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Home My WebLink AboutMinutes 1963-01-301-30-63 pursuant:to adjournment of the adjourned regular meeting on January 23,1963,the Board of Directorsof County Sanitation District No.7 of Orange County,California met in an adjourned regular meeting at 2:30 p.m.,~January 30,1963 in Room 239 at 110k West Eighth Street,Santa Aim,California. The Chairman called the meeting to order at 2:30 p.m.The roll was called and the Secretary reported a quorum present: Directors.present:George W.Doney (Chairman),Dee Cook, A..A.Hall,.A.H.Meyers,Rex A.Parks and C.M.Featherly None Lee M.Nelson,Paul G.Brown,C.Arthur Nisson,Jr.,Conrad Hohener,Sidney Lowry, Joe Boeko,Frank Bosko,Bob Blakeman, Mr.Belland and Fred A.Harper,Secretary ________________________ Moved,,seconded and duly carried: ________________________ That Addendum No.2 dated January __________________________ 15,1963 to the plans and specifi cations for contract No.7-2A1 3C hereby approved,adopted and ordered __________________________ The Secretary read the letter dated _________________________ January 30,1963,from Boyle & __________________________ Lowry,District Engineers,with reference to the bid proposals received for Contract No.7-2A,3C &3D,recommending that the contract be awarded to Bosko Construction on their apparent low bid for the project;however,the Engineers noted a discrepancy in the bid on Item #6 where the written unit price was Seven and No/l00 Dollars andthe figures were $7.50. The total bid submitted was for $322,7ii.5.QO but if the written unit price on Item #6 was used~the total would be $316,928.00. The General Manager submitted to the Directors his written recommendation regarding this discrepancy.It was the General Manager’s opinion that the discrepancy resulted from a copy ing error by the Contractor and it was clearly the Contractor’s inteñt.tobidItem#6 at $7.50.-2; ~General Counsel for the District submitted a legal opinion stating that it was not possible for the Board of Directors to accept the figures written and disregard the words written in the bid because the proposal form contains the following sentence in the schedule of prices,“In the case of a dis crepancy between words and figures,the words shall prevail”. MINUTES OF ADJOURNED REGULAR MEETING BOARD OP DIRECTORS COUNTY SANITATION DISTRICT NO.7 January 30,1963 at 2:30 p.m Roö~239,1104 West Eighth Street Santa Ana,California Directors absent: Others present: Approving’Addendum No.2 to the plans and speciri— cations ror Contract i-2A, 3C and 3D Sub-1~’unks ‘and 3D Sub-~’unks,is filed. Consideration of award of Contract No.Y-2A,30,3] Sub-‘IThn~ca Establishing standard.charge ror laterals constructed under Contract No.7-2A,ic 3D ~ub-T~uruc~ ____________________________ mat in the construction of Con-. _______________________ tract No.7-2A,3C &3D Sub ~unks,a’standard charge to the property owner of $150.00 is hereby establishe~i for a 4”house lateral.constructed by the.District’s Contractor;and, That a standard’charge of $8.00 per foot ($225~.00rniriimum)is hereby established for a 6”commercial lateral~constructed by the Dis.trict’i Contractor;and, Approving’the General Manager’s interpretation ~f Ordinance No.(U’D ;:~~~--~~ Jo 1-30-63 The General Counsel.advised the Board that this is not the t~e of informality which the Board has reserved the~right to waive in the bidder’s proposal. The Chair then.recognized Mr.Stanton Belland,’Counsel for Bosico Construction Company,apparent low bidder,who’pre sented the Contractor’s position in the matter. Following a.lengthy discussion regarding the.discrepancy be tween the words and figures on Item #6 of the bidder’s proposal,it was;moved,.,seconded ‘arid’duly carried:: That the communications and recommendations from tho.Diatrict’s Engineers,General Manager,and Genera].Counsel,be received and ordered filed;and on the advice of the General Counsel, the contract be prepared showing the unit price on Item #6 as Seven and No/iCO Dollars and the,total contract price as $316,928.00. FURTHER ?40V~:..That tnere exists.an honest dispute between the Contractor and’the District as’to whether the bid on Item #6 was Seven Dollars as written or $7.50 as appeared in figures on”the proposal..This’question may be determined by legal action without.prejudice’to the Contractor and in full recognition of his contention. Award of Contract 7-2A,.3C Moved,seconded and duly carried: and 3D Sub-~’unks to Bosko’ Construction That.the Board,adopt Resolution No.63-8—7,awàr~ing~cdntract for construction of Contract No..7-2A,3C,3D Sub-Trth~ks to Bosko Construction’Company in the.amount of $316,928’.’OO;and authorizing execution ‘of said’contract:by the”chairman and the Secretary..Certified copy of this resolution is att~ched hereto’and made a part of’these minutes.. Moved,seconded and duly carried: . . . That funds’received from these’charges shall be deposited into the District’s Facilities’Revolving.Fund and shall,be disbursed from time to time in accordance with the terms;o.f the con struction agreements~as construction progress payment’s. _____________________ Moved,seconded.and duly carried: _____________________ That the General Manager’s interpre tàtion of a portl9n of Ordinance No.705 (Sections (d:)and.