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Home My WebLink AboutAGENDA BACKUP 02-01-96 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETINQ OF 996 t-ebruary 1, 1 NO. 4. CONSENT CALENDAR d. SUBJECT DATE January 24, 1996 ACCEPT GRANT OF EASEMENT FROM DAVID K. MADSEN, ETUX, PARCEL 34 IN PLEASANT HILL FOR THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT, PHASE 4, DP 4985 TYPE OF ACTION ACCEPT GRANT OF EASEMENT SUBt.4J.1TED BY Hlcardo Hernandez Engineering Assistant INITIATING DEPT./DIV. Engineering Departmentl Infrastructure Division ISSUES: Board approval is required to accept Grants of Easement. BACKGROUND: The subject sanitary sewer easement is part of the right of way being acquired for the Pleasant Hill Relief Interceptor Project. This section of the interceptor (Phase 4) is located south of Taylor Boulevard at the north end of Ardith Drive. An appraisal was prepared by a licensed real estate appraiser (Associated Right of Way Services) hired by the District to determine the value of the proposed easements. Based on recent comparable sales of similar properties and the impact of the existing and proposed easements on the value of the existing lands, the compensation amount was appraised to be a nominal value of $500 for the easement. An agreement has been reached with the property owner, and a Grant of Easement Deed has been signed. Funds for the purchase of the easement are included in the authorized budget for the Pleasant Hill Easement Acquisition Project, D.P. 4985. This project was addressed in the 1991 Pleasant HiIl/A-Line Environmental Impact Report and the 1993 Recycled Water Pipeline Project Negative Declaration. No additional environmental documentation is required. RECOMMENDATION: Accept Grant of Easement Deed from Mr. David K. Madsen, etux, at a cost of $500, and authorize staff to record said Deed with the Contra Costa County Recorder. REVIEWED AND RECOMMENDED FOR BOARD ACTION RH TJP JSM RAB ~ ::n c 5! o ::n ~ t~d) o ::D < m ACCEPT GRANT OF EASEMENT JOB 4985 PARCEL 34 PLEASANT HILL AREA 2523-9/88 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF February 1, 1 996 NO. 4. CONSENT CALENDAR e. SUBJECT QUITCLAIM SEWER EASEMENT TO BSFS/CASA, A CALIFORNIA LIMITED PARTNERSHIP, JOB 5115, ALAMO AREA DATE January 26, 1996 TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT.lDIV. Engineering Department/ Infrastructure Division ISSUE: The property owner, BSFA/CASA, has requested that the District quitclaim the subject easement. BACKGROUND: The subject easement was dedicated to this District on the Parcel Map filed on November 2, 1990, in Book 149 of Parcel Maps, Page 24. The development plan for the site has been changed, and the subject easement will not be used. A replacement easement was granted to this District on December 18, 1995. The property owner has paid the District's processing fee. and the easement may now be quitclaimed. Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEOA Guidelines, Section 18.6, since it involves a minor alteration in land-use limitations. Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEQA. RECOMMENDATION: Approve Quitclaim Deed to BSFS/CASA, a California Limited Partnership, Job 5115; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. REWEWEDAND RECOMMENDED FOR BOARD AcnON 1302A-7/91 i)1( DH #1 f!!& INITIATING DEPT.lDIV. JSM RAB 4?- ~ ~ ~"'\. \ \ \ .----..... - \ y-'-' o \ . -\ (1\ \ 0":' , (1\ . 0'0 %1 :ll~ "'-\ 0" 0_ l/lG'l \ -\ :x: \ "'-\ l/l_ \ ./0 0 r 0 (1\ ~ . ~ 'S -\(1\ "<0 \ \ \ ~ I I I I "-1 I I I 6".)' ~. /~ ot" ~~ c~ ~~~ -^%;. ~~} ~ .-n~/- " \Y ~ (. . -<1~~ ~{,. QUITCLAIM -u \~~ EASEMENT ~ ) ~r 7~n( // ,~> .v >> -u ~ () f1'\ r- o ?:f,~ c: ~ .p ~~ 0_':) oO~ .r-", -x.~ C'~ C'/- ~} ~/ ~" ~~\~~ 6~ ~ orA' , 49& -~- \ ~~ '::!