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Home My WebLink AboutAGENDA BACKUP 03-18-93 ~ Central ~~~~~ g~~~R~~~g-~~ ..listrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF March 18, 1993 NO. 3. CONSENT CALENDAR 1. SUBJECT DATE March 9, 1993 QUITCLAIM SEWER EASEMENT TO THOMAS c. O'HIGGINS, EX UX, JOB NO. 4119, ORINDA AREA TYPf:.QF ACTIOr:i, At"PROVt:: QUITCLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall, Associate Engineer ISSUE: Mr. and Mrs. O'Higgins, owners of Lot 1 0 of Subdivision 5649, have requested the District to quitclaim the subject easement. BACKGROUND: The subject easement was granted at no cost to the District for a future sewer main in 1986 shortly after the subdivision map was filed. Subsequently, the sewer was redesigned and a new sewer easement was created. The public sewers have been constructed in the replacement sewer easement. Therefore, the easement on the O'Higgins' property, Lot 10, is no longer required and can be quitclaimed. The property owner has paid the District's processing fee. This project has been evaluated by staff and determined to be 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. RECOMMENDATION: Approve Quitclaim Deed to Thomas C. O'Higgins, et ux, Job No. 4119, 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. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. 1302A-9/85 JOt( DH RAB 5649 \J\S\ON SUf:,.J\ "- J v '-'= /.. r-, ,,-_ It I ',,,-..- LOT 8 \ ~ ""-0'-..- REPLACEMENT \ \9j//<5.7'/"II::;', "....co EASEMENT ~ \ LOT 10 '2; ",<:. ~\ .,(ffr, " ,,\ ~/' ,,"- -' A!~/':. ""- \ ,f.''' "'\ ;,,4fP" UITCLAIM '\ .'. Q ASEMENT \ \ E" '\ "I Q i'/J ::J LOT 9 NEW SEWER MAIN " " PAl'tZt ;4 'pARtCL "8~ ~..t'''cL '17" MRCct 21" 1 QUITCLAIM EASEMENT JOB 4119 ORNIDA AREA L- I ~ Central :ontra Oosta Sanitary Jistrict h{d~~]h BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF March 18, 1993 NO 3. CONSENT CALENDAR m. SUBJECT DATE APPROVE SEWER EASEMENT AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT, JOB NO. 4782, PLEASANT HILL AREA March 8 1 993 TYPE OF ACTION APPROVE AGREEMENT SUBMITTED BY INITIA TING DEPT.lDIV. Thomas Cheng, Assistant Engineer Engineering Dept./lnfrastructure Div. ISSUE: Easements which are granted by other public agencies require specific approval by the Board of Directors. BACKGROUND: In connection with Caltrans 1-680 widening, this District must realign the existing sanitary sewer crossing EBMUD's aqueduct in North Main Street in Pleasant Hill which is a part of the District's 1-680/SR-24 Sewer Relocations, Phase III Project. A 15-foot wide replacement easement, contained in an easement agreement, for the realigned 30-inch diameter sewer has been executed by EBMUD and is being offered to this District in exchange for quitclaiming of the original sanitary sewer easement. The quitclaiming of the original 10-foot wide easement is being submitted to the Board for approval under a separate position paper. The replacement easement is shown on the attached map, Exhibit A. In accordance with the California Environmental Quality Act (CECA), a Notice of Exemption for the 1-680/SR-24 Sewer Relocations, Phase III Project was filed with the Contra Costa County Clerk on February 25, 1993. RECOMMENDATION: Approve Easement Agreement with EBMUD, Job No. 4782, and authorize the President of the District Board of Directors and the Secretary of the District to execute said Easement Agreement, and authorize the Easement Agreement to be recorded. ~cc t(? INITIA T1NG DEPT./DIV 11D2A-9 85 TCC TJP JSM RAB Orinda LOCATION MAP G) QUITCLAIMED 10' WIDE , ,~EWER EASEMENT - - - - - - - f -"', - - - - - - - - - - - - --- -- , '" Central Contra Costa Sanitary District G ~ I~ 10 :~ I " f---... - EXIST. N.:. ~IN ST. - .... \ I I I I I I I I I I I I I I I I I I I \ \ EXIST. 680 ON RAMP '.... - ...-- PROPOSED N. MAIN ST. CONTRA COSTA BLVD ... I Grant of Sewer Easement Job No. 4782 Pleasant Hill Area A Exhibit ~ Central ;ontra Oosta Sanitary Md~~]k BOARD OF DIRECTORS istrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF March 18, 1993 NO. 3. CONSENT CALENDAR n. SUBJECT DATE QUITCLAIM SEWER EASEMENT TO EBMUD, JOB NO. 1536, PLEASANT HILL AREA March 9 1 993 TYPE OF ACTION APPROVE QUITCLAIM SUBMITTED BY INITIATING DEPT.lDIV. Thomas Cheng, Assistant Engineer Engineering Dept./lnfrastructure Div. ISSUE: East Bay Municipal Utility District (EBMUD) has requested the District to quitclaim the subject easement in' exchange for a new easement across property which. EBMUD owns in North Main Street, Pleasant Hill. BACKGROUND: The subject easement was granted to the District by EBMUD on June 8, 1956. In connection with Caltrans 1-680 widening, this District must realign the existing sanitary sewer crossing EBMUD's aqueduct in North Main Street in Pleasant Hill which is a part of the District's 1-680/SR-24 Sewer Relocations, Phase III Project. A replacement 15-foot wide easement for the realigned 30-inch diameter sewer is being submitted to the Board for approval under a separate position paper. The original 10-foot wide easement is no longer needed and may now be quitclaimed. The original easement is shown on the attched map, Exhibit A. In accordance with the California Environmental Quality Act (CEQA) a Notice of Exemption for the 1-680/SR-24 Sewer Relocations, Phase III Project was filed with the Contra Costa County Clerk on February 25, 1993. RECOMMENDATION: Approve Quitclaim Deed to EBMUD, Job No. 1536, and 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. REVIEWED AND RECOMMENDED FOR:e: ~~D ACTION TCC TJP JSM RAB -rc-c INITIA TING DEPT.lDIV 1102A-9 85 "-----'-'-..- '"--,._~-,,_._."---_._,,~-_.._,-~..,".__._,._-,-,-"._~-,.---~_."-,_._.,.__._.__._---~-_._-_..__.>~._,-'- ..-......."-.-.--.--.-.....---....-.-...-..---.------.-_.-,--~_._-_...-_..~--,...__.._----'~_..." ~-""'---"--"'-~------"--- Orinda G /''"'' ''"'' , f/iMUD ~", ....,--, PROPERTY '"" PROPOSED "~ ' 30' 55 ''"'' PROPOSED '""',"" '..... 15' WIDE SEWER ' ......, EASEMENT '"" '"", '"", '"" G) o < 10 a: 10 1>- Jg I / , f -- - ExiST. _ N.:. ~~\ 51 I I I I I J I J I I I I I I I I I I , \ \ EXIST. 680 ON RAMP , - .... .' ' -.' ---i _ _ __ u _ _ - _ - -~~~~-~';: - - - - - ~~~-_~- -- EXIST. N. MAIN ST. - - - '" - - - - ':::.: - - -;..:;- it>.