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Home My WebLink AboutAGENDA BACKUP 07-02-98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO, July 2, 1998 3. CONSENT CALENDAR a. DATE TYPE OF ACTION June 25, 1998 ACCEPT ANNEXATION FOR PROCESSING SUBJECT AUTHORIZATION FOR P.A. 98-7 (WALNUT CREEK) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services Parcel No. Area Owner/Address Parcel No. & Acreage Leonard & Michael Saputo 1967 Woodpecker Court Walnut Creek, CA 94596 Remarks Lead Agency APN: 135-050-028 (0.10 Ac.) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CEOA. CCCSD 98-7 Walnut Creek (50C5) RECOMMENDATION: Authorize P.A. 98-7 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH INITIATING DEPARTMENT/DIVISION lOti U:\PPr\Kast\ANNX98-7.DH __............--._.___~_m__.__"_______..____....____________.__~__.,_.__.________,_~...,..._.,"__,._ -. - ,-....------.-..-- _..M.__'______..___.__H._..____.__._,._...,___ Page 2 of 2 @ '69 PROPOSED ANNEXATION P.A.98-7 8/6/96 U:\PPr\Kast\ANNX98-7.DH 4& BOARD OF DIRECTORS ::::::::::::::ii'I1<:;:;:;::"Ii.:'I.:.ffil.:.:.ci::::::ijiAlMl:iij:::::::::11' BOARD MEETING OF ~~~j~~\~~~~~~~Ii~~~~::;;~;;;;::~~IB~::::~~1~!I::::.'lj~jjjjlili[.!$~~Hi.rmmmI July 2, 1 998 Central Contra Costa Sanitary District Page 1 of 3 NO. DATE TYPE OF ACTION June 25, 1998 SET DATE FOR PUBLIC HEARING SUBJECT ESTABLISH AUGUST 6,1998, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE AREA TRIBUTARY TO THE DOUGHERTY TUNNEL AND TRUNK SEWERS PROJECT SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INIT1A TlNG DEPT,{)tV Engineering/Environmental Services ISSUE: When Reimbursement Fees are proposed for an area tributary to a "special facility," the District Code requires that a public hearing be held prior to the Board of Directors' consideration of the fee proposal for adoption. BACKGROUND: The Dougherty Tunnel and Trunk Sewers project involves design and construction of "special facilities," as defined in the District Code, to be paid for by the Dougherty Valley developers. The Code provides for the establishment of Reimbursement Fees to fairly and equitably distribute a proportional share of the costs for these facilities to all other properties which may be served by the tunnel and trunk sewers. Attachment 1 shows the areas tributary to the tunnel and trunk sewers which will be built to serve the Dougherty Valley. A separate agreement between the District, Shapell Industries of Northern California, and Windemere Ranch Partners has established a cost sharing arrangement for the Shapell, Windemere, West Branch and Wendt Ranch areas. The proposed Reimbursement Fees would be collected from property owners in the Lawrence Road and "Intervening Properties" areas when they connect to the sewer system, and disbursed to the installers of the tunnel and trunk sewer facilities. The proposed Reimbursement Fee has been calculated by dividing the total estimated project cost for the facilities by the number of residential units which will be served by the facilities. The proposed Reimbursement Fee is $2,500 per residential unit. This fee would be charged in addition to Facilities Capacity and Pumped Zone Fees (now $2,920), and other District charges, such as those for plan review and inspection. The District Code requires that a notice of the public hearing be given at least ten days in advance to owners of properties to which the fees would be applicable. The notice will include a general description of the reimbursement fee program, a description of the facilities to be installed which give rise to the proposed fee, and the proposed initial amount of the fee. INITIATING DEPARTMENTIDIVISlON 1/ JMM H:\DA T A \POSPAPER\07-02LA WR. WPD 4/8/98 DATE June 25, 1998 Page 2 of 3 SUBJECT ESTABLISH AUGUST 6,1998, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE AREA TRIBUTARY TO THE DOUGHERTY TUNNEL AND TRUNK SEWERS PROJECT RECOMMENDAll0N: Establish the Board's regularly scheduled meeting on August 6, 1998, as the date for a public hearing to receive comments on proposed Reimbursement Fees for properties to be served by the Dougherty Tunnel and Trunk Sewer project. H:\DA T A \POSPAPER\07-02LA WR. WPD 4/8/98 -----------......--------.-.-.-..-....-.-----.-.-.-....-.....-..--....---------- Page 3 of 3 I'" .go ~ ..3 I 5 "'C / a. " o "'C ~ Central Contra Costa Sanitary District BOUNDARY OF AREA TRIBUTARY TO TUNNEL - . - .. CREEKS ATTACHMENT AREA TRIBUTARY TO THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS '" ~ ~ 1 00 '" S!l -~ <> , ~~ --_.~---_.._...,_......_~_._._.._._.__..__._-_.~'_.._-'-,----,-_._--------,_.,_..,~._------------_._-'_.,~-"._-_._.---,_.- -..., ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. July 2, 1998 .CONSENT CALENDAR c. DATE TYPE OF ACTION June 25, 1998 SET HEARING DATE AUTHORIZE LETTER SUBJECT ESTABLISH AUGUST 6, 1998, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER PLACING DELINQUENT CONNECTION FEES ON THE PROPERTY TAX BILL FOR 55 LONGRIDGE ROAD IN ORINDA, CALIFORNIA. AUTHORIZE EXECUTION OF A LETTER TO THE COUNTY AUDITOR- CONTROLLER. SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: The record parcel owner of 55 Longridge Road, Mr. Michael Gonce, has not paid connection fees. Nonpayment of connection fees is a violation of Title 6 of the District Code. In order to place the delinquent fees on the property tax bill for the subject property, a public hearing must be held. BACKGROUND: At the May 7, 1998 Board Meeting, the Board conducted a hearing and authorized staff to file suit in Small Claims Court against Mr. Gonce to recover the past-due fees. Mr. Gonce was notified of this hearing but did not appear. This action was originally recommended by staff because the property was for sale. If the property was transferred to a bonafide purchaser prior to the date a delinquency could be established and entered against the assessment roll, the lien would not be attached to the parcel, but would be transferred to the unsecured roll for collection. However, the property has recently been taken off the market and the immediacy of the action in Small Claims Court is no longer necessary. Therefore, certification of the amount of unpaid fees, with penalties and interest, to the County Auditor-Controller is the preferred method of collection. The County Auditor-Controller has requested to be informed of the process the Board intends to follow. A draft letter informing the Auditor-Controller is