~ o l"'\.' ;.o~ ~~ o <<> " (1\ o o " ..."".' . o \ \"~.'''',~r ~ % '\ y~~~~ti i l/l__\ , ;S~. '-'-,- _~ l/l ~ ~ S I.? '{: p " '" Z \.~ ~ ~ ~'CJ ---: :::> ,- ---- ...- N t, ~ 0,. '-<71-0 ~.5')o-9, Js~' "0;-, _ "'-% ~O " ',~-$l O~v. 0,(' ~O )0.,. :o~ ~~ ~1-r ~~ -1-9, .5'~~ ~-1 ~1-)o ~ ~:f' (), . (), " ~~. ()," 4'G. ,>" ~ (), > <'-\ " (), ~ ~ ~" . . . QUITCLAIM 'SEWER EASEMENT JOB 5115 ALAMO AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF February 1, 1 996 NO. 4. CONSENT CALENDAR f. QUITCLAIM SEWER EASEMENT TO VERA M. LONG, JOB 1572, PARCEL 87 (PORTION) ORINDA AREA DATE January 26, 1996 TYPE OF ACTION SUBJECT APPROVE QUITCLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT./DIV. Engineering Departmentl Infrastructure Division ISSUE: Mrs. Vera Long has requested that the District quitclaim a portion of a District easement within her property. BACKGROUND: The subject easement was granted to the District in 1951. Last year, Mrs. Long granted a new easement to the District for the Lombardy Lane Sewer Renovation Project, District Project No. 5081. This project replaced the existing 12-inch diameter sewer pipeline within the Long Property with an 18-inch diameter sewer pipeline in a slightly different alignment. The new sewer has been completed, and the original easement may now be quitclaimed. Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.6, since it involves a minor alteration in land-use limitations. Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEQA. RECOMMENDATION: Approve Quitclaim Deed to Vera M. Long, Job 1572; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. RE~EWEDANDRECOMMENDEDFORBOARDAcnON 1302A-7/91 }Off DH ~1 I/Jf3 RZ:- ROGER J. DOLAN INITIATING DEPT.lDIV. JSM RAB ~ QUITCLAIM SEWER EASEMENT JOB 1572 PARCEL87 ORINOA AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF February 1, 1 996 NO. 4. CONSENT CALENDAR g. SUBJECT DATE January 23, 1996 AUTHORIZATION FOR P.A. 96-2 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBt:,d)TTED ~Y LJennls Hall Associate Engineer INITIATING DEPT./DIV. Engineering Department/ Infrastructure Division PARCEL NO. 96-2 AREA OWNER/ADDRESS PARCEL NO. & ACREAGE REMARKS LEAD AGENCY Danville (9801) Luis L. Navarro, et ux 11 Buckeye Lane Danville, CA 94526 202-010-015 (0.75 AC.) Existing house with a CCCSD failing septic system; must connect to the public sewer system. Project is exempt from CEQA RECOMMENDATION: Authorize P.A. 96-2 (Danvillel to be included in a future formal annexation. RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT./DIV. 0~~J)K :,' (/I! f1/JB 1302A-7/91 DH JSM RAB flitm 2 ::.::: w w a: u ROAD ~ w ~ ~ <t TRACT > 8 7 z UJ UJ a: C) ~~ Q q: o a: 3 4 5 WILLOWMERE WILLOWMERE o ..J m q: Q 10 9 PROPOSED ANNEXATION P .A. 96-2 COMPO WAIN' ml ~I;~~~~ .;.;.;.:. ~M~ ;::;l:~ Ml -!!~! ~::~~: ~~~~~j~ ;:i-::;::: .:;:;:::;: :-:.;.;.; :;:::;:;:; 1~~H~ 5. ITEMS HELD OVER FR PREVIOUS BOARD MEETING a. February 1, 1996 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF8 ip"':,')ottstf'I'''r'I'''ofiN.'.'.,.,'',.,.'......'e''.......".Eu... ....13'8: ...... . . --" ',','-' ::::;:: ~ - :. :.' ': ..: . - ,.;. . . -: -' . " . ::::::;; ...:. : -;,;:: :.:.:.:. --...... _.C. :'..'.... - ,,'..; ..,.:. 'c,':' ,.............. "'""""'.'.:.; .;.:::,:....:.:,::::;,:,;;:,;..;>:.:::-.:::,.:;.:.;.:..,.':;:;:::;'::';.;::-,>-;:::-.,..-:.:-:-:-:-:-:-":,'-:':-;.:..-::;:'.