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HomeMy WebLinkAboutMinutes 1993-01-20COUNTY SANITATION DISTRICTS NOS.3 &7 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING January 20,1993 -7:30 P.M. 10844 Ellis Avenue Fountain Valley,California Pursuant to adjournment of the regular meeting of January 13,1993,the Boards of Directors of County Sanitation Districts Nos.3 and 7 of Orange County, California,met in an adjourned regular meeting at the above hour and date. The Chairman called the meeting to order at 7:30 p.m.The roll was called and the Assistant Secretary reported a quorum present. DISTRICT 3 DIRECTORS PRESENT:Burnie Dunlap,Chairman pro tem, John Collins,James V.Evans,James H.Flora,Don R.Griffin,Gail Kerry, Frank Laszlo,Eva G.Miner,Earle Robitaille,Sheldon S.Singer,Roger A. Stanton,Charles E.Sylvia DIRECTORS ABSENT:A.B.“Buck”Catlin,Thomas E.Lutz, Irv Pickier,Sal A.Sapien DISTRICT 7 DIRECTORS PRESENT:Fred Barrera,Barry Hammond,Ted Moreno,Don Roth DIRECTORS ABSENT:Charles E.Puckett,Phil Sansone, James A.Wahner STAFF MEMBERS PRESENT J.Wayne Sylvester,General Manager, Penny Kyle,Assitant Board Secretary, Thomas M.Dawes,Gary G.Streed, John Dettle OTHERS PRESENT Joint Chairman William Mahoney, Vice Joint Chairman Evelyn Hart, Director Carrey J.Nelson,Thomas L. Woodruff,General Counsel,John Shaw,Phil Stone ********************~ 01/20/93 Districts 3 &7 DISTRICTS 3 &7 Beport of staff and counsel re fiberglass pipe force mains The Director of Engineering reported on the history of the Districts’use of Techite pipe as an alternative material for force main construction.Techite pipe was made from fiberglass layers bonded together with glue.He also reported that in the past three years,the Districts have experienced failures in some of the Techite pipe force mains installed in District No.3.Other pipe has been installed in Districts Nos.5 and 7 and as a liner in an interplant line. He also explained that the western portion of District No.3 drains to a collection system served by the Seal Beach Pump Station located on the northeast corner of Seal Beach Boulevard and Westminster Avenue.Wastewater from this system is pumped easterly through a dual force main system to a gravity sewer located half way between Bolsa Chica Avenue and Springdale Avenue.Both force mains are made of 30-inch diameter Techite pipes.The first of these mains,the Westminster Avenue Force Main,First Unit,Contract No.3-13,was installed in 1970,the Second Unit,Contract No.3-13-1,in 1978. Mr.Dawes stated that the most recent of several breaks in these lines occurred on August 19,1991.The same line previously broke a few hundred feet away in March 1990 necessitating repairs at that time.The Director of Engineering noted that while replacing the most heavily damaged 20-foot portion of the pipe from the August 1991 break,staff was able to view adjacent pipe sections on both sides of the broken pipe and found them cracked as well.Staff reported to the Directors at the September 11,1991 Board meeting that the entire line would possibly need to be replaced.Staff estimated the cost to be approximately $5 to $6 million to replace both pipes.The Board authorized staff to solicit proposals and negotiate a professional services agreement for design of Replacement of the Westminster Avenue Force Main (First Unit),Contract No.3-36.Design for the Second Unit would follow the construction of the First Unit as a second phase via a separate contract. He noted that staff reported to the Directors in December 1991 that information had been obtained indicating that the break may have been due to Techite pipe being inherently defective.Staff and General Counsel have had a number of discussions with David Griffin,a Bakersfield lawyer specializing in pipe,technology. Mr.Griffin has represented public agencies with similar Techite pipe problems.He has recovered several large judgments and settlements against the Techite pipe manufacturers for defective material. -2-0 I li 01 /20/93 Districts 3 &7 At that time General Counsel and staff recommended,and the Boards concurred, retaining Mr.Griffin within staff authority to review the potential of recovering costs from the manufacturers of Techite pipe.It was further noted that based on potential results of the recommended testing and Mr.Griffin’s findings,claims for fraud,breach of contract,negligence and misrepresentation are a distinct possibility,with recoveries for the cost of replacing the Districts’force mains plus legal fees minus depreciation expected.Punitive damages have also been obtained in past cases.Mr.Griffin has advised the Districts of some of the past histories of the Techite pipe manufacturers and the basis for a claim against the Techite pipe manufacturers.Mr.Griffin has indicated that the chances of recovery are good, and recommends proceeding with further testing. Testing of the pipe requires taking pipe samples for laboratory analysis.Mr.Griffin advises that the main items of evidence for this,or any such case,are the samples of the pipe analyzed by a laboratory proving that the pipe is deteriorating at an accelerated pace.The Districts videotaped 1300 feet of the newer Westminster Avenue Force Main,Contract No.3-1 3-1,to determine if taking a sample was justified.The Directors viewed portions of that videotape which showed a radial crack consistent with past Techite pipe failures.Videotaping lengths exceeding 1300 feet would require the Districts to cut access openings in the force mains at 2600 foot intervals.Mr.Dawes also stated that staff has prepared plans for the removal of a segment of pipe from each of the Westminster Force Mains,First and Second Units,with one segment selected which will allow the repair of the cracked pipe that has been discovered on the Second Unit,concurrently with it’s use for laboratory analysis.The First Unit has had two recent failures in 1990 and 1991. Mr.Dawes further reported that Techite pipe was used in District No.7 at the Navy Way Pump Station and Force Main,and the College Avenue Pump Station and