to issue a check in the amount of $1,500 made payable to the Diablo Water District, P.O. Box 127, Oakley, California, 94561. II. Financial Impact: Payment totalling $1,500 from Drainage Area 29H funds. III. Reasons for Recommendations and Background: By its order on July 19, 1988, the Board authorized the expenditure of funds for connecting three parcels on Beldin Lane to Diablo Water District facilities. The above-referenced Agreement is required by the water district to provide service. Payment is to reimburse the water district for its expenses for engineering, inspection and administration in connection with this project. V. Consequences of Negative Action: Failure to process Agreement in a timely manner will result in additional fees of $1,400 per connection. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ON June 15, 1993 APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS UNANIMOUS (ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of NW:glo an action taken and entered on the minutes of the c:BOc15A6 Board of Supervisors on the date shown. ATTESTED: JUne 15. 1993 �P PHIL BATCHELOR,Clerk of the Board Orig. Div: Public Works (R/P) of&"Msora and cou Adminlsb wr Contact: N. Wenninger (313-2227) cc: County Administrator By .oe�q► Auditor-Controller (via R/P) P. W. Accounting DIABLO WATER DISTRICT FACILITIES INSTALLATION AGREEMENT BELDIN LANE On , 1993, DIABLO WATER DISTRICT, a local governmental entity, herein called "District," and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, herein called "Applicant," agreed as follows: 1. Pursuant to separate agreements with Caroline A. Barnard (APN 041-100- 005), Roy Gene and Melody Griffin (APN 041-100-006), and Paul D. and Debra A. Matheson (APN 041-100-007), owners of land located within the territory of the District on Beldin Lane in Oakley, Applicant has agreed to convert owners' domestic water source from existing water wells to service by District at Applicant's expense. 2. The District has agreed to and will furnish water service, in accordance with its regulations from time to time in effect, to the subject parcels provided the District's water distribution is extended to the subject parcels on the terms and conditions herein set forth. The Applicant hereby acknowledges receipt of a copy of the District's Regulations No. 3, 7 and 9. 3. The water mains, service lines, meters and appurtenances, hereinafter referred to as"facilities," necessary to extend the District's water distribution system to the subject parcels are shown on the plans for the construction of Beldin Lane water main extension, Contra Costa County, prepared by Bellecci and Associates, and approved by the District's consulting engineer, Jon Toyoda of Camp, Dresser & McKee on May 27, 1993. The Applicant shall, at its expense and without cost to the District, install the facilities in accordance with the aforementioned plans. and the District's Standard Specifications and Drawings. Meter boxes shall not be located within the sidelines of an existing driveway or in a sidewalk. Any meter so located shall be properly relocated prior to commencement of water service to subject parcels. The Applicant shall not connect to the District's water distribution system any main, pipe, fitting, valve or appurtenance not shown on said plans without the prior written approval of the District. 1 4. The District's expenses for engineering, inspection and administration in connection with the installation of the facilities are estimated to be$2,500. The Applicant has heretofore paid $1,000 on account thereof and shall pay the District the balance of $1,500 upon execution of this agreement. If prior to completion and acceptance of the facilities the District determines that its reasonable and necessary costs will exceed said estimate, the District shall revise its estimate and immediately provide the Applicant with written notice of the amount of the increase. The Applicant shall promptly pay the amount of increase to the District. Upon completion of the installation or upon the earlier termination of this agreement, the District shall determine the actual amount of said expenses. If actual amount of expenses exceeds the amount paid to the District, the Applicant shall pay the District the amount of such excess on demand. If said actual amount of expenses is less than the amount paid to the District, the difference shall be refunded to the Applicant. 5. All connection charges for water services to the subject parcels shall be paid by Applicant within 90 days after the date of this agreement. Water shall not be furnished to any lot unless and until the connection charges therefor have been paid. The charges paid shall be those in effect on the date of payment. Failure to make any payment within the time set forth above shall, at the option of the District, result in the termination of this agreement. If any payment is made and accepted by the District after the due date set forth above,the Applicant shall pay interest thereon at the rate of nine per cent (9%) per annum for the period of the delinquency. 6. The Applicant shall cause an easement for the facilities in form satisfactory to the District to be granted, or otherwise made available, to the District. If such easement is not made available to the District, this agreement may be terminated. Termination shall not relieve the Applicant of its obligation under Section 4 hereof, or relieve either party of obligations under Section 11. 7. The Applicant shall, at its expense and in cooperation with owners of the subject parcels, obtain all necessary grading and building permits and shall thereupon promptly commence and diligently prosecute to completion the installation of the facilities. 2 8. The facilities shall be installed by a licensed contractor satisfactory to the District in a good and workmanlike manner and to the satisfaction of the District. The District shall, in its reasonable discretion, determine the kind and quality of work and materials. As the work progresses, the District shall have the right, upon written notice to Applicant, to revise and adopt plans and specifications necessary to meet changing conditions. Any extra costs arising from any such revision of plans shall be paid for by the Applicant. All work shall be inspected by a representative of the District and no facility shall be covered or obscured until it has been inspected and passed by the District's inspector. Upon completion of the installation and the written acceptance of the facilities by the District, the facilities shall become the property of the District and be a part of its water distribution system and shall thereafter be operated and maintained by the District. 9. Upon completion of the installation and prior to the final acceptance of the facilities by the District, the Applicant shall deliver to the District one set of full-size reproducible drawings and one set of prints, both revised to show as-built conditions. The reproducible set shall be photocopies on vellum or mylar; sepia or diazo mylar is not acceptable. 10. The Applicant shall pay to the District on demand the amount of any costs incurred by the District in replacing, repairing, and maintaining said facilities as shall be reasonably necessary during the period of one year following acceptance thereof by the District. 11. The Applicant shall indemnify and hold the District harmless from all damage, loss, liability, claims, demands, causes of action or judgments of any nature directly caused by the negligent acts or omissions of the Applicant under this agreement. District shall indemnify and hold the Applicant harmless from all damage, loss, liability, claims, demands, causes of action or judgments of any nature directly caused by the negligent acts or omissions of the District under this agreement. 12. In the event of default or unreasonable and unwarranted delay on the part of the Applicant in making any payment or performing any undertaking on the Applicant's part contained herein, the District shall have the right to refuse to provide water service 3 following thirty (30) days' written notice to Applicant, who shall first be given the opportunity to cure the default or delay. 13. This agreement shall bind and benefit the successors and assigns of the parties hereto; however, this agreement shall not be assigned by the Applicant without the prior written consent of the District. Diablo Water District Contra Costa County Flood Control and Water Conservation District By: By: Chair, Board of Supervisors ATTEST: ATTEST: By: Phil Batchelor Secretary Clerk of the Board of Supervisors and County Administrator By: Deputy Approved as to Form: Victor J. Westman County Counsel NW:glo c0iabloWal6 June 8, 1993 4