~~ - - - - - -" _--i~U" _----- _ >-<.. ~~\s. ~ PROPOSED - -~ - - _ -:" N. MAIN ST. PROPOSED N. MAIN ST. " Central Contra Costa Sanitary District Quitclaim of Sewer Easement Job No. 1536 Pleasant Hill Area '-- CONTRA COSTA BLVD ,- I Exhibit A ~ Central ~g~~~ g~~~R~~~ba~~ Jistricl PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF March 1 , 1 NO. 3. CONSENT CALENDAR o. DATE March 9, 1993 SUBJECT AUTHORIZATION FOR P.A. 93-3 (WALNUT CREEK) AND P.A. 93-4 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY Dennis Hall, Associate Engineer INITIATING QI:PT./DIV . . . ~nglneering Dept.llnfrastructure DIVIsion Parcel Area Owner/Address Remarks Lead No. Parcel No. & Acreage Agency 93-3 Walnut Creek Haist Corporation Property owner will Walnut (50B7) P.O. Box 33 build three single Creek Orinda CA 94563 family residences on 139-080-010 (1.48 Ac.) site. Categorical exemption by city of Walnut Creek. CEQA Section 1 5061 (B) Danville Ernest P. Graham Property owner has CCCSD 93-4 (78D5) 125 Railroad Ave. #202 built one single Danville CA 94526 family house and 196-042-008 (1. 1 Ac.) must connect to the public sewer. Project is exempt from CECA. RECOMMENDATION: Authorize P.A. 93-3 and P.A. 93-4 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 /' l~ [ \',- DH RAB INITIA TING DEPT./DIV. ~~ 1:1 ~130-l-~ \-\'i \~~\\~'l"f'-Y-~ ~~~~7.,\~..\-1 I .\.'~':;:~~il~ /0';S "-"YJ:J.I' ...~. ~~ ~4t1 <.~ =, ~'1" ~ n~ ~\ '!.. ";-;;"-1 1"" 'y.:\ V'''\;. "'I',,'(,;j ~ <7<>J ~/F- . ~H;; .Qi.~. '. "5___/0 ~I-:.V ~:J~!:3 0 ~:-i ~~" Jl; 1~h.fT~.7 -~~~ 11" '" \" \~ A ~r ~ ~lM .ot. .. '27/ E:II 0 .."..,.....' 0 ~~<'! ~'-C'~FE 0 0-......45 \ ~1 ,1T0h- h/ .0 0 \ 'Yf'\'\fiO.. 28 Ij'Cfil'S "'~ .:. /1 ' 125 0" , ---. '" j ~:...... till R\..S ~j.. ~. . , \ .. r.~~ 2S . . \~~ . ...t;;~ 'I" 4 ..~ or 1. .. .2~. 8 ,',.; . ~ ,_ /'2<\ I 20 L. \& ~ ':\.. ~.~ ..<..... Z " t~.:. 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VALLEY 74 73 C H IGHT O~ PROPOSED ANNEXATION 93-4 ~ Central Contra Costa Sanitary District , BOARD OF DIRECTORS POSITION PAPER BOARD MEETI~~;ch 18, 1993 PAGE OF 3 NO. 3. CONSENT CALENDAR p. SUBJECT ADOPT RESOLUTION APPROVING THE PURCHASE OF PARCEL 10254-01-01, APPROXIMATELY 2,702 SQUARE FEET, CITY OF ORINDA, DISTRICT PROJECT 4898 DATE March 12, 1993 TYPE OF ACTION ADOPT RESOLUTION SUBMITTED BY INITIATING DEPT.IDIV. Ad m i nistrative/Purchasi ng ISSUE: The District's Board of Directors' adoption of a resolution is required for the purchase of real property by the District. BACKGROUND: In 1989, Caltrans indicated to the District that it would be starting its process of decertifying a 2,702 square foot piece of property that lies adjacent to the District's Orinda Crossroads Pump Station (see Attachment I). When Caltrans completed the real property release procedure it would be available for purchase. The District staff has kept in contact with Caltrans during this lengthy process, indicating that the District was interested in acquiring this parcel. On March 3, 1993, the District received Caltrans' "Option to Purchase" offer, wherein Caltrans will sell the 2,702 square foot parcel to the District for $1,000 and applicable recording/escrow fees. There are two District force mains from the Orinda Crossroads Pump Station that pass through this parcel. By the District owning this property, it will make it easier to protect and maintain these force mains. Furthermore, the existing pump station site is narrow and limited. The purchase of this parcel will give the District an additional space option if the need arises to add emergency power facilities or additional environmental controls to the pump station. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 5.2(b)(3) since it can be seen with certainty that there is no possibility that the acquisition will have a significant effect on the environment. The Board's approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. A Notice of Exemption will be filed with the County Clerk. Further appropriate environmental analysis will be conducted if, in the future, the District considers using the property for other currently undetermined purposes. RECOMMENDATION: Approve the purchase of State-owned Parcel 10254-01-01 from the State of California, Department of Transportation, in the amount of $1,000, adopt the attached Resolution, and authorize District staff to execute all appropriate documents. INITIA:;~/ /1/CT REVIEWED AND RECOMMENDED FOR BOARD ACTION R 7~ENG _ ROGER J. DOLAN 1302A-7/91 KFL PM ---_._'---,._--_._-~,--"'-------,~,------,-----.""---~-_..._._._.._,.__.."_._-----,.~_._-----_..._._.,._"--,--_...".,._--_.._-_.*--~--_._-~---- RESOLUTION NO. 93- A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY BETWEEN THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE STATE OF CALIFORNIA BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, this District hereby consents to the execution of the Option to Purchase and all applicable legal documents for State's Parcel No.1 0254-01-01, between the Central Contra Costa Sanitary District and the State of California, Department of Transportation; THAT, the District is hereby authorized and directed to execute the Option to Purchase and all required escrow documents; THAT, the President and Secretary of the District are hereby authorized and directed to accept the Grant Deed for and on behalf of the Central Contra Costa Sanitary District; and THAT, the District staff is authorized and directed to record said Grant Deed. PASSED AND ADOPTED this 18th day of March, 1993, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel "0 0 ,- (\.I 0 . t Z 0 <;to C\J 0 W <n II Z . Z ~ I I = ~ w - ... 0 ~ ,- CO-a:: 0 - >- a: 0 ... ~< 00 0 Wo ~ Zl-zQ. W..J :.. a:lI:w(f.l en I r-< ctJ OOOZ "'d" <0 ... LL.Q.. < < ''''It" .. o (/) . r<') III :J~Oa:1- 0: LO . ~ -.J <<zI-9 0 (\J a.. N olI:u;u.a: lJJ u. I- ::l o. I- 0 o .0 ~!!? ..... <t W ~ wg;:I:ZO () ,- a.: I- <w 0 ~ 0 >.0: "" I-ZZ~ W (/)u;<a: I >m '1- ::l < 0: 0 m CD Q. .00 U CV w - 0 0 0 a:~O U oU E' .::> 0 0 ~ 0 C'l .... ~~ t- 8 w w co J.."r' u.. . ~ z ra"r' w .{ v 4t ..J <( 0)& () 0 Vcf C/) 0 o""Jtv ~ I-f \) I- "- Z w :::E :J: U e:( 0 l- I- e:( e:( Cl Z I-f 0.. O:::::E or- O~ 0.. Z 0 V) 0 - V) I-f I 1-01- or- Ue:(e:( oq: I-f 0 I- a 0:: 0:: V) I- V) Cl I V) V) I-f 0 <: ~ Cl 0:: LO U ....... C\I a: 0 0 0 ~ or- ~ 0 IJ.. I Cl 0 Cl ~ 'tl ...... c: ctJ ....... - (.) ~ ctJ 0 ::. O'X91-~ t PAGE 1 OF 1 BOARD MEETING OF March 18, 1993 NO. 3. CONSENT CALENDAR q. SUBJECT AUTHORIZE THE ATTENDANCE OF LYNNE PUTNAM, SENIOR ENGINEER, AT THE MAY 23-26,1993 WEF SPECIALTY CONFERENCE IN WHIPPANY, NEW JERSEY, AT A COST OF $950 DATE March 1 2 1993 TYPE OF ACTION AUTHORIZE ATTENDANCE SUBMITTED BY INITIATING DEPT./OIV. David R. Williams, Planning Division Manager Engineering Department/Planning Division ISSUE: Approval by the Board of Directors is required for unbudgeted travel outside of California and/or if the expense will exceed $500. BACKGROUND: Lynne Putnam, Senior Engineer, is responsible for Treatment Plant Planning Projects including the Disinfection Facilities Plan and the UV Pilot Study. Lynne has written a paper entitled, "Pilot Testing UV Disinfection on Secondary Effluent at CCCSD." This paper has been accepted for presentation at the Water Environment Federation (WEF) Disinfection Specialty Conference to be held in Whippany, New Jersey, May 23-26, 1993. The chair of the Specialty Conference has granted Lynne a complimentary registration which will save the District $350. Attendance at the conference will allow District staff to exchange current technical information regarding ultraviolet disinfection with disinfection experts from other parts of the country. Funds are available in the Disinfection Facilities Improvements budget to cover the remaining costs of this conference. RECOMMENDATION: Authorize the attendance of Lynne Putnam, Senior Engineer for the Planning Division, at the May 23-26, 1993 WEF Specialty Conference in Whippany, New Jersey, at a cost of $950. REVIEWED AND RECOMMENDED FOR BOARD ACTION AlE: ROGER J. DOLAN INITIATING DEPT./DIV. j)AJ Mf3 1302A-7/91 DRW RAB _._._--_._---'"-->--,--_._---~--~-------~-,._.._-_..._..._--+.