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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