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Home My WebLink AboutBOARD MINUTES 05-19-69 ",r, >~." MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 19,1969 The District Board of Central Contra Costa Sanitary District convened in an Adjourned Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on May 19,1969, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs ABSENT: Members: None II. APPROVAL OF MINUTES None. May lS, 1969, Minutes continued to June 5, 1969. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Horstkotte, Engineer for Local Improvement District No. SO, stated that the City of Martinez, by its Resolution No. 52-l969 Series, approved Amendment to "Agreement Relating to the City of Martinez Annexation to Central Contra Costa Sanitary District" dated September l3, 1967. He stated the amendment to the Agreement was in accordance with District Board action on May l5, 1969. Mr. Horstkotte reported the contractors who were the low bidders were con- tacted and were agreeable to proceeding with the work subject to a $25,000.00 increase by Ernest E. Pestana, Inc. to cover increase in labor costs, as stated in his letter dated this day, May 19, 1969, and $9,000.00 for added costs for Engineering Installations, Inc., as set forth in their letter of this date, May 19, 1969. Mr. Horstkotte reported that HUD had been contacted and would clear the grant and approve awarding the contract. Mr. Horstkotte stated that the cost estimate for the work provided for $8l,2l0.00 contingencies for construction cost, out of which Change Orders could be issued to the contractors for the $34,000.00 increase. In answer to Board Members' questions, Mr. Horstkotte stated the second low bids related to the low bids, as follows: Schedule A Original Added Engineering Installations, Inc. E. H. Morrell Co. $ 348,800.00 + 390,926.00 $ 9,000.00 Schedule B Ernest E. Pestana, Inc. M.G.M. Construction Co. $1,275,470.00 + 1,337,279.00 $25,000.00 05 19 69 ,,) Mr. Waltz, Attorney for the City of Martinez, stated that the award should be made to the low bidder, with Change Orders for added cost as part of the contingency. He also presented dismissal of complaint and withdrawal. Mr. Horstkotte stated it was still an open-ended contract as to the City's share. Although not anticipated, the contingency fund can be exceeded. The Members of the District Board discussed the Amendment to "Agreement Relating to the City of Martinez Annexation to the Central Contra Costa Sanitary District" with Mr. Bohn, Counsel for the District, and Mr. Wilson, Attorney for Local Improvement District No. 50. Mr. Bohn and Mr. Wilson recommended approving the amendment to the Agreement and proceeding with the work. RESOLUTION NO. 1945, A RESOLUTION APPROVING AMENDMENT TO "AGREEMENT RELATING TO THE CITY OF MARTINEZ ANNEXATION TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT" It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1945 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None RESOLUTION NO. 1946, A RESOLUTION OF AWARD OF CONTRACT, LOCAL IMPROVEMENT DISTRICT NO. 50 It was moved by Member Allan, seconded by Member Rustigian, that Resolution No. 1946 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None It was moved by Member Rustigian, seconded by Member Allan, that Change Orders be issued to Ernest E. Pestana, Inc., contractor for Schedule B work, Local Improvement District No. 50, in the sum of $25,000.00 added cost, and to Engineering Installations, Inc. for Schedule A Work, Local Improvement District No. SO, in the sum of $9,000.00 added costs, in accordance with their respective letters dated May 19, 1969. Carried by the following vote: AYES: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs NOES: Members: None ABSENT: Members: None EXECUTIVE SESSION Mr. Bohn, Counsel for the District, requested an Executive Session to discuss the Western Pipe price fixing litigation. At 8:30 o'clock P.M., the Board Members adjourned to Executive Session. At 8:40 o'clock P.M., the Board Members reconvened to Regular Session. VII. NEW BUSINESS None. VIII. REPORTS COMMITTEES None. GENERAL MANAGER-CHIEF ENGINEER None. COUNSEL FOR THE DISTRICT WESTERN PIPE PRICE FIXING LITIGATION 05 19 69 ,', I'" "",'~ ':, Mr. Bohn, Counsel for the District, made a report on the final distribu- tion in the Western Pipe price fixing case, as follows: "May 19,1969 "Central Contra Costa Sanitary District 1250 Springbrook Road Walnut Creek, California RE: WESTERN PIPE CASES (Final Settlement Memorandum, May 19, 1969) -------------------------------------- Final Settlement, American Pipe & Construction Company $85,406.00 Due to Law Offices, John A. Bohn at l/3, less fees of Attorney General. $27,486.57 Plus return of expense deposit. . . . . 200.00 57,9l9.43 Check enclosed 14,355.91 $43,563.52 Balance Balance to be paid by Promissory Note over Six (6) year period, plus interest." Mr. Bohn presented his statement in the sum of $27,686.57 in accordance with Agreement dated November 16, 1967, as follows: "May 19,1969 "Central Contra Costa Sanitary District l250 Springbrook Road Walnut Creek, California -------------------------------------- PROFESSIONAL SERVICES: (Agreement dated November 16,1967) Western Pipe Cases (Final Settlement, American Pipe & Construction Company) In accordance with contract. . . . . . . . . . . . . . . . . . $27,686.57 S TAT E MEN T" --------- It was moved by Member Mitchell, seconded by Member Allan, that Mr. Bohn be paid $27,686.57, in accordance with Agreement dated November l6, 1967, relative to the Western Pipe price fixing litigation. Carried by the follow- ing vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None Mr. Bohn stated he would dismiss all action in the Western Pipe case. IX. ADJOURNMENT At 9:45 o'clock P.M., the meeting was adjourned by President Gibbs to June 5,1969. /Ç"" ,,/ /7 j~ " - ',' I ~ ' , ",~ ,-"", /1"" ,// ~/7.fAJ i. ' ' ........ ""~oc..-.---., ...~ President of the bistrict Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ( ) ( /.. / ::.< ,~~. , Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 05 19 69