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
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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.
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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.
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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.
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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,
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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.
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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
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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
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