__.~---------'.~~---_.__._._-------"-~. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF NO. March 18, 1993 3. CONSENT CALENDAR r. SUBJECT REPORT SETTLEMENT OF CHRISTOPHER BOCCARD/ ALLSTATE INSURANCE CLAIM FOR DAMAGES DATE March 9 1 993 TYPE OF ACTION INFORMATION SUBMITTED BY INITIATING DEPT./DIV. Bonnie Allen, Risk Manager Administrative/Risk Management ISSUE: District policy requires that claim settlements between $5,000 and $10,000 are approved by the General Manager-Chief Engineer and reported to the Board of Directors as an information item. BACKGROUND: On September 29, 1992, a District driver of a water tank truck misjudged a left turn causing the trailer's rear wheels to cross the center line damaging the BMW stopped at the signal light. The total claim settlement was $5,395.97 consisting of repair costs to Christopher Boccard's 1992 BMW of $4,650.81, and replacement car rental of $745.16 while his vehicle was being repaired. The District Risk Management Committee approved settlement of the claim. RECOMMENDATION: Accept informational report on settlement of Christopher Boccard/Allstate Insurance claim for damages. No further action is necessary. INITIATING DEPT.lDIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION . ...J. ~ .~'.' , Centra~ Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 11 POSITION PAPER BOARD MEETING OF March 18, 1993 NO. 5. BIDS AND AWARDS a. SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO D' ARCY & HARTY FOR THE NO DIG UPSIZING PROJECT, DISTRICT PROJECT NO. 9558 DATE March 12, 1 993 TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT./DIV. Tom Godsey, Assistant Engineer Collection System Operations ISSUE: On February 17, 1993, sealed proposals were received and opened for the construction of the No Dig Upsizing Project, District Project No. 9558. The Board of Directors must authorize award of contract or reject bids within 50 days of the opening of bids. BACKGROUND: Collection System Operations Department (CSOD) has implemented a comprehensive, multi-year program for the systematic replacement or renovation of small diameter sewers in order to minimize the number of overflows, to limit the Quantity of rainfall entering the collection system, to control future maintenance costs, and to improve the level of service provided to the residents/ratepayers. This project contains approximately 7,460 feet of 8-inch sewers, 340 feet of 12-inch sewers, 55 feet of 8-inch creek crossing sewer pipes, and 3 new manholes. Also, lower laterals will be replaced to near the easement edge or property line and they will be fitted with an overflow protection device. There are 16 different project locations that are shown in Attachment 1. Plans and specifications for the project were completed by CSOD staff, and this project was advertised on January 25 and February 5, 1993. Six bids ranging from $673,380 to $1,376,628 were received on February 17, 1993. A summary of bids is shown in Attachment 2. The CSOD conducted a technical and commercial evaluation of the bids, and concluded that the lowest responsible bidder is D' Arcy & Harty, for the bid amount of $673,380. The engineers estimate is $950,000. Miller Pipeline Corporation has submitted a letter of protest (Attachment 3). Staff has reviewed the letter and found it to be without merit. Staff has invited Miller Pipeline Corporation to address the Board regarding their concerns (Attachment 4). The No Dig Upsizing Project is included in the 1992-93 CIB on pages CS-57 through 59. A post bid/preconstruction cost estimate is shown in Attachment 5. The total project cost is anticipated to be $1,002,000. An allocation of $ 924,000 from the Collection System Program is needed to complete the project. The current balance of the Sewer Construction Fund, minus unspent prior allocations plus projected dependable revenue, will be adequate to fund this project. A funding summary is presented in Attachment 6. REVIEWED AND RECOMMENDED FOR BOARD ACTION TG BTT JAL INITIATING DEPT./DIV. :AI BTT rJh 1302A.9/85 SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO D' ARCY & HARTY FOR THE NO DIG UPSIZING PROJECT, DISTRICT PROJECT NO. 9558 POSITION PAPER PAGE 2 OF 11 D"i\narch 12, 1993 Staff has determined that this action is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2, since it involves repairs to existing sewage facilities with negligible or no expansion of use. The Board of Directors' approval of this action will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize award of the contract to 0' Arcy & Harty, the lowest responsible bidder, in the amount of $673,380 for construction of the No Dig Upsizing Project, District Project No. 9558. 13028-9/85 " '.:i 'f :, ATTACHMENT 1 Page 3 of 11 //-.~ ( LL ' \ I "- ~ ~-<,'..'-- ,-........ '1"_1 (~r-- - , >0.' vUi~"--'Ur\L) 1'--:::: C/ -- Oy~ ( " 0" /. - ,- ./ '," '{~/ -.' o EJ-----, ' ?~~ , '0/ --:,-~ '0 ./ . ,-,/ \.... /"---' ,'~ /"'---------~ ' " ~~~) '\.. '.0/' ,,--..:. MORAGA &. " u..;/ ~:::'C' -<0, \ ,/ 1 \ Iv , OrtA \ \. I C' \0 , \t'" \'c ,(~ ,j ~ ,,_'V: WALNUT LREIEK s t '~ < V One ---; a/IF'" \ - v D ..~ - /\i'"] J--.- , . -1~'~ :-- \....' - '-<_. I -, ' ('\ '\ I I i,_ . ~r .V\ I "\ AREA MAP ~ o , / / ~ __._..,u___ L \ c': f, I [' -,"--" ,'--:-- f J I~ i_ PROJEC, I ( 1 : , OAKLAND ~'~~ ~..~~. '. \\~ :' l/r\_l-;J ,-' . PROJECT LOCATIONS " , t') \ ''\. \ I \ "" "'-., /~ \0- NO Dl~ UPSIZING DP X955B 1 Centrol Contro Costo Soni,tory District' . -"'.. ~,...;" ,'f-.' ATTACHMENT 2 Central Contra Costa Sanitary SUMMARY OF BIDS Page 4 of 11 District PROJECT NO. LOCATION 9558 NO DIG UPSIZING DATE ---1 .17-93 ENGR.EST. $-.95n,nnn Through out Contra Costa - LAF,Wc',DAN,MTZ,ORT,DTA,PH No. BIDDER BID PRICE (Name, telephone & address) 1 D'arcy & Harty 415-586-4000 $673,380 425 Monterev St. . San Francisco CA 2 Delta Excavating, Inc 510-634-9600 $ 796,958 PO Box 1179, Brentwood, CA 3 Jardin Pipeline, Inc 510-782-3781 $ 905,604 PO Box 20817 Castro Vrlllpv CA 4 BRH Garver, Inc 713-921-2929 $ 1 ;089 ,772 5102 Lawndale St.. Houston. TX 5 Mountain Cascade, Inc. 510-373-8370 $ 1,131,916 c;c;c; . r.. T ~ r^ , 6 Miller Pipeline, Inc. $ 1,376,628.56 Hunters Point Shinvard #214 Box 104 San Francisco CA $ ..