HomeMy WebLinkAboutAGENDA BACKUP 01-23-91
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Centrt.Contra Costa Sanitar' ~istrict
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BOARD OF DIRECTORS
POSITION
PAPER
BOARD MEETING OF
January 23, 1991
PAGE 1 OF 4
NO.
4. CONSENT CALENDAR b.
SUBJECT
AUTHORIZE EXECUTION OF A COMMON USE AGREEMENT
WITH THE CITY OF WALNUT CREEK FOR DISTRICT
PROJECT NO. 4539, ARLENE DRIVE SEWER IMPROVEMENT
PROJECT, AT NO COST TO THE DISTRICT
DATE
January 18, 1991
TYPE OF ACTION
AUTHORIZE
AGREEMENT
SUBMITTED BY Rey I. Limjoco
Senior Engineering Assistant
INITIATING DEPT/DEngineering Department
Engineering Division
ISSUE: The Board of Directors' approval is required to enter into a Common Use Agreement.
BACKGROUND: The Arlene Drive Sewer Improvement Project, District Project No. 4539,
consists of replacing approximately 3,200 feet of existing 6- and 8-inch sewer mains in
Arlene Drive between Newell Avenue and Orchard Lane in Walnut Creek. These existing
sewers do not have adequate capacity during wet weather events and have numerous
maintenance problems. Three of five easement parcels needed for the project have been
acquired by the District.
Negotiations for the remaining two easement parcels (Batts and Morris; see Exhibit A) are
on-going. Staff believes that eminent domain action will need to be pursued to acquire the
necessary property rights for these two easement parcels. Staff will make a presentation
to the Board of Directors at the time a Resolution of Necessity is required.
In addition the City of Walnut Creek has a drainage easement, which encumbers the Batts'
and Morris's easement parcel. Therefore, the District needs to enter into an agreement
(Attachment I) with the City of Walnut Creek to utilize part of the drainage easement for
sanitary sewer pipe. Staff has negotiated a Common Use Agreement with the City of
Walnut Creek and has obtained permission for installation of the sewer.
RECOMMENDATION: Authorize the President of the Board of Directors and the Secretary
of the District to enter into and authorize the recording of a Common Use Agreement with
the City of Walnut Creek, related to the Arlene Drive Sewer Improvement Project, District
Project No. 4539, at no cost to the District.
INITIATING DEPT./DIV.
ct!:
COMMENDED FOR BOARD ACTION
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CENTeRLINE 10' fANlfAR'(
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DRAWN BY CHECKED BY THOMAS BRO. 75 84 JOB
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SCAlE DATE CO. ASSMT. NO. PARCEL
N.TS 1-/7- 90
2315-100
Page 2 of 4
EXHIBIT A
DP 4539
ARLENE DR SEWER
An ACH~.1ENT I
Page 3 of 4
COMMON USE AGREEMENT
1. THIS AGREEMENT is entered into this day of , 1990,
by and between the CITY OF WALNUT CREEK, hereinafter called "City," and the
CENTRAL CONTRA COSTA SANITARY DISTRICT, herein called "District."
2. The City is the owner in possession of certain rights of way and easements,
hereinafter referred to as "City's easement," described in Exhibit A which is
attached hereto and by this reference incorporated herein.
3. District has acquired certain rights of way and easements for a sanitary
sewer line, hereinafter referred to as "District's right of way," described in
Exhibit B which is attached hereto and by this reference incorporated herein.
4. District's right of way occupies a portion of the City's easement and is
subject to said City's easement, which said portion is hereinafter referred to
as "Area of Common Use," which is shown in Exhibit B, attached hereto and by this
reference incorporated herein.
5. The City hereby consents to the construction, reconstruction, maintenance
or use by District of a sanitary sewer over, along and upon the City's easement
in the area of common use, subject to the City's right and easement to use said
area of common use for all of the purposes for which the City's easement was
acquired and to the terms and conditions herein contained. The City does not by
this consent, and shall not be deemed to, subordinate its rights in the area of
common use to any use which District shall make of said area. If District use
conflicts with City's maintenance or future use of its easement, District, at its
sole cost and expense, shall relocate its sewer line.
