Minutes - Board - 1961-03-02fl
MINUTES OF THE.REGULAR.MEETING
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
. HELD AT 695 tIEST 19TH STREET
March 2, 1961
Roll Cali PRESENT; Directors - Stephens, Porter, Hollister and Meyers
ABSENT: Directors Norman
Officials Present: Assistant Secretary Swartz, Engineer Southworth,
Attorney Dungan, Director of Finance Hartzler,
and Street Foreman Heller
The meeting was called to order at 7 :30 P.M. by President Meyers.
Minutes Upon motion by Director Stephens, seconded by Director Hollister, and
unanimously carried, the minutes of February 2, 1961, were approved as
mailed.
Opening of The President announced that this was the time and place fixed for the
Bids -- Bristol, opening of bids for the construction of a sewer line in Bristol Street,
Baker, and Baker Street, and Paularino Avenue.
Paularino Sewer
Line The Assistant Secretary announced that he had received four (4) bids.
Whereupon, all bids were publicly opened, examined, and declared from
the following bidders:
Johnny Lunetta $23,906.50
Leo Weiler Company 25,138.58
• Van Diest Brothers, Inc. 19,917.00
Orange County Construction Co. 36,836.00
•
Upon motion of Director Hollister, seconded by Director Stephens, and
unanimously carried, the bids were referred to the Engineer for check-
ing and report back to this Board as to the lowest regular responsible
bid.
At this point the Engineer and Finance Director left the meeting.
Awarding of Later in the meeting the Engineer and Finance Director returned to
Bid the Board and reported that they had checked all of the bids received
and further reported that the bid of Van Diest Brothers, Inc. for
$19,917.00 was the lowest regular responsible bid received; and recom-
mended that the Board award the contract to said low bidder.
Resolution Upon motion of Director Stephens, seconded by Director Porter,
No. 128 Resolution No. 128, being "A RESOLUTION OF THE BOARD OF DIRECTORS OF
Awarding THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, AWARDING
Contract THE CONTRACT FOR THE CONSTRUCTION OF A SEWER LINE IN BRISTOL STREET,
BAKER STREET, AND PAULARINO AVENUE TO VAN DIEST BROTHERS, INC.,.AT
THE PRICES NAMED IN ITS BID ", was adopted by the following roll call
vote:
AYES: Directors - Stephens,
NOES: Directors - None
ABSENT: Directors - Norman
Porter, Hollister, and Meyers
WX
Berdoco, Inc. Attorney Dungan reported on the,claim of Berdoco, Inc. in connection
• Memorandum with the request for a delay on the Gisler Trunk Sewer line job. The
(Contention A) Attorney filed memorandum dated February 21, 1961, from Berdoco, Inc.
setting forth their contetticns and claiming an amount of $6,970.20 as
damages caused by the delay.
The memorandum states that they received notices from Sakioka Farms
stating that they were harvesting a celery crop, and that Berdoco
would be proceeding at their own risk. Thereupon Berdoco contacted
Mr. Art Nisson, Attorney for Sanitation District No. 7, who asked
what the cost of a month's delay would be, and was advised by Berdoco
that such delay would cost approximately $2,500.00 for standby equipment
plus $50.00 per day for overhead.
Mr. Art Nisson was contacted and stated that the above was substantially
correct, except for the amounts. Mr. Nisson stated that he was told
by Berdoco that a month's delay would be approximately $750.00, but
in any event, less than $1,000.00.
The Attorney for the District stated that Berdoco, Inc. had requested
and received an extension of time to complete the work to October 12,
1960; that the work was not completed until November 25, 1960, a period
of 43 days after time for completion, and that the Contract called for
$200.00 per day penalty for not completing the work on time.
• The Attorney stated that the staff recommended that the claim of Ber-
doco, whether it be found to be for $1,000.00 or $6,970.20 be denied
in lieu of the assessment by the District of $8,600.00 claim for failure
to complete the work on time.