-:::::':-:-:-:::':';':':':'::-::::':-:::-:::::':,;.;:,;.:-:.:::.:.::..:.....: BOARD MEETING OF January 1 1, 1996 NO. 6. SOLID WASTE a. CONSIDERATION OF BOARD ACTION 'ON ALLEGED BREACHES OF ORINDA-MORAGA DISPOSAL SERVICE, INC. SOLID WASTE FRANCHISE AGREEMENT AND CURE OR FAILURE TO CURE SAME DATE January 9, 1996 TYPE OF ACTION SUBJECT CONSIDER POTENTIAL BREACH OF CONTRACT SUBMITTED BY INITIATING DEPTJDIV. Kenton L. Aim, District Counsel Admini r ISSUE: The General Manager-Chief Engineer has determined that Orinda-Moraga Disposal Service, Inc. (OMDS) is in breach of its solid waste franchise. If the General Manager-Chief Engineer determines that a material breach has occurred, such determination is automatically appealed to the Board for final action. BACKGROUND: The General Manager-Chief Engineer is responsible under the current solid waste franchise agreements to make determinations as to breaches thereof. General Manager-Chief Engineer has recently provided final notice to OMDS that two sets of circumstances independently give rise to a breach of the contract. Failure of OMDS to cure either breach may lead to a determination that a "material" breach has occurred. A letter from Mr. Dolan to Mr. Lomow, dated December 22, 1995, setting forth the specifics of the current breach and cure circumstances is attached at Exhibit A. A determination by the Board that a material breach has occurred would allow the Board to direct that the agreement be terminated or direct other appropriate action'. Staff is not recommending termination of the agreement at this time. Staff seeks to make clear that the issues before the Board deal only with OMDS' financial obligations and do not effect OMDS' continuing contractual obligation to provide appropriate service for the remaining term of the franchise. Due to the fact that the current franchise agreement with OM OS will terminate by its terms at the end of February 1996, staff has concluded that certain contractual issues must be addressed in the immediate future. Staff's overall objective is, of course, to ensure quality service throughout the remainder of the franchise period, while minimizing any adverse economic impact on the rate payers or OMDS creditors. Due to the franchise termination date and the Board meeting schedule, this matter has been put before the Board on an essentially conditional basis. At the time of preparation of the Position Paper, staff has not had an adequate opportunity to evaluate whether appropriate efforts to cure have been undertaken by OMDS consistent with the December 22, 1995 letter from Roger Dolan. Staff will provide an update of the circumstances concerning these contractual matters at the Board meeting. Direction from the Board with regard to further action may be requested, depending on the status of the pending issues. RECOMMENDATIONS: Consider whether the alleged breaches of the OM OS franchise agreement have been cured, and direct further action with regard to OMDS franchise agreement as may be ~ppropriate. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATlNj(m 1302A.7191 KLA OGER J. DOLAN ADS/S/Admin/PoIP/OMDSBrea.pp Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, California 94553-4392 (5]0) 228-9500 · FAX: (510) 676-72]) December 22, 1995 ROGER J. DOLAJI' General Manager Chief Engineer KE^70X L. ALM Counsel for the District (510; 938-1430 CERTIFIED MAil: P 621 91 5 306 JOYCE E. MURPH)' Secretary of the District Mr. Doug lomow Orinda Moraga Dispose-All 1029 Blackwood lane lafayette, CA 94549 RE: Delinquent Franchise Fees Dear Mr. lomow: ISSUE ONE On September 22, 1995, Central Contra Costa Sanitary District (CCCSD) notified Orinda Moraga Disposal Service, Inc., (OMDS), by written correspondence sent by certified mail, of OMDS' default and breach under the terms of the Agreement for Collection, Removal and Disposal of Garbage, Zone 1 and 1A (the "Agreement"). In said written notification, CCCSD demanded that all delinquent franchise fees and legal impound fees be paid within thirty (30) days of receipt of said notification. Said notification