(e)of Article L1..óf said Ordinance), be’approved,and that’the’Board adopt Resolution No.63-9-7, approving ~aaid interpretation..Certified’.copy~’of this resolu tion is attached’hereto and made a part of these minutes. —2- •1 1-30-63 CONTRACT.,7-2,MACDONALD CO Moved,seconded and carried by roll call vote:. Evans ~‘ucking $231.95’ Communications received Moved,aeoonded’and duly cari’ied: and ordered riled That the following communications be received and filed and referred to the staff and the engineers for study and report: 1.Letter from-~Arthur Guy,Jr.,attorney fox’Staler, Inc.,.dated~January15,1963 addressed to Mr.Nisson (7—3) 2.Letter from Mr.Nisson.to Staler,Inc.,.(7—3).dated January 15,1963,in reply to the’communication above Cost breakdown submitted by Staler,Inc.,in con— néction with Contract 7-3 4.Letter from Boyle &Lowry in connection with Con— tract 7—5—2. 5..Letter’dated January15,1963,addressed to Mr..Misson from-ArthurGuy,Jr.,regarding Contract No.7-5-2 6,Letter dated January 18,1963 from Staler,Inc.,re— ().garding revj~sed construction schedule on Contract 7—5—2 7.Letter from the.County Highway Department advising.: that they wl.1].complete the necessary work on Con—- tract’7-3 and bill the District for costs Repealing Ordinance No.703 j~Creating Residents Committee.) That the Board of Directors adopt Ordinance No.707 repealing Ordinance No.703 (creating the Residents Advisory Committee). Notices to’Withhold,.re-~. ceived and ordered r’Iled Moved,seconded’and duly carried: That the Notices to Withhold submitted against the Contractors’onContracts No.7-2,7-3 arid 7-5—2,..be received and ordered filed as follows; CONTRACT 7-3,STALER,INC B.E.Williams $11,485.00 ‘ ‘ . Robert linger-‘. Pacific Clay Products ‘ Evans Trucking ..~ ‘:. ::. 1,250.00 ‘ 21,473.54 “334.62. ‘ ‘ CONTRACT 7-5-2,STALER,INC...‘ ‘ . . Alfred A.Kx’aft ‘ (Sunset Tree Service) Pacific Clay Products ~Culbertson..Rentals C.T.culbertson Rentals . . ‘ . ‘$1,080.00’ 3,788.64 -422.1G.” 34.00 ‘ ~‘ ~ ~-,.—.:‘,.-?-—~ 8.Letter from Staler,Inc.,.dated January,28,1963, and accompanying breakdown of alleged additional expenses incurred in construction of Cohtract 7-3 9.Three letters from Bosko Construction,received January 26,1963,regarding Contract 7-k-i _________________ Moved,seconded and duly carried: ____________________ That:Change~Order No.1 to the plans ___________________ andY.specifications for Contract 7-2A, 3C and 3D Sub-~unks iS hereby approved and.adopted,and that total.addition!of $1,k99.50 is hereby-authorized-to be made.to the contract,I Copy bf this change order ‘is attached hereto and made a part of these minutes. .Moved,’seconded and duly carried: That this meeting of the Board of’Directors of County Sanita tion District No.7 be adjourned to 7:30 p.m.,.February 13, 1963 in Room 239 at 110k We~t Eighth Street,Santa Ana,Calif ornia.Whereupon the Chairman declared the.meeting so adjourned at 3:35 p.m.,January 30,.1963. Chairman,Board of Directors or County~Sanitation.District No.7 of Orange County,California Letter from Staler,Inc. requesting time exten sion,received,riled Moved,seconded and duly carried: ________________________ That the letter received January k, and denied 1963 from Staler,I Inc.,.request ing extension of time for comple tion of Contract No.7—3,be received and file~1,and that said request.be denied since the Contractor failed to be specific in his.request. Approving and adopting Change Order No.2 to the plans and:speciri.-’ cati.ons for Contract No.(D~ Moved,,seconded arid duly carried: _____________________ That Change Orderl No.2 to the ________________________ plans.and specifications for _____________________ Contract No.7—5-2,for remedial work ‘and the cons~tructidn of a drop manhole,be approved and adopted.Copy of this change order is attached hereto and:made.a.part of these minutes. Requesting continuance Moved,,seconded a~id duly carried: or hearing on annexation That the’Secretary be directed to request that the.County Board of Supervisors c;ontinue their hearing on.the proposed annexation of territory to-the District, to a date following the.:District’s board meeti~ng on F.e.bruary 13, 1963 (~aots #11.733 and #k953), Approving warrant Moved,,seconded and duly carried: register tor payment 1 That the Facilities Revolving Fund warrant register be approved for signature of the Chairman, and.that..payment~of Warrant #3k84 in the amount of $150 to Mary,Carolyn ~ince for lateral not constructed (at the prop erty owne~.s request),.,is hereby authorized.., Approving and adopting. Change Order No.1 to Contract..No.(-~A.iU and 3i Attest: secretary,TBoard or ‘Directors 01. County Sanitation District’No.7 of Orange County,California _14_