attached. Staff will provide additional information in conjunction with the public hearing. RECOMMENDATION: Establish August 6, 1998, as the date for a public hearing to receive public comment and to request that the County place the delinquent connection fees on the tax bill for the subject property. Authorize the Board president to execute a letter informing the County Auditor- Controller of the intended process. DH lit INEER INITIATING DEPARTMENTIDIVISION 1Jf' JSM U :\PPr\Kast\GONCEHRG .DH. wpd Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, CA 94553-4392 · (510) 228-9500 FAX: (925) 228-4624 ROGER J DOLAN General Manager Chief Engineer KENTON L ALM Counsel for the District (925) 938-/430 JOYCE E MURPHY Secretary of the District July 2, 1998 Mr. Paul Abelson Principal Accountant Office of the Contra Costa County Auditor-Controller Tax Division 625 Court Street, Finance Building Martinez, CA 94553 DRAFT Dear Mr. Abelson: DELINQUENT CONNECTION FEES ADDED TO THE TAX ROLL The Central Contra Costa Sanitary District's (District) Board of Directors at its meeting on July 2, 1998, established August 6, 1998, as the date for a public hearing for the purpose of placing delinquent connection fees on the tax bill for Assessor's Parcel No. 273-063- 018-9. A resolution to that effect will be on the Board agenda on August 6, 1998, for adoption. Please establish the necessary accounts for the purpose of placing said fees on the County Assessment Roll. Sincerely, James A. Nejedly President of the Board of Directors JSM/JAN:msf U :\Admin\McCoy\abelson .Itr. wpd @ RrcYcled Paper ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 BOARD MEETING OF NO. JULY 2, 1998 6. ENGINEERING a. DATE TYPE OF ACTION June 25, 1998 SUPPORT ASSESSMENT DISTRICT SUBJECT AUTHORIZE THE SUBMISSION OF BALLOTS IN FAVOR OF THE FORMATION OF THE ALHAMBRA CREEK ASSESSMENT DISTRICT SUBMITIED BY Jay S. McCoy, Environmental Services Division Manager ISSUE: The City of Martinez is proposing the formation of an assessment district, the boundary of which encompasses two properties owned by Central Contra Costa Sanitary District. INITIATING DEPT /DIV Engineering Department-Environmental Services BACKGROUND: Alhambra Creek has a history of flooding. The Alhambra Creek Flood Task Force appointed by the Martinez City Council has identified three projects that, when implemented, would help mitigate the flooding. The City has secured or is in the process of securing $6,948,850 in grants and other public contributions toward the costs of the three projects. The City is proposing a $1,500,000 assessment district to finance the remaining costs of the projects. The properties included within the proposed assessment district are those non-residential and non-recreational properties from Green Street north to the Carquinez Strait that lie within the 100-year flood plan. The District owns two properties within the proposed assessment district. One property includes the Martinez Pumping Station. The second property is to the east of the station. One property is proposed to be assessed $3,542 and the other $1,962. The City has forwarded Notices of Assessments and ballots to the District and other owners of property within the proposed assessment district. The proposed assessment district can be formed if the number of ballots returned in favor of the proposed assessment are greater than those returned in opposition. The District and City have recently entered into cooperative agreements to jointly improve sewers and streets within the City. The widening of Alhambra Creek will benefit the District by lessening the amount of flood waters which enter the District's sanitary sewer system, significantly reducing the likelihood of permit violations. Supporting the formation of the assessment district is another opportunity to illustrate the District's cooperation with local public agencies. The submission of ballots supporting the proposed assessments and favoring the formation of the proposed assessment district is warranted. RECOMMENDATION: Authorize the submission of ballots in favor of the formation of the Alhambra Creek Assessment District. Authorize payment of the assessment amounts conditioned on the successful formation of the assessment district. INITIATING DEPARTM7~~ JSM U :\PPr\Kast\AlhCrk.jsm. wpd ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ............................................................................................... .............................................................................................. :I~~.~rl.~I...m:';:;:;::..:.I::::::~?~:~~~:::::::::::::::~ BOARD MEETlNG OF mmlrn:.9~::::::::!:::::):::::::::::::::llf::gmm::e!l:m:m:::f July 2, 1998 Page 1 of 3 NO. 6. ENGINEERING b. DATE TYPE OF ACTION June 25, 1998 AUTHORIZE ACTION SUBJECT AUTHORIZE STAFF TO PURSUE ESTABUSHING ACCESS RIGHTS TO AND ACROSS THE DISTRICT'S EASEMENT ON PROPERTY OWNED BY CARL D. DAME' SUBMITTED BY Jay S. McCoy, Environmental Services Division Mana er INITIATING DEPTIDIV Engineering/Environmental Services JSSUf: Access to a District easement by a private engineer has been denied by the owner of property across which the District has a recorded easement. BACKGROUND: Mr. Norman Schlinger has purchased an existing home at 2451 Ridgewood Road in Alamo. The home is currently served by a septic tank which is failing. Mr. Schlinger cannot move into his new home until 1) the septic tank is repaired or 2) the home is connected to the District's public sewer system. Mr. Schlinger wants to expand the existing home, which will require that the home be connected to the District's public sewer system. Mr. Schlinger's chosen course of action is to connect his home to the District's system. Mr. Schlinger has a sanitary sewer easement in Ridgewood Road which is a private road. The District has a sanitary sewer easement between the end of Ridgewood Road and the end of the District's sewer system across a portion of the driveway to the Dame' residence. A map showing the schematic location of a public sewer extension is attached. Mr. Schlinger has been in communication with Mr. Michael Rupprecht, attorney for Mr. Dame', regarding use of the District's easement for the public sewer extension to the Schlinger property. At first and specifically on May 14, 1998, Mr. Rupprecht by letter gave permission to use the District's easement (across the Dame' driveway) provided that certain conditions were met. These conditions