further demanded that the monthly franchise fees and legal impound fees to become due through the remaining term of the Agreement be paid on a monthly basis. A copy of said September 22, 1995 written notification is enclosed for your reference. Despite such demand having been made, OMDS has failed and refused to pay any of said past due franchise and legal impound fees, nor any of the monthly fees which became due thereafter. I have determined that the failure of OMDS to pay the fees described herein, and in the September 22, 1995 correspondence, to be a default of OMDS' obligations under the Agreement, and to be a material breach of the Agreement. Pursuant to the terms of the Agreement, my determination in this regard shall automatically be appealed to the Board of Directors of the CCCSD (the "Board"). Please be advised that this appeal will be considered by the Board at its meeting scheduled for January 11, 1996 at 2:00 p.m. Should OMDS pay to CCCSD all of the fees described in this correspondence, and the September 22, 1995 written notification, on or before January 8, 1996, the Board will be notified and be requested to consider that payment in ruling on the appeal. C:\WPOOCS\RJO\LOMOW.L TR @ Recycled Parer HOB ISSUE TWO CCCSD has been seeking to perform an examination of the records pursuant to paragraph 7 of the Agreement since August of this year. Most recently, an examination was scheduled to be performed on or about December 8, 1995 by the agreed upon independent CPA firm of Hemming Morse. To date, no examination has occurred. I conclude that the failure of OMDS to provide the records in a timely manner to allow for an examination as provided for in the Agreement also constitutes a breach of the Agreement. Pursuant to the terms of the document which was signed on December 20, 1995 (Agreement Regarding Examination of Orinda Moraga Disposal Service, Incorporated's Books and Records), you have committed to the performance of an examination to be commenced on January 8, 1996. To the extent that you fully comply with the terms of that document, OMDS may cure this breach. If OMDS does not fully comply with the terms of the December 20, 1995 document, I will be forced to conclude that this second default on the part of OM OS also constitutes a material breach. In the event I determine this breach has not been cured, this matter will likewise be calendared on the Board's agenda for January 11, 1996 for the automatic appeal proceedings. If you wish to appear before the Board at its January 11, 1996 meeting, you and/or your representative will be provided reasonable time to address this issue. We would appreciate it if you would notify Joyce Murphy, the Secretary of the District, of your intentions with regard to making a presentation. ;;JeIY~ ~/ ~ ROger~~ C General Manager/Chief Engineer RJD:bl Enclosure cc: Board of Directors K.Alm P. Morsen D. Ratcliff R. Adams, Lafayette R. Hubbard, Moraga W. Lindsay, Orinda K. Norris (via FAX #510-222-5992) C:\WPOOCS\RJO\LOMOW.L TR '.- 4. . t. .. Central Contra Costa Sanitary Dist~ict 5019 lri1hoffPlace;'Martinez:Califomia-4J4553~392 .. ... - . "'{51O) 228-9500 .. FAX: (510)1i76-7211 RaCER J. DOLAN General Manager Chief EngmHr KEm'ON L ALM Counstzl for thtl District (510) 938-1430 JOYCE E. MURPHY S<<reI017I of the District September 22, 1995 CERTIFIED MAIL: P 385 323 031 Mr, Doug Lomow Orinda Moraga Dispose-All , 029 Blackwood Lane Lafayette, CA 94549 Dear Mr. Lomow: Over the past several years, Orinda Moraga Dispose-All has had difficulty paying its franchise fee to the District in one lump sum within 30 days of receipt of invoice per Section 19 of the Franchise Agreement, You requested a monthly payment plan, and we have accommodated that