Minutes - Board - 2000-10-040
COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Special Meeting held October 4, 2000
The Board of Directors of the Costa Mesa Sanitary District met in special session on
October 4, 2000, at 12:00 p. m., in conference room 1A at the Civic Center, 77 Fair Drive,
Costa Mesa, California.
President Perry called the meeting to order at 12:00 p.m.
Roll Call: Directors Present: Art Perry, Arlene Schafer, Greg Woodside (Arrived
12:14 p.m.), James Ferryman, Dan Worthington
Staff Present: Rob Hamers, Manager; Tom Fauth, Assistant
Manager; Joan Revak, Clerk of the District; Dawn
Schmeisser, Assessment Specialist; Alan Burns,
Legal Counsel; Marc Puckett, Treasurer
STANDARDIZED CONTAINER PROGRAM
• President Perry noted the special meeting was called to discuss the proposed
standardized container program and turned the meeting over to District Manager Rob
Hamers.
ISSUES REGARDING ACCEPTANCE OF BIDS
Mr. Hamers informed the Board of an issue regarding the arrival of the bid from Roto
Industries and noted that the Notice Inviting Proposals for Refuse Containers stated:
"NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Costa Mesa
Sanitary District to wit: The Clerk of the District, P. O. Box 1200, Costa Mesa, California
92628 -1200, on or before the hour of 10:00 a.m. on Tuesday, September 5, 2000. It
shall be the responsibility of the bidder to deliver his proposal to the Clerk's Office by
the proper announced time. Delivery Location: City of Costa Mesa, Clerk of the
District, 77 Fair Drive, 4`h Floor, Costa Mesa, California 92626."
Despite the bid directions, five of the bids received were delivered to the Costa Mesa City
Clerk's office but were in the possession of the District Clerk at the time of bid opening.
The bids that were opened at 10:10 a.m. were read publicly. When the District Clerk
announced the close of bid openings, representatives from Roto Industries inquired as to
why their bid was not opened. A search of City Hall was made to determine if the package
• had been received. The bid package was found in the mailroom, having been delivered by
Federal Express. It was later determined that the package was signed for by City
mailroom personnel at 9:32 a.m. on the bid date. The City has a mailroom policy that
CMSD BOARD OF DIRECTORS SPECIAL MEETING 2
October 4. 2000
• Federal Express mail is to be delivered to the 3rd floor mailroom and mailroom staff is
expected to notify the appropriate department to pick up the delivery. The mailroom
personnel stated that with respect to this delivery, that they were busy with payroll entries
and did not notify the District of the delivery. In following up with Federal Express tracking
service, staff learned that City mailroom personnel signed for the package from Roto
Industries at 9:32 a.m., Tuesday, September 5, 2000
Mr. Hamers noted that just prior to bid opening, Staff retrieved five bids from the City Clerk
that had not been delivered to the District Clerk. Staff did not make an inquiry to the
mailroom to see if any bids had arrived.
Alan Burns, District Counsel, noted the bid delivered by Roto Industries was sealed so no
advantage was gained by the late bid and, in his legal opinion, the District would be well
within its rights to reject the Roto bid; the District would be well within its rights to reject all
bids and re- advertise; the District might also be within its rights to accept all bids and make
a determination; if the District were later found by a Court to have wrongly considered the
Roto bid, the damages would be limited to the cost of preparing the bid.
A motion was made by Director Schafer and seconded by Director Ferryman to consider
the bid of Roto Industries. Motion carried 4 -0.
(Director Woodside arrived at 12:14 p.m.)
• REVIEW OF BIDS ACCEPTED
Mr. Hamers reported that three of the manufacturers bid the proposal in accordance with
material specifications stated in the RFP, and presented a summary of bids received
delineating cost, responsiveness to specifications, product testing, delivery schedule
and enhancements offered by the manufacturers of the containers. Mr. Hamers
informed the Board that staff has not completed the investigation as far as testing is
concerned.
Mr. Fauth presented results of a survey of various cities where the manufacturers have
containers in use and informed the Board that destructive and non - destructive testing
will be performed and additional research into cans presently on the streets will take
place.
Director Worthington noted that cans selected will eventually be used in full- automation
program and must be able to withstand pressure of being fully automated. Mr. Hamers
stated this requirement was in the bid specifications.
Mr. Hamers noted that staff would continue to perform in -house research, testing
investigation, and research of programs using the proposed containers and will
schedule an additional special meeting when the information is compiled..
•
CMSD BOARD OF DIRECTORS SPECIAL MEETING 3
October 4. 2000
• FINANCING OPTIONS
Mr. Puckett presented a proposal for purchase financing for the containers but noted
options could not be solidified until financing amount is known. The proposal from
Municipal Services Group, Inc. will be distributed to the Board.
Director Ferryman suggested looking into the option of leasing the cans and other
financing options
ADJOURNMENT
At 1:33 p. m. President Perry adjourned the meeting.
SEGRETARY PRESIDENT
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