- $ $ $ $ $ $ $ $ $ $ B IDS OPENED BY Kffl Laverty DATE .;( - /7- q3 SHEET NO. -1- OF -L- Attaclmmt 3 Page 5 of 11 Miller Pipeline Corp. Products and Services Division 8850 CRAWFORDSVILLE RD. P.O. BOX 34141 1F<<li;,I8r~U\YI~[Q' INDIANAPOLIS, INDIANA 46234 FES 2 -; 1993 TELEPHONE: (317) 293-0278 CC('~ FAX: (317) 293-8502 February 19, 1993 Board of Directors John B. Clausen, President Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: Protest Letter - To Be Placed Into Public Record No-Dig Upsizing - District Project No. X9558 (Central Contra _Costa sanitary District) Gentlemen: The purpose of this letter is to voice protest to unfair advantage given to resident contractors offering yet unproven no- dig technologies as a response to the above referenced bid. It is evident that the District is seeking new technologies that minimize environmental impact, certainly a proper attitude that should be commended and encouraged. However, these techniques are still new and have yet to become prevalent to the point skilled people and equipment are stationed strategically across the~S.~herefore, mobilization is a significant consideration. 1. I realize mobilization costs would not normally be of consequence in a fairness evaluation, but in this bid it should be as the District specified a test project for all bidders even though XPANDIT, and perhaps others, had already been through the evaluation process, paid that price once, and went on to accomplish several thousand feet of work under contract. Now we are being required to pay the price once more only this time we must compete in a bid situation against a local contractor offering an untried and unproven no-dig method against the XPANDIT's tried and proven method, thus inflating our bid by $30,000.00 plus dollars. 2. Contract specification may not be enforced. If this statement were true, then this document could be considered rigged in favor of local contractors or contractors that work with Central Contra Costa Sanitary District or contractors that did not attend the pre-bid meeting and know or think that the bid document is not literal and that specifications are negotiable or not enforced or that extra pay can be made available over and \ - Page 6 of 11 Board of Directors Central Contra Costa Sanitary District February 19, 1993 Page 2 above the bid price if the contractor claims ignorance in regard to project specific information that would have been know if a proper project evaluation had been made 9r the bidder had attended the pre-bid meeting. Some items that a low bid contractor that did not attend the pre-bid meeting might attempt to use to claim extra payor obtain contract completion time extension without paying the liquidation damages (SC-7 $750.00 per day) . The contractor might say and we would expect Central Contra Costa Sanitary District to respond as follows: A. I did not know that work was limited to four active work sites at a time (IF-3). B. I did not know work hours are restricted to 9:00 am to 4:00 pm - five days per week (CG-43) or that I could not launch pipe if the reach could not be completed by 4:00 pm and no guarantee of any exception to this rule was made by C.C.C.S.D. (IF-3) . These two reauirements alone added 46 workinq days beyond the 180 calendar day limit set (SC-4) and also added $115.000.00 to the proiect cost. Unless the contract document is not enforced or is neqotiated by a claim of iqnorance all bids should reflect this reauirement and 1F-3 should be enforced without additional consideration. - .....c.. ...I- did not know that this proj ect had cast iron pipe in it. My equipment cannot break cast iron (very fast or at all). I need more money and time (Volume 1, Section 10-DP#9558, Part 111-17). Our evaluation of the documents and sites indicate that this proiect has a siqnificant amount of cast iron pipe to be burst and upsized. We reflect this in our pricinq and expect that all bidders had the same opportunity and responsibility to attend the pre-bid meetinq. evaluate and discover this information. Therefore. no extra compensation to any bidder is justified. D. I did not know it was my responsibility to locate and verify active laterals. Therefore, I need more money and time or C.C.C.S.D. should do it (1A-14). This is a siqnificant cost time identified and included in our bid. No extra payor assistance by the utility should be considered. E. I did not know we had to internally debead the pipe. We need more time and money to do this or C.C.C.S.D. could violate their agreement not to disclose Miller's proprietary method for accomplishing this task and help. (151600 Plastic Pipe, Page 15- 1.. ,~ Page 7 of 11 Board of Directors Central Contra Costa Sanitary District February 19, 1993 Page 3 7. Volume 2). Miller can do this and our bid reflects this task. Therefore, no extra payor assistance by the utility should be considered. F. I did not know that I had to obtain and pay for permits and city inspection. Therefore, I need more money or C.C.C.S.D. should do it for me at no cost (IF-9). Miller's bid reflects accomplishment of this task; therefore. no extra pavor assistance bv C.C.C.S.D. should be considered. Protest Summary Miller Pipeline Corporation is a responsible company with a history of submitting responsive and competitive bids. When we were made aware of the significant spread of bid responses to the bid request for Project No. X9558, we were dismayed and could not understand how we and others could be so far away from the lower responsive bidders. Upon investigation, we found that bidders that work for C.C.C.S.D. on a more frequent basis or did not attend the pre-bid meeting had a proportionately lower bid (relatively) and, conversely those that do not work for C.C.C.S.D. often and did attend the pre-bid meeting tend to have submitted higher bids. Upon further investigation, we were told that C.C.C.S.D. bid specifications were not to be taken literally and could be negotiated after award at least in some of the areas set forth above. If this is true, it gives the familiar contractors a def~te-advantage over the contractor that does not work for C.C.C.S.