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Home My WebLink AboutAGENDA BACKUP 02-21-91 . Centra. Contra Costa Sanitar)-.Jistrict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF February 21, 1991 NO. 3. CONSENT CALENDAR e. SUBJECT DATE February 13, 1991 INITIATE PROCEEDINGS TO FORMALLY ANNEX 1 0 SEPARATE AREAS UNDER THE TITLE OF DISTRICT ANNEXATION 119 TYPE OF ACTION INIllA TE ANNEXA llON D.A.119 SUBMITTED BY INITIATING DEPT/DIV. Dennis Hall, Associate En ineer ISSUE: The District has received petitions for annexation for 10 parcels as shown on the attached tabulation and maps. It is appropriate to initiate formal annexation proceedings with the Local Agency Formation Commission (LAFCOI. BACKGROUND: LAFCO has requested that the District submit no more than 10 separate areas under anyone proceeding to avoid overloading their schedule. The subject areas are generally located in Danville, Lafayette, Martinez, Orinda and Walnut Creek. LAFCO has indicated that they may add adjoining unannexed parcels to the separate areas we submit to eliminate islands or straighten boundary lines. The District will have to hold a public hearing to consider annexation of any parcel added by LAFCO. RECOMMENDATION: Adopt a Resolution of Application for the annexation of properties to Central Contra Costa Sanitary District under District Annexation 119. ihr f/7 REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT/DIV. 1302A-9/85 DH JSM RAB DISTRICT ANNEXATION NO. 115 Tabulation of Parcels Parcel P.A. No. Owner Address Date Approved Lead No. & Area Parcel No. & Acreage by Board and Remarks Agency 1 89-29 Francis Roche December 7, 1989 CCCSD Martinez 4848 Venner Road Martinez, CA 94553 Notice of Exemption 162-132-02 (1.55 Ac.) by CCCSD Link Beaudette, etal 71 Park Avenue Walnut Creek, CA 94595 162-132-01 (1.82 Ac.) 2 90-1 3 Edmond Gilbert November 1, 1990 Martinez Martinez 4990 Alhambra Avenue Martinez, CA 94553 Negative Declaration 366-140-006 (Portion) 7.65 Acres 3 90-7 Hidden Ponds April 5, 1990 Contra Costa Martinez II Partners County 40 Main Street E.I.R. Los Altos, CA 94022 365-160 24 & -25 (17.41 Ac.) 4 89-14 Pamela Heaton May 4, 1989 CCCSD Lafayette c/o Jackson & Co. Realtors 1078 Carol Lane, #201 Notice of Exemption Lafayette, CA 94549 by CCCSD Ptn. 167-130-002 (.3 Ac.) 5 89-13 J. E. Cleymaet, etux May 4, 1989 CCCSD Orinda 37 Los Altos Road Orinda, CA 94563 Notice of Exemption 263-040-003 (1.15 Ac.) by CCCSD 6&7 90-3 A. A. Affinito, etal March 1, 1990 Walnut Creek Walnut 2980 Railroad Avenue Creek Pittsburg, CA 94565 Negative Declaration 139-130-016 & -017 (14 acres more or less) 8 89-23 W. A. Waldeck, etux July 20, 1989 CCCSD Danville 1 71 La Questa Drive Danville, CA 94526 Notice of Exemption 216-151-003 (0.85 Ac.) 9 89-23 Debra M. Cecaci July 20, 1989 CCCSD Danville 1 82 La Questa Drive Danville, CA 94526 Notice of Exemption 216-160-08 (0.78 Ac.) Parcel P.A. No. Owner Address Date Approved Lead No. & Area Parcel No. & Acreage by Board and Remarks Agency 10 90-4 Estate Equity Mngmt., Inc. March 15, 1990 Danville Box 35553 Los Gatos, CA 95030 Negative Declaration 203-160-004 (6.00 Ac.l 203-171-008 (2.25 Ac.) 203-171-013 (2.03 Ac.) C.C.C.S.D. ANNEv ATION NO. 119 ;:/ ".... ~ ~ ,/ ,,.......---- ./ ~---/:: ~\ / )' ./ / \ I ... - ( , : .) .~ I. / \ "./ !I() '\- ,('> \~ '\ "t., ~_./ ."' ; ( '~ ) rv i / . / k- "-" '''--... '~.:0' -;I . //:'\ , ,,,/:J ..----;7 I . I , " r \ , \ \ /. .:" ../ ,.- - ~~ ..../ /" \ / ..-' (- . \' , / \ ..../ \ \~ ~; ~ -~, 1/ \ ~/ :2 \. \ Moses Rock" Sprmg ,-~ S ~'camore Sprmg r----.:."'T F ., ~ ,:;/ , - ,---~~-~' ..Sprmg ~, \./ /:,,;-'" :--,~~.' - " .' ',~ "....-, '-.-/ ......... -, ~ -,-- \ \ ....'" / ~~:::c:-- .. :-:. -'--', a., ., ., ., , Sprrr:g!> ., . , . ~~.. 0, ~~ ,f ~-=~~--- .., .1"""'\ L . ~\r' ~ '" '/ \,- - : " . '. C.C.C.S.D. ANNEv ATION NO. 119 " '\' )Mal , " Resen ':\' " " , : r' ""'\ . ,~ -ree~ \' .-/~ "'. " ' \ \\ '\ ~ ,/ - -"'--, \.., -'. \ . ........ ";' -..........'\, ') 1/ r " , -,~ - . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF6 POSITION PAPER BOARD MEETING OF February 21, 1991 AuerffloRIZE STAFF TO RELEASE THE PRELIMINARY DRAFT SOURCE REDUCTION AND RECYCLING ELEMENTS TO FOUR FRANCHISED CITIES, WHICH THE DISTRICT PREPARED ON THEIR BEHALF TO COMPLY WITH AB 939 NO. 4. SOLID WASTE a. DATE February 13, 1991 TYPE OF ACTION AUTHORIZE RELEASE OF SR&RE INITIATING DEPT.lDIV. Administrative/Solid Waste ISSUE: The Source Reduction and Recycling Elements (SR&RE) for Orinda, Moraga, Danville and Lafayette have been prepared, as required under AB 939, and are ready for submission to these cities for their approval. BACKGROUND: AB 939 mandates that 25 percent of all solid waste shall be diverted from landfills by 1995 and 50 percent by 2000. AB 939 requires cities and counties to prepare a SR&RE which is a planning document that describes how these state-mandated goals will be achieved. Some of the solid waste diversion programs that our franchised cities are required to implement will impact the level of collection service and affect garbage rates. The Preliminary Draft SR&RE document is being presented to the Board for authorization to distribute it to the franchised cities for approval and adoption. No formal action is required of the Board to approve the SR&RE. Since the District franchises refuse collection and manages diversion programs for Orinda, Moraga, Danville and Lafayette, these cities and District staff mutually agreed that the District should be responsible for preparing their SR&RE. The cities' resolutions evidencing the agreements are shown in Exhibit A. Cal Recovery Systems, Inc. was retained to write the SR&RE and has worked closely with District staff, our franchised cities and their respective haulers to obtain input from all agencies that will be directly affected by plan implementation. Cal Recovery Systems, Inc. also met with the District's Solid Waste Committee, Board Members Susan McNulty Rainey and John Clausen, to obtain their input on the draft SR&RE. Because all four SR&REs are similar, only the Danville SR&RE is being presented to the Board for comments (Exhibit B). Minor differences in the plans will be discussed in Cal Recovery Systems, Inco's presentation at this Board meeting. All four Preliminary Draft SR&REs will, upon Board authorization, be released to the respective cities for their approval and adoption. They will also be submitted to the county AB 939 Local Task Force and other local agencies for review, as required by AB 939 regulations. Submittal of the Preliminary Draft SR&RE to these agencies for public review initiates the AB 939 approval process. George Savage of Cal Recovery Systems, Inc. will include an overview of the AB 939 approval process in his presentation. RECOMMENDATION: Receive a presentation by Cal Recovery Systems, Inc. on the SR&RE and provide comments and guidance; authorize staff to release the Preliminary Draft SR&RE to the four cities, for which the District franchises refuse collection, for approval and adoption. INITIATING DEPT.lDIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION ADSjPos.Paper#ljSolidWst.PP .. . 1 EXHIBIT A BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Designating Central Contra Costa ) Sanitary District as the responsible) agency for the preparation of the ) AB939 Source Reduction and Recycling) Element ) Resolution No. 69-90 WHEREAS, AB939 mandates that on or before July 1, 1991, each city shall prepare, adopt and submit to the County a Source Reduction and Recycling Element (SRR Element); and WHEREAS, Section 18762 (b) of the proposed AB939 final regulations requires a jurisdiction to submit written documentation to the Board of its designation of an agency responsible for preparation of the SSR Element within 30 days of said designation; and WHEREAS, Central Contra Costa County Sanitary District (CCCSD) franchises garbage and recycling collection for the City of Orinda; and WHEREAS, CCCSD is the appropriate agency and has accepted the responsibility of preparing the SSR Element for the City of Orinda. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orinda that the City hereby designates Central Contra Costa Sanitary District as the agency responsible for preparation of the SRR Element. PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on October 30, 1990, by the following vote: AYES: COUNCILMEMBERS: Dabel, Heggie, Guidotti, Landers, Knebel NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~~"~ as C S~ncla~r, c~ty Clerk r::uJe -,f,1{;." L J L1nda R. Knebel, Mayor - BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE HATTER OF: Designating Central Contra Costa ) sanitary District to prepare ) Source Reduction and Recycling ) Element (SRR) ) RESOLUTION NO. 71-90 WHEREAS, AB 939 mandates that on or before July 1, 1991, each city shall prepare, adopt and submit to the County a Source Reduction and Recycling Element (SRR Element); and WHEREAS, section 18762(b) of the proposed AB 939 final regulations requires a jurisdiction to submit written documentation to the Board of its designation of an agency responsible for preparation of the SRR Element within 30 days of said designation; and WHEREAS, Central Contra Costa Sanitary District (CCCSD) franchises garbage and recycling collection for the City of Lafayette; and WHEREAS, CCCSD is the appropriate agency and has accepted the responsibility of preparing the SRR Element for the city of Lafayette. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette that the city hereby designates Central Contra Costa Sanitary District as the agency responsible for preparation of the SRR Element. "PASSED AND ADOPTED by the Lafayette City Council on October 29, 1990 by the following vote to wit: AYES: Councilmembers Talan, Uilkema and Mayor Holmes NOES: None ABSENT: Councilmembers Tatzi nand Wil son ABSTAIN: None -a'~ MAYOR ATTEST: " 1.:1 / /" ~ ' /J ..~ ~ '"~(;,~--1'\ #" /. -1'/".::.<' i"~ - DEPUTY C1::.r.ERK RESOLUTION NO. 237-90 DESIGNATING THE CENTRAL CONTRA COSTA COUNTY CENTRAL SANITARY DISTRICT AS THE AGENCY RESPONSIBLE FOR PREPARATION OF THE SOURCE REDUCTION AND RECYCLING (SRR) ELEMENT WHEREAS, AB 939 mandates that on or before July 1, 1991, each city shall prepare, adopt and submit to the County a Source Reduction and Recycling Element (SRR Element): and WHEREAS, section 18762 (b) of the proposed AB 939 final regulations requires a jurisdiction to submit written documentation to the California Integrated Waste Management Board of its designation of an agency responsible for preparation of the SRR Element within 30 days of said designation: and WHEREAS, Central Contra Costa Sanitary District (CCCSD) franchises garbage and recycling collection for the Town of Danville; and WHEREAS, CCCSD is the appropriate agency and has accepted the responsibility of preparing the SRR Element for the Town of Danville. RESOLVED by the Town Council of the Town of Danville that the Town hereby designates Central Contra Costa Sanitary District as the agency respo~sible for preparation of the SRR Element. APPROVED by the Danville Town Council as a Regular Meeting on December 4, 1990, the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSTAINED: NONE ABSENT: NONE ~~ MAYOR :;~ /h, ~ CITY CLERK (~ ~:?- CITY ATTORNEY ---- alczl """'J"~r"J!!i!'!,}.1','i*"r'\+"~'il1i~il!'W.,~.. ~.. ,'., ~~~.~..~.~...,. mi.. ............... . . . "( .,,, '," "'. ,. ,I'l~ "~"',1~~..... I . '. cTll'.'" "" ''''''''''''<''0'''"'"1"".,,,,, ',"'If)''''m.t'''''I'\'''"~ BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: Resolution designating ) central contra Costa ) Sanitary District as ) the Agency responsible ) for preparation of the ) SRR Element ) ) RESOLUTION NO. 42-90 WHEREAS, AB939 mandates that on or before July 1, 1991, each city shall prepare, adopt and submit to the County a Source Reduction and Recycling Element (SRR Element)j and WHEREAS, section 18762 (b) of the proposed AB939 final regulations requires a jurisdiction to submit written documentation to the Board of its designation of an agency responsible for preparation of the SRR Element within 30 days of said designation, and WHEREAS, Central Contra District (CCCSD) franchises garbage collection for Town of Moraga; and Costa sanitary and recycling WHEREAS, CCCSO is the appropriate agency and has accepted the responsibility of preparing the SRR Element for the Town of Moraga. NOW, THEREFORE ,SE IT RESOLVED by the Town council of the Town of Moraga that the 'rown hereby designates Central contra Costa sanitary District as the agency responeible for preparation of the SRR Element. .....,... I I ~J Tl'n rl.l... ---1.-.!:..-- ~ T r 1 ..., ,..... , r-. ~ ... ADOPTED by the Town Council of the Town of Moraga at its regularly scheduled meeting of December 5, 1990, by the following votes: AYES: NOES: ABSTAIN: ABSENT: ATTEST: ~~~.'