Force Main.No failures have happened on these systems. In July 1992,the Directors authorized construction of a gravity line to the Irvine Ranch Water District’s Harvard Avenue Trunk in lieu of constructing a new force main for the Navy Way Pump Station force main.Plans are now being prepared for the abandonment of the Navy Way Pump Station and Force Main and most of the flows to the College Avenue Pump Station are being diverted to the Sunflower Trunk Sewer,greatly reducing the operating pressures in this line.Samples will be taken of the Navy Way Force Main as part of the Navy Way Pump Station and Force Main Abandonment and Construction of Gravity Sewer,Contract No.7-20. Since the analysis for District No.3 will precede District No.7,no actions were being recommended at this time for District No.7. -3- 01120/93 Districts 3 &7 Mr.Dawes concluded that due to the fact that these samples will be used as evidence in a claim,staff recommends the removal of the pipes and selection of segments for laboratory analysis be supervised and documented by a third party with experience in removing the fragile sections of pipe.Mr.Arnold Rummelsburg is an experienced consultant with the knowledge necessary to supervise and provide forensic documentation of the removal.Corroborating laboratory analyses will also be required from two labs.Also,staff and General Counsel are recommending that Mr.Griffin’s authorization be increased from the staff- authorized $25,000.00 to $85,000.00 to cover consultation,compilation of past discovery and testimony,and preparation of a settlement brief.In addition,a contractor will have to be engaged to repair the cracked section(s)of pipe. DosT~ocr~ Actions re evaluation and determination of condLtion pf Techitei~e force maini and viabllftv of cl&rn ~manufacturer AuthorizlnVi Chanoe Order ~o.1 to Purchase Order ~o.54292 issued to David ~.~riffln~ ~onie~v at Law re Techitei~i~ Moved,seconded and duly carried: That staff be,and is hereby,authorized to issue Change Order No.1 to Purchase Order No.54292 issued to David R.Griffin,Attorney at Law,and/or his firm ~yrum,Holland &Griffin,increasing the authorized amount from an amount not to exceed $25,000.00 to an amount not to exceed $85,000.00,for services pertaining to evaluation and determination of condition of Techite pipe force mains and viability of claim against pipe manufacturer. Authorizingthe General ~tI~ana~ to issue a order ta Arnold iR1ummelsbuir~toj~rovid~ auj~eMsion and forensic documentation re TechitePIi~ Moved,seconded and duly carried: That the General Manager be,and is hereby,authorized to issue a purchase order to Arnold Rummelsburg to provide supervision and forensic documentation ifl an amount not to exceed $5,000.00,for services pertaining to evaluation and determination of condition of Techite pipe force mains and viability of claim against pipe manufacturer. -4- 01/20/93 Districts 3 &7 Authorizing the General Manager to issue purchase orders to Houser Labs and Derrick Hull re Techite øi~e Moved,seconded and duly carried that the General Manager be,and is hereby,authorized to issue the following purchase orders to conduct laboratory analyses for services pertaining to evaluation and determination of condition of Techite pipe force mains and viability of claim against pipe manufacturer,in a total amount not to exceed $35,000.00 for the two firms: •Houser Labs -Boulder,Colorado •Derrick Hull,Consultant -Cambridge,England Authorizing receiDt of bids from qualified contractors for ReDair and Samølingof Westminster Avenue Force Main.Units 1 and 2.Contract No.3-36.and award contract to lowest resDonsible bidder Moved,seconded and duly carried: That the General Manager be,and is hereby,authorized to receive bids from qualified contractors for Repair and Sampling of Westminster Avenue Force Main,Units 1 and 2,Contract No.3-36; and, - FURTHER MOVED:That the General Manager be,and is hereby, authorized to award contract to the lowest responsible bidder,in an amount not to exceed $125,000.00. DISTRICT 3 Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 3 be adjourned.The Chairman then declared the meeting so adjourned at 8:20 p.m.,January 20,1993. -5- 01/20/93 Districts 3 &7 DISTRICT 7 Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 7 be adjourned.The Chairman then declared the meeting so adjourned at 8:20 p.m.,January 20,1993. Assistant S etary oard of Directors County Sani ation istricts Nos.3 &7 of Orange County,California -6- I certify that those portions of the minutes of the combined adjourned regular meeting of the County Sanitation Districts Nos.3 and 7 of Orange County,California,on January 20,1993, reporting the actions of District No.3 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other District shall be regarded as surplusage. Board of Directors of County Sanitation District No.3 of Orange County,California 4stanteeta~,BoiTh~f Directors of County Sanitation District No.3 of Orange County, California I certify that those portions of the minutes of the combined adjourned regular meeting of the County Sanitation Districts Nos.3 and 7 of Orange County,California,on January 20,1993, reporting the actions of District No.7 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other District shall be regarded as surplusage. Chairman Board of Directors of County Sanitation District No.7 of Orange County,California 44~4 Assistant ii~~rd~~ Directors of ~6unty Sanitation District No.7 of Orange County, California STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE Pursuant to California Government Code Section 54954.2, I hereby certify that the Agenda for the Adjourned Regular Board Meeting of Districts Nos.1,2,3,5,6,7,11,13 and 14 held on fJft4i (Mac ~O ,19~was duly posted for public inspection main lobby of the Districts’offices on IN WITNESS WHEREOF,I have hereunto set my hand this day of ________________,19g. Pe fly Kyle,ss ant Secretary of each of the Boar s of Directors of County Sanitation Districts N.os.1,2,3,5,6,7,11,13 & 14 of Orange County,California L