were acceptable to Mr. Schlinger. Mr. Rupprecht has apparently rescinded the permission and recommended that Mr. Schlinger use an alternate sewer alignment which could avoid the Dame' driveway. This alternate alignment was evaluated by District staff and found to be unacceptable. Mr. Rupprecht's current position is that access to the Dame' driveway is denied for purposes related to the extension of a public sewer, although discussions are continuing. Mr. Schlinger's engineer needs to go onto the Dame' driveway to take measurements to design the public sewer extension and has been denied access to date. INITIATlNGD~EN~i~~ JSM U :\PPr\Kast\OAME .JSM. wpd 4/8/98 DATE June 25, 1998 Page 2 of 3 SUBJECT AUTHORIZE STAFF TO PURSUE ESTABLISHING ACCESS RIGHTS TO AND ACROSS THE DISTRICTS EASEMENT ON PROPERTY OWNED BY CARL D. DAME' Mr. and Mrs. Dame' are in ill health. Mr. Rupprecht has expressed concern about the need to maintain continuous emergency access over the Dame' driveway. Providing continuous access will be one of the conditions placed on the sewer construction project. Mr. Rupprecht has raised other technical questions. Staff has considered these questions and believes that the technical issues raised can be sufficiently mitigated or addressed in the design of the project. Mr. Schlinger has made a good faith effort to attempt to gain access to the District's easement across the Dame' driveway for the design and construction of a public sewer extension. The negotiations between Mr. Schlinger and Mr. Rupprecht are proceeding, but Mr. Schlinger is concerned that he is not going to be able to gain the needed access. Mr. Schlinger has turned to District staff for assistance. Since the District has a recorded easement over the Dame' driveway, it is appropriate for the District to provide needed access to the easement for Mr. Schlinger's engineer and contractor. Further near-term negotiations may resolve the issues. Failing such a resolution, the District may need to seek a court order setting forth the District's right of access to provide for design and construction of a public sewer across the Dame' property. RECOMMENDATION: Authorize staff to pursue establishing access rights to and across a District easement. U :\PPr\Kast\DAME.JSM. wpd 4/8/98 Page 3 of 3 SCHl/NGER PROPERTY s / . ~ \_!,~\l" \ , \ " \ .. " ,,' \ i - --\- -...-.. --- --. '..... .................. " " " 'l . ''-'........., 13 \1 .. . ............... \ >>Z . -....-1-~~... 9 l? ) 4 J LAW OFFICES OF MICHAEL W. RUPPRECHT 18 CROW CANYON COURT. SUITE 160 SAN RAMON, CALIFORNIA 94583 (925) 837-0867 FAX: (925) 837-6104 May 14, 1998 r ~~'1~'1~3~~ Gene DeBolt DeBOLT CIVIL ENGINEERING 811 San Ramon Valley Boulevard Danville, California 94526 ----.-.-.--.-.--....---.... Re: Dame' / Sewer Easement Dear Gene: You have had discussions with Rick Dame' concerning your client's requested sewer easement through property owned by Mr. Carl Dame' in Alamo. Rick Dame' also met you on the site. I believe that he also explained to you the serious health condition of both Mr. and Mrs. Dame'. That condition could become an emergency at any time and therefore any street work would need to provide full and complete access not only to pedestrian vehicles, but emergency vehicles, 24 hours a day. The following are my clients' conditions to your requested easement: 1. Access ingress and egress must be fully available 24 hours a day; 2. We would need a construction schedule showing when construction would start and stop for the full project, as well as daily working hours; 3. Your client will be responsible for any damage to the roadway, surrounding landscaping, retaining walls, and the electric gate, as well as any other damage caused by installation of the sewer easement and related work; 4. Any open trenching needs to be covered by a steel cover; 5. The driveway upon completion of work needs to be sand and slurry sealed down from the top of the driveway where the sewer work will end down to the automatic gate; Gene DeBolt DeBOLT CIVIL ENGINEERING May 14, 1998 Page 2 6. Your client will be responsible to provide an insurance certificate for Mr. Dame' to ~rotect him against any claims or injuries as a result of the construction and workers and others entering his private property. That insurance certificate should be for not less than $500,000.00. Should you have any questions, please let me know. /l Very truly yours, 'I // ~ ~ - ../ /~I /I .~ ---- 1// / j,. &/i./------ / <.- Michael W. Rupprecht MWR:pcl cc: Rick Dame' [c:\wp51\cddame\debolt.ltr] \) A-(V1fl- Cv~~c., C/o - 2070 5 NV (l ~ ~.tV' lJ~ U (>;1 lLt/lJ r <.1 L /,,- ) 1- -: r J 7 - b fLIt( ~ June 7, 1998 Mr. Michael Rupprecht 18 Crow Canyon Court - Suite 160 San Ramon, CA 94583 Dear Mr. Rupprecht, I am the new homeowner of 2451 Ridgewood Road in Alamo, CA. Please refer to your letter dated May 14, 1998 written on behalf of Mr. and Mrs. Carl Dame. Your letter was in response to my plan to extend the sewer located on the Dame's property in Alamo on Via Romero to my property on Ridgewood Road utilizing the County Sanitary District's existing easement on the Dame's property. I found the Dame's conditions (detailed in your letter) acceptable and I understand Gene DeBolt, my engineer, acknowledged this verbally and was preparing to proceed with surveying for the sewer extension per your letter. However this past week Mr. DeBolt advised that your client now prefers we connect to a different sewer line. A sewer line found on his neighbor's property immediately to the west of the Dame's. The County Staff has indicated the easement through the Dame's property is the best location. I need to get the sewer connection accomplished as soon as possible. This is because the work we plan to do on my home will make it uninhabitable during construction. We can not properly plan for the work until the sewer connection is a certainty. I have no objection to consideration of alternate locations for the sewer if it will promote good neighborhood relations, provided I am not penalized financially for the delays in doing so. I therefore make the following proposal: 1. The Dame's proceed with whatever steps are necessary to determine the best location for the sewer line extension for Ridgewood Road and obtain the County's approval for that location (including the absorption of any expenses related to that determination and approval). 