request. You have consistently indicated a willingness to make payments but have indicated that you have had cash flow problems. However, as of today, we have not received any monthly payments on the franchise fee, nor the legal impound fees since the December 1994 and November 1994 payment, respectively. Furthermore, delinquent payments from 1993 are still outstanding as well. You announced at the Orinda City Council meeting on September 5, 1995, and again in your "Guest Columnist" article in the September 20, 1995 Contra Costa Sun that you had paid all that you believe you' owe in franchise fees to the District. This was very surprising since you are significantly delinquent on your monthly payments. Your statements seem to indicate that you will not be paying the District agreed upon contractual fees which were included in your rate base. The District is now requesting full payment of all delinquent franchise fees and legal impound fees in the amount of $352,755.63 (which includes prior year unpaid amounts) within 30 days of receipt of this letter. The remaining balance of $194,615.44 is due starting in October on a monthly basis by the,15th of each month. A detailed breakdown of delinquent amounts owed is attached. @ Rtcycltd Paptr HOB .. Mr. Doug Lomow Page 2 September 22, 1995 Since this letter is referring to amounts owed to the District, I will use this opportunity to remind you of my letter, dated July 28, 1995, which requests that the $2.12 per ton household hazardous waste fee which was previously collected at the West Contra Costa Landfill be remitted to the District on a monthly basis beginning August 15, 1995. (See attached letter.) To date, we have not received the payments due for the months of July and August. Your prompt payment is expected within 30 days. SI' . rely,.- ~:,7 .~, ~ f>aul Morsen Deputy General Manager PM:dp Attachment cc: Board of Directors K.Alm R. Dolan D. Ratcliff R. Adams, Lafayette R. Hubbard, Moraga W. Lindsay, Grind a ADSlRatcliff 2A/FrancFee.Ltr .~ , . . " ~I ,... C') ~ ,... 0 CO ~ 0 - &n - ,... &n ,... f"? ,... - N ,... ~ &n ~ .,.. C') &n .,.. .,.. ..J ..J 0 c:t Z I ::> ..J 0 c:t ~ en _ OW..J a. (.) c:t en-c:I _Ow C>..J ~O c:t>Z e"a:c:t c:tc:tCl) a:~W O~W ::>LL. :ECI)~ c:t 5: C 0 Z ~ - a: a: LL. o Q) (.J e ~ (tl a:l Q) ~ o ... (/) (tl a.. Q) -' Q) Q,) LL Q) (/) :c (.J e (tl ... LL (/) ... (tl Q) > ... o if N C') M .,.. IIi - .,.. Q) (.J e ~ (tl a:l M 0) en - ... Q,) .L:J E Q) (.J Q,) o Q) Q) ::c ::c (tl (tl > > (tl (tl a.. a.. ~ ~ en 0) en 0) - - ... '- Q) Q) .L:J .L:J E E Q) Q) > (.J o Q) Z 0 &n ,... ex> ,... N .,.. &n &n &n N ,... ,... &n C') ,... &n C') co co ~ C') lO ~ c5 __ -- M .,.. .,.. 0 Q,) 0) ... (tl .r; U Q) ... (tl -' C') en en - Q,) ::c (tl > (tl a.. C') en en - '- Q) .L:J E Q,) (.J Q) o Q) ::c (tl > (tl 0.. ~ en en -- '- Q) ~ E Q) (.J Q) C .~ c. <{ '- (tl Q) > , , -. ex> CO ex> - CO .. - en .,.. &n en en -- 0) ~ <{ I &n en en -- e (tl .., &n en CO C') - .. - CO N .,.. &n en en - Q) ~ C 0) ~ <{ I &n en en -- Cij ... o ... .L:J ~ en e ~ # CO en en - e (tl .., I &n en en - ... c. Q) fn - .,.. &n ,... . ,... CO C') &n o ~ .,.. .r; O)Q,) ~ (/) 0.- '-.r; .r;(.J r-e.., Q,)~e ::l LL Q) c_E _O~ ~ 't:S '- oeO) r-W<{ M 1Il ClI CO .s- ~ ~ ... E Cl. ~ c E c II::! CD CO) - := 13 ... III e en o < ORINDA MORAGA DISPOSE-ALL DETAILED PAYMENT HISTORY . . FRANCHISE FEES .. Payable Payment Amount Amount Net Owed Prior Years: April 1993 Late Charge $2,123.47 $1,844.72 $278.75 Jan. 1993 thru Nov. 1993 $172,207.75 $172,207.75 0 Dec. 1993 $15,655.25 0 $15,655.25 Jan. 1994 thru Nov. 1994 $158,771.25 $ 158.771.25 0 Dec. 1994 $14.433.75 Q $14.433.75 Prior Years Subtotal $363,191.47 $332,823.72 $30,367.75 Current Year: (13 Payments) Jan. 1995 (Due Feb. 15) $28,846.15 0 $28,846.15 Feb. 1995 (Due Mar. 15) $28,846.15 0 $28,846.15 Mar. 1995 (Due Apr. 15) $28,846.15 0 $28,846.15 Apr. 1995 (Due May 15) $28,846.15 0 $28,846.15 May 1995 (Due Jun. 15) $28,846.15 0 $28,846.15 Jun. 1995 (Due Jul. 15) $28,846.15 0 $28,846.15 Jul. 1995 (Due Aug. 15) $28,846.15 0 $28,846.15 Aug. 1995 (Due Sept. 15) $28.846.1 5 Q $28.846.15 Current Year Subtotal $230,769.20 0 $230,769.20 Total Past Due $261. 