~. often. It would be easy to look at or audit a few contracts to see if any of them allowed any exception to specifications related to the examples given in this protest letter. If our concerns are unwarranted, and contract performance is consistently within the time allocated by the contract document, projects are completed consistently for the amount bid (without extra payment), and all other specifications are held firm, then we withdraw our protest. If you find substance to our expressed concerns, then we ask that enforcement of contract documents be upheld as bid or the option to negotiate specifications and price after award should be made known to all potential bidders before bids are submitted. I also believe mandatory pre-bid meetings help ensure that bidders are informed and bids are responsive to specifications. In this instance, all bids should be negated. Page 8 of 11 Board of Directors Central Contra Costa Sanitary District February 19, 1993 Page 4 We value Central Contra Costa sanitary District as a customer and will continue to look for opportunities to work with you. In testimony of this fact, we invested more than 220 man hours and over $12,000.00 to prepare this bid, not to mention the man hours our potential subcontractors invested at our request. Thank you for your attention to this matter. Respectfully yours, #~^ Henry E. Topf, ~. Vice President of Operations HET:elb cc: Roger J. Dolan John Larson ./ M.C. Jardim, Inc. Jim Nicholson Collins Orton -...- Attaclmmt 4 Page 9 of 11 Central Contra Costa Sanitary District fo'1(I)IIi:il"BCJ:illt_ _it:);_"'1(I)~Jm&.Mr1:1 IW(;/oRJ I}(if.l\ (;(,IJ('ral.\JalJ()(j,'/ ('hiefFnuillc\'1 I\E:\TO'\ L ,,11.,'/ Cuunsel for the Distric! (.110) ,4.'18-],1::0 March 10, 1993 JOl'CE E, NIIIPIIl' Secrelw:lf o( Ihe nisl/iel Mr. Henry E. Topf, Jr. Vice President of Operations Miller Pipeline Corporation 8850 Crawfordsville Rd. P.O. Box 34141 Indianapolis, Indiana 46234 - -.- Dear Mr. Topf: The Central Contra Costa Sanitary District has received your letter dated February 19, 1993 regarding the bid results of the No Dig Upsizing project (District Project No. 9558). The Board of Directors is scheduled to award the construction contract for this project at its meeting on March 18, 1993 at 3:00 p.m. You are invited to address your concerns in person at that time, should you so desire. Sincerely, I .-1 Joh' CoB 'I:. ,~/ JAL:sm rson, Manager on System Operations Department cc: B. Than File: DP 9558 c: \prog r ams\d p95 58\bid restt, btt Iii!+. Recvcled Parer cso Page 10 of 11 ATTACHMENT 5 NO DIG UPSIZING PROJECT DISTRICT PROJECT NO. 9558 POST-BID PRECONSTRUCTION COST ESTIMATE ITEM DESCRIPTION TOTAL % OF CONSTRUCTION . COSTS 1 Construction Contract $673,380 2 Contingency (at 15%) $101,620 Subtotal $775,000 100.0 3 Force Account M anagement/ Administration $30,000 3.9 Inspection $70,000 9.0 Surveying $ 5,000 0.7 Engineering $ 5,000 0.7 Legal $ 5,000 0.7 As-Builts $ 2,000 0.3 Subtotal $117,000 15.1 4 Miscellaneous Permit/City Inspection $30,000 3.9 Testing $ 13,000 1.7 Community Relations $ 5,000 0.7 Subtotal $48,000 6.3 5 Prebid Expenditures $ 62,000 8.0 6 TOTAL PROJECT COST $1 ,002,000 129.3 7 Funds Previously Authorized $ 78,000 8 Allocation Funds Required to $ 924,000 Complete Project 6 ATTACHMENT PROJECT FUNDING SUMMARY FOR THE PERIOD Page 11 of 11 3/5/93-4/5/93 SEWER CONSTRUCTION FUND BALANCE AS OF 2/28/93 MINUS.UNSPENT PRIOR ALLOCATIONS PLUS DEPENDABLE REVENUE 66,132,509 (37,612,672) 5,672,118 34,191,955 +-------------+ 34,191,955 > I $ 924,000 I (ALLOCATION REQUIRED) +-------------+ ........ ~~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF March 18, 1993 NO. 5. BIDS AND AWARDS b. AUTHORIZE AWARD OF PURCHASE ORDER FOR FURNISHING ONE GAS TURBINE/GENERATOR TO SOLAR TURBINES, INCORPORATED DATE March 15, 1993 SUBJECT TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY David J. Reindl, Associate Engineer INITIATING DEPT.lDIV. Plant Operations Department ISSUE: On March 3, 1993, sealed bids for Bid Request No. B0243T/R1 for furnishing one gas turbine/generator and switchgear were received and publicly opened. The Board must award the contract to the lowest responsible bidder or reject all bids within 90 calendar days of the opening of bids. BACKGROUND: On November 10, 1992, the Board declared the bids non-responsive and rejected all bids to furnish one 3,300 kW gas turbine/generator and switchgear for the Cogeneration Project. Because both bidders conditioned their bids with qualifying language that substantially changed the project from the contract documents, District Counsel advised staff to revise the bid request and rebid the project. The Bid Request was revised, and mutually acceptable revisions were incorporated into the Commercial Terms and Conditions and a five-year Maintenance Agreement was added. On February 19 and 24, 1993, the Notice to Bidders was publicly advertised inviting sealed bids for furnishing the turbine generator and associated equipment. Two bids were received and publicly opened on March 3, 1993. Both Solar Turbines, Incorporated and U.S. Turbine rebid the project. A Tabulation of Bids is attached listing the Standard (Bid Item 1 A) and Alternate Turbine Control Package (Bid Item 1 B) for both bidders. Both bids contain minor technical variances intended to clarify their bid; however, both are considered commercially and technically responsive. The Alternate Control System (ModiCon programmable logic controller) is recommended because it is consistent and compatible with the Equipment Standards throughout the Treatment Plant. The delivered total bid amount of $2,113,841 from Solar Turbines, Incorporated is slightly above the Engineer's estimate of $2,085,000 and is the recommended equipment alternate. The low bid in November, 1992 was U.S. Turbine at $1,994,000. The five-year Maintenance Agreement in the amount of $150,000 per year was not included in the bid price. This agreement will be entered into prior to the expiration of the warranty period. An allocation of $2,200,000 from the Treatment Plant Program is needed at this time for the equipment purchase. The current balance of the Sewer Construction Fund, minus unspent prior allocations plus projected dependable revenue, will be adequate to fund this project. A funding summary is presented in Attachment B. The project is described on page TP-44 of the Fiscal Year 1992-93 Capital Improvement Budget. RECOMMENDATION: Authorize the award of the purchase order to Solar Turbines, Incorporated for $2,113,841 as the lowest reso lnsihl irlrlp.rb REVIEI ED AFJa (J~N ED FOR BOARD ACTION ATTACHMENT A Page 2 of 4 : - : N ~ ~ c::( 1.0 L.{) 0 1.0 ~ ~ u . L.{) (V') 0 L.{) ....... CT'l 0 0 CT'l C ~....... ~ . 0::: i= -0 - CT'l 0 L.{) <:::t ~ ~ (V') I-- (V') ....... ....... L.{) ~ CT'l (V') ....... N ....... N ::) tJj U I <:::t . ~ ~ " z v. ~ (V') N ~ ~ N ~ ~ W I 0 - as = Ci (V') co . . : 0::: c:::c W ~ :c ~ u I-- ........ g >< OJ ....... 0 OJ ....... ::s: I-- . L.{) 1.0 OJ (V') <:::t V) ....... 0 r--. 0 ....... OJ ~ 0::: .. Cl ~ - N L.