2. The Dame's obtain or provide all necessary property easements for the new location, and pay any expenses related to obtaining those easements. 3. I will pay for the construction of the sewer, as I would have on the existing easement on the Dame's property. My expense will, however, be limited to what my expense would have been for the sewer line on the Dame's property. Additional construction expenses, if any, beyond those I would have incurred on the existing easement will be paid for by the Dame's. 4. All of the necessary easements and approvals will be obtained within 90 days so that construction of the sewer may be commenced on the 91 st day on one of the two locations. This 90 day period will begin Monday June 22, 1998 with construction able to begin on one of the two locations no later than Monday September 21, 1998 (the 91 st day). If the necessary approvals and easements can not obtained by the Dame's so that construction can begin on September 21, 1998, the Dame's agree to grant unobstructed access to their property on that same day so that the sewer extension can be accomplished as originally planned by my Engineer and construction firm subject to no additional conditions beyond those detailed in your May 14th letter. 5. Recognizing the economic burden to me of this delay, the Dame's will reimburse me for the cost of ownership of my property while a new sewer location is being developed and made available. That cost is $162 per day. To accomplish this reimbursement, a sum equivalent to 90 days of this ownership costs (not less than $14,580) will be placed in a trust account. This cost of ownership, $1 62/day, would be paid to me for each day of delay that the sewer alternative takes to complete, not to exceed a total of $14,580 with the balance of the fund to be returned to the Dames once construction of the sewer is complete. I look forward to hearing from you soon on this proposal, but not later than June 19th, regarding the Dame's commitment to this proposal. We will concurrently be seeking alternative approaches to obtain the sewer connection the County requires of me as a homeowner on Ridgewood. Very truly yours, 4~;:~ Norman W. Schlinger 1049 Pine Lane Lafayette, CA 94549 cc Mr. Rick Dame Dame' Construction Company 2070 San Ramon Valley Blvd San Ramon, CA 94583 Mr. Gene DeBolt De Bolt Construction 811 San Ramon Valley Blvd Sttfl RUlllUll, CA 94526 'OA-M-'lUIt.- Mr. Jack Schlendorf Heritage Real Estate 3249 Mt. Diablo Blvd - Suite 101 Lafayette, CA 94549 LAW OFFICES OF MICHAEL W. RUPPRECHT 18 CROW CANYON COURT. SUITE 160 SAN RAMON. CALIFORNIA 94583 (925) 837-0867 FAX: (925) 837-6104 June 12, 1998 Norman W. schlinger 1049 pine Lane Lafayette, California 94549 Re: Sewer Line Dear Mr. Schlinger: I am in receipt of your letter dated June 7, 1998 and have forwarded the same to my client for his review. As you may be aware, Mr. and Mrs. Dame' are both advanced in age, very ill, and require full-time care. In the past, Mr. Dame' has been rushed to the hospital by emergency vehicles. Mrs. Dame' is undergoing chemotherapy and is subject to emergency treatment at any time. I appreciate your conciliatory approach to the easement and understand what you would like to accomplish. My primary concern, however, is for the health and safety of Mr. and Mrs. Dame' and making sure that they have unrestricted 24-hour access of ingress and egress. We believe that there is an alternate sewer alignment that would serve your property which would not require going down Mr. and Mrs. Dame's driveway. With your cooperation, we should be successful in doing that. I will be getting back to you shortly. ~trYlY.~.~ours /" / / . c1'(~L-----/ ~~hael W. Rupprecht MWR:pcl cc: Mr. and Mrs. Carl Dame' [c:\wp51\cddame\schlinger.ltr] ~. A)>>~ June 17, 1998 Mr. Michael Rupprecht 18 Crow Canyon Court - Suite 160 San Ramon, CA 94583 Dear Mr. Rupprecht, I received your June 12 letter, confirming receipt of my June 7 letter and reaffirming your belief that there is an acceptable alternate sewer alignment (on the parcel to the west of the Dame's property) that would not require going down the Dame's driveway. Also, again pointing out the potential need for emergency medical treatment for either or both Mr. and Mrs. Dame. As my engineer verbally indicated, and my June 7th letter states, we are willing to abide by all of the conditions found in your May 14th letter in which you anticipated the need for 24 access for emergency medical vehicles. The engineering firm I have hired indicated there would be no problem with any of your letter's conditions, including the 24 hour access. Your June 12th letter doesn't indicate what, if any, progress you or the Dame's have made in obtaining the necessary easements from the appropriate property owners for the alternate alignment. However, to move things forward (to minimize the inconvenience and economic burden the delay in the sewer plan is already causing) we met with the Central Contra Costa Sanitary District on Monday the 15th to discuss the existing easement on the Dame property and the alternate alignment you propose. The CCCSD advised us that they have physically inspected the site and that the proposed alternate alignment is "an unacceptable location to the CCCSD". As a consequence they will not approve a plan to locate the sewer there. Therefore the proposal I made in my previous letter, allowing up to 90 days to accomplish an alternate alignment (provided funds were placed in Trust for the purpose of offsetting our economic hardship) appears to now be unworkable. I believe we must move forward with the construction on the existing easement (if for no other reason, because it is the only location the CCCSD will accept). I would appreciate hearing from you that we may proceed with our original plan, subject to the conditions found in your May 14th letter. As an alternative, the people at the CCCSD felt that if the only concern is 24 hour access for emergency vehicles, why not allow the Dame's to perform the construction of the sewer extension themselves or with a construction firm with whom they feel comfortable? That seems a reasonable solution to us. If the Dame's elect to construct the extension, it would of course have to comply with all of the CCCSD's requirements. We would reimburse the Dame's for the costs of construction up to what the cost of the sewer would have been if we contracted to have it built and provided there is no delay in obtaining CCCSD approval and the construction is