6. This Agreement shall not in any way alter, modify or terminate any
provision of City's easement or the priority thereof over the District's title
in said area of common use.
7. Failure of either party to strictly enforce the provisions of this
Agreement shall not be deemed a waiver of said provisions.
8. As to any claim, costs, expenses, liabilities, including inverse
condemnation, demands, damages, losses, actions, causes of actions or judgments
which may arise from any activities performed under this Agreement, the party
performing those activities alleged to be the source of the claim, cost, expense,
liability, inverse condemnation, demand, damage, loss, cause of action or
judgment will indemnify, defend and hold harmless the other from the
aforementioned claims, costs, expenses, liabilities, including inverse
condemnations, demands, damages, losses, actions, causes of actions or judgments.
9. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
DP 4539-1
Pa~e 4 of 4
ATTACHt1ENT I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate by their respective officials thereunto duly authorized.
CITY OF WALNUT CREEK
CENTRAL CONTRA COSTA
SANITARY DISTRICT:
By:
By:
ATTEST:
RECOMMENDED FOR APPROVAL:
By:
EDjMiscjCommon.RIL
DP 4539-2
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Centra ':ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1
OF 1
Januar 23, 1991
NO.
4. CONSENT CALENDAR c.
DATE January 18, 1991
POSITION
PAPER
BOARD MEETING OF
SUBJECT
ADVISE THE BOARD OF THE CLOSEOUT OF THE
WORDPROCESSOR REPLACEMENT PROJECT,
DISTRICT PROJECT NO. 20101
TYPE OF ACTION
INFORMATIONAL
SUBMITTED BY
Maryhelen Hartley, Personnel Analyst II
INITIATING DEPT./DIV.
Ad m inistrative/Personne I
ISSUE: All work has been completed on the Word Processor Replacement Project, District Project
No. 20101, and the project can now be closed out.
BACKGROUND: In February, 1990, the Board of Directors authorized $145,000 for purchase of
a District-wide word processing system. The system was purchased through the competitive bid
process, installation has been completed, and employees have received operational training on the
District-wide system.
The total budget for the Word Processor Replacement Project was $145,000. Total expenditures
were $141,873, which is $3127 less than the budget. Staff is closing out the project which will
result in $3127 being returned to the General Improvement Program.
RECOMMENDATION:
This item is presented to the Board for information only. No action is needed.
w
OARD ACTION
1302A-9/85
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Centra :ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
January 23, 1 991
NO.
4. CONSENT CALENDAR d
DATE January 18, 1991
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF
AN ARBITRATOR IN ACCORDANCE WITH STEP
FOUR OF THE GRIEVANCE PROCEDURE
TYPE OF ACTION
PERSONNEL
SU~UiEMorsen, Deputy General Manager
INITIATING P&frnifll~strative/Personnel
ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the District and
the Central Contra Costa Sanitary District Employees' Association Public Employees Union, Local
No. One (Local #1), the Board must employ an arbitrator to render a recommendation when
grievances are appealed to the Board level.
BACKGROUND: Mr. Dennis Almond, Maintenance Crew Member II, alleges that the District has
discriminated against him by denying him a promotion to Maintenance Crew Leader because of
his Union activities. Also, Mr. Almond claims that management violated the personnel procedure
governing provisional appointments.
The General Manager-Chief Engineer has heard the grievance at Step 3 of the Grievance
procedure. He has denied the grievance based on an absence of evidence to substantiate a charge
of discrimination against Mr. Almond.
In matters that are appealed to the Board of Directors (Step 4), the M.O.U. reads as follows:
"Step Four
In the event such differences are not settled and the grievant desires the grievance
to be considered further, it shall be presented, in writing, to the Secretary of the
District within five (5) days of receipt of the General Manager-Chief Engineer's
decision. The secretary shall calendar the meeting for closed session * at the next
regularly scheduled Board Meeting in keeping with established guidelines for
calendaring an agenda item.