{) OJ 0 (V') :z: ~ (V') I-- OJ OJ N ....... ....... c::( t CT'l (V') : ~ ~ 0 ....... I <:::t " 0::: :7 ~ (V') N ....... ~ N ~ 0 I 0 - - I-- :c (V') co c:::c 0::: w :z: w ~ . w :z: ........ co 0::: . :::> I-- zV) QC:::C ~ li:~ . 5 c: 0 en . I-- w V) 0 Cl i:: Cl .. - w . . .t. ~ :::>E :z: . :z: :z: ........... 0::: ~ N N d 0 c:::c c:::c u w c:::c ~ a: ill e :z: If g : C5 w 8 UJ UJ CL ~ ---l ---l 0::: o<:l o<:l !< a: ~ I- ..0 -< 0::: c:::c 0::: 0... ---l 0 :z: e ~ ~ a: ~ ~ ~ d -< ~ 0 ~ 0 w I-- c:::c co ~ ..: ~ I-- I-- :z: V) V) w ....... ....... ~ c:::c ~ >< c:::c 0 >< I-- ~ 0::: c:::c 0::: U c:::c ::E LL.. ........ V) V) w I-- w ........ I-- 0 0 V) ::E ::E ~ :z: ---l :z: Cl 0::: W W -0 W ;;:t &!? w 0 &!? LL.. W V) I-- I-- -0 ~ ~ Cl ~ ::E U - ........ ........ 'r- a: . --.: ~I ........ ........ ...oJv I-- c:::c I-- 6::: w 0::> co w OJ V) ---l U en cu ~ :z: 0::: :z: 0::: 0 0... ........ .. .. e ~ ........ ~ ~ w ........ c:::c ~ U 0::: ---l ---l r-- c:::l :z: I-- co w :z: 0::: I-- c:::c c:::c en ..Cl .... e - 0::: ~ ........ c:::c 0::: ~ ........ I-- 0 V) I-- I-- U. 'r- 3 :::> ~ Cl :z: :::> :c Cl :c ........ 0 0 0 III I-- :::> 0::: I-- U :::> ~ I-- Cl I-- I-- g I-- ---l W I-- ---l ........ :z: I I Z V) ........ U I-- V) ........ u w c:::c w c:::l c:::l 0 ~ c:::c :3: :z: ---l c:::c :3: :z: 0::: ---l :c :::> :::> !;t ~ ~ V) ........ c:::c ~ V) ........ LL.. 0... I-- V) V) .~ 0::: ~ -I ~ - ::) f ~ /'0 +l en w /'0 ---l ~ OJ co w ~ ..~ ::: ~ . ....... ....... ....... e 0 >- ; ~ aJ -1l e - UJ ~a i ~ t . . . UJ c:::c co . a: If ....... ....... N ~. J; ~ o CJ'> ........ N ATTACHMENT A (continued) Page 3 of 4 : . N ~ ~ L..LJ ~ Z - ~ ~ I-< . 0 0 i o:l 0'\ N " ~ 0:: ~ N ~ 0 ~ I- L{') L{') 2 : N 0 ..- :J ~ Iv . " Z 0 (V') ~ ~ w i I=" <Xl ~ - ~- . .' 0::: e::( L..LJ C!J (5 :c u L..LJ : ~ I- Z I-< I-< 0 <Xl ~ 3: co . L{') (V') V> Ie:: ~ - - Cl I~ 0 0 ~ Z 0 ~ e::( 0::: : 0 r--. e::( " 0::: .....J 0 N ~ 0 0 L{') -- l- V> - ~ L..LJ Z L..LJ C!J . L..LJ Z I-< co 0::: ~ I- z V> . Q e::( (V') . ..... C!J . (V') . 0- o<:l e::( co 5 - o<:l - en . w . L..LJ N ::E . ::E 0 U L..LJ N L..LJ ~ ~ 2 :z: . Z ::E " l- I- ei 0 e::( 0::: e::( I-< co I-< a: ffi :z: ~ 3 - a: w . Z L..LJ - - w 8 w a.. ~ < a: ~ 0- eD '" L..LJ I- Z Z :z: 0 ~ g a: ffi ~ ~ ei ... ~ l- V> 0 V> 0 2 ..: ~ Z I- ::E ::E ~ I-< Z L..LJ >< L..LJ >< e::( L..LJ l- e::( l- e::( ::E ::E I-< l- I-< I- ,...: L..LJ l..1... L..LJ l..1... &S?- l..1... &S?- O U 0::: 0 0 . ::E C!J ~I<t ~l<l en I- ::5 e::( L..LJ <Xl L..LJ <Xl V> ~ ~ e ~ 0 0::: .....J C!J .....J C!J u l- e::( e::( Z e::( Z CD 0 - U L..LJ > I-< > I-< U. >- e::( >- Cl Cl 0 .....J 0::: .....J ~ .....J ~ 0::: I- L..LJ e::( .....J e::( .....J Z ~ z > I- U I- u ~ 0 L..LJ 0 I-< 0 Z 0 Z ~ >- U l..1... l- I-< l- I-< ~ ~ r:.; ....I ::>> ~ to CD L..LJ \ ~ .. ~ . - 0 rD ffi :z: filt- ~ i ~ ~ t . . . w e::( co a: a: If (V') o:::t o:::t lil' j; ~ o .0'\ ........ N Page 4 of 4 ATTACHMENT B PROJECT FUNDING SUMMARY FOR THE PERIOD 3/5/93-4/5/93 SEWER CONSTRUCTION FUND BALANCE AS OF 2/28/93 MINUS.UNSPENT PRIOR ALLOCATIONS PLUS DEPENDABLE REVENUE 66,132,509 (37,612,672) 5,672,118 ------------ 34,191,955 +-------------+ 34,191,955 >1 $2,200,000 1 (ALLOCATION REQUIRED) +-------------+ .. ~ Central ~~~~~ g~~fR~~~g'~~ District PAGE 1 OF 10 POSITION PAPER BOARD MEETING OF March 18, 1993 NO. 5. BIDS AND AWARDS c. DAiQiarch 9, 1993 SX~PWOVE RELIEF OF BID REQUEST FROM PRESTON PIPELINES, INC., AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO D. W. YOUNG CONSTRUCTION COMPANY, INC., FOR THE LEGION COURT SEWER REPLACEMENT PROJECT, D.P. 4910 TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY Curtis W. Swanson INITIATING DEPT./DIV. Engineering Department! Infr s ru ure Division ISSUE: On February 23, 1992, sealed bids for the construction of Legion Court Sewer Replacement Project, D.P. 4910, were opened. The Board of Directors must authorize award of the contract or reject bids within 50 days of the opening of bids. The Board of Directors must decide whether or not to grant a relief of bid request. BACKGROUND: The sewers in the vicinity of Legion Court, Acalanes Road, and Revere Road in Lafayette (see Attachment 1) are deteriorated and require a high level of maintenance. Overflows due to root intrusion and flat sewer slopes have occurred. Access for maintenance is difficult because some of the sewers are located in backyard easements with steep terrain. As part of this project, approximately 3,100 feet of new 8 and 1 O-inch sewer will be constructed in public and private roads. Approximately 2,700 feet of existing 6-inch sewers in backyard easements will be abandoned and approximately 1,500 feet of house laterals will be relocated to allow for abandonment of the existing deteriorated sewers. Plans and specifications were prepared jointly by District staff and Terry Haefner, P.E. The project was advertised for bids on January 26 and February 2, 1993. The engineer's pre-bid estimate for construction was $710,000. Eighteen bids ranging from $368,138 to $777,700 were received on February 23, 1993. A summary of bids is presented in Attachment 2. On February 26, 1993 by facsimile and March 1, 1993 by letter, the District received a request for relief of bid from the apparent low bidder Preston Pipelines, Inc., of Milpitas, California (Attachment 3). The request cites an arithmetic error in preparing their bid. Under California Public Contract Code (Section 5103), a bidder may request relief of bid within five days of bid opening in the event of a clerical or arithmetic error in preparing the bid proposal. The law is stringent with regard to relief from bids and allows relief to be granted by the awarding authority only under specific circumstances. Specifically, the law states that: "The bidder shall establish to the satisfaction of the court that: (a) A mistake was made. (b) He or she gave the public entity written notice within five days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. (c) The mistake made the bid materially different than he or she intended it to be. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 CWS RAB fCZ ENG, ROGER J. DOLAN SUBJECT APPROVE RELIEF OF BID REQUEST FROM PRESTON PIPELINES, INC., AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO D. W. YOUNG CONSTRUCTION COMPANY, INC., FOR THE LEGION COURT SEWER REPLACEMENT PROJECT, D.P. 4910 ................................................................................... ................................................................................... !!IIIIII'IIIIII~:IIIIII! PAGE DATE 2 OF 10 March 9, 1993 (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications." The arithmetic error claimed by Preston Pipelines is the omission of costs for paving, imported backfill, and other restoration of the trench section after sewer installation. According to Preston Pipeline's representatives, the error was made on the internal work sheets used to compile construction costs for transfer to the formal bid proposal form that was submitted to the District. Preston Pipelines was using a new computer spreadsheet program to prepare its bids. The computer program calculates the quantity of excavation and imported backfill, asphalt paving, and other miscellaneous restoration required. Unit costs and quantities are listed for materials, equipment, and labor based on which the program computes a total cost. Preston Pipelines alleges that due to a software error, the imported backfill, paving, and other restoration costs were not accurately compiled within the spreadsheet program. After reviewing the documentation used for preparation of the bid and discussions with Preston Pipelines' representatives, it appears to staff and District Counsel that Preston Pipelines' explanation of an arithmetic error is plausible and valid. As part of the technical and commercial evaluation of Preston Pipelines' bid, District staff determined that Preston Pipelines had failed to list a subcontractor for pressure grouting. When this was brought to Preston Pipelines' attention, representatives stated that this specific subcontractor had been inadvertently omitted in completing their bid. This is a further complication with the bid but will be eliminated if relief of bid is granted. The Engineering Department conducted a technical and commercial evaluation of the bids and concluded that, in the event that Preston Pipelines, Inc., is relieved of its bid, the second low bidder, D. W. Young Construction Co., Inc., is the lowest responsible bidder for the bid amount of $467,370. The Legion Court Sewer Replacement Project is included in the 1992-93 CIB on pages CS-25 and 26. A post bid/preconstruction cost estimate is presented in Attachment 4. An allocation of $736,200 from the Collection System Program is needed to complete the project. The current balance of the Sewer Construction Fund, minus unspent prior allocations plus projected dependable revenue, will be adequate to fund this project. A funding summary is presented in Attachment 5. District staff will administer the contract and provide inspection services. Resident engineering services will be provided by Montgomery Watson Consultants (formerly James M. Montgomery Engineers) based on satisfactory performance on other recent construction projects. 13028-7/91 SUBJECT APPROVE RELIEF OF BID REQUEST FROM PRESTON PIPELINES, INC., AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO D. W. YOUNG CONSTRUCTION COMPANY, INC., FOR THE LEGION COURT SEWER REPLACEMENT PROJECT, D.P. 4910 /11111111111111/:1/11111/: PAGE DATE 3 OF 10 March 9, 1993 Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEOA Guidelines Section 18.2, since it involves minor alterations to existing sewer facilities. The Board of Director's approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve the request for relief of bid from Preston Pipelines, Inc., and direct staff to return Preston Pipeline's bid bond. Authorize award of contract to D. W. Young Construction Company, Inc., the lowest responsible bidder, in the amount of $467,370 for the construction of the Legion Court Sewer Replacement Project, D.P. 4910. 13028-7/91 I , , E I Hidden 1 I ~ N ~ ORINDA c: Cll 1) Ii IS> cr .... " IS> C; .... " c- o o " Cll +' '- L 1) " (\J L III ~ " . . 1;"'-' I-:~ ~I::; -.I' .>- >-11- I-'U U;W <(.1- O'/- zlW 0:::'>- 0.<( I~ :-.1 . .....'"\ - PROJECT LOCATION Centrol Contro Casto Sanitary District " Nido ?--d Ran ch DIABLO Va II ey LA FA VETTE C\'Iopel Vo;, Dr01)t0 . . \ .- 1 . . Corte Rinaldo I b . ;:,. . 55 -..-..-..-..-..-.. "I -0 0::: o 200 400 I 600 800 FEET ATTACHMENT LEGION COURT SEWER PROJECT DISTRICT PROJECT 4910 1 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. X4910 LEGION COURT DATE 2/24/93 ENGR.EST. $710.000 LOCATION LAFAYETTE # BIDDER BID PRICE (Name, teleohone & address) 1 Preston Pipelines, Inc. $368,138 151 Bothelo Avenue, Milpitas CA 2 D. W. Young Construction Company, Inc. $467,370 140-A Town & Country Dr., Danville CA 94526 3 L. J. Krzich Pipeline Engineering Co., Inc. $470,056.03 326 Phelan Avenue, San Jose CA 95112 4 Hogue Construction $486,815 701 Arata Lane, Windsor CA 95492 5 McGuire & Hester $496,580 9009 Railroad Avenue, Oakland CA 94603 6 D. E. Bianchini, Inc. $497,324 P. o. Box 2204, San Ramon CA 94583 7 North Bay Construction $506,650 431 Payran Street, Petaluma CA 94953 8 Manual C. Jardim, Inc. $529,470 P. o. Box 677, Union City CA 94587 9 Andes Construction. Inc. ... $547,756 5305 E. 12th Street, Oakland CA 94610 10 P & M Pipelines (415) 759-7069 $549,325 2440 Taraval Street, San Francisco CA 94116 11 Mountain Cascade, Inc. $596,105 P. O. Box 50501 Livermore CA 94550 ."'in_ 12 R & E Construction $607,305 130IA Homestead Avenue, Walnut Creek CA 94598 13 Pacific Underground Construction, Inc. $609,955 1817 Stone Avenue, San Jose CA 95125 14 Harty Pipelines, Inc. $611,400 4085 19th Avenue, San Francisco CA 94132 15 Silva's Pipeline, Inc. $689,130 P. o. Box 751, Hayward CA 94543 BIDS OPENED BY /s/ Joyce E. Murohy DATE 2/23/93 SHEET NO. -1- OF -1- Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. LOCATION X4910 LAFAYETTE LEGION COURT DATE 2/24/93 ENGR.EST. $710.000 # BIDDER BID PRICE (Name, telephone & address) 16 J. Foster Excavating, Inc. $716,500 1020 Shannon Court, Livermore CA 94551 17 Jardin Pipeline, Inc. $731,862 P. O. Box 20817, Castro Valley, CA 94546 18 Palma General Engineering $777,700 1180 Horizon Drive, Ste. E, Fairfield CA 94533 BIDS OPENED BY /s/ Joyce E. Murohy DATE 2/23/93 SHEET NO. -Z- OF -Z- ."." ~_.._._.__ ,._ '__0 "~___,_,._,,,"'." ...~_..__u,,_,__,_"._..__._"______.._.____.__._.__,_._..__.__.__.,___,...~.__.._~"_,.,._..,_. _, ._.'" ,___"_",_",,,_,,_,_",,~,_,___'__'.. ,___._,_____"___,__~._'"'_..