1 36.95 Remaining Due Thru End of Franchise Agreement: Sept. 1995 (Due Oct. 15) $28,846.15 0 $28,846.15 Oct. 1995 (Due Nov. 15) $28,846.15 0 $28,846.15 Nov. 1995 (Due Dec. 15) $28,846.15 0 $28,846.15. Dec. 1995 (Due Jan. 15) $28,846.15 0 $28,846.15 Jan. 1996 (Due Feb. 15) $28.846.20 Q $28.846.20 Remaining Subtotal Due $144,230.80 $144,230.80 Total Due Thru End of $405.367.75 Franchiss AgiSSiiiSiit ADS/Ratacliff 2A/PmtHilt.cht ORINDA MORAGA DISPOSE-ALL DETAILED PAYMENT HISTORY .' LEGAL IMPOUND ..':" Payable Payment Amount Amount Net Owed Prior Years: Jan. 1993 - Dec. 1993 $130,000 $129,996.69 $3.32 Jan. 1994 - Oct. 1994 $55,000 $55,000 0 Nov. 1994 $ 5,500 0 $5,500 Dec. 1994 $ 5.500 Q $ 5.500 Prior Years Subtotal $196,000 $184,996.68 $11,003.32 Current Year: (13 Payments) Jan. 1995 (Due Feb. 15) $10,076.92 0 $10,076.92 Feb. 1995 (Due Mar. 15) $10,076.92 0 $10,076.92 Mar. 1995 (Due Apr. 15) $10,076.92 0 $10,076.92 Apr. 1995 (Due May 15) $10,076.92 0 $10,076.92 May 1995 (Due Jun. 15) $10,076.92 0 $10,076.92 Jun. 1995 (Due Jul. 15) $10,076.92 0 $10,076.92 Jul. 1995 (Due Aug. 15) $10,076.92 0 $10,076.92 Aug. 1995 (Due Sept. 15) $1 0.076.92 Q $1 0.076.92 Current Year Subtotal $80,615.36 $80,615.36 Total Past Due $91.618.68 Remaining Due Thru End of Franchise Agreement: Sept. 1995 $10,076.92 0 $10,076.92 Oct. 1995 $10,076.92 0 $10,076.92 Nov. 1995 $10,076.92 0 $10,076.92 Dec. 1995 $10,076.92 0 $10,076.92 Jan. 1996 $10.076.96 Q $1 0.076.96 Remaining Subtotal Due $50,384.64 0 $50,384.64 Total Due Thru End of Franchise $142.003.32 Agreement ADS/R8t8cliff 2A/lmpound.cht Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF February 1, 1996 NO. 8. ENGINEERING a. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH UTllX CORPORATION TO INSTAll A SEWER BY DIRECTIONAL DRILLING FOR THE MARTINEZ DOWNTOWN TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 4950 DATE January 29, 1996 TYPE OF ACTION AUTHORIZE CONTRACT SUBMITTED BY Curtis W. Swanson Principal Engineer INITIATING DEPT./DIV. Engineering Department! Infrastructure Division ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute construction contracts over $10,000. BACKGROUND: On November 14, 1995, the Board of Directors adopted a resolution approving a sewer installation by directional drilling in downtown Martinez as a demonstration project and exempted that project from public bidding. The Board further authorized the General Manager- Chief Engineer to execute a contract for installation of an 8-inch sewer by directional drilling with a cost ceiling not to exceed $49,500 with UTllX Corporation of Kent, Washington. The project location is shown in Attachment 1 . As proposed initially, the new sewer was to be installed in two phases. An 8-inch sewer was to be installed by directional drilling during the 1995-96 winter. In 1996 and 1 997, the 8-inch sewer would then be enlarged to a 12-inch diameter sewer by pipe bursting during a larger trunk sewer project. The two-phase approach was to provide near-term overflow protection in a neighborhood that experienced approximately six sewer overflows during the winter of 1994-95. Since the November 14, 1995, approval, staff has been working with UTILX Corporation to accomplish the demonstration project. Based on the site conditions and knowing the District's ultimate need for a