The Board shall employ a neutral third party to hear the matter and recommend
action to the Board. The District and the Union shall equally share the cost. If the
parties cannot agree on a neutral third party, then a list of five (5) neutral individuals
shall be requested from the State Conciliation Service and the parties shall use the
alternate elimination method to determine who shall conduct the hearing. The Board
may adopt, reject, or modify the recommendation of the appointed neutral third
party. The decision of the Board is the final action of the District."
REVIEWED AND RECOMMENDED FOR BOARD ACTION
I SUBJECT
blRECT STAFF TO SECURE THE SERVICES OF
~N ARBITRATOR IN ACCORDANCE WITH STEP
STEP FOUR OF THE GRIEVANCE PROCEDURE
POSITION
2
PAGE OF
PAPER
2
DeFcmuary 18, 1991
(The language above was written prior to changes in the Ralph M. Brown Act. It is
not now appropriate as a result of these changes to consider grievances in closed
session; therefore, this matter has been calendared as a personnel item on this
agenda.)
RECOMMENDATION: Authorize staff to secure the services of an arbitrator in accordance with
Step Four of the Grievance Procedure in the matter of the appealed grievance of Dennis Almond.
13026-9/85
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD .ra~TI1l1yF23, 1991
NO.
5. SOLID WASTE a.
SUBJECT
DATE
January 11, 1991
AUTHORIZE THE ALLOCATION OF $33,000 FROM THE GENERAL
IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT FOR THE
PUBLICLY-OWNED TRANSFER STATION PROJECT, D.P. 20096
TYPE OF ACTION
AUTHORIZE
FUNDS
SUBMITTED BY
INITIATING DEPT /DIV
Paul Morsen, Deputy General Manager
Administrative/Solid Waste
ISSUE: Board authorization is required to allocate funds to individual projects from the program
contingency accounts in an amount greater than $25,000.
BACKGROUND: On August 13, 1990, the Board adopted a resolution authorizing the Central
Contra Costa Sanitary District to enter into a Joint Powers Authority with the cities of Walnut
Creek and San Ramon. The cities adopted similar resolutions and the Central Contra Costa
Solid Waste Authority (JPA) was formed. The JPA allows for the jurisdictions to cooperatively
undertake a number of solid waste related activities. One of its most important powers is the
authority to site a publicly-owned transfer station/materials recovery facility (MRF) to serve the
waste streams of the member agencies as well as the possibility of including other Central
County entities' waste streams.
The JPA's charter requires that within one hundred twenty (120) days of establishing the JPA
a budget shall be produced for the first fiscal year of operation and the proportionate funding
obligation of each member agency established. The budget was adopted at the JPA's
December meeting. The District's portion of the JPA's budget through June 1991 is $30,000.
The $30,000 represents a one-third equal share of the estimated budget. This equal share
concept has been agreed upon by the JPA members to ensure that a budget is adopted and
funding obtained within the 120 day time limitation requirement. The actual Joint Exercise of
Powers Agreement prescribes that each member agency will pay its share of total costs based
upon its share of waste (tonnage) in the waste stream. However, the most recent tonnage
figures are several years old and do not reflect the impacts of aggressive recycling efforts and
new tonnage figures are being developed by a Central County Waste Characterization Study.
When the validated tonnage information is obtained the equal expense allocations will be
corrected on the basis of the new waste stream tonnage for each agency. It is anticipated that
this adjustment will be made when the JPA's 1991-1992 Fiscal Year Budget is adopted in late
spring of 1991. At that time the District's share is expected to increase.
A MRF feasibility study was authorized and funded in the amount of $27,000 (District's share)
by the Board on October 5, 1989. This feasibility study was completed by the firm of Hilton,
REVIEWED AND RECOMMENDED FOR BOARD ACTION
/~.