__"__~ ATTACHMENT 3 CARR, MCCLELLAN, INGERSOll, THOMPSON & HORN PR.OPESSlONAL COR.POllAnON ALBEllT J. HOllN DAVID C. CARR ARTHUR H. BllEDENBECK NOllMAN I. BOOK. JR. OUENTIN L. COOK I(OBERT A. NEB RIG MAlUON L. BROWN RlCHAllD C. BEllllA L MICHAEL TEllEEN LAGE E. ANDERSEN KEITH P. BARTEL MA1lK A. CASSANEGO LAURENCE M. MAY PAUL V. SIMPSON DAVID M. McKIM MICHAEL J. McQUAID PENELOP~ C. GtlEENBERG ROBERT W. PAYNE KRlSTI COlTON SPENCE MARK D. HUDAK ~AMES R. CODY OllDAN W. aEMENTS AUL A. AHERNE EDWAllD J. WIllIG III SARAH J. l>iBOlSE W. GE01lGE WAlLES llONALDF.GAllRITY CAllOL B. SCHWARTZ LAUllA E. INNES LORI A. LUTZKER ATTORNEYS AT LAW 216 PARK ROAD, POST OFFICE BOX 513 BURUNGAME. CAUFORNIA 94011-0513 TELEPHONE (415) 342-9600 FACSIbULE(415) 342-7685 February 26, 1993 STEVEN D. ANDERSON LINDA R. BECK JAMES F. BLOOD lCENNETH M. HURLEY JEllEMY W. KA. TZ JANETI'E G. LEONIDOU CAllOL L. MUSSMAN TERESE M. llADDIE USA H. STA.II'Elll MOIRA C. WALSH JOHN T. WAU'HlER 1>. KENT WESTERBERG A. ROBERT llOSIN SPECIAL COUNSEL SAN FllANClSCO OFFICE TWENTY. SECOND FLOOR ONE CALJllOllNIA STREET SAN FllANClSCO CALJllOllNlA 94111 TELEPHONE (415) 362-1400 fACSIMILE (415) 362-5149 VZA PACSZXZLB. CBRTZPZBD KAZL AND PZRST CLASS KAZL RECEIVED MAR 1 '993 Roger J. Dolan General Manager Central Contra Costa Sanitary District 4019 Imoff Place Martinez, CA 94533 cc:cso AC:.:Nl:ilIATION Re: Central Contra Costa Sanitary District Project Legion Court Sewer Renovation Project No 4910 Dear Mr. Dolan: Please be advised that this office represents Preston Pipeline, Inc. in connection with the above-referenced project. Preston hereby requests that it be relieved of its bid on the above-referenced project. Preston's bid contains two mathematical errors. Enclosed, please find copies of the bid sheets of Preston Pipeline. You can see that the items included under the title "Material Keyed to Pipe" were not properly added and included in the total lump sum price. Further evidence of the mathematical error is the substantial difference in the bid submitted by Preston and the others submitted. The unit costs generated by Preston were much lower than the correct costs due to the failure to add the amounts for all sub items into the unit price. This mistake was not a result of an error in judgment or of carelessness, but was a mathematical error. Preston Pipeline hereby asks that it be relieved of its bid and that its bid bond be returned. Roger J. Dolan February 26, 1993 Page 2 If you have any questions, please do not hesitate to contact the undersigned or Gary A. Menges, Vice President of Preston Pipeline. Very truly yours, ~ A. A~f'$- Paul A. Aherne PAA: jth Enclosures cc: Preston Pipelines, Inc. Attn: Gary A. Menges 11375.1\dolan.ltr ATTACHMENT 4 LEGION COURT SEWER REPLACEMENT DISTRICT PROJECT NO. 4910 POST -BID/PRECONSTRUCTION ESTIMATE ITEM DESCRIPTION TOTAL PERCENT OF ESTIMATED CONSTRUCTION COST 1 Construction Contract $ 467,370 2 Utility Relocation (PG&E) 20,000 3 Permanent Property Rights 1 ,000 4 Contingency @ 25 % 1 116,830 SUBTOTAL 584,200 100.0 5 Construction Management/Inspection 69,000 11.8 6 Consultant/Professional Services 49,000 8.4 7 Miscellaneous 34,000 5.4 SUBTOTAL $152,000 26.0 8 Pre bid Expenditure . Right of Way/Utility Location 22,000 . Design/Bidding 146,000 SUBTOTAL 168,000 28.8 9 Total Project Cost Estimate $ 904,200 154.8 10 Funds Authorized to Date $ 168,000 1 1 Total Allocation of Funds needed to $ 736,200 Complete Project 1A 25% contingency is proposed due to the uncertainty associated with the extent of lateral reconstruction and variable ground water levels. ATTACHMENT 5 LEGION COURT SEWER REPLACEMENT DISTRICT PROJECT NO. 4910 PROJECT FUNDING SUMMARY FOR THE PERIOD 3/5/93-4/5/93 Sewer Construction Fund Balance as of 2/28/93 Minus Unspent Prior Allocations Plus Dependable Revenue $66,132,509 (37,612,672) 5.672, 118 $34,191,955 $34,368,971 > $736.200 (ALLOCATION REQUIRED) Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF March 18, 1993 NO. 7. ADMINISTRATIVE a. ADOPT AN ORDINANCE AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE DATE March TYPE OF ACTION SUBJECT ADOPT ORDINANCE AMENDING CONFLICT OF INTEREST CODE SUBMITTED BY Joyce E. Murphy Secretary of the District INITIATING DEPT.lDIV. Administrative ISSUE: A need exists to update the District's Conflict of Interest Code to conform to a recent change in the filing date approved by the Contra Costa County Board of Supervisors, the code reviewing body. BACKGROUND: In addition to their elected positions, many elected officials serve on County boards, commissions, and committees and are required to file periodic statements of economic interests during the month of April. The current filing period for the District's Conflict of Interest Code is February. In an effort to consolidate the filing period for the annual statements of elected and non-elected designated filers to one time, on December 10, 1992, the Contra Costa County Board of Supervisors amended all local Conflict of Interest Codes pursuant to Government Code Sections 87302 and 87306 et seq. as follows: "Annual statements shall be filed during the month of April and no later than April 30 by all designated employees. Such statements shall cover the period of the preceding calendar year." RECOMMENDATION: Adopt the attached ordinance amending the Central Contra Costa Sanitary District Conflict of Interest Code to conform to the change in filing date approved by the Contra Costa County Board of Supervisors. REVIEWED AND RECOMMENDED FOR BOARD ACTION ,~ INITIATI,NG DEPT.lDIV. 1302A-7/91 EM ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING SECTION 2.20.040 D. OF THE DISTRICT CODE REVISING OF THE FILING DATE OF ANNUAL STATEMENTS OF ECONOMIC INTERESTS The Board of Directors of the Central Contra costa Sanitary District does hereby ordain as follows: SECTION 2.20.040 PLACE AND TIME OF FILING Section 2.20.040 of the Central Contra Costa Sanitary District Code is hereby rev!sed and amended to read as follows: D. Annual statements shall be filed during the month of April and no later than April 30 by all designated employees. Such statement shall cover the period of the preceding calendar year. This ordinance shall be an ordinance and general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District and shall be effective upon the expiration of the week of publication. PASSED AND ADOPTED by the District Board of the Central Contra Costa Sanitary District this day of , 1993, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE OF 1 BOARD MEETING OF NO. March 18, 1993 9. LEGAL/LITIGATION a. SUBJECT DENY CLAIM FOR PROPERTY DAMAGE FROM ROBERT C. KENNEDY DATE DENY CLAIM SUBMITTED BY INITIATING DEPT.lDIV. Bonnie Allen, Risk Manager Administrative/Risk Management ISSUE: Robert C. Kennedy has filed a claim for $1,800 alleging that his vehicle was damaged by a District vehicle. Claim denials require action by the Board of Directors. BACKGROUND: Claimant's 1976 Pontiac vehicle was parked at the curb in front of his residence at 1811 Evergreen Avenue, Antioch. It was struck and damaged by an unknown vehicle. Investigations by the Antioch Police and by District representatives were unable to identify the driver or vehicle causing the damage. A neighbor witnessing the accident at approximately 5:30 a.m. on December 6, 1992, stated that the damage was caused by a blue Ford pickup, not a District vehicle. RECOMMENDATION: Deny the claim by Robert C. Kennedy for property damage of $1,800 and refer to staff for further action as required. INITIATI,NG DEPT./DIV. 1302A-7/91 BA PM KLA C:\WP51 \BdDir\Kennedy.PP