completed in as timely a manner as it would have been if we arranged for it. Mr. Rupprecht, I feel that both of the proposals I have made are very reasonable and are in the spirit of cooperation and good neighborhood relations. While the first one is now moot, due to the CCCSD position, this latest one suggested by the CCCSD will certainly have their support. I look forward to hearing from you soon on this latest proposal, but again not later than June 19th, regarding the Dame's position and commitment to this proposal. I am FAXing it to you today expecting that you are in the process of discussing and coming to some conclusions this week with the Dame's. Please feel free to call me at (925) 284-8335 if you have any questions and with word on our proceeding with our survey, design and construction. cc Mr. Rick Dame Dame' Construction Company 2070 San Ramon Valley Blvd San Ramon, CA 94583 Mr. Gene DeBolt De Bolt Construction 811 San Ramon Valley Blvd Danville, CA 94526 Mr. Jack Schlendorf Heritage Real Estate 3249 Mt. Diablo Blvd - Suite 101 Lafayette, CA 94549 Very truly yours, Norman W. Schlinger 1049 Pine Lane Lafayette, CA 94549 Mr. Charles W. Batts Director of Engineering Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4329 Mr. Jay McCoy Infrastructure Divsion Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4329 Mr. Kent Aim - CCCSD General Counsel Sellar, Hazard Law Firm 300 Civic - Suite 300 Walnut Creek, CA 94596 ~ Central Contra Costa Sanitary District - BOARD OF DIRECTORS Page 1 of 3 .1'1.11111:~llilil:.II:I~.:I:I:.:I~I:I:I~:~I~III~I:I:.!:!.!.!!.I!I~.i:!I'I.I'.!I::'li:'I'I'I~I'li BOARD MEETlj~l~ 2, 1 998 NO. 6. ENGINEERING DATE TYPE OF ACTION June 25, 1998 CONSIDER PROPOSAL SUBJECT CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT FOR PROPERTIES ON CHARLES HILL CIRCLE AND HARTFORD ROAD IN ORINDA SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTIDIV Engineering Department/Environmental Services ISSUE: Owners of properties on Charles Hill Circle and Hartford Road in Orinda have expressed an interest in connecting their homes to Central Contra Costa Sanitary District's (CCCSD) sewer system and have requested formation of a contractual assessment district to finance the extension of the public system. Board approval is required to form the assessment district. BACKGROUND: A group of property owners whose properties are located on Charles Hill Circle and Hartford Road in Orinda have contacted CCCSD staff to obtain information regarding connecting their homes to CCCSD's public sewer system. Ten of these owners have written letters requesting that a contractual assessment district (C.A.D.) be formed. There is a total of 17 properties (12 properties on Charles Hill Circle and 5 properties on Hartford Road) that would benefit from the extension of an 8-inch diameter public sewer presently located in an easement on number 10 Charles Hill Circle. The ten owners who are interested in connecting their homes own 1 2 of the 17 properties that will be served by the C.A.D. sewer extension. One of these owners owns three properties. These owners have contacted the other five owners to determine if those owners are also interested. The other five owners do not wish public sanitary sewer service at this time, nor do they wish to participate in a C.A.D. The addresses of the properties of the improved properties are numbers 15, 16, 25, 27, 29, 31, and 33 Charles Hill Circle; 1 and 5 Hartford Road. The Assessor's Parcel Nos. of the unimproved properties are 260-071-006, 260-040-006, and 260-040-004. The sewer extension that would serve these properties is shown on Attachment 1. One of the basic premises associated with a C.A.D. is that the properties served by the sewer improvement are to be included within a C.A.D. Thus, if a C.A.D. were formed for the 12 properties whose owners are interested in sewer service, the remaining five properties would be included within the boundary of the C.A.D. ~v DH #~ INITIATING DEPARTMENTIDIVISION CWS JSM U:\Plan Review\Hall\CHiIICAD\FORMCAD3.WPD 9/16/96 DATE June 25, 1998 Page 2 of 3 SUBJECT CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT FOR PROPERTIES ON CHARLES HILL CIRCLE AND HARTFORD ROAD IN ORINDA If a C.A.D. is formed, the owners of the 12 properties will be assessed for the total cost of the C.A.D. Reimbursement fees will be established later in the process to form the C.A.D. The reimbursement fees will be collected from the owners who do not participate in the C.A.D. representing these owners' share of the cost of the C.A.D. These fees will be collected when homes on the non-participant's properties are connected to the public sewer. RECOMMENDATION: Authorize the formation of a C.A.D., consisting of 17 properties to be formed on Charles Hill Circle and Hartford Road, and direct staff to begin processing said C.A.D. ,- ATTACHMENT 1 Page 3 of 3 . C.A D BOUNDAR COYN[ COOK · V ~ 260-0.040-006 N , COOK . 0 250 500 COOK . V FEET 260~O-00.04 DIERKAS . JACOBS LOCAT I~ MAP LEGEND 17 PROPERTIES 10 PARTICIPANTS (12 PARCELS) 5 NON-PARTICIPANTS -.-.. PROPOSED SEWER e EXISTING SEWER --- C.A.D BOUNDARY lID . PART I C I PANTS V VACANT PARCELS CD ; Central Contra Costa Sanitary District CD '" 2! '6~ . ' E~ PROPOSED BOUNDARY OF CHARLES HILL CIRCLE CONTRACTUAL ASSESSMENT DISTRICT CAD 98-2 ATTACHMENT 1 ~ -';; , i I H " '~';' ; ,~. " SEP 2 6 M1 > ,~,~ ~_~TiJ F~ E 15 Che.rles }=ill Drive Orinda, CA, 94563 September 24th 1907 l~:r. J a:,r l::c C o:t- Infrastructure Division 1~naeer Central Contra Costa Sahitary District 5019 Inhoff Place Marti~ez, CA 94533 De8.r 1:r. .Mc C 0;;' , We want to form a Contractual AssesmeLt District for Charles Rill Circle in Orinda. We have ~ad two information meetings during the past few months and found enough ixtere2t a~ongst our neighbors to meet the requirements of a "Ci'.D." We are on aseptjc tark. A sewer ~ystem would elir:l nate the nerj.odic Tlroblems"vlell as makir..L'" ~ J;' fA t the property more attractive for sale. Wo-u.ld apprec iate ~Tour approval of our re- (~uest . ~Sinc.erelY r-. I /-LJ~\,L L. 'rl~ <~o-- .~~seph L. Frledman / ,.- I',r=o. .1. ~ JCJ IH \'IJ ~ (~.' ",--i!!!: i JlJ L. SEP 2 6 www.jUi, ! ~, . L..,.i ) ! -~ -_.