~J... Ross G. Hubbard, Clerk Mayor James J. Sweeny, Vice Mayor Gralg W. Crossley, Councilmember A. G. Dessayer, Councilmember Susan Noe, and Councilmember Richard Avanz!no NONE NONE NONE . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARDMEETINGOF February 21,1991 SUBJJi:PPROVE THE PURCHASE OF EQUIPMENT FOR THE WELLNESS PROGRAM EXERCISE FACILITIES NO. 5. ADMINISTRATIVE a. DATE February 5,1991 TYPE OF ACTION APPROVE EQUIPMENT PURCHASE INITIATING DEPT.lDIV. Administrative/Risk Management ISSUE: The Board of Directors' approval is required for the purchase of equipment for the District Wellness Program. BACKGROUND: On March 19, 1990, the Board of Directors approved the initiation of a District Wellness Program which has the objectives of encouraging employee healthy lifestyles, reducing injuries, and containing health care costs. One phase of the program presented at that time was to establish appropriate exercise facilities at both the CSO and Treatment Plant. An amount of $25,000 was included in the 1990-91 equipment budget for this purpose; however, the Board requested that the staff obtain approval prior to the purchase of the specific equipment. This approval is being requested at this time. The Wellness Program consists of a comprehensive group of on-going elements geared to improving employee health. Included in this are smoking cessation support, body composition and weight management, low back care, cancer risk reduction, nutrition education, exercise, and aerobics. Some of the ways these are accomplished are through life style classes, periodic monitoring of blood pressure, cholesterol, body fat; and the use of exercise rooms, which are being established at the CSOD and Treatment Plant. At present, however, proper equipment for these rooms is lacking which limits both the quality and number of the individual exercise programs which can be conducted. As of this date, 170 of the permanent District employees have signed up for the Wellness Program and have participated in the initial health screening. Over a hundred of these have indicated an interest in an exercise/weight management program. The staff now requests approval to move ahead with the purchase of the first increment of equipment for the exercise facilities at a cost not to exceed $25,000. This would provide a stationary bicycle, stair climber, and basic weight cluster at each location. This heavy-duty equipment is proposed because of the anticipated high and long-term usage. Employees would use the equipment on their own time and after appropriate training. Other local organizations using or ordering similar equipment are Kaiser Hospital, Contra Costa County Wellness Center, and the Contra Costa Transit Authority. The attached exhibit shows the 1990-91 equipment increment and the proposed list for 1991-92. The staff will return to the Board for approval to purchase the second group when the usage of the first increment so indicates. RECOMMENDATION: Approve the purchase of the initial equipment for the CSO and Treatment Plant Wellness Program exercise facilities. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/65 JEC PM INITIATING DEPT.lDIV. )1~ Page 2 of 2 REQUESTED EQUIPMENT PURCHASE For Exercise Facilities at Walnut Creek and Martinez Reauested Eauioment: Quantitv Cardiovascular Eauioment Stationary Bicycle - Model: Precor 8.8sp including 2 - 1990-91 Budget power drive to operate equipment 2 - 1991-92 Budget Stairclimber - Model: Lifestep 2 - 1990-91 Budget Treadmill - Model Precor 9.5 Electronic including handrail kit 2 - 1991-92 Budget Weiaht Eauioment Basic Weight Cluster - Model: Catalina 4 with heavy stack leg press; includes 10-year warranty on frame and 2-year warranty on cables 2 - 1990-91 Budget Freestanding Vertical Knee raise/VKR Deep Station - Model: Catalina 2 - 1991-92 Budget Hyperextension/Abdominal Crunch Bench - Model: Catalina 2 - 1991-92 Budget Assisted Upper Body Trainer - Model: Catalina - Imperial Weight 2 - 1991-92 Budget Other Eauioment laminated Wall Charts: Heart Rate 20 seconds; Aerobic Flexibility; Weight Training Flexibility 6 - 1991-92 Budget Floor Mats - Model Sentenell Studio Mats 20 - 1991-92 Budget VCR/TV - Model: To be decided 2 - 1991-92 Budget 1990-91 Budget Total (including sales tax) 1991-92 Budget Total (including sales tax) $24,990 $23,000 Note: Equipment will be distributed evenly between both locations Revised 2/15/91 C:\ WP51 \Safety\EqpmtBud. Cht . Centra~ ;ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF February 21, 1991 NO. 6. DATE ENGINEERING a. February 15, 1991 SUBJECT ACCEPT THE CONTRACT WORK FOR THE M-2 PARALLEL FORCE MAIN PROJECT (DISTRICT PROJECT 4610) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY Munawar Husain, Associate Engineer INITIA TING DEPT.lDIV. Engineering Department/Construction Division ISSUE: Construction has been completed on the M-2 Parallel Force Main Project and the work is now ready for acceptance. BACKGROUND: The contract work included installing approximately 4,200 feet of 20-inch diameter high density polyethylene (HDPE) force main in an alignment parallel to the existing M-2 force main. In addition, a 1 ,500-foot section of the existing M-2 force main, located across the IT property where the history of failures has been most frequent, was replaced. Auxiliary improvements included new utility lines to provide for reclaimed water, electrical, and telemetry service from the treatment plant to the Maltby Pumping Station (see attached location map). See 1990-1991 Capital Improvement Budget, pages CS-82 and CS-83 for additional information. The contract was awarded to the lowest responsible bidder, Fee Construction, Inc., of Livermore on June 21, 1990, by the District Board. Fee Construction, Inc. was issued a Notice to Proceed on July 30, 1990. The original contract completion date was January 27, 1991. Beneficial use of the new facilities was obtained on January 25, 1991. The Board was advised at the October 18, 1990, Board meeting that the contractor unexpectedly encountered a hazardous environment problem while working on IT property. The General Manager was subsequently authorized to approve a change order exceeding $50,000 to address the problem. Staff will provide an update on the status of resolution of this problem when this agenda item is being considered. It is appropriate to accept the contract work at this time. A detailed accounting of the project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the M-2 Parallel Force Main Project (District Project 4610) and authorize the filing of the Notice of Completion. 1302A-9/85 MH RSK JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. ,JJ1 ~k '--, ,,"'" Q INSTALL 2ft ID FORCE MAIN M-2 REPLACEMENT MODIFY EXIST. MAlTBY PUMP STATION DISCHARGE PIPING INSTALL 2ft ID FORCE MAIN M-2 PARAlLEL Central Contra Costa Sanitary District M-2 PARALLEL FORCE MAIN (DP 4610) Attchment A . Centra. ':ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS POSITION PAPER BOARD MEETING OF PAGE 1 OF 3 February 21, 1991 7N~ LEGAL/LITIGATION a. DATE February 15,1991 SUBJECT AUTHORIZE THE SETTLEMENT OF DILLINGHAM CONSTRUCTION COMPANY'S CLAIM FOR EXTRA COSTS ON THE DEWATERING SYSTEM IMPROVEMENTS PROJECT (D.P. 3791) TYPE OF ACTION APPROVE SETTLEMENT AUTHORIZE AGREEMENT SUBMITTED BY INITIATING DEPT.lDIV Ronald Klimczak, Senior En ineer artment/Construction Divi i n ISSUE: A proposed settlement has been reached with Dillingham Construction Company on its claim for extra costs incurred on the Dewatering System Improvements Project. The Board of Directors must approve settlement agreements exceeding $10,000. BACKGROUND: The contract for the Dewatering System Improvements Project was awarded to Dillingham Construction Company on March 3, 1988. The contract work included the installation of four new District-furnished dewatering centrifuges as well as auxiliary facilities such as odor control, polymer feed and sludge blending systems. The original cost of the construction contract was $5,878,000 (the centrifuges were prepurchased at an additional cost of $1,591,041). Change Orders totaling $193,211 were executed and agreed upon during the contract period. The original contract completion date was January 15, 1990. The District began using the new centrifuges in the spring of 1990 and substantial completion of punch list items occurred in October 1990. Due to the late completion of the project work and the unwillingness of the contractor to both request and justify any contract time extension until after project completion, the District assessed liquidated damages in the amount of $220,500 (105 calendar days at $2,100 per day). On June 28, 1990, the contractor submitted a claim for additional compensation in the amount of $387,204.87 for extended overhead costs due to alleged District-caused project delays and related extra cost issues. Additionally, the contractor's claim included demand for the return of all withheld liquidated damages by alleging that a contract time extension was justified. The District hired a consultant (CH2M Hill) to review Dillingham's claim. CH2M Hill performed a critical path analysis of project delays. After considerable discussion with the contractor regarding the impact of needed contract changes during the course of construction, the degree of contractor responsibility in controlling subcontractor and supplier performance and other related issues, a proposed settlement was reached. The financial terms of the settlement agreement, which have been recently accepted by the contractor, are listed in Attachment A. The settlement basically provides that the District will release all retained liquidated damages ($220,500) and pay an additional $78,667 for all remaining outstanding issues including extra work, un billed/completed contract work, etc. Staff believes this Agreement is a fair resolution of the dispute and is in the best interest of the District to accept. REVIEWED AND RECOMMENDED FOR BOARD ACTION RSK JSM RAB INITIATIN~f. j1)f3 1302A-9/85 SUBJECT POSITION PAPER AUTHORIZE THE SETTLEMENT OF DILLINGHAM CONSTRUCTION COMPANY'S CLAIM FOR EXTRA COSTS ON THE DEWATERING SYSTEM IMPROVEMENTS PROJECT (DP 3791) PAGE 2 DATE OF 3 Februarv 11 1 qq 1 The proposed payment of $78,667 together with the refund of all retained liquidated damages to the contractor under the terms of the negotiated settlement agreement can be accomplished with available project funds. No additional funds will be required. RECOMMENDATION: Approve the negotiated settlement with Dillingham Construction on its claim for additional compensation on the Dewatering System Improvements Project and authorize the President of the Board of Directors to sign the Settlement Agreement. --------. 13028-9/85 ATTACHMENT A DEWATERING SYSTEM IMPROVEMENTS PROJECT SETTLEMENT AGREEMENT TERMS (D.P. 3791) 1 . Payment to Dillingham for lost interest on retained liquidated damages 2. Payment to Dillingham for outstanding District authorized change orders 3. Payment to Dillingham for all unpaid/unbilled completed contract work 4. Payment to Dillingham for resolution of all remaining disputes 5. Payment to District for uncompleted contract work TOTAL PAYMENT TO DILLINGHAM * Plus return of all liquidated damages collected $ 11 ,000 35,000 9,167 25,000 < 1.500> $78,667* . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF1 POSITION PAPER BOARD MEETING OF February 21, 1991 NO. 7. LEGAL/LITIGATION b. DATE February 15,1991 t)l~V CLAIM FOR PROPERTY DAMAGE FROM DANIEL AND SANDRA DE BUSSCHERE TYPE <[)f~\frcLAIM INITIA TING DEPT.lDIV. r ISSUE: Daniel and Sandra DeBusschere of 108 Estates Drive, Orinda, have filed a claim for $1,100 against the District alleging responsibility for damage to a vehicle driven by their son, Derek DeBusschere. Claim denials require action by the Board of Directors. BACKGROUND: On January 7, 1991, a District 1-ton utility vehicle and a 1969 station wagon driven by Mr. Derek DeBusschere approached each other at a curve on Scenic Drive, Orinda. As they passed, they sideswiped causing damage to the side of each vehicle. A City of Orinda police officer investigated and gave the cause of the accident in the official report as follows: "This accident was the result of the reduced roadway width of Scenic Drive near the curve. Both drivers noticed the other vehicle when they were in close proximity of each other. Since there were no shoulders along Scenic Drive, neither vehicle could move to the right. When the vehicles passed each other, they sideswiped causing the damage." The staff recommends that the claim be denied because the District was not determined to be at fault in this accident. RECOMMENDATION: Deny the claim for $1,100 from Daniel and Sandra DeBusschere for alleged automobile damage and refer it to staff for further action as needed. PM KLA REVIEWED AND R OMMENDED FOR BOARD ACTION INI fATING DEPT.lDIV. ~L JEC fi