ROGER J. DOLAN
SUBJECT
POSITION PAPER
AUTHORIZE THE ALLOCATION OF $33,000 FROM THE GENERAL
IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT FOR THE
PUBLICLY-OWNED TRANSFER STATION PROJECT, D.P. 20096
PAGE 2
DATE
OF
2
January 11, 1991
Farnkopf and Hobson. The actual total cost of the study exceeded the original budget by
$6,066. The District's one-third share of the overexpenditures is $2,022 and shows as a
project overrun. The staff recommends that additional funding of $33,000, which includes the
overrun and the JPA's budget request, be authorized from the General Improvement Program
Contingency account to fund the MRF project, bringing the total project budget to $60,000.
When the JPA secures its MRF financing, the JPA will reimburse its member agencies for the
capital funds advanced, and the reimbursement to the District will be applied to offset the
project costs. If, for unanticipated reasons, the MRF is not built, funds expended in pursuit of
this effort will be returned to the Sewer Construction Fund on an amortized basis through
franchise fees.
The JPA will be using the major portion of its 1990-1991 budget to pay for the completion of
a facilities plan. The JPA has sent out requests for proposals to secure a firm to undertake the
facilities plan. Upon selecting the firm, the actual shared costs for this portion of the budget
will be known and, if required by this project or other JPA activities, further adjustments to the
District's project funding will be recommended.
RECOMMENDATION: Authorize allocation of $33,000 from the General Improvements
Program Contingency Account to the Publicly-owned Transfer Station Project, D. P. 20096.
13028-9/85
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Centrc..:ontra Costa Sanitar~ ..listrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
January 24, 1991
NO.
S~tffRORIZE $526,000 FROM SEWER CONSTRUCTION
FUND FOR COLLECTION SYSTEM PROGRAM CONTINGENCY
ACCOUNT AND AUTHORIZE ALLOCATION OF THOSE
FUNDS TO COMPLETE THE WALNUT CREEK DOWNTOWN
PHASE 2 PROJECT (DP 4257)
6. ENGINEERING a.
~~~uary 14, 1991
TYPE OF ACTION
AUTHORIZE FUNDS
SUBMITTED BY
Henry Thom, Senior Engineer
INITIATING DEPT.lDIV.
Engineering Department/Construction Division
ISSUE: The Board of Directors' authorization is required to supplement capital improvement
program contingency accounts, and for the General Manager-Chief Engineer to allocate more
than 15 percent of the final project budget or $50,000, whichever is less, from the capital
improvement program contingency accounts for construction project in progress.
BACKGROUND: Phase 2 of the Walnut Creek Downtown Bypass Project is being constructed
under a Joint Exercise of Power Agreement with the Contra Costa County Flood Control District
as part of the flood control bypass channel project. This is a unique opportunity made available
to the District to combine the sewer work with the channel construction project, thereby
resulting in a major cost savings to the District. The project is under the management of the
Army Corps of Engineers (COE). The total budget authorized for the sewer portion of this project
is $4,245,000. The sewer work consists of approximately 4,600 linear feet of 60- and 66-inch
diameter pipeline, a dual siphon, a junction structure, and several manhole structures. The pipe
alignment is located along the abandoned Southern Pacific Railroad right of way as shown in
Exhibit A.
The contract was awarded by COE to Ball, Ball and Brosamer, Inc. on September 27, 1989.
Notice to Proceed was issued on October 18, 1989. The contract completion date is June 18,
1 991. The sewer portion of the project is approximately 90 percent completed. Due to the
complexity and size of the project, several problems were encountered during construction which
required additional compensation to the Contractor. The extra cost items included overrun on
various material quantities, conflicts with utilities such as the Southern Pacific Pipeline's 10-inch
high pressure gas line, an East Bay Municipal Utility District 24-inch water line and a P.G. &E.
gas line. Also extra trench shoring was required for the excavation of the siphon near Arroyo
Way. A total project budget summary is shown in Exhibit B. A supplemental allocation of
$526,000 is needed for completion of the project.