__J ; "CCSD INFRkSTRUCTUP~:' I ,1~ September 23, 1997 Mr. Jay McCoy Infrastructure Division Manager Central Contra Costa Sanitary District 5019 Inhoff Place Martinez CA 94553 Dear Mr. McCoy, We want to form a Contractual Assessment District for Charles Hill Circle in Orinda. After two information meetings in the last few months we believe there is enough interest among our neighbors to meet the requirements of a "C.AD". Our reasons for wanting to join the C.AD. are two: 1) our septic tank is 32 years old and could fail at any time; 2) a C.AD. with full support by neighbors could be financially feasible if formed now. We, therefore, ask that the Central San Board approve our request at the earliest possible date. ~~ ~~~ Petrce McKee ~O-- 5 ~cUz- Rosina S. McKee tS- c.k~~ ~ ~ l tA- ~t6?c/ .~ ~ Jlt) ~'- ;y)' L '.\' .~ m'- iI h).,.: j -"""-: ..:. '!';~~1 n I uu OCT.. t. I Y r Ln.. ~ . t{f~~.~~~:"~"- . 5 Hart ford Road Orinda} California 94563 Oct. 3, 1997 Mr. Jay McCoy Infrastructure Division Manager Centra 1 Contra Costa Sani tary Oi stri ct 5019 mhoff Place Martinez, CA 94553 Dear Mr. McCoy} We would be interested in establishing a Contractual Assessment District for the purpose of providing a pubHc main extension of a sewer line on Charles Hill Circle in Orinde with the provision of a minimum of 10 property homeowners sharing the financial expense that would be incurred in the construction of a pubHe sewer main. Thank you for your cont i nued consi derat ion. Sincerely} Donald D. Dierkes ~....'~~~ M~__ ~H_ ~ ~ 'He1en ~;o;erkes MICHAEL W. WOOD P.O. Box 248 Murphy, OR 97533-0248 (541) 862-2735 · Fax (541) 862-9640 , f i; ;,':' n~' r' i J ;'1 " ", lj' U1J I OCT - 8 1997 ; ~.Ji L_. __~~~ LCCCSD INFRASTRUCTURE October 6, 1997 Mr. Jay McCoy Infrastructure Division Manager Central Contra Costa Sanitary District 50 19 Inhoff Place Martinez, CA 94553 Dear Mr. McCoy: I am most anxious to be a part of any "C.A.D." to serve my lot at 34 Charles Hill Circle, Orinda (Assessor's Parcel Number 260-071-006-1). Since it is no longer possible for me to hook up to the sewer which I started up the canyon it seems this is my only alternative. My reason for joining any such C.A.D. is very simple - to make my 1.4 acre parcel buildable. I therefore request that you approve a C.A.D. for this area as soon as possible. I will very willingly participate. Thank you. ~ ' ~,,), "",~J , i /' ~/v/ ',,' ~.1/14 M"c;J;'el W. Wood ~ " ; , ' , .. ! nt, OCT - 8 1991 f ~." ~...J L\ ~ ~ ; /1//#"" '-7_/, A~ /~~"~.;I '~'~~;-D'I~"'~I~:~~~'';'f,;ir-/o:';'~ ,~' '/- / / 7 ~17 / ~ /), ~ / -/ c- c.....- ~. ,-.'~'\..'.::J ,'" ,,.....'-'. ,'- ~ l1-P~ /. .c_ .---' --,,---- /~;rH~fr~rr/c~/'~ i7/1~ /-/b/77c'/' C, ~', C' ....y;2//'/ ;/c.;/}~ /1/5).?-//c'/-; -'5(7 /7 //Pl// i!'/,/,-/' /~;/~ c C . / /L/~///j?[7 ~" ./.' .......:.",;. -- - {_, '/ '/ ' '"-'/ /'::'J .::) ,'5 Z:-7/<."'7"'/ IJ0~ /2#JC; L~' V /i- / / / ' /''7: /5 /..) /'/ J /-c-.*/[/- JC' ~::. .~': ;//7 -( / /7 t' [ ;.-r;; /7 <'/ / /,'" ,/' t' .' /...t-::: /,/ // ,. v' .;"....-" / / / /,-.? /2C" ./ ,. / '//i/ )'..-';?';' '/" -,', ,/ /.- /'"-~//~" ,'/, .'/ ? J ,<,'/,: ---c;~~ , 4 ..~. ...F,/ " />, / .;.' /7 e:'~ ~ /c',';' /:....,.~. // " /, ~ /~- -' - /> G. //L/(', -/- / './/' '.7" " / ~/--; /(;.'--/ / " . / ,// _>, //// /// ,7/1( //'/r:',/;X/, ~~//r ':/ . :~/ ?~>:J-'l l/;c'/ c,;- /'}-?//l~ h // ''z.'l// // Y t:/l ( .-: / " . ,~, ..- ,J!' .,,/ /,//, erE, ~/cCo/ j " /: ' ,{; ./, .-;"" ~.( r ,-. -..... /':: .:-? /...!- /":' ;/;(( ,/'/t'fXc"// c',',L/ /;:q,,' // ';;' / .. /"/::" ,T;-//'/'(/ .7c:.,,///,,( / /2/"/( ;'.:"i ,./ /';) / / / ~~ // (' C ,//:..-- / / :;> c'/' ( / . / / /. " r' ~- ..--.J ///~-'~ /,~ ,t' / ,/,' /;; ... -... "'- -.-.. / , : l.. "I. ~....~ t' .. ./ /. t t,'/ /.~ "'- ' ;' - / ,--- /,,-,./ -_ "I ",:::" / -, ~ ) ., .' / (/, '-- #. / - -' "1 ~ " ( /-, / ! -~"',. - . ...._ ...,,--'1 "'-----:' --~! " ~ ;--, ,') ~:'? _~~-k.~;2 =5 _7 L~ _.::~ ,/ / C' 'I .I "-,------,--------~--_._.""_.._._~_.._. - (jeT i 4 1991 ,--r, j October 13, 1997 ..-,~=:r-="~""-'" '-. ,.... """,.....~.."- .,.~ ~-......",.....,,,...<:..-,_..~........,,,....,,,........... .." Mr. Jay McCoy Infrastructure Division Manager Central Contra Costa Sanitary District 5019 Inhoff Place Martinez, CA. 94553 Dear Hr. McCoy: We want to from a Contractual Assessment District for Charles Hill Circle in Orinda. After two information meetings in the last few months, we believe there is enough interest amoung our neighbors to meet the requirements of a "C.A.D". Our reasons for wanting to join the C.A.D. are two: (1) our septic tank is 32 years old and could fail at any time, (2) a C.A.D. with full support by neighbors could be financially feasible if formed now. We therefore ask that the Central San Board approve our requist at the earliest possible date. Sincerely, I~~W~ I /, - ! c- i-I - (4// J ( t~\:'~:-)})C{'-C/-,. . Jean E. S mi t h Robert H. Dailey, MD, FACEP , .i ,~.I-. 'If "@lfllU"r2 -fJ~~". . . :J I ;~._""'~_,,_ 'J ~ n I ;' '. --";';;'1 [II' !in;' JilL "j,' OCT' 5ww 'ii'l 'C. "- f:'r.'f" I ,.I i ' . I h../ ._.~.._ I '....( ;~'.I:-:'-'.~: ~-~ ,.......,.>.".-.~ .' , '., tll'.~ I Rucrup;.' "~"'~..""_~_'_~.'_~' ...__~ . 1._. 29 Charles Bill Circle Orinda, Ca, 94563 phone: 510-253-8275 FAX: 510-253-8373 10/12/97 Mr. Jay McCoy Infrast.ruct.ure Di v. Manager Cent.ral CC Sani t.ary Dist.rict. 5019 Inhoff Place Marinez, CA, 94553 Dear Mr McCoy, I am wr i t.ing to ask you t.o form a Cont.ractual Assessment. Dist.rict. for our area of Charles Bill Circle in Orinda. I think our family and neighbors can meet. t.he requirement.s for a CAD. We are all on old septic t.anks which are nearing t.he end of t.heir life-span, and so we are anxious t.o get. on ci t.y sewage. Sin~e.,relY "l v vlf1/, Robert. a. Dailey, MD ,,~,~()a~ Cat.herine M Dailey, RN James M. Taylor 28 AJta VIsta Olinda. CA 94563 Home Phone (510)254-8587 , , 1- -::'r,,;-lf"G -Wrm--r~\:\ " - .., -'-'-~---r I ill '1\( OCT Il_~j~J r".LL ' - ---- !~CCSD INFRASTRUCTURE October 15, 1997 Mr, Jay McCoy Infrastructure Div. Manager Central CC Sanitary District 5019 InhotIPlace Martinez, CA 94553 Dear Mr. McCoy, We own the property located at 27 Charles Hill Circle in Olinda. I am writing to ask you to fonn a Contractual Assessment District for our area of Charles Hill Circle in Orinda. I believe that our family and neighbors can meet the requirements for a CAD. We are all on old septic tanks which are near the end of their life span, and would like to attach to the city sewage system. Sincerely, ~ Gayle R. Taylor 1 Hart f ont Road Onnda# CA 94563 (510-254-5276] t !;"\'-f~'-G~; '7;;-"(-',: . 1 ~D.I r. ~'-, "2.~L_. ,1 ._~:' . ;. .? ( I ~l: NOV - 6 1997 I L . . -- .___.~ l::_~CSD INFRASTRUCTU0.