larger sewer, UTllX Corporation has proposed to install a 12-inch diameter sewer, rather than an 8-inch diameter sewer, by directional drilling. District staff, after review with UTllX Corporation's engineering and construction staff, believes that the project is feasible. A unit price contract with a cost ceiling of $79,000 has been negotiated with UTllX Corporation. The total estimated construction cost for the demonstration project will be $117,000. A summary of these project costs is presented in Attachment 2. The cost of the original demonstration project (Phase 1 only) was estimated to be $83,000. The one-phase approach will be less expensive than the original two-phase construction proposal. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a contract with UTllX Corporation in the amount of $79,000 for construction of a 12-inch sewer by directional drilling as part of the Martinez Downtown Trunk Sewer Project, DP 4950. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 CWS JSM RAB /14 fH3 --. -.', ..' ,~ ~--=--:...- ./ / \ ~ \ C 0- '0 o C <> "- " . <> g 200 FEET Central Contra Costa 8 Sanitary District .... o ... '" .... I > o .! ATTACHMENT DIRECTIONAL DRILLING DE.MONSTRATION (DP 4950) 1 Page 3 of 3 ATTACHMENT 2 COST ESTIMATE REVISED DIRECTIONAL DRILLING DEMONSTRATION PROJECT Construction: UTILX Corporation Utility Potholing Contingency (20%) SUBTOTAL $ 79,000 2,000 14.000 $ 95,000 Construction Management: Project Management Inspection/Adm inistration SUBTOTAL $ 5,000 8.000 $ 13,000 Services During Construction: Engineering Survey Legal Community Relations Collection System Operations Encroachment Permit/City Inspection SUBTOTAL $ 2,500 2,000 500 1 ,000 1 ,000 2.000 $ 9,000 TOTAL DEMONSTRATION PROJECT COST $ 1 1 7,000 FUNDS ALLOCATED TO DATE FOR DEMONSTRATION $ o ALLOCATION REQUIRED FOR DEMONSTRATION $ 11 7,000 ~- Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF February 1, 1 996 NO. 8. ENGINEERING b. SUBJECT DATE ACCEPT THE CONTRACT WORK FOR THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT, PHASE 3 (D.P. 5031) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION January 26, 1996 TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY Charles A. Canepa, Assistant Engineer INITIATING DEPT.IOIV Engineering Department/Infrastructure Division ISSUE: Construction has been completed on Phase 3 of the Pleasant Hill Relief Interceptor Project (D. P. 5031), and the work is now ready for acceptance. BACKGROUND: Phase 3 of the Pleasant Hill Relief Interceptor Project is part of a multi-phase program to address capacity problems in the trunk sewers in the City of Pleasant Hill. This phase of the program extended the new interceptor from Chilpancingo Parkway to Taylor Boulevard. A significant milestone of this phase was the elimination of overflows at Baylor Lane-the site of major overflows in 1982 and 1986. The project included the construction of 4,900 feet of 48- inch diameter pipe and 5,200 feet of 18- and 16-inch reclaimed water line. The alignment generally followed the west bank of Grayson Creek, crossing Grayson Creek, the K-Mart Shopping Center, Diablo Valley College, and Valley View Middle School. Phases 1 and 2, which included sewers from the treatment plant to Chilpancingo Parkway, were completed in December 1994. Phase 4, which will run from north of Taylor Boulevard to the north end of Ardith Drive, is scheduled to begin construction in May 1996. Additional information on the project is given on page CS-21 of the 1995-96 Capital Improvement Budget. On May 4, 1995, the Board authorized the award of a contract to McGuire and Hester to construct the project. Notice to Proceed was issued on June 5, 1995. The contract completion date is January 22, 1996. The contract work was substantially completed on December 15, 1995, and the new interceptor was under full operation as of that date. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the project, including the cost of engineering design, consultant services, District forces, testing services, etc., is $7,124,000. A detailed accounting of the project cost will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for construction of the Pleasant Hill -Relief Interceptor Project, Phase 3 (D.P. 5031) and authorize the filing of the Notice of Completion. cv jllJ/ f!J# REWEWEDANDRECOMMENDED FOR BOARD AcnON 1302A-7/91 CAC TJP HT JSM RAB Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF February 1, 1 996 NO. 8. ENGINEERING c. SUBJECT DATE ADVISE THE BOARD OF THE CLOSE OUT OF THE KNOX DRIVE SEWER REPLACEMENT PROJECT (D.P. 4602) AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE ADDITIONAL FUNDS January 26, 1996 TYPE OF ACTION PROJECT CLOSE OUT AND ALLOCATE FUNDS SUBMITTED BY Charles A. Canepa, Assistant Engineer INITIATING DEPT.lDIV. Engi neeri ng Department/Infrastructure Division ISSUE: All work has been completed on the Knox Drive Sewer Replacement Project (D.P. 4602), and this project can now be closed out. Authorization by the Board of Directors is required for the General Manager-Chief Engineer to allocate additional construction funds in excess of 15 percent of the Board approved project budget to balance the expenditure. BACKGROUND: The Knox Drive Sewer Replacement Project replaced a temporary sewer near Knox Drive by constructing a new sewer from Silverwood Drive to Revere Road in Lafayette. The project included the installation of approximately 330 feet of 8-inch pipe by directional drilling, construction of three manholes, rerouting four existing sewer laterals, removal of an existing manhole and a temporary sewer, and the abandonment of an existing rodding inlet and approximately 80 feet of existing 8-inch pipe. The location of the project is shown on Attachment 1. Additional information on the project is given on Page CS-68 of the 1995-96 Capital Improvement Budget. The Contractor, Underground Construction Company, Inc., commenced work on April 24, 1995. All contract work was essentially completed on July 27, 1995. The project was accepted by the Board of Directors on August 1 7, 1995. The Project close out was delayed due to a Contractor claim for differing site conditions and a claim from a property owner for alleged violation of easement agreement. The claims were resolved by payments of $45,000 and $6,000, respectively. Underground Construction Company's original construction contract was for $56,300. There were two change orders issued on the project for additional work and for settlement of the claim. The total amount for the change orders was $53,448. The total contract amount paid to Underground Construction Company, Inc. was $109,748. The original authorized budget for the project was $227,000. The final project cost is $273,000, which is $46,000 over budget. This amount exceeds the General Manager-Chief Engineer's 15 percent authorization limit; therefore, Board authorization is required. RECOMMENDATION: Authorize the General Manager-Chief Engineer to allocate $46,000 from the Collection System Program Contingency Account and close out the project. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. rJrJY ROGER J. DOLAN ~ 1302A.7/91 CAC HT JSM RAB ~. ( >- W -1 -1 <( > >- 0.. 0.. <( I 0:- W Q Q :::> Arobis Or El - I I . ....... PROJECT AREA ORINDA I \0(0 f?(f LAFAYETTE "'" ~ N l , ....... ....... 0 4 8 ....... -.. .- . R HEEtw ....... FEET ....... . ....... BLvD . ..... Overhi/l Central Contra Costa Sanitary District ATTACHMENT KNOX DRIVE SEWER REPLACEMENT DP 4602 1