RECOMMENDATION: Authorize the allocation of $526,000 in supplemental funding from the
Sewer Construction Fund to the Collection System Program Contingency Account, and authorize
allocation of $526,000 from the Contingency Account for the payments required to complete
the Walnut Creek Downtown Bypass Ph. 2 Project (D.P. 4257).
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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Exhibit
Walnut Creek Downtown Bypass A
DP 4257
EXHIBIT B
WALNUT CREEK DOWNTOWN BYPASS PH. 2 (D.P. 4257)
BUDGET SUMMARY
1. Authorized Budget
$4,245,000
526.000
2. Proposed Change Orders in
excess of budget
3. TOTAL BUDGET REQUIRED
$4,771 ,000
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Centra '=ontra Costa Sanitar\ Jistrict
BOARD OF DIRECTORS
POSITION
BOARD MEETING OF
January 23,1991
PAPER
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH DOWELL-SCHLUMBERGER TO
REHABILITATE 1,740 FEET OF SEWER USING SWAGELlNING
WITH A COST CEILING OF $94,430
SUBMITTED BY
Joye Kurasaki, Associate Engineer
PAGE 1
6
OF '
NO.
7.
COLLECTION SYSTEM a.
DATE
January 15, 1991
TYPE OF ACTION
Authorize Agreement
INITIATING DEPT.lDIV.
Collection System Operations
ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute
construction contracts over $10,000 and to exempt projects from public bidding.
BACKGROUND: There are portions of the District's collection system that have deteriorated to
the point where rehabilitation is necessary to prevent pipe failure and collapse. As part of an
ongoing renovation program, the 1990/91 Capital Improvement Budget includes funds for
renovating collection system facilities in demonstration projects using emerging sewer
rehabilitation technologies (CSO Sewer Renovation Program, page CS 99-100).
This project will rehabilitate three pipe segments totaling 1,740 feet. They are located in Walnut
Creek and Lafayette in narrow residential easements with difficult access and mature
landscaping (Attachment 1). The three segments were selected because of their deteriorated
condition and high ongoing maintenance requirements. Staff has analyzed these segments with
respect to access restrictions, construction impacts, and cost and has determined that the use
of a trenchless construction technology is the most appropriate method for rehabilitation of these
sewers.
Swage lining is an emerging trenchless technology which staff believes is well suited for this
project due to 1) reduced costs compared to open cut excavation methods, 2) the potential
for minimizing construction impacts, and 3) the ability to install sewers in difficult access
situations. Swage lining involves the rehabilitation of an existing pipe with anew, tight fitting,
high density polyethylene (HPDE) liner pipe. The HPDE pipe is heated to soften it and then pulled
through a device to reduce its diameter by roughly 7 percent. Subsequently, it is pulled into the
pipe to be lined. The resultant liner cools within 12 hours, regains its original size and forms a
tight fit with the existing pipe.
Dowell-Schlumberger, Inc. is the exclusive licensee for Swagelining in the United States. The
method and apparatus are covered by United States Patent No. 4777984, granted October 18,
1988. The Board may, therefore, elect to exempt this project from public bidding since it is only
available from one source. Due to the innovative nature of this technology, staff feels that this
project could also be exempt from bidding on the basis of being a demonstration project since
1) this project will be the first Swage lining sewer rehabilitation project in California and the third
in the United States and 2) one of the objectives of this project is to demonstrate the
applicability of using this technology on future sewer rehabilitation projects. Exemption from
bidding for demonstration purposes is allowed under Public Contracts Code Section 3400.
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SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH DOWELL..SCHLUMBERGER TO
REHABILITATE 1,740 FEET OF SEWER USING SWAGELlNING
WITH A COST CEILING OF $94,430
POSITION
PAPER
PAGE 2 OF
DATE
2
15 1991
A unit price contract with a cost ceiling of $94,430 has been negotiated with Dowell-
Schlumberger, Inc. The scope of the contract includes pipe materials, pipe assembly, reaming
the existing sewer to remove obstructions, side sewer lateral reinstatement, and bypass pumping
during construction.