( November 1, 1997 Mr. Jay McCoy Infrestructure Division Manager Centre I Contre Costa Sanitary District 5019 Imhoff Place Martlnez# CA 94553 Re: Establ1shment of a Contractual Assessment O1strict for the purpose of a publlc main extension of a sewer line on Charles Hill Circle ln Orinda Dear Si r: Reluctantly, I would be in agreement 1n establ1shing a Contractual Assessment O1strict for the purpose of a public maln extension of a sewer line on Charles Hill Circle in Orinda with the provision of at least 10 property owners involved sharing the construction expense. 3 of many problems from my point of view are: 1) It would be twice as expensive to pay the yearly sewer fee for each household on the taxpayer's bUI than to properly maintain the present septic tank-drain field systems. 21 Monte Vista subdivision was laid out to accommodate septic tank-drain field systems instead of the proposed location of a public sewer Hne along Charles Hill Circle. The sewer Hne should be in the canyon along the easements already prepared [1-05-79J instead of on Charles Hnl Circle where pumps would be required in some cases. 3] Installation of a new pUblic sewer line in the proposed location would open the area to more development on now vacant property. This would put a burden on an already ageing and inadequate water supply and delivery system in the area- a problem that merits priority attenUon. Sincerely, . /) f K' - " ' >1 . . 0 0 'fjlC7~ "1. . . Marjorie M. Cook Resident of 41 years at this address G. Larry Engel 31 Charles Circle Orinda, California 94563 Telephone: 510-254-8305 i: . \1"\~"'lliW"~i ......._., ij I NOV -7_ J "J"i~J,F-HhSTRUCTURE ....---..... November 6, 1997 Mr. Jay McCoy Infrastructure Division Manager Central Contra Costa Sanitary District 5019 Inhoff Place Martinez, CA 94553 Dear Mr. McCoy: I reside at 31 Charles Hill Circle in Orinda. I wish to participate in the Contractual Assessment District for Charles Hill Circle in Orinda. My reasons include the superiority of a sewer over a septic system, and the fact that my septic system may eventually need to be rejuvenated. I attended the initial meeting at Pierce McKee's office, and I understand what is involved in the C.A.D. process. Please proceed as requested by Pierce McKee and my other neighbors. Thank you. veyournl G.:tf SPRUE 1 \GLE\5021659 _ 01 11/5/97 ---,--"..-"-_.__._~,._-"-~-".~..__._._--"--_.._.."-_.._-----_._"-_.~._~._---_._,------_._"~ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS .... ........ .... . . . . .:::::111111111:::1:1_1:111111:.111.1: BOARD MEET~~~; 2, 1998 Page 1 of 6 NO. 6. ENGINEER d. DATE TYPE DF ACTION June 26, 1998 AUTHORIZE CHANGE ORDER AND APPROVE REQUEST FOR SUBSTITUTION OF SUBCONTRACTOR SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER ON THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, (DP 4928); AND APPROVE SUBSTITUTION OF SUBCONTRACTOR NOT LISTED IN THE ORIGINAL BID SUBMITTED BY Charles A. Canepa, Assistant Engineer INITIATING DEPTIDIV Engineering Dept./Capital Projects Div. ISSUES: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute a construction contract change order in an amount greater than $50,000. Authorization by the Board is also required for the General Manager-Chief Engineer to consent to the substitution of WESTCON, INC. as a subcontractor for the completion of certain tunneling work which was not listed by the prime contractor in the original bid. BACKGROUND: The South Orinda Sewer Improvements Project includes installation of 8,250 feet of 36-inch sewer by microtunneling along Moraga Way. In May of 1998, various problems developed due to differing site conditions resulting in increased costs and delays to the Contractor's work at two different sites. A brief chronology for each site follows: On May 6, 1998, while tunneling from the bore pit at Payless parking lot (TB1) to the receiving pit across from the Wells Fargo Bank on Moraga Way (TR2), the microtunneling bore machine (MTBM) encountered an obstruction rendering the machine inoperable. Various attempts by the Contractor to re-engage the microtunneling operation failed. The MTBM was located under the North bound lane of Camino Pablo approximately 180 feet into the 512 foot bore and 22 feet below the surface (see attachment A - AREA 1). The Contractor excavated down to the MTBM to investigate and uncovered several large boulders obstructing the pathway of the MTBM. It is believed that the boulders are part of an old creek bed. The Contractor removed the boulders and the cutting face from the MTBM. The cutting face lost several cutting teeth and the face had to be repaired. On May 11, 1998, the Contractor reattached the cutting face and successfully restarted the microtunneling operation. The Contractor completed the bore to TR2 without any further complications. tc CAC ~ WB INITIATING DEPARTMENTIDIVISION HT DATE June 26, 1998 Page 2 of 6 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER ON THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, (DP 4928); AND APPROVE SUBSTITUTION OF SUBCONTRACTOR NOT LISTED IN THE ORIGINAL BID On May 21, 1998, while microtunneling from the bore pit at Payless parking lot (TB 1) to the receiving pit next to the Orinda Crossroads Pumping Station (TR 1), the tunneling machine encountered metal wire and cobble stones approximately 190 feet into the 314 foot bore and approximately 15 feet below the ground surface. Several broken cutting teeth from the MTBM and some unidentifiable steel wires were discovered in the tunneling slurry discharge. The next day, the MTBM became clogged causing the Contractor to lose all ability to control the machine. The MTBM was located approximately 90 feet from the pumping station underneath the City of Orinda's "mini park" at the intersection of Brookwood Drive and Camino Pablo (see attachment A - AREA 2). Due to the sensitivity of the area, the idea of retrieving the MTBM by open cut excavation was Quickly abandoned. The Contractor and the District staff decided to retrieve the MTBM by hand tunneling back from the pumping station. The operation entailed pushing a 60-inch diameter steel casing from the TR1 to the MTBM. In order to advance the casing, the soil was hand excavated and removed from the face of the 60-inch casing. From May 26 through June 6, 1998, the hand tunneling operation continued 24 hours a day except on Sunday. During the hand tunneling operation inside the casing, it was