It was moved by Director Hollister, seconded by Director Porter, and
unanimously carried, that the Board find that the amount justifiably
payable to Berdoco, Inc. for the delay is the sum of $1,000.00 and not
$6,970.20 as claimed by Berdoco, Inc.; that in the event Berdoco, Inc.
wishes to proceed with its claim against District for either $1,000.00
or the greater sum of $6,970.20, the District assert its claim against
Berdoco, Inc. for the sum of $8,600.00 for failure of Berdoco, Inc.
to complete the work within the specified time in the Contract; that
in consideration of Berdoco, Inc. withdrawing its claim for damages
in either the sum of $1,000.00, or in the greater sum of $6,970.20
for the requested delay of the work, the District shall waive its
claim against Berdoco, Inc. for the penalty of $8,600.00 for failure
by Berdoco, Inc. to complete the work within the time specified in the
Contract.
G. D. Buccola Attorney Dungan advised the Board that there is no legal method by
Request which the District can either reimburse the G. D. Buccola Investment
Company for a portion of the installed sewer or provide a charge for
the right to connect on to said sewer line by third persons.
Whereupon Director Porter made a motion to deny the request of G. D.
• Buccola Investment Company, seconded by Director Hollister, and
unanimously carried.
-3
•Easement to Attorney Dungan advised, the Board of the possibility of a new 50 -foot
City for Street street going in which would conrn ct West 18th Street with West; 19th
Purposes. Street, between,Monr'ovia and Whittier. The easterly right of way of
this street would be the easterly property line of that portion of
Lot 1101, Newport Mesa Tract, owned by the Sanitary District.. I Attorney
Dungan also advised the Board that Wes': 19th Street will be widened
for street purposes; and that it would be advantageous at this time
to dedicate the northerly 10 feet of this property to the City for
street purposes.
Minute Director Porter made a motion to adopt a Minute Resolution authorizing
Resolution Attorney Dungan to prepare the necessary papers for the granting of
this easement to the City, and authorizing the President and Secretary
to sign the Easement Deed. This motion was. seconded by Director Stephens
and carried by the following roll call vote:
AYES: Directors - Stephens, Porter, Hollister, and;Meyers
NOES: Directors - None
ABSENT: Directors - Norman
Financial Upon motion by Director Hollister, seconded by Director Stephens,
Report and unanimously carried, the Financial Report for the month of February
1961, was accepted and ordered filed.
House Count A communication was read by Assistant Secretary Swartz requesting an
• addition of 124 units to the house count. It was moved by Director
Hollister, seconded by Director Porter, and unanimously carried, that
124 units be added to the house count, making a total of 14,625 as of
March 1, 1961.
Annexation #20 Assistant Secretary Swartz read a communication from Director of
Outstanding Finance Hartzler stating that a liability of $1,091.63, on the part
Liability of the District, has been carried on the books since September, 1954,
as a result of the sewer line installed on West 19th Street between
Pomona and Placentia, known as Annexation #20, and recommended that
the refunds be made.
Director Hollister made a motion to refund the overpayment to property
owners listed in letter, and the advance paid by Harvey Somers in the
amount of $994.77 -- leaving one unpaid assessment in the amount of
$96.86. This motion was seconded by Director Porter, and carried by
the following roll call vote:
AYES: Directors - Stephens, Porter, Hollister, and Meyers
NOES: Directors - None
ABSENT: Directors - Norman
County of Assistant Secretary Svrartz read a communication from the County of
Orange -- Highway Orange Highway Department stating that they propose to construct
Department Tustin Avenue, extending northeast from Mesa Drive, during the year
• (Tustin Ave.) 1961 -1962, and that it will be necessary to relocate the above - ground
pumping facilities at this intersection.
•County of
Orange (cont.)
Motion
•
-4-
Director Stephens made a motion that this letter be referred to the
Engineer, seconded by Director Hollister, and unanimously carried.
Warrants Upon motion of Director Porter, seconded by Director Stephens,
Warrant Resolution No. 69 for payment of $13,589•41 from the Running
Expense Fund was approved by the following roll call vote:
AYES: Directors - Stephens, Porter, Hollister, and Meyers
NOES: Directors - None
ABSENT: Directors - Norman
Adjournment Upon motion by Director Hollister, seconded by Director Porter,
and unanimously carried, the meeting was adjourned at 8:30 P.M.
I i
, We"
SECRETARY