The total cost for this project will be $162,730. In addition to Dowell-Schlumberger, District
forces will provide sewer locating; CCTV inspection; access to easements; excavations for
launching pits, receiving pits, and lateral reinstatement; site restoration; public information;
project management; inspection and other support activities as needed. The participation of
District forces on this project is important to obtain field information regarding Swage lining and
to assess its applicability on future sewer rehabilitation projects. Attachment 2 provides a
detailed budget breakdown of the project cost.
This project has been evaluated by staff and it has been determined to be exempt from the
California Environmental Ouality Act (CEOA) under District CEOA Guidelines Section 18.3, since
it involves replacement of existing sewer facilities with no expansion of capacity. A Notice of
Exemption will be filed with the County Clerk.
RECOMMENDATION: 1) Exempt this project from public bidding requirements. 2) Adopt a
resolution making a finding that the Swagelining technology is designated by trade name in the
project in order that a field test may be made to determine the Swagelining technology suitability
for future District use. (Public Contracts Code Section 3400(b).) 3) Authorize the General
Manager-Chief Engineer to execute an agreement with Dowell-Schlumberger Inc. for the
rehabilitation of 1740 feet of sewer at a cost not to exceed $94,430.
13028-9/85
RESOLUTION NO.
A RESOLUTION APPROVING A SWAGELlNING DEMONSTRATION PROJECT
AS A FIELD TEST OR EXPERIMENT
WHEREAS, Section 3400(a) of the California Public Contract Code provides that in those
cases involving a unique or novel product application required to be used in the public interest,
or where only one brand or trade name is known to the specifying agency, it may list only one
as an appropriate sole source provider and that unique or novel product application, to wit the
proprietary Swagelining Method, may be contracted for without the necessity of competitive
bidding; and
WHEREAS, Section 3400(b) of the California Public Contract Code provides that a
particular material, product, name brand item, or service, may be purchased without the
necessity of competitive bidding when the government body of the public entity make a finding
by resolution that the particular material, product, thing, or service, designated is being
purchased in order that a field test or experiment may be made to determine the product's
suitability for future use; and
WHEREAS, staff analysis concludes that the District can significantly benefit entering into
an agreement with Dowell-Schlumberger, Inc. as an appropriate sole source provider, to perform
a Swagelining Demonstration Project, to wit the Swagelining Method, for the purpose of a field
test or an experiment to determine if this unique and novel product application is suitable for
future use by the District as a sewer rehabilitation technique.
RESOLUTION NO.
-2-
NOW, THEREFORE, BE IT RESOLVED:
THAT, the General Manager-Chief Engineer be authorized to execute an agreement with
Dowell-Schlumberger Inc. as an appropriate sole source provider, to perform a Swagelining
Project in order that a field test or experiment may be made to determine the Swage lining
Method's suitability for future District use in accordance with Section 3400(a) and (b) of the
California Public Contract Code.
PASSED AND ADOPTED this 23rd day of January 1991 by the Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
NOES:
ABSENT:
President of the District Board of the
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 Aim
District Counsel
Orinda
@J
Walnut Creek
Q
o PROJECT LOCATION
o Brookwood Drive, Contra Costa County
@ Oak Park Lane, Pleasant Hill
8) Lakewood Road, Walnut Creek
Central Contra Costa
Sanitary District
SWAGELINE DEMONSTRATION PROJECT
LOCATIONS
Attchment
1
ATTACHMENT 2
SWAGELlNING DEMONSTRATION PROJECT
PROJECT SUMMARY
Dowell-Schlumberger, Inc. $ 94,430
District Force Account $ 32,550
CSO Forces (1)
Construction Inspection $ 7,200
Equipment Rental $ 8,750
Material Cost $ 2,500
Paving $ 2,500
Subtotal $147,930
Construction Contingency (10%) $ 14,800
TOTAL PROJECT COST $162,730
(1) Force account to provide for sewer locating, CCCTV inspection, access to easements, pit
excavations, and site restoration.
CSOD/C:\ WP51 \ WPFiles\PosPaper\DowSchI.JK