discovered that an abandoned 15-inch reinforced concrete pipe and three concrete encased wire tie-backs of an abandoned electrical tower were in the path of the microtunneling alignment and had to be removed. The failure of the MTBM was due to the first concrete footing. On June 6, 1998, the Contractor reached the MTBM. On June 10, 1998, the Contractor removed the damaged MTBM and constructed the remaining 90 feet of the 36-inch pipeline inside the steel casing. The void between the pipe and steel casing was filled with grout. The damaged MTBM was immediately trucked to Minnesota for repair. The manufacturer estimated, based on the reported damage, that the microtunneling machine would not be repaired and returned to the site until July 13. This delay would advance the schedules further into another wet weather and holiday season and would conflict with the City of Orinda's project at Glorietta Boulevard which will begin by July 30, 1998. The Contractor requested substitution of a new contractor, WESTCON, INC., which was not listed in the original bid. The additional microtunneling subcontractor, WESTCON, INC., is presently mobilizing at the job site. The original microtunneling subcontractor, Nada Pacific, Inc., has been notified of the request for a substitution of subcontractor for a discrete portion of the tunneling operation and the reasons for the request. Nada Pacific has no objections to this substitution. DATE June 26, 1998 Page 3 of 6 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER ON THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, (DP 4928); AND APPROVE SUBSTITUTION OF SUBCONTRACTOR NOT LISTED IN THE ORIGINAL BID The problems at AREA 1 and AREA 2 were both unknown to the Contractor and are within the stipulations specified under Contract Specifications General Conditions, GC-11, Differing Site Conditions. The Contractor has requested additional compensation for the extra work, the repair of the MTBM, the addition of another microtunneling subcontractor, and impacts to the contract work. Records of all extra work were kept on a time and material basis. The total cost for this negotiated change order is approximate and not to exceed $450,000. An exact figure cannot be known until the damaged microtunneling machine is repaired. Problems such as this are not uncommon on complex tunneling projects. District staff will continue to require project quality control, enforce traffic control and hours of work, provide for public safety and safety awareness, and maintain public relations with the residents and businesses of Orinda, the City of Orinda and other public agencies. RECOMMENDA nON: 1) Authorize the General Manager-Chief Engineer to execute a contract change order with Mountain Cascade Inc. for the extra costs associated with differing site conditions not to exceed $450,000 allocated from the project contingency; and 2) authorize the General Manager-Chief Engineer to approve substitution of WESTCON, INC., for microtunneling operations on the South Orinda Sewer Improvements Project, DP 4928. c: '" .., N o .c u 2 "0 :;:; '" E .c u 2 "0 " 00 N en .... " .., ~ o " VI >- VI "8 " - ." Central Contra Costa 6 Sanitary District ~ 00 en !!! g~ o ' U...-, Q.N ,- SOUTHWOOD DR AREA TR1 .~ ~ 1~ o ~~-- 200 I FEET PORTION LINE "A", CAMINO PABLO SOUTH ORINDA SEWER IMPROVEMENT PROJECT ATTACHMENT A -~--~---_..., -,._--_."._-------------_.,_._._-_._._-~--,--~--~--- Page 5 of 6 RESOLUTION NO. 98- RESOLUTION AUTHORIZING THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER AND AUTHORIZE THE APPROVAL OF SUBSTITUTION OF CONTRACTOR ON THE SOUTH ORINDA SEWER IMPROVEMENT PROJECT (DP 4928) WHEREAS the District and Mountain Cascade, Incorporated, (Contractor) have entered into a contract for the South Orinda Sewer Improvement Project (DP 4928) which is presently underway; and WHEREAS differing site conditions have been encountered on several occasions resulting in increased costs and significant delays; and WHEREAS the differing site conditions which were not known to the Contractor, are within the stipulations specified under the contract General Conditions No. 11 and have increased the Contractor's costs significantly; and WHEREAS the microtunneling equipment utilized by the Contractor's subcontractor has been damaged and rendered inoperable for a significant period of time thereby causing the risk of further delay to the construction project schedule; and WHEREAS the equipment needed to proceed with the microtunneling work is now available from Westcon, Inc., a subcontractor not listed by the Contractor in its original bid; and WHEREAS the Contractor has requested adding or a substitution of Westcon, Inc. for the purpose of completing a portion of the microtunneling operations until the damaged equipment is repaired and returned to the site; and WHEREAS the listed subcontractor has been notified pursuant to Public Contract Code Sec. 4107(a)(7) of the Contractor's substitution or addition request and reasons therefore; and WHEREAS the substitution/addition of subcontractor and change order is a matter of necessity due to the impact of the changed site conditions, damage to the existing subcontractor's microtunneling equipment, and the multiple risks of further schedule delays, including adverse impacts on traffic congestion, community relations and total project costs. THEREFORE the Board of Directors of Central Contra Costa Sanitary District resolves: 1 . The Board authorizes the General Manager-Chief Engineer to execute a contract change order for the South Orinda Sewer Improvement Project (DP 4928) in an amount not to exceed $450,000, with Mountain Cascade, Inc. from the project ----~--_.~~-'-~----"_._---"..._----"~-_._<------"._-------_._._--~-------,---_._-"._--_._-----._--_....~-.-,.._.,-"-_.,_.~. .~.,,~.._--.,--,_._._-_._-"--_.,-" Page 6 of 6 construction contingency fund for extra costs associated with the differing site conditions and resulting damage to microtunneling equipment. 2. The Board authorizes the General Manager-Chief Engineer to approve Mountain Cascade's request for the substitution/addition of Westcon, Inc. as a subcontractor for a portion of the microtunneling operations originally assigned to Nada Pacific on the South Orinda Sewer Improvement Project (DP 4928). PASSED AND ADOPTED this day of July 2, 1998, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa State of California APPROVED AS TO FORM: Kenton L. Aim District Counsel